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DAVID W. DANIEL, Magistrate Judge.
This matter is before the Court on the motion for summary judgment of Defendants Linnie Bell Braswell, Dillon DuBoise, Orbie Lee DuBoise, Paul DuBoise, Kathryn Hinson, Kay Nealey, and Mary Stevens [DE-54] and the motion to amend/correct answer of Defendants Richard Wayne Harrelson and the Estate of Joyce Gail Harrelson DuBoise [DE-57]. All appropriate responses have been filed. Thus, the two motions are presently ripe for review.
On March 19, 2010, Harleysville Life Insurance Company ("Plaintiff') filed the Complaint [DE-1[ in this interpleader action against Defendants Richard Wayne Harrelson, Linnie Bell Braswell, Dillon DuBoise, Orbie Lee DuBoise, Paul DuBoise, Kathryn Hinson, Kay Nealey, and Mary Stevens. This Court has jurisdiction over the matter because all of the defendants claim to be entitled to the proceeds of a life insurance policy held by the late Charles DuBoise ("Decedent"), which is governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461.
On April 26, 2010, Plaintiff filed a Motion to Deposit Funds into Court Registry and Motion for Dismissal [DE-21]. On June 9, 2010, Chief Judge Flanagan entered an Order [DE-32] granting Plaintiffs motion and ordering that Plaintiff deposit $55,000 plus interest accrued thereon with the Court, representing the amount to be disbursed under the disputed life insurance policy. As a result, Plaintiff was dismissed with prejudice from this action.
On May 17, 2010, Defendants Linnie Bell Braswell, Dillon DuBoise, Orbie Lee DuBoise, Paul DuBoise, Kathryn Hinson, Kay Nealey, and Mary Stevens (collectively "the Defendant Siblings") filed an Answer [DE-27]. On May 20, 2010, Defendant Richard Wayne Harrelson ("Harrelson") filed an Answer and Motion to Join a Required Party [DE-30], which sought to add the Estate of Joyce Gail Harrelson DuBoise as a party to this action. On July 8, 2010, this action was referred to the undersigned [DE-36] for conduct of all further proceedings, and on October 19, 2010, the undersigned granted the requested joinder [DE-53]. Hereinafter, Harrelson and the Estate of Joyce Gail Harrelson DuBoise are collectively referred to as "the Defendants Harrelson."
On January 12, 2011, the Defendant Siblings filed a Motion for Summary Judgment [DE-54]. The Defendants Harrelson responded [DE-56] on February 2, 2011. On February 3, 2011, the Defendants Harrelson filed a Motion to Amend/Correct Answer [DE-57], which sought to amend their answer to allege the affirmative defense of release. The Defendant Siblings responded [DE-61] on February 22, 2011. Accordingly, both motions are currently ripe and before the undersigned for disposition.
The facts which gave rise to this action are not in dispute. Plaintiff provided Decedent with a group term life insurance policy ("the Policy") which went into effect on or about December 1, 2004. Compl. ¶ 13 [DE-1]. Decedent and his wife, Joyce DuBoise ("DuBoise"), died as a result of injuries sustained in an automobile accident on November 1, 2008. Compl. ¶¶ 15, 18; Def. Siblings' Mem. in Supp. of Mot. for Summ. 1. at 1-2 (hereinafter "Mem. in Supp.") [DE-55]; Mem. in Opp'n to Def. Siblings' Mot. for Summ. J. at 1-2 (hereinafter "Mem. in Opp'n") [DE-56]. DuBoise factually predeceased Decedent by six hours. Mem. in Supp. at 1-2; Mem. in Opp'n at 2. Decedent was not survived by any living parents or natural-born children. See Compl. ¶¶ 19-20. However, Decedent was survived by an adult step-son (Harrelson) and several adult siblings (the Defendant Siblings). Mem. in Supp. at 1; Mem. in Opp'n at 2.
The Policy stipulated that, if there was no named beneficiary, the proceeds would be paid "to one of the classes of survivors in the following order, [Decedent's]: 1. Current Spouse; 2. Surviving children in equal shares; 3. Parents in equal shares; 4. Siblings in equal shares; 5. Estate." Compl. Ex. A at 18 [DE-1-2]; Mem. in Supp. at 5-6; Mem. in Opp'n at 13. On April 2, 2009, Plaintiff advised all parties now defendants to this action that "the proceeds for the basic life and accidental [would] be evenly divided between Charles DuBoise's siblings, and the dependent rider benefit [would] be paid to Charles' estate," unless there were objections. Compl. ¶ 24. The Defendants Harrelson objected to the proposed payment plan, and alerted Plaintiff of their objection via a letter dated April 23, 2009. ld. ¶ 25. Subsequently, Plaintiff deposited the Policy's funds into the Court registry and has been dismissed from this case. See June 9, 2010 Order [DE-32]. However, the Defendants Harrelson and the Defendant Siblings continue to each contend that they are the rightful beneficiaries of the proceeds of the Policy, and, as such, remain adversarial defendants in this action. CompI. ¶¶ 25-27.
1. The Defendant Siblings' motion for summary judgment
Summary judgment is appropriate pursuant to Federal Rule of Civil Procedure 56 when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Fed R. Civ. P. 56(a); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 (1986). The party seeking summary judgment bears the initial burden of demonstrating the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 330 (1986). Once the moving party has met its burden, the non-moving party may not rest on the allegations or denials in its pleading, Anderson, 477 U.S. at 248, but "must come forward with `specific facts showing that there is a genuine issue for trial.'" Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (quoting Fed. R. Civ. P. 56(e)). Summary judgment should be granted in those cases "in which it is perfectly clear that no genuine issue of material fact remains unresolved and inquiry into the facts is unnecessary to clarify the application of the law." Haavistola v. Community Fire Co. of Rising Sun, Inc., 6 F.3d 211, 214 (4th Cir. 1993). If a non-moving party, in opposing summary judgment, does not provide evidence on which a factfinder could conceivably rely to rule in the non-moving party's favor, summary judgment is appropriate. Barwick v. Celotex Corp., 736 F.2d 946, 958-59 (4th Cir. 1984).
Here, the parties do not appear to dispute the facts. Therefore, the Court will focus its analysis on whether the Defendant Siblings, as the moving parties, are entitled to judgment as a matter of law. The parties differ in their interpretations of the law governing distribution of the proceeds of the Policy, and, accordingly, the Court must clarify the application of that law.
The Defendant Siblings agree with Plaintiffs proposed payment plan, which would award them the proceeds of the Policy as members of the class "siblings." They contend that this is the proper result because ERISA requires distribution to the first class with surviving members in accordance with the plan documents, and that any conflicting state law would be preempted. However, the Defendants Harrelson make two objections to Plaintiffs proposed payment plan. First, they argue that a conflicting state law, North Carolina's Revised Simultaneous Death Act ("the Act"), N.C. Gen. Stat. §§ 28A-24-1 to-8, is not preempted by ERISA and should apply to award Harrelson the proceeds as the sole heir to the estate of DuBoise, who under the Act would have been Decedent's "current spouse." Second, they argue that, even if the Act is preempted by ERISA, Harrelson is either the rightfully named beneficiary of the Policy or a member of the class "surviving children" under the plan documents, and should still receive the proceeds of the Policy before the Defendant Siblings. Accordingly, each of these arguments will be addressed in tum.
a. The Defendants Harrelson's argument that the Act is not preempted by ERISA
The Defendants Harrelson argue that Harrelson would receive the proceeds of the Policy were the Act to apply. Mem. in Opp'n at 8; see also, Mem. in Supp. at 5 (wherein the Defendant Siblings appear to concede the same). The Act provides, in relevant part, that "[i]f the language of the governing instrument disposes of property in such a way that it is to be distributed to the member or members of a class who survived an individual, each member of the class will be deemed to have survived that individual by at least 120 hours unless it is established by clear and convincing evidence that the individual survived the class member or members by at least 120 hours." N.C. Gen. Stat. § 28A-24-2(c). According to the Defendants Harrelson, the Act's 120-hour survivorship requirement should apply to create a legal fiction whereby DuBoise would be deemed to have survived Decedent—even though she factually predeceased him by approximately six hours-and allow her to be included in the class "current spouse," which precedes the class "siblings" in the Policy's plan documents. Therefore, the Defendants Harrelson argue that Harrelson should then receive the proceeds of the Policy as the sole heir to the estate of DuBoise. Mem. in Opp'n at 8. To the contrary, the Defendant Siblings contend that ERISA preempts the Act and requires strict adherence to the order of beneficiaries in the plan documents. Therefore, because Decedent was factually a widower at the time of his death and had no "current spouse," they argue that they, as members of the next class with surviving members, "siblings," should receive the proceeds of the Policy. Mem. in Supp. at 5.
ERISA provides that its provisions "shall supersede any and all State laws insofar as they may now or hereafter relate to any [non-exempt] employee benefit plan." 29 U.S.c. § 1144(a). The parties agree that the Policy is governed by ERISA. Mem. in Supp. at 3; Mem. in Opp'n at 3. Here, the provision of ERISA in question is its directive that plan administrators provide benefits to survivors "in accordance with the documents and instruments governing the plan." 29 U.S.C. § 1104(a)(1)(D). This clause operates to create a conflict between application of the Act and ERISA because, while both would utilize the claim provisions to award the proceeds of the Policy to the first class with surviving members, under the Act the class "current spouse" would be that class and under ERISA it would be the class "siblings."
The Supreme Court has held that ERISA preemption of state laws is "clearly expansive" and that any state law which has "a connection with or reference to such a plan" will be preempted. Egelhoff v. Egelhoffex reI. Breiner, 532 U.S. 141, 146-47 (2001) (citations omitted). In Egelhoff, the decedent's children by a previous marriage claimed that they, as opposed to the decedent's second ex-wife, were the proper beneficiaries of the proceeds of the decedent's life insurance policy. Although the ex-wife was still listed as the named beneficiary at the time of the decedent's death, the children cited a Washington state statute which automatically revoked an individual's beneficiary status upon divorce from the insured. Id. at 144-45. The Supreme Court, ruling in favor of the ex-wife, held that ERISA preempted the Washington statute because the statute had "an impermissible connection with ERISA plans," and that, because "[t]he statute [bound] plan administrators to a particular choice of rules for determining beneficiary status," its application would force administrators to "pay benefits to the beneficiaries chosen by state law, rather than to those identified in the plan documents." Id. at 147. In so doing, the Egelhoff Court found that application of the state law implicated an area of core ERISA concern and impermissibly conflicted with ERISA's dictate that benefits be distributed according to the terms the plan Similarly, the Court found that, "unlike generally applicable laws regulating `areas where ERISA has nothing to say,' ... this statute governs the payment of benefits, a central matter of plan administration." Id. at 147-48 (citation omitted). In addition, the Court also expressed concern that if the conflicting state statute were not preempted, it would disrupt ERISA's goal of "nationally uniform plan administration," would burden plan administrators by requiring them to "master the relevant laws of 50 states," and would "undermine the congressional goal of minimiz[ing] the administrative and financial burden[s] on plan administrators." Id. at 148-150.
Here, though the necessity of addressing a conflict between ERISA and a simultaneous death act appears to be an issue of first impression, the Court finds that ERISA applies broadly to preempt the Act. The Act has "a connection with or reference to" an ERISA plan because application of the Act as suggested by the Defendants Harrelson would change the beneficiary in conflict with the express language of the plan documents. Similarly, as in Egelhoff, applying the Act would "bind plan administrators to a particular choice of rules for determining beneficiary status" and "pay benefits to the beneficiaries chosen by state law, rather than to those identified in the plan documents." Id. at 147; see also, e.g., McMillan v. Parrot, 913 F.2d 310, 311 (6th Cir. 1990) ("The designation of beneficiaries plainly relates to these ERISA plans, and we see no reason to apply state law on this issue."). Moreover, the various state adoptions of simultaneous death acts are not entirely uniform. If these varying acts escaped ERISA preemption, their application could conceivably disrupt "nationally uniform plan administration" and increase administrative and financial burdens in opposition to the goals of ERISA. Therefore, the Court finds that, as a general matter, ERISA preempts the Act.
First, the Defendants Harrelson contend that the Act "by its express terms governs insurance," and that therefore, it should not be preempted by ERISA because of ERISA's insurance "savings clause." Mem. in Opp'n at 5-8. ERISA's insurance "savings clause" excludes from preemption "any law of any State which regulates insurance, banking, or securities." 29 U.S.C. § 1144(b)(2)(A).
Though the Defendants Harrelson are correct that ERISA's insurance "savings clause" state law must be `specifically directed toward' the insurance industry in order to fall under ERISA's savings clause [and that] laws of general application that have some bearing on insurers do not qualify." Kentucky Ass'n of Health Plans, Inc. v. Miller, 538 U.S. 329, 334 (2003) (citation omitted). Therefore, the Court must consider whether the Act is "specifically directed toward" the insurance industry or merely has "some bearing" on insurers.
The Act defines a "governing instrument" as a "deed, will, trust, insurance or annuity aaapolicy, account with a POD designation, pension, profit sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type." N.C. Gen. Stat. § 28A-24-1 (2). Clearly, insurance policies are only one of the many different types of instruments that can be affected by the Act, and, as such, the Court cannot say that the Act is "specifically directed toward" the insurance industry, but instead appears to only have "some bearing" on insurers.
Next, the Defendants Harrelson attack the Defendant Siblings' reliance on McCurtis ex rei. Love v. Lift Ins. Co. of N. Am., 849 F.Supp. 1141 (S.D. Miss. 1994), for the proposition that the Act is preempted by ERISA and instead argue that it supports their argument that the Act should not be preempted. Mem. in Opp'n at 6. In McCurtis, a mother, father, son, and daughter all died in an automobile accident. McCurtis, 849 F. Supp. at 1142. The mother's ERISA plan insured not only her life, but also listed the father and son as primary beneficiaries and the daughter as a contingent beneficiary. ld. at 1143 n.3. After the accident, an individual who was not a previously known member of the family filed a paternity suit and was determined to be an illegitimate child of the father. ld. at 1143. This child, the plaintiff in McCurtis, argued that Mississippi's simultaneous death act applied because the mother, father, son, and daughter had died simultaneously, and that, with all named beneficiaries dead, she should be the beneficiary of the insurance proceeds as the only heir of the father and son. In response, the estate of the mother argued that ERISA preempted the Mississippi act because application of the act would impermissibly affect the employee benefit plan, to which the plaintiff responded that the statute "regulated insurance" and thus would not be preempted because of the ERISA savings clause. ld. at 1144.
Ultimately, though it was implicated, the McCurtis court did not decide the case on the preemption issue. Instead, the court found dispositive the fact that the mother had briefly factually outlived the other parties according to witnesses' testimony that only the mother, and not the father, son, or daughter, was still alive and struggling when they arrived on the scene. However, the court did reason that, even if the Mississippi act was not preempted, the simultaneous death act implicated in McCurtis did not contain a 120-hour survivorship requirement and the fact that the mother was found to live even a few moments past the beneficiaries was necessarily dispositive. Id. at 1144-46. By contrast, here, the Court notes that the Act does contain a 120-hour survivorship requirement. In addition, the Court also notes that, while the Defendants Harrelson point to the fact that the McCurtis court did not decide the question on the basis of ERISA preemption, in quoting the court's reasoning, the Defendants Harrelson omitted a key clause of the relevant sentence: "While the court assumed in the preceding discussion, for the sake of argument, that Mississippi's Simultaneous Death Law was exempt from ERISA preemption, the court considers it likely that this law is preempted, though the court need not finally resolve the issue. However, if, as the court is inclined to hold, preemption does apply, the result would be the same." McCurtis, 847 F. Supp. at 1146-1147 (emphasis added to words omitted by the Defendants Harrelson); see also, Mem. in Opp'n at 6. The omitted clause indicates that, contrary to what the Defendants Harrelson suggest, the court was leaning toward a finding that ERISA preempted the Mississippi act but did not deem a decision on the matter necessary to adjudicate the case. Therefore, for the foregoing reasons, the Court rejects the Defendants Harrelson's suggestion that McCurtis should lead the Court to find that the Act should not be preempted.
Next, the Defendants Harrelson argue that, because ERISA does not define "survivorship" and the Act does, a survivorship requirement should be read into the Policy and reference an unpublished opinion from Washington State, Estate of Morgan v. Estate of Morgan, 2004 WL 500860 (Wash. Ct. App. Mar. 15, 2004). In Estate of Morgan, a husband and wife were murdered. Estate of Morgan, 2004 WL 500860, at *1. Although the initial death certificates ruled their deaths to have been simultaneous, the families of the husband and wife subsequently engaged in a protracted legal battle regarding which one had outlived the other in an attempt to collect the proceeds of the wife's employee stock ownership program ("ESOP"), which had named the husband as the primary beneficiary and the wife's family as the secondary beneficiaries. Id. at **1-2. The Estate of Morgan court ultimately found that the plan administrator had not erred in awarding the ESOP benefits to the wife's family members based on the simultaneous death certificates, due to an ERISA dictate that plan administrators' I decisions are not to be disturbed absent an abuse of discretion. Id. at **5-6. However, in so doing, the court did discuss the fact that the simultaneous death act in question would have required that a beneficiary survive a decedent by 120 hours in order to receive "non-probate assets with a governing instrument," and that, since the parties had died at most a few minutes apart and the ESOP was such an asset, the wife's family members would have been the proper beneficiaries of the proceeds under the act regardless. Id.
The Court acknowledges that Estate of Morgan presented a somewhat similar conflict to the one at issue in the instant matter. However, importantly, in Estate of Morgan, the court also suggested that reading a 120-hour survivorship requirement into the ESOP would not cause a conflict with ERISA because, unlike in Egelhoff, the state law would not "unilaterally bindl] the plan administrators to a particular choice of rules to determine beneficiaries ... [but] merely provide[] a needed definition for `simultaneous death' and specif[y] what would happen when a beneficiary failed to survive a participant of a benefit plan." Id. at *4 n.8. Therefore, reading a 120-hour survivorship requirement into the ESOP did not change the result, whereas here, application of the Act would change the result and bind the plan administrator. As a result, the Court finds that ERISA preemption is more appropriate in the case at bar than it would have been in Estate of Morgan and rejects the Defendants Harrelson's suggestion to the contrary.
Finally, the Defendants Harrelson argue that, because the Act does not conflict with the purpose of ERISA, the Court should incorporate North Carolina's 120-hour survivorship requirement into federal common law, once again because ERISA does not define "survivorship." Mem. in Opp'n at 10-13.
The Fourth Circuit has stated that "federal courts should fashion federal common law only when `necessary to effectuate the purposes of ERISA,' or because [ERISA] fails to address a certain issue." Jenkins v. Montgomery Indus., Inc., 77 F.3d 740, 743 (4th Cir. 1996) (quoting Singer v. Black & Decker Corp., 964 F.2d 1449, 1452 (4th Cir. 1992)). Although it is true that ERISA does not explicitly define "survivorship," the Defendants Harrelson have made no showing that incorporating the Act into federal common law would be necessary to further the purposes of ERISA. In addition, the fact that, as discussed above, incorporation of such a requirement would arguably frustrate the purposes of ERISA leads to Court to decline to create federal common law to accommodate the application of the Act in the manner suggested by the Defendants Harrelson.
In sum, the Court finds that ERISA preemption applies generally, that the Act should be preempted because its application leads to a result that conflicts with the ERISA directive of distributing benefits in accordance with the plan documents, and that the Defendants Harrelson's arguments to the contrary are without merit.
b. The Defendants Harrelson's argument that Harrelson is either the named beneficiary of the Policy or a member of the class "surviving children"
The Defendants Harrelson also argue that, even if the Act is preempted by ERISA, Harrelson is entitled to the proceeds of the Policy for two additional reasons: (1) he is the rightfully named beneficiary of the Policy; or (2) he is a member of the class "surviving children" under to the plan documents, and should receive the proceeds of the Policy before the class "siblings."
i. Harrelson as the rightfully named beneficiary of the Policy
The Defendants Harrelson argue that Harrelson is entitled to the proceeds of the Policy because he is the rightfully named beneficiary. Mem. in Opp'n at 13-18. The parties do not dispute that there is no explicitly named beneficiary in the Policy. However, prior to enrolling with Plaintiff, Decedent had been insured under a group life insurance policy provided by GE Group Life Assurance Company ("GE"), a company wholly separate from Plaintiff, and on October 29, 2002, Decedent had signed a change of beneficiary form that designated "Joyce DuBoise, wife" as the primary beneficiary and "Ricky Harrelson, son" as the contingent beneficiary of that policy. The Defendants Harrelson argue that because Decedent never named a beneficiary for the Policy and the earlier GE policy's change of beneficiary form was in the possession of his employer during the change in providers, the GE plan's designation of beneficiaries should control. Id. at 13.
At the outset, the Court notes that Defendants Harrelson have cited no case law in support of their proposition that Plaintiff was required to incorporate the GE change of beneficiary form into its contract with decedent or that this would have happened automatically and the Court has been unable to independently locate such authority. However, the North Carolina Supreme Court has held that the terms of separate contracts with different insurance companies have no effect on each other, Gaston County Dyeing Mach. Co. v. Northfield Ins. Co., 524 S.E.2d 558, 566 (N.C. 2000), and that "[o]ne may not assume that a new insurance contract of any kind will conform to the terms of a prior policy of the same type," Setzer v. Old Rep. Life Ins. Co., 126 S.E.2d 135, 140 (N.C. 1962). It appears to the Court that the GE change of beneficiary from was an addition to a separate contract with a different insurance company, the terms of which were not intended to have any bearing on the contract between Decedent and Plaintiff. Therefore, the Court finds that Harrelson is not the rightfully named beneficiary of the Policy because no beneficiary was ever chosen by Decedent, and the change of beneficiary form from 2002, executed with a separate insurance company, does not operate to alter that outcome.
ii. Harrelson as a member of the class "surviving children"
The Defendants Harrelson argue that Harrelson is a member of the class "surviving children" under the plan documents, and that therefore he should receive the proceeds of the Policy before the class "siblings." To that end, the Defendants Harrelson cite several sources of authority in support of a proposition that the word "children" should be interpreted to include stepchildren and that, therefore, Harrelson is a member of the class "surviving children." Mem. in Opp'n at 14-16. To the contrary, the Defendant Siblings cite to a long history of case law and statutes in support of their position that the ordinary meaning of the word "children" in North Carolina and its proper interpretation in this case should exclude stepchildren, and thus Harrelson. Mem. in Supp. at 5-9.
First, the Defendants Harrelson argue that the word "children" generally should be interpreted to include stepchildren. Mem. in Opp'n at 14. To the contrary, the Defendant Siblings argue that from the time of English common law, the word "children" has been defined as a parent's lineal descendants, and that North Carolina's statutory scheme has incorporated this definition without alteration. Therefore, because Harrelson was never adopted by Decedent and is not related to him by blood, the Defendant Siblings argue that he is not his "child" by law. Mem. in Supp. at 6-8.
North Carolina courts have not been silent on the issue of whether stepchildren are children under the law. For example, the North Carolina Court of Appeals has held that "[t]he relationship between stepparent and stepchild does not of itself confer any rights or impose any duties upon either party." Moyer v. Moyer, 471 S.E.2d 676, 678 (N.C. Ct. App. 1996) (holding that even an in loco parentis stepfather does not have a duty to continue support after the mother dies or is divorced). Similarly, the North Carolina Supreme Court has long held that when two parents die, their common children receive the whole of the mother's property and the children born unto the husband with another woman receive nothing, In re Wall's Will, 5 S.E.2d 837, 837 (N.C. 1939) (holding that "the 4 children of the husband were not of the blood of the testatrix"), and that in order for a stepchild to become a lineal descendant, adoption of that stepchild is required, In re Estate of Edwards, 343 S.E.2d 913, 919 (N.C. 1986) ("[Stepchildren] became lineal descendants of [the father] upon adoption because they became in law his children."). In addition, the North Carolina statutes controlling intestate succession have defined "lineal descendants" since 1960 as "all children of such person and successive generations of children of such children," N.C. Gen. Stat. § 29-2, and do not mention stepchildren at all, see N.C. Gen. Stat. §§ 29-1 to 29-30. Though there are certain North Carolina statutes in which stepchildren are considered to be in the same class as blood-related and adopted children,
Next, the Defendants Harrelson argue that a Dependent Insurance Rider ("the Rider") added to the Policy between Decedent and Plaintiff is the only place in the contract that defines the term "child" and that therefore it requires that Harrelson be included in the class "surviving children." Mem. in Opp'n at 15. To the contrary, the Defendant Siblings argue that the Rider does not cover Harrelson because he is an adult and was not dependent on Decedent for support at the time of the accident. Mem. in Supp. at 9.
The Court finds that the Rider covers a class that includes Decedent's own children, stepchildren, foster children, and any other who "depend[s] upon the Insured for support," and appears to have been included to insure dependents. See CompI. Ex. 1 at 33-36. Despite the fact that the question of whether Harrelson could have been included in the class of "children" in the Rider is a separate issue from whether he could be included in the class of "children" in the claim used in the Rider to the claim provisions and alter it to remove the requirement of dependence. The Court declines to accept such an invitation. Harrelson was 19 years old at the time of the accident, and was not dependent on Decedent for support. Therefore, although at one point Harrelson may have been covered by the Rider, it does not appear that he was a "child" under the Rider at the time of Decedent's death because he did not depend on Decedent for support. See Mem. in Supp. at 9 ("Defendant Harrelson does not argue that he even qualifies as a `Dependent'. . . [and] cannot because he is an adult over the age of 19 and was not dependent on the Decedent for support.") Accordingly, the Court finds the Defendants Harrelson's argument that the word should be interpreted more broadly to be without merit.
Next, the Defendants Harrelson argue that, because the Policy does not define how the word "children" should be used in the claim provisions, contract interpretation principles should be employed in order to deal with this ambiguous term. Mem. in Opp'n at 15-16. To the contrary, the Defendant Siblings argue that there is nothing in the contract that indicates that the word "children" in the claim provisions should be given anything other than its ordinary meaning. Mem. in Supp. at 9.
The Defendants Harrelson are correct to argue that contracting parties are generally free to define the terms of their agreement as they see fit. However, the Court finds that the level of ambiguity that must exist before employing the contract interpretation principles suggested by the Defendants Harrelson is not present in this case. As discussed previously, the traditional meaning of "children" in the context of inheritance excludes stepchildren, and applying the Defendants Harrelson's interpretation would require accepting that the parties intended a definition contrary to well-settled law and practice in a standard form contract. "Policies of insurance, like other contracts, must receive a reasonable interpretation, consonant with the apparent object and plain intent of the parties." Parker v. State Capital Life Ins. Co., 130 S.E.2d 36, 38 (N.C. 1963). To that end, Plaintiff had an opportunity to act in conformity with the interpretation of the claim provisions argued by the Defendants Harrelson by reading the Policy to include Harrelson in the class of "surviving children," and chose not to. The only evidence provided by the Defendants Harrelson which suggests a contrary intention on the part of Decedent and Plaintiff is the Rider, which the Court finds to not be controlling as previously discussed. Accordingly, the Court finds that the word is not ambiguous enough to utilize the clarifying principles of contract interpretation offered by the Defendants Harrelson.
Finally, the Defendants Harrelson cite a definition of "child" from Black's Law Dictionary to further their argument, namely: "The term `child' or `children' may include or apply to: adopted, after-born, ore [sic] illegitimate child; step-child; child by second or former marriage; issue." Mem. in Opp'n at 14 (citing Black's Law Dictionary, 5th ed. 1979). However, the Court notes that this definition appears to be from an expired edition of Black's Law Dictionary which does not contextualize the terms; in fact, the publication's definition of "children" was later changed.
In sum, given the consistent historical approach to the classification of stepchildren in North Carolina, the intent of the Rider, the principle that words in contracts should be given their ordinary meaning, and the behavior of Plaintiff, the Court finds that it would be unreasonable to interpret the term "children" to include Harrelson. Accordingly, the Court finds that Harrelson is not a member of the class "surviving children" under the plan documents, and that therefore he is not entitled to receive the proceeds of the Policy before the class "siblings" on that ground.
For all the foregoing reasons, the Court finds that no genuine issue of material fact exists and that the Defendant Siblings, as the moving parties, are entitled to judgment as a matter of law. Accordingly, the motion for summary judgment is GRANTED.
2. The Defendants Harrelson's motion to amend/correct answer
Pursuant to Federal Rule of Civil Procedure 15, with regard to motions to amend, "[i]n the absence of any apparent or declared reason-such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.-the leave sought should, as the rules require, be freely given.'" Foman v. Davis, 371 U.S. 178, 182 (1962); see also, Fed. R. Civ. P. 15(a)(2); Edwards v. City of Goldsboro, 178 F.3d 231, 242 (4th Cir. 1999). Here, the Defendants Harrelson filed a motion to amend/correct answer which sought to amend their answer to allege the affirmative defense of release. The Defendants Harrelson assert that, during discovery, they became aware of the existence of a "general RELEASE of all claims"
First, the Defendant Siblings argue that the motion to amend/correct answer is untimely and the result of inexcusable delay. Noting that the preliminary motions deadline was August 12, 2010, they also contend that the motion is untimely because the Defendants Harrelson possessed a copy of the Release from October 12, 2010 onward and failed to even mention the defense of release until February 3, 2011. Mem. in Opp'n to Mot. to Am. Answer at 4-5.
Next, the Defendant Siblings argue that allowing the motion to amend/correct answer at this juncture would be unduly prejudicial. To that end, they contend that the Defendants Harrelson's attempt to raise a completely new legal theory after discovery has closed and a motion for summary judgment has been fully briefed would require further discovery of the parties involved in the wrongful death claim to determine their intent in signing the Release and that, because the Defendants Harrelson have failed to file a memorandum in support as required by Local Rule 7.1 (d), it is impossible to know how they intend to legally support their position. I Id. at 5-6.
Next, the Defendant Siblings argue that the motion to amend/correct answer is interposed in bad faith and for purposes of delay. Citing the late stage of this litigation, counsel for the Defendants Harrelson's consistently late filings, and the fact that the Defendants Harrelson have failed to file a cross-motion for summary judgment, the Defendant Siblings contend that the motion to amend/correct answer was filed with dilatory intent. ld. at 6-7.
Finally, the Defendant Siblings argue that the proposed amended answer is futile. The Defendant Siblings contend that the death of Decedent gave rise to two distinct causes of action-the contract claim under the Policy at issue here and a wrongful death claim against the driver of the other vehicle, insured by a separate insurance company-and that the Release applies only to issues arising out of the wrongful death claim and would not include the completely separate contract claim regarding the Policy. ld. at 3, 7-10. More specifically, they argue that:
ld. at 3-4 (emphasis in original). They also note that, in quoting the Release, the Defendants Harrelson have omitted portions which clarify its intent, that the Release as a whole clearly indicates that it was intended to release only the other insurance company and the tortfeasors from liability, and that neither Plaintiff nor the Defendants Harrelson are mentioned in the Release. ld. at 8-10.
Undue delay "accompanied by futility or prejudice to the non-movant" is a sufficient reason for denial of a motion to amend a pleading. HealthSouth Rehabilitation Hasp. v. Am. Nat'l Red Cross, 101 F.3d 1005, 1010 (4th Cir. 1996). The Court finds that the Defendants Harrelson's motion to amend/correct answer is, at the very least, both the result of undue delay and futile. Therefore, the Court need not consider whether the motion is also unduly prejudicial and/or interposed in bad faith.
First, the Court finds that the motion to amend/correct answer is the result of undue delay. With regard to their motion's timeliness, the Defendants Harrelson have argued that their February 3, 2011 filing of the motion was less than 30 days after the close of formal discovery in the matter-during which they discovered the Release-as well as before the dispositive motions deadline of February 12, 2011. Furthermore, counsel for the Defendants Harrelson have cited "staffing problems" as a contributing factor to the delay in filing the motion. Mot. to Amend/Correct Answer at 1-2. However, the Court notes that the Defendant Siblings are correct that any type of motion to amend is not a dispositive motion. See, e.g., Stonecrest Partners, LLC v. Bank of Hampton Roads, No. 7:10-CV-00063-FL, 770 F.Supp.2d 778, 782-83, (E.D.N.C. 2011). Since the Defendants Harrelson have provided no sufficient explanation for the period of delay from either the August 12, 2010 preliminary motions deadline or the October 12, 2010 discovery of the existence of the alleged defense, beyond an unconvincing assertion of "staffing problems," the Court finds that the motion to amend/correct is untimely. See, e.g., Naden v. Saga Software, Inc., 2001 WL 672071, at *1 (4th Cir. June 15, 2001) (affirming district court's finding that a motion to amend filed four months after the scheduling order deadline was untimely).
In addition, the Court finds that the Defendants Harrelson's motion is without merit, and therefore futile. The Defendants Harrelson have cited absolutely no legal authority for their proposition that the Release applies to preclude the instant dispute concerning the Policy. Instead, they simply have asked the Court to believe that a release signed by individuals not party to this action,
For the foregoing reasons, the Court finds that the motion to amend/correct answer is the result of undue delay and futile, and therefore improper. Accordingly, the Defendants Harrelson's motion to amend/correct answer is
For the foregoing reasons, it is
Counsel for Defendants Linnie Bell Braswell, Dillon DuBoise, Orbie Lee DuBoise, Paul DuBoise, Kathryn Hinson, Kay Nealey, and Mary Stevens is further
Mot. to Amend/Correct Answer Ex. 1 at 5-6 [DE-57-1].


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B And D And S And M Lesbian ActionFavorites [+]
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Running Time: 41 minutes
Released: 11/2014
Studio Name: Hot Clits Video
Director: Carl Hubay
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How-To Videos
Patio and Driveway Paver Foundation Tips
By: Advertiser
When laying a paver patio, driveway, or walk, it's important to start with a good foundation of crush stone to prevent settling over time.
After the crushed stone base has been raked and leveled, use a mechanical plate compactor to compact the crushed stone to prevent any future settling.
Next, level a layer of sand on top of the crushed stone, then lay the pavers. Finally, sweep sand into the cracks between the pavers and run the compactor over the area again to make sure the sand fills the gaps between the pavers.
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Further Information
- Tips for Laying a Paver Patio (video)
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If you're creating an outdoor surface with pavers to improve your home, you want to do it right. That means starting with a solid foundation of crushed stone base material.
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We want to hear from you! In addition to posting comments on articles and videos, you can also send your comments and questions to us on our contact page or at (800) 946-4420. While we can't answer them all, we may use your question on our Today's Homeowner radio or TV show, or online at todayshomeowner.com.


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Ryan says that MySpace will soon announce audition cities in addition to the previously named Nashville, New Orleans, San Francisco and Jersey City.
Now it's back to the easy listening: the band named after Lee DeWyze's hometown, Chicago, with a medley of Does Anybody Really Know What Time It Is, If You Leave Me Now and 25 or 6 to 4. And Chicago makes Lee sound good -- or at least good by comparison. There's not much of the original Chicago lineup left -- and there's not much left in this lineup.
Matt Rogers is live at the Village Green in Mount Prospect -- and "it's the funnest, most rockin' town hall party I've ever been to in my life!"
Now, more Simon Cowell tributes -- this time, focusing on his flirtatious side. "Is Simon a flirt?" Paula asks. "Yeah. If you're a mirror. ... He never flirted with me."
Now comes the moment I've been waiting for all season -- the full production version of General Larry Platt's Pants on the Ground. He's an even better dancer than we imagined, and everything's going just fine till William Hung comes out.
Nashville-based Brian Mansfield began writing about music for USA TODAY in 1997 and took over Idol Chatter just before the start of Season 8. He co-authored Make Me a Star: Industry Insiders Reveal How to Make It in Music, and while he has never auditioned for American Idol, he did sing Boot Scootin' Boogie at Disney World's American Idol Experience the day the attraction opened (he lost). More about Brian | E-mail Brian


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- Ross Dress for Less18.Dec 2015
- Employee
Workplace Safety
Work /life balance does not really happen.
Unrealistic work load, do much more with much less resources.
Clicky environment at all levels.
Incredible turnover due to rate of pay for entery level hires and workload.
No true engagement/connection with all levels of the business.
To be successful and stay employeed, you will need to be able to change direction as the company changes, you need to commit to the job, and put the time in to learn the role. Your level of self sacrafice will be high, as that is the only way to make this work.
What I like about the company


text: coal The Little County Council Election That Could Mean Big Things For Coal Exports By Ashley Ahearn • Oct 17, 2013 There's a county council election taking place in the far Northwest corner of Washington state that could play a major role in the future of the U.S. coal industry. Whatcom County could one day be the home of the largest coal export facility on the west coast – which would transfer coal from trains onto ships bound for Asia. The Whatcom County council could cast the deciding votes in the permitting of the Gateway Pacific Terminal. That's put this election in the spotlight. Hundreds Turn Out For SW Wash. Coal Hearing By Cassandra Profita • Oct 10, 2013 Listen Listening... / 0:59 Around 800 people turned out for a coal export project hearing in Ridgefield, Washington Wednesday. Comments On Coal Trains Brings Out Hundreds In Spokane By Paige Browning • Sep 27, 2013 Listen Listening... / About 450 people turned out for the public hearing in Spokane last night on a proposed coal shipping facility in southwest Washington. It was the second of five statewide hearings hosted by the state Department of Ecology, Army Corps of Engineers, and Cowlitz County. Public's Turn To Speak On Longview Coal Export Plan Comes Amid Market Doubts By Cassandra Profita • Sep 17, 2013 Listen Listening... / A series of public hearings on the Millennium coal export project in Longview, Washington begin Tuesday. New rules in China and declining coal prices worldwide are raising questions about whether the project will pan out. Columbia River Coal Comments Most in DEQ History By Courtney Flatt • Aug 26, 2013 Chris McKenna / Wikimedia Commons Listen Listening... / 1:05 Oregon environmental regulators have been sifting through more than 16,000 comments about a proposed coal export terminal along the Columbia River. the public comment period recently closed. Governor Inslee Talks Clean Tech And Coal Exports By Ashley Ahearn • Aug 23, 2013 GovInslee Listen Listening... / 2:49 Governor Jay Inslee was in Arlington, Washington Wednesday to celebrate the opening of a new cleantech facility that will employ 70 people. Seattle Mayor McGinn Releases Coal Economic Study By Ashley Ahearn • Aug 21, 2013 Listen Listening... / The Mayor's office has released a report detailing the potential economic impacts of coal exports on Seattle. The report looked at how an increase in coal train traffic through the city would affect property values, roads, traffic and local businesses. Coal Terminal To Get Environmental Review By Ashley Ahearn • Jul 31, 2013 Listen Listening... / The largest coal export terminal proposed for the Northwest has moved one step further in the environmental review process. SW Washington Port Set For Crude Oil Vote By Cassandra Profita • Jul 19, 2013 Listen Listening... / 0:56 Commissioners with Southwest Washington's Port of Vancouver are scheduled to hold a workshop and a vote on a controversial oil terminal lease. Hundreds Turn Out For Hearing On Columbia River Coal Plan By Courtney Flatt • Jul 10, 2013 Cassandra Profita Coal opponents danced, waved banners and cheered Tuesday outside a Portland hearing about a proposed export terminal. It was a quieter scene inside the meetings in Eastern and Western Oregon, where officials heard hundreds of public comments. Pages« first ‹ previous 1 2 3 4 5 6 7 8 next › last »


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Home > Product Categories > Pro-Audio > Installed Sound > Volume Controls > SL33B
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|Message view
|« Date » · « Thread »
|« Date » · « Thread »
|Matteo Caprari <matteo.capr...@gmail.com>
|Re: best way to send a STOMP message on attachment upload?
|Thu, 12 Nov 2009 17:34:25 GMT
Hi Matt. Thanks for your answer. I'll have an erlang http client "subscribe" to the continuous changes feed and react as needed. The sequence number is a nice touch, it will be helpful to recover from crashes. -teo On Thu, Nov 12, 2009 at 4:04 PM, Matt Goodall <firstname.lastname@example.com> wrote: > 2009/11/12 Matteo Caprari <firstname.lastname@example.com>: >> Hi. >> >> i need to notify an erlang process each time a couchdb database is updated. >> Reading the docs I learned how to use [update_notification] to fire a >> script that sends that message. >> >> It's fine, but my feeling is that sending a message from couchdb >> would be faster than starting a new 'heavy' process each time. > > Actually, update_notification processes are not started each time. > They stay running and communicating with the CouchDB unless they are > either killed, exit or die ... in which case CouchDB starts it up > again. > > However, I would recommend looking at the _changes API. It lets you > decouple these sorts of processes from the CouchDB server, making it > much easier to manage, distribute and upgrade. See > http://wiki.apache.org/couchdb/HTTP_database_API#Changes for details, > specifically the 'longpoll' or 'continuous' feed. > > - Matt > >> >> I'd like to hear some comments. Thanks! >> -- >> :Matteo Caprari >> firstname.lastname@example.com >> > -- :Matteo Caprari email@example.com
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Hospice Volunteer
Cause Areas
WhenIt's flexible! We'll work with your schedule.
WherePrivate homes throughout the Chicago areaWest of Kedzie, East of Route 59, South of Golf RdNorth of 175th. Headquartered inOak Brook, IL 60523
Loyola Medicine Hospice provides quality care for individuals diagnosed with a life-limiting illness and helps families through this difficult time. Our interdisciplinary team of physicians, nurses, social workers, health aides, chaplains, counselors and trained volunteers works together to provide comfort and care for patients in their homes throughout the Chicago area, with a focus on quality of life.
If you're wondering if a volunteer position with Loyola Medicine Hospice is right for you, here are some of the common qualities our volunteers share:
* Emotional maturity and confidence
* A genuine desire to support patients with life-limiting illnesses and their families
* The ability to offer assurance and kindness, without judgment
* The ability to listen with sensitivity and respect
* A willingness to give an average of four hours per week
* Flexibility to adapt to the changes in the patient's/ familiy's needs
* Willingness to undergo a background check and complete training
We ask that those who have recently lost a loved one wait a year before becoming a hospice volunteer. You are welcome to participate in our bereavement programs during this time.
All volunteers must complete a 2-day training program. Our next scheduled volunteer training is Monday, July 31, and Wednesday, August 2.
If you are interested in attending these training sessions, please respond to this listing for more information. If you cannot attend these training sessions, training can be individualized to suit your schedule.
- People Skills
- Healthcare
- Elder care
- Hospice Care
- Relationship Building
Good Match For
People 55+
Requirements & Commitment
- Background Check
- Must be at least 18
- Orientation or Training
- Flexible. We'll work with your schedule.
- Background and reference check required. Flu vaccination and TB test.


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The International Festival of Glass returns to Stourbridge and will take place from Friday 25 to Monday 28 August 2017. We are busy planning an exciting mix of lectures, workshops, exhibitions, taster sessions and family activities, as well as fantastic food and drink across the individual festival sites.
Ruskin Glass Centre and Red House Glass Cone will be offering a variety of exhibitions, workshops and entertainment throughout the festival. Other locations within the Glass Quarter will be involved as and when details become available nearer the time. Visit www.ifg.org.uk for details.


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|5,500 sq. ft.
|Property type
|Minimum Stay
|7 nights
This is a great family house and wonderful place for entertaining. It has a large open and very sunny floor plan. With over 5500 sq. ft. of indoor living area the rooms are all pretty big so everyone has lots of space. We have decorated the house in light and bright colors so it has a very positive and optimistic feel. People who come to our house are generally on vacation so we believe that it's important that they feel relaxed and in a good mood when staying there. It is with that thought in mind that we decorated the house. We primarily have return visitors so people must like the place. We certainly do!
We totally renovated and redecorated the house three years ago and added an extra bedroom upstairs and turned an unused screen porch into a very nice office space off of the kitchen. There is a full size heated pool with surrounding deck right off of the living room, family room and master bedroom. The pool and patio area is a wonderful venue for entertaining and has outside stereo speakers to complement such. We spend a lot of time at the pool and have had more than our share of margaritas and cervezas on its patio while in residence. There is also a full sized gas grill on the pool patio and it gets a robust workout whenever we are visiting and, I suspect, when our guests are there as well. The fully equipped kitchen is quite large, bright and opens up into the family room. It has granite countertops, stainless steel appliances and a well lit separate breakfast area just off to the side.
We have large flat screen HDTV sets in the family room, living room, master bedroom and first floor office. They are all connected to Comcast. The system in the family room also has a surround sound home theater system. A number of movies are in the cabinet below the screen for you to use. But, you may also want to bring movies of your own to use as well as our selection is somewhat limited. The house also has a multi room stereo system if you care to use it.
The first floor has the main master bedroom and a guest bedroom. The second floor has a second and third master bedrooms and one other guest bedrooms with two twin beds. All of the bedrooms have their own baths. Four of the bedrooms have large walkin closets. The entire house is air-conditioned and it is on a three zone system so different temperature settings can be used to accommodate different desires amongst your group. There is a two car garage below the house but generally speaking everyone seems to just park overnight in the driveway as such is easier. There is a separate laundry room off of the kitchen and an elegant and welcoming entrance foyer.
We are located on the ninth fairway of the Jack Nicklaus Turtle Point golf course. As such, we are also a very easy walk to the Turtle Point Clubhouse which has a great Italian restaurant. It is only 300 yard from our back door.
Our home is a great place for families. Oftentimes, two families will share the house as it is quite spacious with several different rooms for people to hang out in. Our family really loves vacationing here. We suspect yours will too.
Keywords: Five bedroom, Private Pool, Heated Pool, Bright, Airy, beach, wifi, golf, Sleeps twelve, family, children, BBQ grill, patio, HDTVs, home theater system, tennis, Vanderhorst Plantation, two master bedrooms, high speed internet.
While we have owned our residence in Kiawah for twelve years we have been traveling to the Island for over twenty five years. We love the relaxed feel of the place and try and get there as often as possible during the spring and fall months. Our three daughters have always enjoyed their visits to Kiawah and frequently brought friends with them. As a family we played a lot of tennis and golf over the years in Kiawah but, perhaps our favorite thing to do has always been to hang out and relax by our pool. The girls are all now out on their own. Two live in NYC and one in Chicago. But, they always manage to get down once or twice a year either with us or increasingly, on their own. We also own places in Mexico and Scottsdale and while we like visiting them very much, Kiawah was our first vacation real estate investment and it is where we really built a lot of family memories. It is a tranquil and very special place. We all love our Kiawah home and if we were to retain only one vacation property Kiawah would be the winner hands down.
Brian Williams purchased this house in 2000
The natural beauty of the island, its magnificent beach and all of the great tennis and golf facilities. Kiawah has everything we love doing. And, fortunately, several of our friends have also purchased homes in Kiawah so we coordinate trips with them which makes things even nicer.
The pool. margaritas, four HDTVs, margaritas, wifi, margaritas, very nice front porch to sit on, margaritas, golf course views, margaritas, nice home office, margaritas, living room and separate family room, margaritas, high speed internet, margaritas, ESPN, margaritas, family time, margaritas, salt, lime.
My company hosted a retreat during the 2012 PGA Championship on Kiawah Island. Our guests had the pleasure of staying at Glen Eagle. From start to finish, the owner could not have been more helpful. He went out of his way to be accommodating--always quick to answer questions regarding the house or island access.
The house was beautiful--VERY clean and well maintained. I have stayed in many rental homes before and often felt the cleaning was lacking. However, everything at Glen Eagle was spotless. You could tell there was a pride in ownership not often seen in other rental properties. Plenty of room for everyone to have their own space. The pool was a wonderful way to relax after a long day on the course. The bed linens and bath towels were plentiful, and the kitchen well-stocked. The beds were some of the most comfortable I've slept in on vacation.
I would definitely recommend this house for anyone looking for a nice getaway on Kiawah. The house was the perfect place for our guests to enjoy all that Kiawah has to offer. I would love to return!
We had a multi-generation family trip and this house was perfect for us. It has three master bedrooms, lots of room and the pool was a big hit with everyone. We especially liked how bright and open the house was. There are lots of windows and the light just streams in. The house has lots of rooms so if people wanted to "get away" for awhile such was easily accommodated. We barbecued most nights on the pool deck and had a very relaxing time doing so. The owner was also very helpful in patiently answering our many questions and did so in a very responsive fashion. We have stayed in many VRBO properties over the years and this was definitely our best experience to date. We give it 5 thumbs 👍 up. A winner in all regards.
This beautiful, spacious, home was every thing we had hoped for. It was clean and well cared for. The owner was very responsive to any needs we had. 10 of us stayed for the week and we had plenty of room. I would highly recommend it!
We enjoyed this house greatly!! From the moment we walked in and found a beautiful and spacious home, we were delighted!! We were with 2 other couples and we all had our own suites. We had plenty of privacy yet enjoyed cooking together in the huge kitchen. The dining table in the kitchen was big enough for us all so we never used the dining room but that was even bigger. What I enjoyed most about the house was the swimming pool and the view of the golf course. The beach was close, just a short bike ride or walk. I would highly recommend this home to everyone!! This home is past the second gate. Both the living room and family room were large. The A/C worked wonderfully too!! My husband had been in contact with the owner and he was easily accessible and very helpful! We plan on making this an annual trip with our friends and agreed to rent this beautiful home again!!
Without hesitation, I can say that our stay in late August of 2015 was one of the most enjoyable family vacations we have ever had. We had two newborn babies and the space of the house let us relax and each room was extremely comfortable.
The owner extended us every courtesy including making recommendations on local attractions and dining options in Charleston. I cannot recommend this property enough! We are anxious to return sometime in the future.
Finding a home that is well suited for a multi-generation, extended family was a challenge until we found this wonderful home. After trying many beaches in and around SC, we finally settled on Kiawah for its relaxed, not overdeveloped, family oriented feel. This home fulfilled our criteria: 5 bedrooms, lots of living space, close to the beach, nice pool. We are looking forward to returning for our third summer vacation this coming 2016 season. The home is beautifully kept, well equipped and spacious. With children and adults of all ages, the house does an excellent job absorbing all of the noises that a large family can create; adding to the vacation feeling for all. Two different living areas make it perfect being together or being separate when you get a few different games going. With a dining table and a breakfast table, the entire family is able to eat dinner at a table, whether we split adults/children or decide on drawing straws. The kitchen is nicely stocked and enabled us to cook nightly. The short bike ride to the beach is easy for all ages. The house's exterior is nicely landscaped and makes you feel like you are at home. The pool is fantastic! It is nicely shaded as the day goes on which makes it an easy way to end a long day. Its location on the island is a long (45 minutes??) but very doable bike ride to Freshfields that we have taken with children as young as 10. The bike paths are easily accessible and are a scenic and safe option for all ages. An easy 15 minutes to Freshfields, 20 to Bohicket Marina and 45/50 to downtown Charleston, enable you to enjoy all the area has to offer if you choose to get in the car. The owner of the property is easy to communicate with and to work with. We can strongly recommend this property and will continue to enjoy our week each year.
|Rate Period
|Weekend Night
Jul 8 2017 - Sep 1 2017
7 night minimum stay
Sep 2 2017 - Oct 27 2017
7 night minimum stay
late fall
Oct 28 2017 - Nov 24 2017
7 night minimum stay
Nov 25 2017 - Dec 2 2017
7 night minimum stay
Dec 23 2017 - Dec 29 2017
7 night minimum stay
New Year's
Dec 30 2017 - Jan 6 2018
7 night minimum stay
|Refundable damage deposit
|Tax Rate


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Help with psychology degree(2 Posts)
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Trade-Offs and Opportunity Costs MP3
Based on the 'Ten Principles of Economics' this student-created video defines and provides examples for the principles of 'Trade-Offs' and 'Opportunity Costs.
The Tradeoff Between Fun and Wages: No Such Thing as a Free Lunch MP3
If you had to choose, would you rather be a sewer inspector spending your days underground or a lifeguard on the beach? Most would say that being a lifeguard ...
Maggie - 31 - THE INVITATION / TRICK OR TREAT / THE TRADE OFF MP3
When Nedley sends out fancy invitations to a dinner party, everyone assumes it's going to be a very formal affair. However, when they get to Nedley's, it turns out ...
For Better Or For Worse - Trade Off MP3
The second segment of the second episode of FBoFW. See my Channel for more For Better Or For Worse episodes. ForBetterOrForWorse1's Channel also has ...
Trade Off Concept in Economics MP3
Knowledge Varsity (www.KnowledgeVarsity.com) is sharing this video with the audience.
Matriz Trade Off MP3
Security Now 519: The Windows 10 Privacy Tradeoff MP3
StageFright update, a DNS vulerability in BIND, PagerDuty suffered a database breach, OSX has a somewhat worrisome 0-day in the wild, NoScript versus ...
Tradeoffs and Opportunity Costs MP3
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Trabalho de Economia sobre trade-off, inflação e desemprego. Saiba mais como tudo funciona!
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Big Data Hasn't Changed Everything
Technology has a long way to go in mapping the variables of human life.
The more I hear the term "big data," the more suspicious I become. Not in an Edward Snowden, the evil government's spying on us sort of way. If the curious of Fort Meade, Md., the National Security Agency's home, wish to poke through my electronic sock drawers for signs of terror, they are more than welcome. Happy to do my bit for national security.
No, the problem comes when the term becomes ubiquitous. It's one thing for the NSA's quants or scientists at the Large Hadron Collider or genome sequencers to talk...


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Let us know when your receive great advice so we can thank our lawyers and point others with similar questions in the right direction.Got it!
Do I go to Social Security to find out what I am entitled to through his Social Security? Will anything effect my disability amount? Where do I start to look for additional financial help with housing, medical, etc. We would like to keep the divorce out of courts, only true asset is our home. Where do I start first?
You can draw off his account as an ex-spouse if (1) you were married at least 10 years, (2) are at least 62 years of age, (3) remain unmarried after the divorce, (4) he is entitled to receive social security (regular or disability) and (5) you are not entitled to a higher amount on your own earnings history.
If you are receiving SSDIB, then nothing should affect your monthly disability amount.
For additional assistance, you can contact your local State Family Independence Agency (FIA) or Department of Human/Health Services (DHS).
Also see if you qualify for free legal aide as Ms. Kadetskaya has indicated.
You would definitely need the assistance and advice of a family law attorney.
they were all great answers, this one was most complete. Avvo is a very helpful site. Thank you.
You may qualify for free legal representation. Call the Legal Helpline in your state to get advice from a family law attorney.Ask a similar question
I would suggest going to local SS office first and find out your options. As far as reaching agreement, get a family law attorney who can help you with a settlement agreement.
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Combinatorial Markov chains on linear extensions
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We consider generalizations of Schützenberger's promotion operator on the set \(\mathcal{L}\) of linear extensions of a finite poset of size n. This gives rise to a strongly connected graph on \(\mathcal{L}\). By assigning weights to the edges of the graph in two different ways, we study two Markov chains, both of which are irreducible. The stationary state of one gives rise to the uniform distribution, whereas the weights of the stationary state of the other have a nice product formula. This generalizes results by Hendricks on the Tsetlin library, which corresponds to the case when the poset is the anti-chain and hence \(\mathcal{L}=S_{n}\) is the full symmetric group. We also provide explicit eigenvalues of the transition matrix in general when the poset is a rooted forest. This is shown by proving that the associated monoid is \(\mathcal {R}\)-trivial and then using Steinberg's extension of Brown's theory for Markov chains on left regular bands to \(\mathcal {R}\)-trivial monoids.


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No announcement yet.
Barefoot/minimalist running beginner tips
new posts
--Trish (Bork)
FOOD PORN BLOG! http://theprimaljunkfoodie.blogspot.com
Originally posted by smilingjustalittlebit View PostI've just moved to a house surrounded by 2500 acres of fields and forest. I've been thinking of barefoot running also but I guess the amount of deer shit and branches etc would make it a bad idea to go barefoot?
I wore my vibrams out really quickly in a year's time. Since they have gained numerous holes I have gone on 5 mile hikes down the sides of highways, through woods, and even parkouring barefooted. You'll adapt fairly quickly for normal movement kind of things but dont push your body. When your feet tell you to stop, and they will, just stop. Good luck
It would be nice if there were a simple "Do this... then do that" set of instructions for transitioning to barefoot, but there's not. And the reason is simple: individual differences.
I've now worked with thousands of people making the switch to barefoot (or to Invisible Shoes), and for every person who says "It took me a few months," there's another who said, "I went out barefoot and never looked back."
FWIW, in my experience, barefoot walking is no preparation for barefoot running. The way you use your muscles, ligaments and tendons when you run is so different that no amount of walking will eliminate the need to, well, start running, and start SLOWLY.
And even here, "slowly" mean different things to different people. First, it doesn't mean you have to run slowly or, rather, MOVE slowly. You'll want a nice, high cadence (165-180 steps per minute), even if you're not covering a lot of distance. In this case, "slowly" means, "go out for a few hundred yards, STOP, then see how you feel the next day." If you're sore, see if it's "I did too much" soreness, or "I did something wrong" soreness. Either way, wait until you can handle a few hundred yards comfortably... and then add another 100 on your next run. Repeat.
It's also funny that we say "don't overdo it" when the only way to know what "too much" is, is by doing too much. We've all been there and, hopefully, learned from it. I know that for me, the hardest lesson was learning to actually STOP when my body said I should stop but my brain said, "Ah... just a LITTLE bit more."
Also, keep in mind that almost all minimalist footwear is different enough from barefoot that it may slow your transition down, because you're not getting enough sensory feedback.
I know that could sound self-serving, since I sell Invisible Shoes, but if you check the comments on our FB page, for example, you'll see that I'm merely reporting my own experience and that of our customers.
Just wanted to mention that the latest issue of Running Times magazine has an article on preparing to go minimal. It shows 4 tests to assess the level of strength/flexibility that a person should have before going real minimal (so as not to get injured) and gives info on how to strengthen/stretch if your assessment shows you may not be ready yet. One of the most useful articles I've seen yet--they bypass the propaganda and focus on function. Might be worth checking out for anyone headed this direction.
Edited to add: Just got an email from the Runblogger site that you may also find interesting. http://www.runblogger.com/2012/03/un...8Runblogger%29Last edited by honeypig; 03-09-2012, 03:46 AM.
Hello All,
Sorry for jumping in as I usually just read the threads and don't comment much. I have some knowledge so I hope it helps
I have over a year of experience running in minimalist shoes, including a marathon.
If you are serious about going minimalist or barefoot I highly recommend visiting this website: Two Rivers Treads. It has many topics and will give you a true understanding of the mechanics behind barefoot or minimalist running.
I have met Dr Mark C. many times and he is one of the most down to earth guys I know. He taught me how to slowly transition to minimal running without causing injury. The most important thing to remember is transition slowy!! Most people dont and jump right into running 3+ miles in shoes they aren't used to, only to get injured within a few weeks and wonder why. Most people, like myself, are heal strikers so when making the swicth to minimalist or barefoot running you will have to reprogram your running gait to prevent injury.
hope this helps!
Originally posted by BarefootPuffin View PostMorning fellow grokstars,
I thought I'd share a post that I've recently written over at my blog about beginning barefoot running. With spring right around the corner, depending on your geographic location, and the advocation by mark to wear/use minimalist shoes and run barefoot, I thought I'd provide my opinion on the matter.
I've been running barefoot and occasionally minimalist for over a year now and I've learned a few things in regards to the transition. Let me know what you guys think.
Thanks for the time,
I just found your post after trying to walk on gravel yesterday. Man did that hurt! I was doing the toe walking thing, of course, only an idiot would drop a heel first on gravel. But at the end, I looked like an idiot trying to fly with my arms doing a kind of flapping in the air every time I took a step, as though parts of my body being at a higher elevation might make me lighter. lol
I'll keep trying but really wonder if this is ever going to happen for me. I will go flap some more today. ;D
Also, has anyone seen anything about arch recovery occurring? I'd be interested.
Kind regards,
A few weeks in. Running 2k solid with minimal calf discomfort at the end and NO knee pain anymore from running. That's very nice. I only do it 2 or 3 times per week so it's not like I run a whole lot... but definitely know that my calves were/are still.... no where near as strong as they should be if used appropriately on a daily basis, rather than being tied into 'foot corsets'. ;D
Here's my story for anyone else interested in just getting started:
The Sensitive Canadian: Barefoot: Can Fallen Arches Be Rehabilitated?
I was actually a wear tester for the original Nike Free WAY BACK in the day. I remember that the shoe was first promoted as something to wear outside of running, and wearing trainers during running. Gradually, we started wearing it for grass workouts or track sprints, and eventually for longer and longer runs, on the roads, etc. This evolution of the minimal shoe, I think, parallels a good way to make the switch from trainers to minimalist shoes. Start of wearing it outside of running, then on a forgiving surface or for short intervals, and gradually work it into your training. Going straight to minimal from a supportive trainer has the potential tobe problematic if for no reason other than you are drastically changing the amount of support your foot is getting.
I'm still a free loyalist, by the way, but I've got a pair of vibrams that I'm learning to wear. I do like them a lot. KSO's.Check out my new webpage: The Carnivore Runner
Friend me on "The Facebook"
Follow me on Twitter!
For customized training / nutritional plans for runners from a former athlete who has personal experience in dealing with severe food allergies, please email me at foxATtinybikeDOTnet. I am ISA certified as a personal trainer and have coached many runners at the recreational or young-competitor level to towards their goals! Most of all, I'd love to help you with yours.


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Practice Area: Family
Outcome: Father prevailed, reversing the decision of the Probate Court.
Description: Father sought review of the decision of the Probate Court No. 2, Dallas County (Texas), which dismissed appellant's petition for guardianship over the estate and person of appellant's disabled adult son and found that because the family district court had continuing jurisdiction over the case it lacked jurisdiction regarding the guardianship.


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The Editor Goes to Church
by Farrell Till
1996 / March-April
Re-posted here by permission from Farrell Till.
Thank you Mr. Till!
Yes, it's true. I confess. I recently went to church. A friend, who constantly reminds me that he is praying for me and seems supremely confident that someday I will see the error of my way, repent, and return to the fold, asked me to attend his church on the occasion of its special Friendship-Day Services. In a moment of weakness, pity, or something, I accepted the invitation, and the following Sunday found me sitting beside him in a pew. Except for the few times I have had debates scheduled as part of church services, this was my first time to "go to church" since September 1963 when, after preaching a sermon on the Navajo Reservation in Arizona, I decided that I could no longer endure the hypocrisy of preaching what I knew I didn't believe anymore. Well, this wasn't really my first time to go to church since then, but another occasion when I tried to go can't be counted. On a Sunday perhaps four or five years ago, I went to the local Church of Christ hoping to meet in person its preacher, whom I had been corresponding with. When he learned I was in the audience, he stood in the pulpit and announced that the services would not continue until I had left. So much for seeking and saving the lost.
At any rate, I recently went to church with my friend, and it was an experience worth telling about. The sermon was about friendship, a subject the preacher had no doubt selected to fit the occasion. It began with the reading of a text in 1 Samuel 18:1-5, which relates an incident in the friendship of David and Jonathan, the son of King Saul. The preacher elaborated on the depth of the friendship between David and Jonathan and related some of their experiences to illustrate what true friends are willing to do for each other.
Of course, it didn't take a genius to guess where the preacher was going with his sermon topic, so I reached for a hymnal, checked the index, then opened the book to "What a Friend We Have in Jesus," and showed it to my friend, who grinned weakly. Sure enough, the preacher eventually got around to assuring us that we have a friend in Jesus, whose friendship is greater than any we could ever expect to experience. How can we know this? Well, Jesus himself told us, "Greater love has no one than this, than to lay down one's life for his friends" (John 15:13). Jesus laid down his life for us, so what better friendship could we ask for? Of course, this part of the sermon was spiced with references to the pain and agony that Jesus suffered on the cross and the great love that God must have had for mankind to allow his only son to endure such an experience.
From a religious point of view, it was an impressive and emotional sermon, and there was even one "altar call" before the preacher had finished. I probably was the only person in the audience who wasn't impressed, and during a friendship luncheon following the services, the preacher sat with my friend and me, so I had the opportunity to talk to him and explain why I wasn't impressed.
I pointed out that the entire sermon had been based on anthropomorphic premises that assumed what is true of people must also be true of God. I used myself as an example and asked the preacher to imagine a scenario in which he is about to be executed by a despotic government. If in such a case, I went to the leader of this government and offered myself as a substitute for the preacher and my offer was accepted, one could truly say that my act would constitute a remarkable expression of friendship and love. "But what if I knew that I was eternal and omnipotent," I asked the preacher, "and that my death would be only a temporary thing and less than three days later, I would be restored to life never to die again. Wouldn't that take something away from the remarkableness of my gesture on your behalf?" Indeed, if I knew that I possessed eternalness and omnipotence, it would be rather despicable of me if I refused to offer myself as a substitute for a friend who was about to be executed. Even so, "Kill me instead" in such a scenario would not be a noble gesture at all; it would actually be sort of an obligation that the omnipotent one should feel duty bound to discharge. I suggested to the preacher that these are ideas that seem to escape gullible pulpit audiences, and I can't recall that he had any satisfactory response to make to my comments.
I was reminded of that sermon just the day before I sat down to write this article. On the way to K-Mart, I had remembered to check out the latest message on the yard sign of a church that always has some simplistic religious platitude posted. You have probably seen these yourselves, something like, "God Sent His Son to Man to Make Men God's Sons" or such like. That day the message was, "God's Xmas Gift to Men Was His Son." My first reaction to the message was surprise that it had taken Christ out of Christmas, and then it reminded me of the friendship sermon on the day I went to church. Here again was the idea that God's gift of his only begotten son to die for the sins of mankind was some supremely noble gesture, but I just can't buy the idea.
I have two sons, and I would never agree to offer either of them as a substitute for anyone under sentence of death. However, let's just suppose that I were an eternally omniscient and omnipotent entity, and so I would necessarily know that if I offered one of my sons as a substitute for someone else, his death would be only temporary and three days later he would be alive again nevermore to die. What would be the big deal about my gesture?
Let's further complicate this scenario by assuming that my son is a chip off the old block who possesses my same characteristics of eternalness, omniscience, and omnipotence. These characteristics would necessarily remove any reason for him to be concerned about my decision to offer him as a substitute in death for others. If he were truly omniscient, then he would know that he was also eternal and omnipotent. Therefore, he would know that his death would be merely temporary. He would also know that he was incapable of suffering any real harm, because omnipotence would not be subject to physical harm. This logical consequence of omnipotence, in fact, often makes me wonder how those who crucified Jesus managed to kill him. How could something eternal and omnipotent be killed even temporarily? I suppose the same inerrantists who tell us that in the nature of deities it is possible for 1+1+1 to equal one will now tell us something about Jesus's being "wholly God" and "wholly man," and so it was the "wholly man" part of him that the ordeal of the cross killed, as if it isn't ridiculously contradictory to talk about something being "wholly" one thing while simultaneously being "wholly" something else. When I hear such as this, I have to wonder if theologians ever study logic.
So just what is the big deal that theologians make about the "supreme" sacrifice that God made for man in offering up his son? In the scenario hypothesized above, there wouldn't be anything to write home about if I, as an eternal, omniscient, omnipotent person, should offer up one of my sons if he too possessed the same characteristics. So why get all teary-eyed and grovel in guilt and shame when we hear preachers wail about the supreme love that God showed for mankind in sending his son to die for the miserable creatures that we are?
At any rate, I went to church, and all that the experience did was confirm that I had made the right decision 32 years ago when I walked away from a belief system that couldn't be any more illogical if someone had deliberately tried to make it so. If Christians want to go to church and weep over their sins when they hear preachers wailing about an omniscient, omnipotent deity who for some inexplicable reason prayed feverishly in the Garden of Gethsemane (while sweating "as it were great drops of blood") to be spared the ordeal of something that wasn't going to hurt him all that much anyway (and if it hurt him at all, it was his own fault, because an omnipotent person could anesthetize himself to pain), that's their privilege. There is no law against superstitious ignorance. As for me, I have better things to do with my time.


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Home > Seminars > Still Smoking? Smoking Cessation Tips and Your Options for Lung Cancer Screening
The Baptist Cancer Center and Vanderbilt-Ingram Cancer Center invite you to a free educational seminar featuring two of our nationally recognized oncologists.
All seminars will be held at the Baptist Memorial Hospital - Memphis Education Center 6027 Walnut Grove Rd. Medical Plaza 2, First Floor (Classrooms BEC 3-5).
Complimentary parking is available.
Pre-registration is required. You may sign up here to receive notices of upcoming seminars with links to pre-registration pages.
Dr. Raymond Uyiosa Osarogiagbon is a graduate of the University of Ibadan, Nigeria, and completed his internship at University College Hospital, also in Ibadan. Dr. Osarogiagbon was a member of the Nigerian National Youth Service Corps before going to Texas Tech University Health Sciences Center in Amarillo, Texas to complete an internal medicine internship and residency, ultimately serving as chief resident and winning the "Outstanding Resident of the Year" award. His next stop was Minneapolis, where Dr. Osarogiagbon did a fellowship in hematology/oncology. His numerous accolades include being named to Memphis Magazine's "Top Doctors" list from 2008 to 2013 and receiving a "Louise Evans Bruce Award" from Texas Tech University for "continued and invaluable support of the mission and vision of the Texas Tech University Health Sciences Center at Amarillo Medical School."
He has served as Director of the Multidisciplinary Thoracic Oncology Program at Boston Baskin Cancer Foundation since September 2011. Previously, Dr. Osarogiagbon served as Director of the University of Tennessee Hematology/Medical Oncology Fellowship Training Program.
He is a Diplomat of the American Board of Internal Medicine, a Fellow of the American College of Physicians and a member of several other professional societies. In the summer of 2012, Dr. Osarogiagbon won a $3 million grant from the National Cancer Institute to study lung cancer treatment with an already proven testing process he helped developed here in Memphis.
Dr. Pierre Massion is Ingram Professor of Cancer Research, Professor of Medicine in the Division of Allergy, Pulmonary and Critical Care Medicine and Professor of Cancer Biology at Vanderbilt Medical Center. Dr. Massion was recently named Director of the Thoracic Oncology Program at Vanderbilt-Ingram Cancer Center.
His laboratory research focuses on the areas of airway cancer and pre-invasive cancer cell biology, the field of cancerization, biomarker development and validation for the early detection of lung cancer, and chemopreventive strategies for lung cancer. He is the director of an Early Detection Research Network (EDRN) Clinical Validation Center and the Principal Investigator of the Nashville Lung Cancer Screening Trial. He is the Chair of the Lung Cancer Cooperative group in the EDRN and the Chair of the Scientific Advisory Board of the largest non-profit lung cancer foundation LUNGevity. He is a contributing member to the National Comprehensive Cancer Network related Non-Small Cell Lung Cancer Guidelines committee. He is currently funded from the National Cancer Institute, the Department of Defense and the Department of Veterans Affairs in support of his research initiatives.
Dr. Massion is committed to pursuing innovative methods to deepen the knowledge of lung cancer development and early detection of lung cancer. He is interested in pre-invasive lung lesions and their predictive value for lung cancer development and, in particular, studies the in vivo model of lung tumorigenesis. He applies a series of genomic and proteomic new technologies to biological specimen including sputum, serum, and tissue biopsies to address questions related to the identification and validation of molecular determinants of disease progression, diagnosis and prognosis.
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American Benchmade Furniture Collection
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