text:
It started with a short message and ended up with a whole bunch of choices I never expected.
Not in my wildest dreams.
I've read what you had to say. Now it's my turn.
Stepping away from the mess. It's not so messy. It seems like it was planned.
This pantomime. Look at the cast of unusual, freakish characters. Look at them.
Boys and men, trans and women.
Young girls. Yes. They are here too.
So you wrote me a poem. No title… of course.
We were connected .
When it expires we are expired.
The order? It was a good idea. It was a great way to formalize the end of our association. I can only imagine that you feel much the same way I do.
I wish we had never met.
Don't you shudder whenever you think about it?
I understand why you needed to rewrite the narrative.
I took advantage of you?
You had far more to lose by telling the truth.
When assigning blame, I take full responsibility. I should have walked away.
Everyone I trusted advised me to do so. Everyone I trusted.
I didn't.
Instead, I pinned my hopes on you. I found your interest in me all at once baffling and inspiring.
A romantic relationship was impossible.
Because I am a broken, sick man. Incapable of intimacy.
You sold me:
A big fat lie.
Yet, we never talked about my lies. Yes, I lied to you about almost everything.
Lies I had held onto for a very long time.
This man is a liar. Just like me. Did you ever think that?
The last time I checked, and that was some time ago, you seemed very happy wearing your new clothes, your relationship, your job and your family.
I am delighted. You will make a much better job of being a gay than I ever could.
It seems to be an exciting time for a young gay man in the USA. Equality on the horizon, no AIDS.
Your ability to form and maintain relationships will mean that you'll have everything you always wanted. Everything you ever dreamed.
The questions I wanted to ask… I have no reason to ask.
The truth set you free and I am very proud of you… even though I have no desire to set eyes upon you ever again.
May 6th 2013
When did you have time to write that? Was it really meant for me?
Did you wonder if I should reply? Did you think I could?
There are no words left.
It's 3am.
The storm rattles the house, thunders down the drain pipes. Torrents of rain over the mountain. Hammering down onto the wide, new leaves.
Wide awake.
Make some toast and lime marmalade. Boil some eggs. Stand naked in the warm rain.
There is a week of mayhem to report. A week of extraordinary conduct. A week of moving back east.
Connecting with AA, meeting a man on the street whose face I never tire of.
I can't show you his face.
Only in NYC.
Then, I meet a woman who KNOWS all about my film. I mean, she knows the story like an urban myth. But it's not a myth. It's the sad truth.
"Oh, I know this story," she said. Her eyes sparkling with anticipation. "I think he's my friend on Facebook. Yes, look…" she pulls out her smart phone and there he is. I push the phone away. I shouldn't be looking at that.
"What was he thinking?" she roars with laughter.
Women love my film. It confirms everything they think they know about men. The injustice of men.
Dead five-year olds. 20 of them.
The children are shot dead by a crazed, entitled white boy. The little bodies buried this week. Lined up against the wall and executed. You know they didn't have a clue. You know they did as they were told.
I thought about the little dog facing the lethal injection.
A horrific pendant: ten Afghan children are splattered into the mud by a drone.
Somehow their little brown faces are missing from the media. Somehow the little white children in Connecticut are worth more.
This week has been all about mental illness and guns. The mild wet weather. The poem. The fiscal cliff. Obama. That's PRESIDENT Obama to you.
We asked you to vote for him, now he's letting us down all over again. Surprise, fucking surprise.
I saw a man being mugged on the 5 train. Into Manhattan, a stealthy, tall, nimble black man rips an iPhone 4s out of an asian man's hands leaving him with his ear phones on his head. The rest of us sat amazed.
The white people urged him to call the police but he said, "I'm already late for work."
I'm buying a parker. It's lined with blood-red shearling. Like the monkey they found in Ikea.
Dinner in the neighborhood, dinner at the Mercer Kitchen with Courtney, dinner at the Standard Grill with Brock.
Dinner with Cristina who I have not seen for 30 years on the floor of her palatial Upper East Side home. It was as if all those 30 years just melted away. That we were friends again from last week. Funny, compelling, brilliant, beautiful Cristina.
Dinner with new gay AA friends in cheap diners.
Dinner at Mary's Fish Camp with Benoit. We stop at Boxers (gay bar) on the way home. There's nothing for us. Benoit peels off leaving me on the street and as I wait for the green light a handsome green eyed man says hello.
At first I wonder why. Why is this stunningly handsome 27-year-old man saying hello to me.
Then we're in Barracuda kissing each other.
I'm wearing that huge fur hat.
I can't kiss him any more. I can't suck any more spit out of his mouth. I can't look into his green eyes.
I am so overwhelmed by him I walk through the rain until I am soaked to the skin. Wondering how it happens? Wondering how it ends up like this?
All the way home I'm humming Nature Boy to myself.
In the morning my room smells of damp fur.
In some weak attempt to meet someone I spoke to a prospective date yesterday. He sounded masculine, looks attractive, seems intelligent, good job, own house…blah blah blah.
After a short while I despaired. Why bother?
I am not going through what I went through last year. I refuse.
I hung up.
This is the legacy of hopelessness that I am left with after my time with Jake.
I am not going to have a relationship any time soon. If ever. I am not going to risk falling in love with and painfully out of love with anyone ever again.
"Into love, and out again, Thus I went, and thus I go. Spare your voice, and hold your pen — Well and bitterly I know. All the songs were ever sung, All the words were ever said; Could it be, when I was young, Some one dropped me on my head?"
I reread his final letter to me yesterday. I hadn't read it for some time. If I had received that letter now it might have meant something. It might have put to bed every miserable resentment that consumes my brain like so many flesh-eating maggots.
I want to believe that he was sorry but he lied so often and so deeply that I simply can't forgive him. I want to. I really do.
He just lied about everything. He trapped me and toyed with me and used me then at the crucial moment he tossed me aside. This doesn't get any better. Why? Why do I remember him? Why when every other man I ever loved can be stowed…do I remember him?
Perhaps because it was this time last year that we were in France enjoying/not enjoying out road trip. Walking on egg shells because he had said that we were not lovers. I scarcely touched him until he invited me to have sex. Because he was running the show I just bought the food and chauffeured him. I just served him when ever his ass itched for attention.
I imagine him in some chic Nantucket house with his new Daddy boyfriend. The same one he began seeing before we went to France? Telling him what to do. Demanding that he take it, suck it, open it.
I imagine him with that cute blond boy he liked. I imagine him. I imagine him living a full life because I helped him over the rubicon…where he left me. So I could never celebrate what came next.
Yes, he apologized for his cruel words. Yes. Did I believe his self-serving apology? His fake contrition? No I did not.
I am scarcely speaking to the twins. I have run out of fuel. Like a ghost in the house I tread carefully around them. Land mines in the carpet I am that close to triggering a tantrum.
Whenever I get close to anyone, when I feel myself tip toward feeling love in any of its many disguises…I stop. I run. I hide. I push them away. That is his legacy. I hope he is proud of himself.
Robby says, "I love you man." and I wince. Leave me alone Robby. No more love.
The book continues to be written. It's hard. Very hard. Prose is a bitch. I would rather kill gophers. I would rather walk around the garden tending the plants. I spend all day in the garden rescuing old-fashioned tomatoes from being savaged by critters. Consequently the garden looks amazing, like it never has before. I spend so much time tending it. Trimming. Weeding. Lopping.
The Chinese say: "If you would be happy for a week, take a wife. If you would be happy for a month, kill your pig. If you would be happy for a lifetime, plant a garden."
In the novel I get to contemplate murder but the only person in real life that I want to kill is myself. The twins will move out soon. Perhaps, just perhaps I will muster up the courage to finally do it rather than just write about it. I don't want to make a mess. I will have to take care of the dog first. So he isn't left alone. He will only pine for me.
I understand now how and why Issie Blow was so determined. When death calls your name. When is it time to make death your friend? I am running out of fuel, not just for the twins…but myself.
I had a lovely time today with you. You must have been twenty years old when I first met you. Now look at you. I like when you wear your jeans tighter. Cargo pants really don't suit you. I like when you read poetry to me. I like when you crack my fingers.
Help yourself. You can have whatever you want. Take what ever you want.
On my way back to the United Kingdom. Even though it is to deal with very bad situation at home. Includes a long journey so I can travel with the little dog: New York, Paris, Calais, Dover, Whitstable! One month before I leave-will arrive there May 30th. I am excited. I will stay there for three months-one of the many benefits of not having a career!
Anyway, a great deal to sort out. Nothing much to write or worry about today.
Will make film in London rather than LA.
I found a charming little video for you to watch.
London. I crave the capital of my Island jewel. I am too far now from cream teas, steak and oyster pie. Oh London and the Home Counties I miss you with all my aching heart.
I am tired of selfish boys. Tired of his jet-black hair. Tired of waiting. Tired of mistress censorship.
I want to see Amanda, Tim and banter; with Simon Finch and hold my nose in the air.
I want to stroll down Old Bond St in my red suede boots, visiting Patrick in Hanover Square.
I want to smoke cigarettes in West London with Katrina. Let me ride horses in Hyde Park with Martha; explore electrical hardware stores with Toby and Arthur. Clandestine giggles with Joe and Adam and Eve, cottage amusements with George.
The train to Bromley and Chatham through the Garden of Eden. Where the Thames meets the Medway and the Swale beyond.
I am tired of you because I don't trust you, but I know very well what it is to lie to some one you say that you love. To meet in some dark, wet guinnel, to feel your warm body under your navy blue coat. To feel your lips and always your lips.
Oh I miss you so much my darling hometown, and wish you invited me Whitstable style. Up on the downs overlooking the sea. Turbines, the horizon that chased me away. I have arrangements with banks to consider and beg that homeland security take me away so decisions are easier where no choice is to stay. Wholesale foreclosure, redistribution of wealth.
Take me. Take me away.
I am tired of selfish boys with raven black hair and myself in every one of them. Just you. I met just you.
Let me forget these people, struggling with prosperity and stemming the tide. Seeking solution and tanning the hide. Let me go home. Let me go home. The 12 step recovery clichés that keep me in purgatory with less time to go than one hundred years of perfect sobriety. Oh please send me home to smoky church halls and WI and no multi-malls. Remind me of jet beads stitched onto her bodice, of peplums and bagels and tottenham forest.
I am TIRED of you showing me men that are hot, hotter than me or you for that matter. I am tired of boasting to keep us alive, to stimulate interest and punish my precious child. I am naked before you my darling creator. This and more like it is all I can offer.
So take me away with you darling Ophelia on the Thames and the Medway and the Swale far beyond.


text:
Photographer's Note
The Templar Castle of Jerez de los Caballeros, is a walled enclosure of Arab origin, which was rebuilt by the Knights Templar.
Next to the castle is the Church of the incarnation built in the 16th century
The walled perimeter of Jerez de los Caballeros was built during the Arab period in the 15th and 16th centuries, has 1.5 km long, its construction is masonry and stonework, strengthened by defensive towers, keeps several portals, if inside is the Templar Castle of 13th century, which was renovated in the 16th century
Jerez de los Caballeros, is a town in the province of Badajoz in Spain. The historic center of the city was declared of historical and cultural interest, the origins of the city dating back to the Phoenicians, but other cultures such as the Visigoths, Romans and Arabs inhabited the site
Photo Information
- Copyright: Joao Correia (sogal) (1401)
- Genre: Places
- Medium: Color
- Date Taken: 2012-08-26
- Categories: Castles
- Camera: FujiFilm FinePix HS20 EXR, Fujinon 30X / 24-700 mm Eq. f.8-6.6, Hoya PRO1 Digital Circular PL
- Exposure: f/5.0, 1/600 seconds
- More Photo Info: view
- Photo Version: Original Version
- Date Submitted: 2013-01-28 1:33

subset: commoncrawl


text:
One of the most astonishing facts I've read in the last few weeks was about Bill Gates's charitable foundation and it was buried in the middle of one of Gideon Rachman's columns in the FT.
Apparently staff at the foundation not just expect, but actually want 19 out of 20 of their medical research projects to end in failure. They believe that if their failure rate is lower than 95%, they are not trying hard enough to produce brilliant inventions.
Rachman cites this as an example of the extraordinary optimism and ambition of the Silicon Valley IT entrepreneurs. Reading David Cameron's speech on innovation, it is clear that he would like to import some of this over here.
The speech is much more interesting than you would guess from reading the blurb at the top of the Conservative party website. Cameron argues that innovation often happens outside the public sector, rather than within the public sector, and the speech is about things a government can do to foster and develop creativity.
Cameron has spoken before about "the post-bureaucratic age" and, reading this, for the first time I think I know what he's on about. He's talking about the internet, open sourcing, user-generated content and what Charles Leadbeater calls in his new book "We Think (ie, collaborative policy-making).
Cameron seems to understand that all this is going to change the world profoundly.
"We accept the innovation requires a culture of risk-taking, of trial and error, of flexibility in thinking and often of collaborative effort," he says. He wants a Conservative government "to tackle the corrosive sense of risk-aversion which holds back innovation within our society".
It's at this point that the speech becomes unconvincing - not because Cameron is insincere, but because the Westminster political system that Cameron inhabits is pathologically (and perhaps fatally) risk-averse.
In an ideal world a prime minister, like the Gates Foundation, would be able to tell ministers that if they were not coming up with initiatives that failed, they were not being ambitious enough.
Of course, ministers frequently pilot programmes that have to be dropped because they do not work. But have you ever heard a minister actually boasting about this?
Another problem is money. As Rachman points out in his column, Gates does not seem to mind if he spends his own money on a project that tanks.
But if you're spending the taxpayers' money, a 95% failure rate is rather harder to justify.
And, finally, there is the problem that while innovation can be a force for good, it can also have malign consequences.
Cameron talks about the possible benefits to be derived from publishing vast amounts of government data and he speculates about social entrepreneurs using it to produce policy.
But what happens if Russian gangsters are logging on too?
Cameron has not taken many risks in his political career (and, given his standing in the polls, he's unlikely to start now). He may find it easier to explain innovation than to actually make it happen.


text:
Linebacker Scott Starr (6-3, 225, 4.62) from Norco, Calif., plays the game of football with the reckless abandon you like to see from his position. Wherever the football is, Starr shows up on the s...
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text:
Review: The Debt
Mossad vs Nazis - I spy a hit
The Debt is the most remarkable film of the year so far: an exciting espionage thriller, a love story and a provocative meditation on crime and punishment. A remake of Assaf Bernstein's 2007 Israeli film, Ha-Hov, it reveals John Madden, director of Shakespeare in Love and Mrs Brown, as a master of action and suspense.
Here, he is working with a terrific cast. Jessica Chastain, Sam Worthington and the excellent Hungarian actor Marton Csokas play young Mossad agents sent in 1966 to kidnap a Mengele-like Nazi doctor who is practising gynaecology in East Berlin. Helen Mirren, Tom Wilkinson and Ciaran Hinds play the three former agents in 1997, as a book comes out in Tel Aviv celebrating their now famous mission of 31 years before.
The film flashes back and forth between the two decades. The Mossad team, all three the children of Holocaust victims, were highly motivated and trained. But their quarry, superbly played by Jesper Christensen, was more dangerous than they realised. The viewer soon discovers the mission went awry and the three agents have kept their failure a secret. However, a report that the "surgeon of Birkenau" is alive in Ukraine threatens to expose them. Wilkinson's and Mirren's characters have no choice but to finish the dangerous business they began in their youth.
The film asks tricky questions about the problems of remaining civilised while pursuing justice and/or vengeance but, unlike so many British and European films, it takes evil seriously and avoids trite moral equivalences.
Nor does the moral questioning undermine the drama. The tension never flags, though the sequences set in the '60s are inevitably more gripping. The scenes in which Chastain's vulnerable Rachel has to submit to the gynaecologist's stirrups in order to identify and then trap the Nazi doctor are terrifying.
In general, The Debt is a remarkable feat of storytelling. Few recent films have incorporated flashbacks and flash-forwards with such skill.
Admittedly, it is difficult to buy the marvellous Ciaran Hinds as Sam Worthington at 62. On the other hand, both Mirren and Wilkinson are so wonderfully convincing as ex-agents - and ex-spouses - that suspension of disbelief is not a problem.
- Review: The Zookeeper's Wife
Review: The Zookeeper's Wife
- Review: Going in Style
Review: Going in Style
- Interview: 'Logan' director James Mangold
Interview: 'Logan' director James Mangold
- Miracle MS treatment developed in Israel
Miracle MS treatment developed in Israel
- The first Jewish Miss Germany?
The first Jewish Miss Germany?
- JFS inquiry into teacher's anti-Zionist comments
JFS inquiry into teacher's anti-Zionist comments
- JFS: school debates can be the best education
JFS: school debates can be the best education


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text:
A Christian romantic suspense novella set in 1685, England.
Fear has been Tara's constant companion since age nine when she witnessed her mother's murder. Tara's father moves his family to the ancient castle of Raven's Cliff, far from the ships that could carry her back to India and the answers she believes lie there. Andrew offers her friendship and guides her gently to the One who will give her peace. Will she find hope for something other than revenge?
©2013 Laura J. Marshall (P)2013 Laura J. Marshall
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text:
After Tropical Storm Irene tested the limits of Weston's town officials, the Weston Community Service Coalition started a neighborhood captain program to help coordinate the town's response to emergencies.
Under the program, Weston's 3,800 or so households are divided into neighborhoods of, ideally, approximately 20 houses each, with neighborhood captains acting as point people for them. Captains are responsible for gathering information from neighbors to give to town or other officials, and also for disseminating information in the other direction — from the town to a small group of neighbors.
Although more than 100 people are signed up to be captains, the coalition is looking for more, especially for streets that currently do not have representation.
Those who are interested in serving as a neighborhood captain may contact Dawn Egan at [email protected] for details.
Ms. Egan said the following streets do not have coverage at this time:
Alwyn, Arlen, Aspetuck Hill, Beaverbrook, Bittersweet, Bradley, Bridge, Brierbrook, Brookwood, Christopher Hill, Cindy, Codfish, Coley, Covenant, Curiosity, Deepwood, Forest, Glory, parts of Godfrey, Grays Farm, Hickory, Hidden Hill, High Meadow, Hill Crest, Hill Farm, Hillside, Indian Valley, Katydid, Kramer, Laurel Lake East, Laurel Lake West, Ledgewood, Lilac, Little Fox, Lords Highway, Lords Highway East, Mountain View, Narrow Brook, Nordholm, North, November Trail, Oak, Oakwood, Old Field, Old Kings Highway, Old Rock, Osborn Farm, Overbrook, Pent, Pheasant Hill, Pilgrim, Riverfield, Rogues Ridge, Saugatuck River, Saw Mill, September Lane, Smith Farm, Soundview Farm, Spring Valley, Spruce Hill, Sunset, Tannery Lane North, Tannery Lane South, Timber Mill, Trails End, Walker, Wampum Hill, Wildwood, Wilson, and Woods End.


text:
What's the buzz from the world of sports? Here are some items that will have people talking:
If the downfall of a coach from another town can benefit a coach from your town, wouldn't you try to get that benefit?
That's what an attorney for the city of Grambling, La. is doing.
City attorney Pamela Breedlove has asked the NCAA infractions committee to vacate some of Joe Paterno's record 409 Division I victories.
Now why would Grambling, La., care about what's happening at Penn State?
Well it's because Grambling is the home of Grambling State University. Coach Eddie Robinson led Grambling to 408 victories during his career with the Tigers, a total that was passed by Paterno less than two weeks before he was fired as the Jerry Sandusky child sex abuse scandal broke.
Here's an interesting kicker: Breedlove said she did not have an opinion about how many victories should be vacated.
We are guessing she might be fine with at least two.
Apparently all the Mariners need is a chip on their shoulder.
That's according to former Mariner Jay Buhner.
Tuesday on Seattle radio show "Brock and Salk," Buhner made a variety of comments ranging from "I'd vomit," when asked about a contract extension for Ichiro, to "Wedgie (manager Eric Wedge) can't keep growing the beard, growing the mustache, shaving it off, that's not the answer," about veteran leadership in the clubhouse.
Buhner joked that he expected a call from the Mariners wondering about the "chip" he's carrying on his shoulder towards the team.
"That's what you need," Buhner said. "You need some people in there with a chip on their shoulder. Some people in there that are proud to wear the Seattle Mariners uniform. And I'm not seeing that as much anymore. Guys that are going in, heart breaking up. I mean, just play with an attitude, man, that's what I want to see. Guys that are enjoying what they're doing, playing with an attitude and getting better. Just get better. Show me some signs."
The withdrawal from the Olympic tennis tournament by Rafael Nadal has brought up the discussion if tennis should even be in the Olympics.
Pro tennis happens on a weekly basis all over the globe, some will argue, therefore we don't need it in the Olympics.
Perhaps that's exactly why tennis should be in the Olympics. It's a global sport and many follow.
Sure, this tournament may have lost some luster with the defending gold medal champ out, but there's still a Grand Slam left to play.
For more Talking Points, follow us on Twitter at www.twitter.com/talkpoints360


text:
Hi all,
our yearly lads away ride is going to be the penine bridleway this year. We have Friday to Monday but this needs to include getting to/from Kent (although we might get away with a Thursday evening departure.
Any recommendations for sections to do in that time - we like the 'journey' aspect, but realise we probably can't do the whole thing - we're a bit leisurely these days...and like to stay in pubs!
any thoughts?


text:
About the Book
About the Book
The Prodigal Son: A Carmine Delmonico Novel
Holloman, Connecticut, 1969. A lethal toxin, extracted from the blowfish, is stolen from a laboratory at Chubb University. It kills within minutes and leaves no trace behind, and worried biochemist Dr. Millie Hunter reports the theft at once to her father, Medical Examiner Dr. Patrick O'Donnell.
Patrick's cousin Captain Carmine Delmonico is therefore quick off the mark when the bodies start to mount up. A sudden death at a dinner party followed by another at a gala black-tie event seem at first to be linked only by the poison and the presence of Dr. Jim Hunter, a scientist on the brink of greatness and husband to Millie. A black man married to a white woman, Dr. Jim has faced scandal and prejudice for most of his life, so what would cause him to risk it all now? Is he being framed for murder --- and if so, by whom? Carmine and his detectives must follow the trail through the university town's crowd of eccentrics, no matter how close to home it may lead.
The Prodigal Son: A Carmine Delmonico Novel
- Publication Date: October 29, 2013
- Genres: Fiction, Historical Fiction, Historical Mystery, Mystery
- Paperback: 320 pages
- Publisher: Simon & Schuster


text:
June 22, 2004
v No. 247752
Lapeer Circuit Court
LC No. 01-029652-CP
Before: Murphy, P.J., and Jansen and Cooper, JJ.
Plaintiff appeals as of right a circuit court order granting summary disposition in favor of
defendant. We reverse.
Plaintiff purchased a new truck from defendant manufacturer. As consideration for a
discount on the vehicle purchase, plaintiff signed an agreement to abide by certain purchase
program rules, including one that required binding arbitration as the exclusive means for
resolving any warranty dispute. Plaintiff asserted that he had several problems with the vehicle
that defendant was unable to repair. Plaintiff then filed this suit alleging violations of the
Magnusson-Moss Warranty Act (MMWA), 15 USC 2301 et seq., the Michigan Consumer
Protection Act, (MCPA), MCL 445.901 et seq., and Michigan?s motor vehicle lemon law, MCL
257.1401 et seq. Defendant denied all of plaintiff?s claims and raised several affirmative
defenses, including that the action should be dismissed because plaintiff had agreed to binding
arbitration. The trial court held that a provision in plaintiff?s purchase agreement that required
the parties to arbitrate all warranty claims was enforceable under the MMWA and that defendant
had not waived its right to demand arbitration.
Plaintiff argues that the trial court erred when it failed to address whether the MMWA
prohibits binding arbitration agreements within written warranties. We review de novo a trial
court?s ruling on a summary disposition motion to determine if the moving party was entitled to
judgment as a matter of law. DeCaminada v Coopers & Lybrand, LLP, 232 Mich App 492, 496;
591 NW2d 364, 366 (1998).
At the time this case began, the enforceability of a binding arbitration clause in a
consumer contract or warranty under the MMWA had not been addressed by a Michigan
appellate court. Shortly after plaintiff filed this appeal, however, this Court decided Abela v
General Motors Corp, 257 Mich App 513; 669 NW2d 271 (2003), aff?d 469 Mich 603; 677
NW2d 325 (2004). In Abela, this Court held that valid binding arbitration agreements within
written warranties do not violate the consumer protections of the MMWA and that the Federal
Arbitration Act (FAA), 9 USC 1 et seq., preempts any state statute or law that invalidates
agreements to submit warranty-related claims to binding arbitration.
The Abela plaintiffs had purchased a vehicle through a General Motors employee
discount program. A provision in the program required binding arbitration of all warranty
claims, with no recourse to a lawsuit. The issue in Abela was ?whether the agreement between
plaintiffs and defendant to submit any warranty claims to binding arbitration must be enforced.?
Abela, supra, 257 Mich App at 515. The plaintiffs argued that, under both the MMWA and the
Michigan lemon law, the binding arbitration agreement was unenforceable. The defendant
claimed that the FAA was controlling on the issue of arbitration and required enforcement of the
The Abela panel reached its conclusion by relying on Walton v Rose Mobile Homes LLC,
298 F3d 470, 478 (CA 5, 2002), and Davis v Southern Energy Homes, Inc, 305 F3d 1268, 1272
(CA 11, 2002), which held that the MMWA permits the enforcement of binding arbitration
agreements within written warranties. Abela, supra, 257 Mich App at 521-523. The Court
found that it was bound by Walton and Davis, stating that ?[w]here there is no conflict among the
circuits of the federal court of appeals on a question of federal law, we are bound by the
authoritative holdings of the federal circuit courts on federal questions.? Id. at 523 (citation
omitted). Our Supreme Court affirmed this Court?s decision in Abela, but it did so because it
found Walton and Davis to be substantively persuasive, and the Court ruled that ?federal courts
of appeals decisions are not binding? on Michigan courts. Abela, supra, 469 Mich at 607.
The facts in this case are identical to those in Abela, and the issue of the validity of a
binding arbitration agreement under the MMWA is also precisely the one ruled on in Abela.
Accordingly, there was no error with respect to this issue. The record, however, clearly
establishes that defendant effectively waived its right to arbitrate plaintiff?s warranty claims. We
review de novo whether the relevant circumstances establish a waiver of arbitration, and we
review for clear error the court?s factual determinations concerning the circumstances of the
waiver. Madison Dist Public Schools v Myers, 247 Mich App 583, 588; 637 NW2d 526 (2001).
Waiver of a contractual right to arbitrate is disfavored. Salesin v State Farm Fire & Cas
Co, 229 Mich App 346, 356; 581 NW2d 781 (1998). A party arguing that a waiver occurred
bears a heavy burden of proof. Id. Nevertheless, the right to compel arbitration may be waived
in certain circumstances, with each case to be decided on its particular facts. Madison, supra at
589 (citation omitted).
A party arguing that there has been a waiver of the right to arbitrate must show that the
party waiving the right: (1) knew that the right existed; (2) engaged in conduct inconsistent with
the right to arbitrate; and, (3) prejudiced the party opposing arbitration by his acts. Kauffman v
The Chicago Corp, 187 Mich App 284, 292; 466 NW2d 726 (1991).
Defendant admits it knew of the agreement to arbitrate all warranty claims, but argues
that despite engaging in litigation for eighteen months, it did not waive its right to arbitrate the
claim because it immediately asserted its right to arbitrate as an affirmative defense. An
affirmative defense, such as ?the existence of an agreement to arbitrate,? must be stated in a
party?s responsive pleading or in a motion for summary disposition made before the filing of a
responsive pleading, or the defense is waived. MCR 2.111(F)(3); Madison, supra at 596;
Citizens Ins Co of America v Juno Lighting, Inc, 247 Mich App 236, 241; 635 NW2d 379
(2001); see also Joba Const Co, Inc v Monroe Co Drain Comm?r, 150 Mich App 173, 179; 388
NW2d 251 (1986)(noting that plaintiff waived arbitration in part because he failed to raise
arbitration as a defense to a counterclaim filed by defendant); Kauffman, supra at 292
(emphasizing that defendant?s first responsive pleading was a motion to compel arbitration and
that defendant raised arbitration as an affirmative defense). However, raising the issue of
arbitration early in the judicial proceedings does not guarantee that subsequent acts will not
constitute a waiver.
This Court has generally found waiver where extensive discovery has occurred prior to
the assertion of the right to arbitrate. For example, in Madison, supra at 596-597, this Court
listed acts, including exchange of exhibit and witness lists, filing requests for admission,
engaging in mediation, filing motions and briefs, and participation in witness depositions, as
being inconsistent with an intent to arbitrate. Pursuing discovery is also considered inconsistent
with arbitration, given that discovery is not usually available in arbitration. Joba Constr Co,
supra at 179, citing SCA Services, Inc v General Mill Supply Co, 129 Mich App 224, 231; 341
NW2d 480 (1983).
Other acts in furtherance of litigation have also been found to be inconsistent with the
intent to arbitrate:
?[A] defendant has been held to have waived the right to arbitration of the
dispute involved . . . by filing an answer containing a counterclaim against the
plaintiff without demanding arbitration or by filing a counterclaim which was
considered inconsistent with a previous demand for arbitration, . . . or by taking
various other steps, including . . . filing a motion for summary judgment[.]?
[Hendrickson v Moghissi, 158 Mich App 290, 300; 404 NW2d 728 (1987),
quoting anno: Defendant?s participation in action as waiver of right to arbitration
of dispute involved therein, 98 ALR3d 767, § 2, pp 771-772.] In this case, the record shows that defendant filed a counterclaim for fraud, filed and
defended motions, deposed plaintiff?s witnesses, and performed a general inspection on
plaintiff?s vehicle. By the time defendant filed its motion to compel arbitration, discovery had
been closed for over six months and the parties were ready for trial.
The facts surrounding the arbitration waiver in this case are similar to those in North
West Michigan Const, Inc v Stroud, 185 Mich App 649; 462 NW2d 804 (1990). In Stroud, the
defendants raised the issue of arbitration in their affirmative defenses and in a pretrial statement.
It was not until eight months after the answer and affirmative defenses were filed that the
defendants filed a motion to dismiss on grounds that the plaintiff had agreed to arbitrate. The
trial court made the following observations:
?After the initial pleadings neither party took any action to invoke the
arbitration provisions. Both parties have actively participated in the litigation
through discovery, pretrial and mediation. . . . With the passage of time, the
Defendant?s [sic] active participation in the litigation and the Defendant?s [sic] failure to seek enforcement of the arbitration provision, the Court finds there has
been a waiver of that contractual right.? [Id. at 651 (?sics? in original).] The Stroud panel concluded that the trial court did not err in finding that the defendants
had waived arbitration. Id. at 652.
As in Stroud, defendant here took no action beyond asserting its right to arbitrate as an
affirmative defense in its responsive pleading. Defendant then proceeded to extensively engage
in the judicial process in a manner inconsistent with any intent to arbitrate. Pretrial conferences
were held, discovery was conducted, and case evaluation ? mediation proceeded, all without an
indication by defendant that it planned on relying on the arbitration agreement. Further,
defendant?s argument that it was justified in waiting to assert its right to compel arbitration
because there was uncertainty about the enforceability of the arbitration agreement is without
merit. Defendant cites no authority that demonstrates that legal uncertainty is justification for an
eighteen-month delay in asserting this right. Moreover, at the time defendant moved to dismiss
predicated on the arbitration agreement, the Abela decision had not yet been issued, nor had the
Walton and Davis opinions been issued. Therefore, it is unreasonable for defendant to argue that
it delayed seeking arbitration and dismissal until there was certainty in the law, where the law
remained equally uncertain when it actually filed for dismissal.1 Defendant could have and
should have filed a motion for summary disposition early in the action when the law was just as
speculative. Even where the law was uncertain, defendant was obligated to seek enforcement of
the arbitration agreement in timely fashion if not merely to preserve the issue of arbitration and
have the record reflect a desire to actually pursue arbitration as opposed to waiving it. Simply
raising the matter in the affirmative defenses, without further pursuit, was insufficient. See
Stroud, supra. It is common practice for a defendant to raise numerous affirmative defenses and
yet not rely on all of those defenses later in the judicial proceedings. Defendant?s argument that
it did not wish to waste the trial court?s time in hearing a timely motion to compel arbitration and
motion for dismissal begs the response that it was a greater waste of judicial resources and time
by extensively litigating the case for approximately eighteen months.
The third prong of the waiver test is whether the acts of the party asserting its right to
arbitrate prejudiced the party claiming that arbitration was waived. In Madison, supra at 599-
600, this Court determined that, where the arbitration-seeking party forces the opposing party to
1 We also note that at the time this action was commenced, there existed case law issued by
federal district courts and state courts on both sides of the issue, and defendant certainly could
have argued to the trial court that the opinions finding that the MMWA did not preclude binding
arbitration agreements were persuasive. See Abela, supra at 523-524 n 5. This negates
defendant?s assertion that the FTC?s position contrary to enforcing binding arbitration
agreements tied defendant?s hands on the matter. Moreover, a review of defendant?s motion for
summary disposition reveals reliance on favorable Alabama and Georgia appellate court
decisions that had been issued in 2000; the complaint here was filed on December 8, 2000, and
thus those cases could have been cited early on.
expend significant time and resources in protracted litigation, the opposing party ?certainly
would endure unfair prejudice were he forced to submit to [a] long-delayed demand for
arbitration.? The Madison panel reasoned that by finding waiver in the case, Michigan?s strong
public policy in favor of arbitration was effectively reinforced:
Plaintiff?s decision to litigate this matter aggressively for over 1 ½ years
before resorting to arbitration plainly defeats the purpose of arbitration, which is
?the final disposition of differences between parties in a faster, less expensive,
more expeditious manner than is available in ordinary courtroom proceedings.?
* * *
Plaintiff?s conduct . . . reflects a clear disregard for concerns of expedient
dispute resolution and conservation of judicial resources. [Id. at 600, quoting
Joba, supra at 179-180.] This reasoning applies to the instant case as well. Defendant did not file a motion to
compel arbitration until virtually the eve of the trial, after plaintiff had expended considerable
time and resources to resolve his warranty claims against defendant in the circuit court.
The record clearly shows that defendant knew about its right to arbitrate plaintiff?s
warranty claim, but nevertheless engaged in extensive litigation. These circumstances indicate
that defendant waived its right to arbitrate. Therefore, we conclude that the trial court erred in
granting defendant?s motions to compel arbitration and for summary disposition.
Reversed and remanded for proceedings consistent with this opinion. We do not retain
/s/ William B. Murphy
/s/ Kathleen Jansen
/s/ Jessica R. Cooper


text:
So Novak Djokovic is human. Superhuman, that is. The world No. 1 dropped his first set of this U.S. Open, but still managed to steamroll Russian Mikhail Youzhny 6-3, 6-2, 3-6, 6-0 Thursday night at Arthur Ashe Stadium to cruise into Sunday's semifinals.
"They were not easy conditions, the same for me and for Mikhail," said Djokovic, who made his 14th straight Grand Slam semi, a stretch that dates back 3 ½ years. "He's a great competitor, fighter, and in windy conditions he can be dangerous for anybody.I played well, and credit to him coming back in the third set.
"Well, definitely I'm always trying to play my best in the Grand Slams. The U.S. Open, especially at night, is the biggest stadium in the sport. The atmosphere was very electric, and the crowd gets into it and I was enjoying the match very much.''
Djokovic hasn't lost at a Grand Slam to a player not named Rafael Nadal, Andy Murray or Roger Federer since 2010, and when Stanislas Wawrinka upset Murray Thursday in straight sets, the path to the final got easier.
Djokovic has played Wawrinka 14 times, and after losing two of the first three as a teenager, Djokovic has won the last 11 against the ninth-seeded Swiss with the one-handed backhand.
"I had a tough hardcourt season coming into the U.S. Open," Djokovic said. "I lost few tough matches against Nadal and [John] Isner. I'm working on my game. It's the most important tournament in this part of the year, definitely.
"It's going to be a very competitive match for both of us. It's no very clear favorite. He showed why he's top ten in the world.''


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It's fun to be a delinquent teen until you get punished!!
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It's fun to be a delinquent teen until you get punished!!
Ivana is a foreign exchange student that is not familiar with the area. She wanders into Nat's back yard and he teaches her a "stiff black" lesson.
Britney is a curious young slut that wants to know what happens in a frat house. She finds out very quickly when a black rod is pounding her mouth.
Arial gets caught sneaking out of class taking a smoke break. Time to put up or shut up. She gives up her sweet young pussy in exchange for silence.
Katt gets caught trespassing in her neighbors house. The penalty, a black anaconda in her mouth and pussy.
Tiffany is all attitude. This sexy red head has a big mouth and needs a fat dick in it to teach her some respect. Mr. Marcus tries to tame this teen.
Product Information
- Length: 1 hrs. 51 mins.
- Rating: XXX
- Released: Apr 16 2012
- Production Year: 2012
- Empire SKU: 1608710
- Studio: West Coast Productions
- Number of Discs: 1
- UPC Code: 801369555602
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Actions Target Senior Members of the Largest Syndicate
within the Japanese Yakuza Criminal Network
WASHINGTON – The U.S. Department of the Treasury today took
action against four senior members of the Yamaguchi-gumi, the largest and most
prominent Japanese Yakuza syndicate. Tadashi Irie, Hirofumi Hashimoto, Toshio
Masaki, and Shoroku Ishida were designated pursuant to Executive Order (E.O.)
13581, which targets significant transnational criminal organizations (TCOs) and
their supporters. These efforts are
designed to protect the U.S. financial system from the malign influence of
transnational criminal organizations and expose the individuals who are
supporting or acting on behalf of the Yakuza.
action builds upon our efforts to undermine the financial stability of the
Yakuza and disrupt their transnational drug-trafficking and money laundering
efforts," said Under Secretary for Terrorism and Financial Intelligence David
S. Cohen. "We will continue to target and
expose members of criminal organizations like these as we work to protect the
U.S. financial system from their illicit activity."
Obama identified the Yakuza as a significant TCO in the Annex to E.O. 13581
(Blocking Property of Transnational Criminal Organizations) on July 24, 2011,
and charged the Treasury Department with pursuing additional sanctions against
its members and supporters to undermine and interdict their global criminal
operations. In order to conduct their
criminal activities, the Yakuza maintain a global criminal network of
affiliates in Asia, Europe, and the Americas.
In the U.S., the Yakuza have been involved in drug trafficking and money
laundering. To date, the Treasury
Department has designated ten Yakuza members along with the top three largest
Yakuza groups, the Yamaguchi-gumi, Sumiyoshi-kai, and the Inagawa-kai.
Yamaguchi-gumi is involved in criminal endeavors in Japan and abroad, including
drug trafficking, human trafficking, extortion, prostitution, fraud and money
laundering, and Treasury is targeting its members today for acting for or on
behalf of the Yakuza.
Irie is the third-in-command of the Yamaguchi-gumi, following Godfather Kenichi
Shinoda and Deputy Godfather Kiyoshi Takayama, whom Treasury designated on
February 23, 2012. Irie is a salient figure in the Yamaguchi-gumi known for
playing a key role in the syndicate's management alongside Takayama during the
incarceration of the clan's Godfather between 2005 and 2011. With Takayama
being sentenced to six years in prison in March 2013, Irie is expected to once
again assume greater responsibility for the syndicate. Irie also serves as
President of a large subsidiary gang of the Yamaguchi-gumi called the
Hashimoto is the fourth-in-command of the Yamaguchi-gumi, serving in the
position of Supervisory Commission Chief. Hashimoto also heads the
Kyokushin-Rengo-kai, a subsidiary gang of the Yamaguchi-gumi and is known for
his financial acumen.
Masaki is the regional leader of Yamaguchi-gumi clans in the Chūbu region in
central Japan and oversees approximately 6,780 Yamaguchi-gumi members. Masaki
also serves as President of the Masaki-gumi, a subsidiary gang of the
Ishida holds the position of Advisor in the Yamaguchi-gumi and serves as
President of the Shoyu-kai, a subsidiary gang of the Yamaguchi-gumi based in
Northern Osaka.
a result of today's designation, any assets these individuals may have under
U.S. jurisdiction are frozen, and U.S. persons are generally prohibited from
doing business with them.
For a chart relating to today's actions click here.
Identifying Information
Individual: IRIE, Tadashi
DOB: December 9, 1944
POB: Uwajima, Ehime, Japan
Individual: HASHIMOTO, Hirofumi
AKA: KYO, Hirofumi
AKA: KANG, Hong-Mun
of Birth: January 8, 1947
Individual: MASAKI, Toshio
AKA: PARK, Nyon-Nam
DOB: January 13, 1947
Individual: ISHIDA, Shoroku
AKA: PARK, Tae-joon
AKA: BOKU, Taishun
AKA: PAK, Tae-Chun
DOB: October 30, 1932
Treasury Secretary Jacob J. Lew delivered remarks on currency redesign at the National Archives Thursday, June 18, 2015. Secretary Lew's remarks expanded on his decision to redesign the $10 note.
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Here are the wedding reception photos from Kelly and Nate's wedding at Maggiano's Little Italy!
Tall centerpiece of black magic roses, mango calla lilies, cream mini calla lilies, cream asiatic lilies, and jamestory orchids:
Kelly wanted to surprise her father by having an Elvis impersonator at their wedding. Her father is a HUGE fan and it was also his birthday. For most of the night, he was observing and enjoying his daughter's wedding but when our Elvis arrived, he began to completely loosen up and it was so much fun to see!
Wedding cake with fresh red roses and a hint of Las Vegas. Red Velvet & White Cake with Pear Brandy flavors.
The happy couple enjoying their destination Las Vegas wedding on the Las Vegas Strip:
The wedding team:
Wedding Planning and Coordination: Green Orchid Events
Ceremony Venue: Primrose Court at Wynn Las Vegas Wedding Salons
Reception Venue: Maggiano's Little Italy
Ceremony Music: Piano by Cynthia Harris of Classical Entertainment
Ceremony Floral and Bouquets: Wynn Las Vegas
Reception Linen: Courtney Smith of CCS Designer Events
Reception Floral Designer: Enchanted Florist
Hair/Makeup: Lori White
Photography: Images by Ingrid
DJ: Knight Sounds
Elvis Impersonator: Harry Shahoian
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It's been nearly four months since the untimely and surprising passing of music icon Davy Jones. While many have begun to move on, some are still feeling the affects of his absence. One of them is his former bandmate and friend, Micky Dolenz.
The former Monkee spoke with CBS-FM's Ron Parker today to discuss the loss of Jones as he begins to move forward with other ventures, like his tour with The Turtles and a possible return to Broadway.
CBS-FM's loyal listeners remember Dolenz not just as a member of the Monkees, but for his time as morning show host on their favorite station on the radio dial. Dolenz woke up every morning with the people in the tri-state area for 100 shows from January through July of 2005 before the station's unpopular flip to Jack-FM. Dolenz remembers fondly his time in the city's most coveted time slot.
"I miss it. I had a great time and look back so fondly," says Dolenz. "People don't know how difficult it is, to do what we do."
CBS-FM would make its triumphant return in July of 2007, and though Dan Taylor returned to his morning show duties, Dolenz would appear on the air waves as host for his long awaited 101st show on February 3, 2008.
Dolenz has many fond memories of his former friend and bandmate Davy Jones, whom passed in February of a severe heart attack due to atherosclerosis. Jones' untimely passing still resonates with the former Monkee today.
"We're still all kind of reeling from it a little bit," says Dolenz. "I was in shock, I still am. I'm still dedicating part of the show to his memory."
CBS-FM Listeners Vote: Top 5 Songs by The Monkees
But like many who mourn the loss of someone close to them, Dolenz must return to normalcy. For him that means getting on the road and performing. This summer and fall Micky will be on tour with The Turtles once again as a part of their Happy Together Tour.
"I did it a couple years ago and had a great time," says Dolenz. "It's a great show. Two and a half hours of nothing but top ten hits." Joining The Turtles and Dolenz will be Gary Puckett, The Grass Roots and The Buckinghams.
Looking farther down the road, Dolenz is looking to return to a venture he enjoyed in the recent past; musical theater. Before last year's tour with the Monkees, Dolenz was in the West End of London performing in Hairspary.
"People have called my agents about going back to Broadway and also to London in the West End to do a show over there."
Listen to Ron Parker's entire interview with Micky Dolenz:
Check out Micky Dolenz when he comes to the tri-state area on the Happy Together Tour, which you can check out below:
06.20 | New Brunswick NJ | State Theater
06.21 | Tarrytown NY | Music Hall
06.23 | Westbury NY | NYCB Theater
07.28 | Asbury Park NJ | Paramount Theater
More from Micky Dolenz on WCBSFM.com!
Latest from WCBSFM.com >


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Demand Our Legislators to Stop Parental Alienation and Emotional Abuse
When emotional abuse exists, one parent is routinely and systematically pushed out of their children's lives by the opposite parent, and usually with our system supporting it. These parents have been stripped of their parental rights, their financial resources, and their dignity. Courts rely on investigations that are often incomplete to help one parent push the other parent out of their children's lives. Children need both their parents and their relationships should be protected.
Please sign the petition to let our legislators know that we are serious about stopping parental alienation and emotional abuse, and we expect them to take action to stop it.
I would like to inform you that our system is tearing families apart. Parental alienation and emotional abuse on children is a real problem; however, it is often routinely and systematically ignored.
Doctors, lawyers and therapists work in professions that are insufficiently supervised. Even though these are supposed to be in "caring" professions, they are able to ignore abuse, disregard information, do incomplete investigations, and pass personal opinions off as professional as they please without sufficient oversight. Many professionals are conscious of these issues; however, those who are not cause a tremendous amount of damage to families. The only recourse to remedy unprofessional conduct is a complaint, which, if the professional is found guilty, only serves to punish the professional, but does nothing to fix the problem that they created. These professionals are harming the very people they say they are trying to help; the children.
My husband has been fully committed to his children since their birth. He has been forced to fight to keep his children in his life against the wishes and relentless deceitful actions of his ex-spouse. He has been repeatedly accused of physical abuse, which has been investigated and found to be untrue. His ex-spouse's emotional abuse and alienation has never been properly investigated or followed up on by the proper investigative bodies, even after other professionals reported having seen it in action. This abuse has torn our family apart, and our system has been supporting it by failing to appropriately intervene during the process. Despite his ex-spouse's actions, my husband still supports her custodial privileges and seeks amicable joint custody settlements, as this is what is best for the children involved.
It took the collapse of Enron to hold the accounting profession accountable for their actions. Now it is time to hold the legal and medical professions to the same standard, and stop allowing them to participate and assist one parent to push the other out of their children's lives.
Parents nationwide have fallen victim to having their children ripped away from them due to these issues. As our elected officials, we expect that you will act to stop this form of abuse.
Thank you!
Stephanie Jayne started this petition with a single signature, and now has 233 supporters. Start a petition today to change something you care about.
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October 30, 2013
COLUMBIA EWES visit the spring at Imperial Stock Ranch. Their wool is being used to fashion sweaters that will be worn by American athletes in the Parade of Nations during opening ceremonies at the 2014 Winter Olympic Games.
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Social promotion has been a popular target for politicians for many years. Certainly no one likes the idea that children are being promoted to the next grade without having mastered the material to earn that move. Unfortunately, this does occur and often with disastrous results. Frustrated that they can't catch up, students may eventually decide to drop out of school.
Sensing an easy place to earn points with the public and appear serious about improving our schools, politicians condemn the use of social promotion, blame it for all our education ills and call for its end. That sounds good, but it's not that easy. Social promotion is a much more complex problem than it appears. And ending it will require complex solutions.
It can be difficult to determine whether or not a child has mastered the material at one grade level and is ready for the next. Standardized testing can help, but even this doesn't give a complete picture. What about the child who knows the information, but just doesn't perform well on tests? Does this student deserve to be held back?
The timing and frequency of testing can also be a big factor. A test given early in the year may indicate where a student is struggling and allow time to remedy the problem before a move to the next grade. However, if tests are given early in the year, then schools are obliged to test again at the end. Every time another test is given, it takes away from classroom time where students are actually learning new information. So, a balance is necessary.
In the cases where a school decides that a child isn't ready for the next grade, it often has to fight with parents. So any plan aimed at ending social promotion has to include an mechanism for parents to contest a school's decision to hold their child back.
With all these complexities, it's no wonder that most politicians never get further than calling for an end to social promotion. Rarely, if ever, do you hear an elected official suggest how it can successfully be stopped.
In the past, Gov. Roy Barnes has not shown any fear when it comes to tackling tough issues. Always looking for a challenge, Barnes jumped on the ''End Social Promotion'' bandwagon Thursday. Unlike most politicians, however, Barnes' call to action included a road map for how he believes the goal can be achieved.
During his State of the State address to the General Assembly Thursday, Barnes called for ending social promotion in every area of the state within five years. He said the legislature laid the groundwork for meeting this goal last year when it passed a first round of school reforms -- such as smaller class sizes, grade-level assessment tests and school accountability. Now it is time to take the next step.
Barnes said the state school board needs to develop general promotion policies for the entire state. Testing policies should also be established that give students time to address any problem areas and then take the test again before the end of the school year. According to Barnes, local school systems should also develop their own individual criteria for grade promotion and create an appeals process for parents who don't believe their child should repeat a grade. If a child is held back, Barnes said extra programs need to be available to make sure that a student learns the second time around.
Like everyone else, we oppose the practice of social promotion. Our children must be given the message that attending school is about learning and not just moving up the grade ladder. Unfortunately, solving this problem takes more than just calling for its end. There must be a concrete plan for how to accurately measure student achievement and how to help struggling students before the only option left is to repeat a grade. We are pleased to see Barnes do more than just complain about the problem and actually suggest a solution. We look forward to seeing more specifics about his plan on a state and local level.
© 2017. All Rights Reserved. | Contact Us


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Businesses often buy laptops for their employees, especially when they travel. However, to save time and money the employees are also required to use the laptops when they are in the office. Laptops are not very comfortable to use when at a desk because they sit low on the desk and the keyboards are small. To fix that you need a laptop stand with an external keyboard and mouse.
- Smooth one-step lift and tilt
- Create a productive dual-display configuration
- Includes premium plug-and-play wireless keyboard and mouse
- Get the comfort of a full desktop computer system without sacrificing your notebook portability
Being able to adjust the stand is very important for comfort and ease of use. This laptop stand can be moved up and down very easily and without any trouble. There is also a tension screw that will help it stay in place when you get it to the correct height.
One of the best things about a laptop stand is that you can put it next to a monitor and then raise it up to the same level as the monitor so it acts like a second screen. This is great for your neck because you don't have to move your head as much.
The inclusion of a wireless keyboard and mouse eliminates the need to use the cramped keyboard that is built into the laptop. Not only is it small, but if you have it up on the stand it is not in a good position for your hands.
The notebook stand has a very simple design. The top of the stand is very simple, mostly it is flat with a few holes for air circulation. The lower end of the top has an adjustable rest for support of laptops that are larger. The whole top also tilts for optimal flexibility.
The arm that comes out of the top has hinges at the top and bottom. This allows it to move up and down while still keeping the top in the same position. This is useful if you want to adjust it to match up with an external monitor or just with your eye level. There is a screw at the bottom of the arm that adjusts the tension of the arm. This is so it will stay at the height you choose.
The base of the notebook stand is also important. The base of this stand has a Y shape which provides great stability without taking up a lot of space. The bottom of the two front legs have wheels which allow it to be swiveled for easy adjustments.
The Notebook stand works as promised. The stand easily supports the weight of my laptop, and if you have a bigger one then you can easily adjust the tension screw and give it more strength. The stand moves up and down, and the head tilts with ease. Getting it to stay at a particular height is as easy as tightening the tension screw and then lowering or raising the stand. Because the screw had previously been tightened, the stand will stay where you put it.
The keyboard and mouse also also function as they should. The wireless is nice because all you have to do is plug in the wireless USB plug and you are connected. The keyboard and mouse are not the highest quality that I have ever seen, but they do the job and will get you through the day.
The notebook stand comes with a three year warranty, this covers only the stand. The wireless keyboard and mouse are made by a different company, so they are covered by a different warranty. This warranty for the keyboard and mouse is a limited lifetime warranty.
I really like this notebook stand — especially since it comes with a keyboard and mouse. It is really an all-in-one package for laptop users. If you have a laptop and you are tired of the small keyboard and not having it at eye level, then you really need to get one of these.
|JusTech'n editors' rating


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A source told Josh Norris of the Trentonian that the Nationals were working on a "big" trade a couple of weeks ago that could have potentially involved one of their starting pitchers and Yankees infielder Eduardo Nunez.
The deal that would have also involved left handed prospect Nik Turley (No. 17) and a Charleston outfielder is speculated to have been in exchange for Edwin Jackson. That's based on the idea that the Nationals wouldn't trade any of their big three starters, Stephen Strasburg, Jordan Zimmermann, and Gio Gonzalez, and there wouldn't be any other starters involved where the deal would be considered "big." Again, it's just speculation, but it makes sense.
The deal isn't dead, but nothing is pending. Norris' source told him that it could be revisited before the July 31st deadline.
Jackson, 28, is currently playing on a one-year $11 million contract. In 10 starts this season he has a 3.17 ERA, a 7.3 K/9, a 2.1 BB/9, and a career high 3.53 K/BB ratio.


text:
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J&P Part: 710-298
Fitment Note: For use with most aftermarket solo seats. Mounting points are 7.5" center to center.This must be confirmed prior to ordering.
This product was proudly made in the USA
Finish: Chrome
Length: 11″
Manufacturer Part Number: MWL-210-04
Material: Steel
OEM Reference: DS-490045 or (OEM 59768-97)
Product Color: Chrome
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Width: 6″
This product fits a variety of motorcycles. Please select yours so we can find the right part and guarantee fitment. Select A Motorcycle
Fitment Note: For use with most aftermarket solo seats. Mounting points are 7.5" center to center.This must be confirmed prior to ordering.
|Sportster 1200 50th Anniversary XL50 : 2007
|Sportster 1200 Custom XL1200C : 2005–2010, 2012, 2014
|Sportster 1200 Custom XL1200CA : 2014
|Sportster 1200 Custom XL1200CB : 2014
|Sportster 1200 Custom XL1200CP : 2012, 2014
|Sportster 1200 Forty-Eight XL1200X : 2011–2012, 2014
|Sportster 1200 Low XL1200L : 2007–2011
|Sportster 1200 Nightster XL1200N : 2009–2012
|Sportster 1200 Roadster XL1200R : 2004–2009
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|Sportster 883 SuperLow XL883L : 2011–2014
|Sportster XR1200 : 2009
great product, easy to install
This Solo Luggage Rack, by Motherwell, is the real deal! Solid, easy-to-install, and show-bike quality. Best of all, its made in the U.S.A.!!!
Ordering was simple and received product on time. Installed in no time at all. A high quality product that will enhance the look of any bike. And it is American made!
fits nicely on my 2009 Softail Fat Boy FLSTF
Great quality - looks fantastic on my bike
good quality good price just good !
Great item at a great price.
fits nicely on my 97 FLSTS. The curve of the rack follows the lines of the rear fender.
This rack was very easy to install with no problems, everything lined up just right. Nice added touch to my bike.
I have this rack on my 1997 Heritage Springer. For J&P Cycles information, this item also fits my 2015 Heritage Softail Classic.
Stylish yet not very functional (luggage wants to slide off, even with lots of bungies)
I have not had a chance to use it yet. To much snow & ice on the roads to ride on two wheels . But it looks good & well made .Thanks Woody
Looks great, works great, simple to install!
This is a solid little chrome luggage rack. NOT hollow. Styling is flawless, and workmanship is excellent. Worth the 100+ bucks. Recommend.
Change the way the bike look
Top quaility fit & finish. Very nice. A winner! TKs.
I keep my bike solo as a general rule and this rack looks great and is very handy, works well with a bungee cargo net
Made in America. This is a well made, functional and beautiful luggage rack that works seamlessly on my 2001 Sportster. Bravo!
New luggage rack looks fantastic on my 1996 883 Sportster Hugger! Adds a touch of class.
Nice product.
Fit great, nice chrome.
Works perfectly with the Mustang Wide Tripper Brown Solo Seat on my Read Road King. Lots of compliments!!
Beautiful product for my 2004 FLHRC. Fits and functions perfectly.
good success with my order, it fit just right.
Nice part fits no problem.
Easy to install fit good and look's great
Select Your Motorcycle
Call Us 24/7 1-800-318-4823


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The Library
Browse by Funders
|Up a level
Group by: Item Type | Author | No Grouping
Jump to: Journal Article
Number of items: 1.
Journal Article
Li, Xiaojuan, Lin, Cheng, Han, L. (Liang), Costello, Catherine E. and O'Connor, Peter B.. (2010) Charge remote fragmentation in electron capture and electron transfer dissociation. Journal of The American Society for Mass Spectrometry, Vol.21 (No.4). pp. 646-656. ISSN 1044-0305


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Please bear with us, the website is currently undergoing maintenance but we expect to be back online shortly. Thank you for your patience.
The indescribable sound, the gorgeous lines, the perfect weight-to-power distribution – this front-engined, 4.5 litre, V8 is a modern classic that lives up to all expectations. It's simply superb around our world-famous F1 track. Get behind the wheel, learn the racing line, then unleash the power and push the V8 Vantage to the limit.
Morning sessions (08:30 & 09:40) are available from £179.00.
Sessions from 11:00 onwards, are available from £199.00.
Want to give this as a gift? Download a gift certificate here, or purchase a driving experience gift box by adding postage to your order, contains: presentation box and driving experience information booklet.
£179.00Book Experience Buy Voucher
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6-Speed Manual
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text: Yes. When you create an HTML campaign, a text version will automatically be included. When you have finished creating your campaign, you will be prompted to review both the text and HTML version of your campaign. Here you can modify the text version that will be sent along with your HTML version.


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how do you achieve NM status
USCF also has a Life Master title. There are two ways to get it. The old way is/was to have 300 games played where you started and completed a tournament at or above 2200. I was around 295 games completed when I stopped playing tournaments in 1996. Once a Life Master, your published rating will never go below 2200. Now, I notice I have the CM title because I did enough above 2000 to qualify for it. not quite certain what's needed for the new LM title, but I should at least be able to get the old LM title if I ever return to OTB play. Just need about 5 games and even if I drop the first try, I should be able to go back up sooner or later.
its still 300 games aww-rats which is quite an achievement. they had for a short time the Life master norm thing that was totally absurd. requiring 3 2200 performances in 5 round events. So some experts figured out they can create small hand picked events with 1900 ish players and gain their norms with a perfect score. It might be hard to do this in an open event but if you play the same people you can nail them down opening wise and create 5 or 6 events and bam theres your rating floor and NM title . you also didnt have to complete the event either just get the 2200 performance.
I would hope you get your LM title I feel that 300 games at the 2200 level is a serious achievement.
ya i just know some "masters" that make a living off telling everyone they are Masters that were infact perma-experts. I find the ethics a bit shady when the tournaments to achieve the norms were handpicked players and so obviously made for one purpose. Clever use of the rules but its easy to see why they discontinued it.
As far as the paper goes its just like any paper or achievement even diplomas are just paper.
saw you played a Young Shirazi in a rapid event,... ouch. that guy was amazing at fast time controls. Watched him and then FM Cy Lakdawala go at it in San diego in the late 80's brutal.
#24hushpuckena wrote:aww-rats wrote:
USCF also has a Life Master title. There are two ways to get it.
The LM title and a dime won't even get you that phone call any more-when I got mine in 1986, USCF sent on a certificate. Yawn. Then it was on to the next game. Maybe one day I'll bother to send chess.com's admins my FIDE number so that I can get the coloured banner too, but I couldn't care less.
USCF discontinued that silly norm-based system long ago, so the only way home will be to play 300 games at master level.
Send it on to them. I got a complmentary Diamond when I sent proof and made a coaching page.
yeah if I ever get a title (GM is my goal even if I acheive it when I am 80, which would be cool[hopefuly not some honorary BS either, real deal or nothing]) the first thing I would do is send in my FIDE number and get the complimentary membership.
#26hushpuckena wrote:
That was a tough event-lost to two IMs (Rind was the other) and drew with Manik, after letting him out in a won ending. I figured Dzindzhi was odds-on to win that but he somehow lost to Manik. Dzin was a terror in quick play; I remember playing him at Harvard in the late 1980s and he'd lazily play his moves as though he had five hours instead of five minutes. With a little more drive, he had the knowledge and understanding to become a Candidate. His comprehension was frightening.
Lazy, distracted, etcetera.
He made the top 10 in the FIDE list. Pretty much a monster. That ain't hay.
Agreed he is funny to watch in his videos and his approach is quite unique. I think sometimes he forgets that us normal players lack the technique and understanding to pull off some of his ideas though.
Interesting to see what results come up for Google searched questions.


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Ten crazy uses of the Green Lantern ring
Hal Jordan is making his way into movie theaters today. We'll see aliens and Oa and space ships and Blake Lively, but I'm guessing we won't see some of the creative things that have been done with the Lantern Ring over the years in the comics. Take a look at what the Lantern Corps has dreamed up, just for fun.


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Senate Minority Whip Trent Lott Announces Resignation, No Official Last Day Yet
WASHINGTON -- Senate Minority Whip Trent Lott (R-Miss.), who has been friendly to credit unions, has announced that he will resign his Senate seat by year's end.
"We've had this great experience for these 35 years, but we do think that there is time left for us to maybe do something else," Lott said at his announcement with his wife by his side. He said he wants to make more time for family and will collaborate with the state and federal officials for a smooth transition.
Back in 1997, then-Senate majority leader Lott helped steer a Mississippi credit union CEO named Dennis Dollar to serve on the National Credit Union Administration Board. "As you know, Senator Lott played a vital role in my nomination and confirmation to serve on the NCUA Board in 1997," Dollar recalled. "He believed that a small town credit union CEO from the Mississippi Gulf Coast could make a positive difference for America's credit unions on the NCUA Board, and I will always be personally grateful for his vote of confidence when he lent his influence to help guide my nomination through the White House and my confirmation through the Senate."
"Although I will certainly miss his voice in the Senate from the personal perspective of a Mississippian, his was also an influential voice for credit unions that will be greatly missed as well," Dollar, now principle partner of Dollar Associates, LLC, said.
Former CUNA lobbyist John McKechnie, now director of Public and Congressional Affairs at NCUA, said he would always remember Lott for his tactical understanding during the fight to pass H.R. 1151. "He was supportive of the legislation, and yet was savvy enough about the sometimes arcane ways of the Senate to recognize that he couldn't push too hard too soon. I will always remember and admire Senator Lott for that approach."
John Magill, CUNA's current senior vice president of legislative affairs said that Lott has been "a great and solid friend to credit unions, with an open door to consider our needs and issues--and a wise voice about how was the best way for us to accomplish our legislative goals...We will miss his friendship and guidance, but we will be forever grateful."
Part of the reason for Lott's resignation, according to online political news source The Politico, was to beat the extension of a ban from one to two years on former lawmakers lobbying Congress, which is scheduled to take effect at the start of 2008. At his press conference Lott said he had no future professional plans but joked that he had already been turned down to coach football at Ole Miss.


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Raven Moon Launches New Animation Division
Raven Moon Entertainment will launch a new animation division to service the entertainment, advertising and creative content market, the company said today. The new division will be located in Orlando, Florida. Janice Hamlin and Chris Devine Dailey will handle sales.
Raven Moon Animation is currently working on four animated theatrical features: The Dino Bugs Movie, The Gina D & The Transistor Sisters Movie, The Mr. Bicycle Man Movie and The Bobo Blocks Movie.
[Source: Prime Zone]


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NHL Hockey: Edmonton Oilers at Los Angeles Kings - Kings Favored
Team Page: Edmonton :: Los Angeles
66% of Bets Placed on Edmonton +130 | Matchup | Goalies
A long losing streak has virtually ended any chance the Edmonton Oilers had of repeating as Western Conference champions. The Los Angeles Kings' latest skid, meanwhile, isn't nearly as surprising.
The Oilers look to end a seven-game losing streak when they conclude their season series with the struggling Kings on Monday night.
Oddsmakers have made Los Angeles -150 money line (NHL Odds) favorites for todays game, the over/under has been set at 5.5 total
goals (View NHL Sports Books).
Edmonton (30-33-6) hasn't earned a point since a 4-3 shootout win over Detroit on Feb. 23, and is quickly being buried in the West. With 66 points, the Oilers are closer to Los Angeles (22-34-13) and Phoenix - who are tied for last place in the West with 57 points - than to eighth-place Calgary (82 points).
Edmonton, which will be concluding a three-game California road trip Monday, has lost seven straight in regulation in a single season for the first time since dropping nine in a row from March 23-April 9, 1995. The Oilers have been outscored 27-5 and been shut out three times during their skid.
Regulars Petr Nedved (knee), Steve Staios (knee), Jarret Stoll (concussion), Ethan Moreau (shoulder) and Jan Hejda (shoulder) continue to nurse injuries. Edmonton played with 12 forwards and only five defensemen in a 3-0 loss at San Jose on Sunday night.
"It's a frustrating exercise to try and win in a situation like this," Oilers coach Craig MacTavish said. "This is a tough game to win when you can't score."
Edmonton got just one power-play opportunity against the Sharks, and is 0-for-18 with the man advantage during its losing streak.
Dwayne Roloson made 28 saves in the loss, which dropped him to 0-6-0 with a 3.38 goals-against average since Feb. 25. The netminder gave up six goals to the Kings in a 7-4 loss on Dec. 28.
Petr Sykora, who ranks third on Edmonton with 49 points, has been held off the scoresheet in eight straight games. He also has just one goal and no assists in his last six games against the Kings.
Los Angeles has lost five straight games, although the last three have come in overtime. The skid is the fourth of four or more games for the Kings this season.
Dustin Brown scored two goals on Sunday for Los Angeles. Brian Willsie added a goal and goaltender Sean Burke made 30 saves, but it wasn't enough to overcome the Dallas Stars in a 4-3 overtime defeat.
Kings coach Marc Crawford was satisfied with his team's performance, despite the fact they're out of the playoff chase in the West.
"We didn't get what we deserved," Crawford said. "(The Stars) got some breaks. We forced them to play a game they didn't want to play."
The Kings were without centers Derek Armstrong (knee) and Anze Kopitar (lower back). Their status for Monday's game is uncertain.
Edmonton has its last two meetings against Los Angeles after dropping the opener in the season series. The Oilers have also won three of their last four visits to Staples Center.
by: Gary Roberts - theSpread.com - Email Us
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Making Halloween MiniaturesHalloween has come early to many home decor and craft stores this year. The Michaels in my hometown has recently shelved their 2016 collection and I feel a tad underwhelmed by it. My hope is that perhaps there's still more items to come but what is available is largely rehashed from last year's product line, with maybe a few design tweaks here and there. In case you're wondering what's available there are a handful of clips that have surfaced on Youtube, so check them out!
Apparently this year Michaels is really smitten with black and gold decor. That's not exactly Halloween in my opinion. Many of the objects aren't successful on their own and would probably require you to buy at least one or more other decor items from the same theme. I prefer it when you can walk in and be like, "Yeah, this will totally go with my decor" without having to refashion your entire collection. Likewise, they also brought in a bunch of jewel toned autumn decor. Because nothing says autumn like the colour blue...? I suppose it would look good with all the dark themed Halloween ornaments but on their own they look really bizarre.
If you're anything like my old self you're probably a fan of the Lemax Spookytown collection and you greatly anticipate its new releases every year. I used to work at a Michaels, like a hundred years ago, and when I did I purchased one piece from the Spookytown collection. It was all I could afford as a seasonal worker and I deeply regret not purchasing more of them. You see, over the last ten years there has been a drastic decline in the quality of Lemax items. Somehow the scaling went fucking apeshit and now they have characters ranging in size from one to five inches. How in the hell? The paint jobs have also become steadily worse over time and the products went from primarily resin to a combination of resin and plastic. I don't understand where their priorities went. I think of all the elderly women who would frequent the store in search of new additions to their Lemax collection, and I can only imagine how pissed they were when they saw the differences in scale and quality. I haven't taken a good look at the Lemax Spookytown collection in probably six years. That's how bad they've become.
I recently purchased a cloche and a shadow box and I was really hoping to create some miniature Halloween scenes inside them. I figured, fuck it, I'll go buy the Lemax tombstone collection.
It's not bad, right? Well, no, but that's because this is the product photo. In person the tombstones don't look that great. They were way smaller than I anticipated. The site makes them look bigger but in reality they're only 4 cm tall (and that's the tallest, the majority of them are smaller than that). The product photo also features the best painted examples but in person they look god awful. The colours are not this nice, they're more pale gray and highlighter green, they look very flat. The green RIP on the center tombstone was smudged all over, the writing and cracks were all faint and not as discernible as in the photo. And the one just bugs me... It says "Dear" on it. Not just that but it's also written on an angle as though the stonemason fucked up lol. Dear. Dear what? My fiancé said I should buy it and put a "D" on the end of it so it'll at least say "Dead" but at $7 CAD what's the point? If I just have to paint them anyways I might as well make my own. So I did. And here's the tutorial!
|• pen or pencil
|• cardboard
|• exacto knife
|• cutting mat
|• wax paper
|• rolling pin
|• some water
|• air dry clay
|• tooth pick
|• chisel paint brush
|• bristle paint brush
|• gesso
|• acrylic paint
|• matte spray varnish
Step one: Forming the Stone
Step Two: Adding Script and Texture
Step Three: Adding a Foundation
Step Four: Painting
Some quick tips!


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Innovating When You Don't Know What You Don't Know: The View from PARC
(Page 2 of 2)
how do you acquisitively or organically grow when you don't know what you don't know?
Lessons learned
PARC has been in the business of breakthroughs for 40 years (yes!; as of this year). We're also approaching 10 years as an independent subsidiary company of Xerox, which has meant a number of years experimenting with different business models and evolving our role in a new innovation landscape. Taken together, our experiences incubating startups and co-developing and transferring new business opportunities to clients while investing in our own internal R&D have given us a unique perspective.
They've also provided us with a "pattern recognition" that informs our decisions about what potential ideas we invest in, and an understanding of what's required to make these ideas valuable to those who commercialize them.
So with that vantage point, here is some advice we'd share for Xconomy SF readers:
1. Think about the presence of a platform and the necessary strategic portfolio coverage—not just number of patents you're trying to acquire. It's also important to transfer know-how into your organization along with IP (which is difficult to do from universities and patent-only entities) if you want to be a creative, leading player in the space.
2. Draw on outside expertise to see breakthrough possibilities where others may not. Internal experts, while immensely valuable, can be so immersed in the inertia of the company's core directions that it's difficult for them to see things differently. Meanwhile, acquired startup expertise may seem agile, but may be too focused on the close-in exit strategy.
3. Don't rely only on VCs to vet options for you. For example, a VC might decline to invest in a capital-intensive industry, where you may already have much of the capital infrastructure in place and can consider that opportunity.
4. Don't dismiss considering the open source ecosystem, which can be a powerful enabler for creating market opportunity when your value is differentiated upstream.
5. Build opportunity discovery into the front end of innovation. Social science methodologies such as ethnography can help identify new opportunities beyond incremental feature improvements—especially when you can't know what you don't know. Otherwise, you'll be reduced to asking and delivering what people think or say they want, which, as Henry Ford noted, would have led to a faster horse… not the automobile.
When seeking to acquire and grow technologies/expertise that create new business opportunities, consider all the sources—sometimes in partnerships with multiple players—that can make your vision a reality.
The innovation landscape has many players, and the allure of Silicon Valley is the ever-evolving confluence of government funding, startups, VC funding, universities, global enterprises, leading talent, research centers, and R&D businesses that has made this the place it is.
Trending on Xconomy
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Several World Cup matches will be played at the stadium, but there only ever will be one 'first match', so fans are being urged to make use of this once-in-a-lifetime opportunity and book their place in the history books.
"We want this to be a family oriented event," said Julie-May Ellingson, head of the strategic projects unit and 2010 programme.
"We want people to bring their children, because this is something
you're going to want to tell your grand-children about, and your
children are going to want to tell their grand-children about."
"Given our rich history and our long-time involvement with Durban and
KZN, we are proud to be part of this event," Philani Mabaso, Usuthu's
PR and communications manager, said, according to Kickoff.com.
"We'll be playing on the same ground that will see some of the best of
the best work their magic during the World Cup. But more than that, we
will be making history.
"In years to come the players who take the field on the 29th will be
able to say with pride, 'I was there! I played in the very first match
to be hosted at what has to be one of the most stunning stadiums in the
With four sectors on the lower level of the stadium being opened for
the opening match – among the very best seats in a stadium, where no
seat is further than 140m from the pitch – tickets are limited and only
22,000 are available.
"They are already on sale and selling fast," says Ellingson.