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l'édition Française e.1
When considering a cycling holiday, one of the first destinations many will think of is France. The rolling mountains, the colour littered fields, the warm sunny weather and all the fresh carbs you can dream of from the local patisserie.
So, I guess it's no surprise that I spent a week en France this summer dans ma velo!
The Vercors, a region not familar to most, is a range of mountains in the Rhone-Alps, otherwise known as the Prealps; a 1.5 hour drive from Lyon or half an hour from Valence (Eurostar/TGV drop off). The scenery is simply stunning. Sheer rock faces suddenly appear on the horizon, displaying thousands' of years of history, as the surrounding farmlands provide green tranquility. And, the roads through and around the Vercors are not only well kept (no sneaky pot holes) but quiet too. And by quiet, I mean you'll see only 1 or 2 cars on a 4 hour ride!
Within riding distance are the beautiful and historic towns and view points of Pont en Royans, who's houses hug the cliff-side; St Nazaire en Royans which is over shadowed by its aqueduct and fresh water lake; and Europe's largest gorge, the Combe Laval; which, when cycling through can only be described as a scene from a James Bond car chase.
I stayed with Velo Vercors, a small but specialised cycling holidays company run by Roger Dunne – an ex GB pro cyclist, and his wife Teresa. Velo Vercors cater for everyone, that is, families that may get out on their bikes a couple of times a year but want to explore the French countryside, through to training camps for cycling clubs (sounds familiar!). And, with a broad range of abilities they also provide a range of suggested/mapped rides from 10-20km routes to spend the day at the lake; to a climb (and descent) up Alpe d'Huez, only 1.5 hours drive away. Arranging bike hire prior to your arrival, travelling there couldn't be easier.
Their typically 'French' property, in the heart of St Jean Royans, one of the larger towns in the region, boasts self-catering gites (rural cottages) for a weekly break or B&B accommodation with independent front door access for shorter stays. All surrounded by fantastic gardens, a 'summer lounge' and of course, over-looked by the stunning mountainside. Plus, there's an open-air pool a 2 minute walk up the road for the well needed rest days, and a masseuse on call to ease out the tight legs after a hard day's climbing.
Roger, cycling clearly in his blood, is available as a cycle guide or domestique, which makes riding in a new area a breeze – there's no worrying about taking the wrong turn, plus with his experience, he provides great advice and tips on the climbs and descents. God knows how he keeps going though – Alpe d'Huez twice and Mont Venteux in the space of 1.5 weeks? He must have a motor hidden somewhere!
All in all, a week at Velo Vercors may be absolutely shattering, but is definitely a holiday worth taking!
– Local area ride I took: http://runkeeper.com/user/hayleydavies/activity/100305127
– Tour of the Vercors including Pont en Royans, Col de Carrie and Combe Laval: http://runkeeper.com/user/hayleydavies/activity/100676919
Hayley Davies
Riding since Feb 2011 Hayley is a 30 year old female who loves adventures. If she's not on one of her many bikes or in the water on a bodyboard/surfboard, then Hayley is probably out looking for something new to keep the adrenaline pumping!
Website: www.hjdonline.co.uk


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Membership questions? Log in issues? Email firstname.lastname@example.com
2. This also my first kegging and I want it to be ready to drink by March 13th for a party. When is the latest I can wait to transfer it to the keg and have it carbonate and condition properly?Brian
Oh really, I thought the carbonation took longer. I know it is faster then bottling but thought I had read it was a few days at least. Time to do more research.Brian
I used the WLP004 Irish Ale from White Labs. I was planning on kegging around Feb 28th or so. give a couple weeks to carb and condition.
Fermentation of a typical 5 gallon batch of beer can generate as much as 50 BTU/hr during the early stages. It is not uncommon to see 5 to 10 degF increases in temperature in very well insulated fermentors. I have found that it contributes to "homebrewish" flavors. The other replies in this post explain the potential off-flavors very well: esters, fruity, hot alcohol, solvent-like, fusel alcohols, etc. I tightly control my fermentation temperature by submerging my glass carboy in a temperature controlled water bath. My beer has a very clean flavor profile, I can't emphasis fermentation temp control enough if you are trying to make a high quality, professional tasting brew.

subset: commoncrawl


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Do your joints feel stiff and sore when you wake up in the morning, or even after you sit down for a few hours? Those sore joints could be arthritis, which affects almost 54 million Americans. The good news is that one of the most effective, proven treatments to relieve the symptoms of arthritis is getting regular physical exercise. This can be improved on even further by working directly with a physical therapist, who can help you create a tailor-made exercise plan to relieve those achy joints. Want to know more? Contact us to today to schedule an appointment and talk about how physical therapy can be used to treat arthritis.
What is Arthritis?
Arthritis is an inflamed and painful joint. It can attack a single joint in the body, such as a knee or a hip. It can also affect multiple joints as a person ages. You probably know an older person who has arthritis that affects several joints in their hands.
Osteoarthritis is the most common form of arthritis. This condition is basically caused by "wear and tear" on the joints, which we'll explain in more detail below. Rheumatoid arthritis is another type of arthritis, which is an autoimmune condition. It's much more common in women than in men. Both types can benefit from regular physical therapy and exercise.
Here are the main symptoms that a person experiences with arthritis:
- Stiff, sore joint (or joints), especially in the morning; the pain is lessened after about 30 minutes
- Pain during activity that goes away when you rest
- "Noisy joints" – You hear all sorts of snaps, crackles and pops when bending the affected joint
- Joint is sensitive or painful to touch
With rheumatoid arthritis, joints on both sides of the body can be affected at the same time. People with this condition can also suffer from fatigue and loss of joint use.
Causes of Arthritis
Osteoarthritis, as we mentioned above, is caused by "wear and tear" on a joint. Our bones are covered with cartilage to protect them. Constant overuse of a joint can cause that cartilage to break down, which eventually results in bones "grinding" together at the joint. This happens to all of us to a certain extent as we age, but there are some additional factors that can contribute to arthritis:
- Injury: If you sustain an injury to a weight-bearing joint, especially a knee or a hip, it can lead to osteoarthritis later in life — even if you fully recover at the time.
- Repetitive Jobs: An occupation that requires a lot of repetitive motion, such as bending, twisting, squatting or kneeling, can break down cartilage and lead to early onset of arthritis. Construction workers, flooring installers and even child care workers (who bend over to pick up small children frequently) will often develop arthritis as a result of their careers.
- Athletics: Athletes who put a lot of repetitive strain on their joints are also more prone to osteoarthritis, such as baseball pitchers, ballet dancers and football players.
- Weight: Being overweight can lead to arthritis as well, because it puts extra strain on weight-bearing joints.
While those are the causes of osteoarthritis, doctors don't know as much about rheumatoid arthritis because it is an autoimmune condition. Its cause is believed to be a combination of genetics, environmental and hormonal factors.
Physical Therapy for Arthritis
Getting regular physical exercise is the number one approach to dealing with the pain of arthritis, according to the Arthritis Foundation. But where should you begin? That's where working with a physical therapist can help!
A licensed physical therapist will be able to recommend specific exercises for your age range, ability level, and arthritis symptoms. Hands-on physical therapy (known as "manual therapy") can be used to help improve the range of motion in the affected joints. Your therapist can teach you the types of strengthening and aerobic exercises that will best benefit your condition. You'll also be given an at-home exercise program to follow. A physical therapist can even teach you about changes to make in your home or office that will improve your posture and help alleviate your arthritis symptoms.
Don't suffer needlessly with arthritis by thinking it is "just a part of life." Physical therapy can help! Contact us today at our Bedford, NH center to schedule an appointment with a physical therapist and start getting that arthritis pain under control.


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Volleyball Sad Nuggie Sticker
Volleyball Sad Nuggie Sticker
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Regular price
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Sad Nuggie tries his best at Volleyball.
Grab your "Volleyball" Sad Nuggie sticker today!
What's in every combo?
What's in every combo?
Every Sad Nuggie Combo comes with the following at no extra cost:
-Your favorite dipping sauce sticker
-Your favorite beverage sticker
You can let us know which dipping sauce & drink you would like during checkout process under "additional notes". If you do not have a preference or forget we will send you a random one.
About the product
About the product
- Weather, water, scratch & UV resistant
- Dishwasher safe
- Restickable
- Premium vinyl with a glossy finish
- Sticks on virtually any surface
How to use
How to use
Stick it on things!
Shipping FAQ
Shipping FAQ
-All orders $75 USD + come with free tracked shipping to North America.
-You can choose various paid shipping methods during checkout if you wish.
- You can read more about shipping policies here.


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No comment
Posted by DH on Wednesday, 17 May 2017
Sorry, guys!
Too little time, too much spam. Since I hardly manage to review comments at all and spam is still constantly increasing, I had no choice but to disable comments in general.
I will try to find a better solution than total blocking, however, I have to set priorities. Thanks for your understanding!


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Home Cabinets & Chests
Storage is essential for any home, conveniently stashing everyday items within reach while keeping your rooms neat and tidy. Our home cabinets, chests, and bar carts are beautifully crafted to complement the decor of any space in your home, blending practicality with your taste in style.
Stylish Storage Pieces
There's no reason storage should be purely practical without any aesthetic appeal. Explore our cabinet selection and get elegant furniture that enhances a room's style and function.
Find fashionable pieces to serve different functions, such as media consoles to house your electronics, home bar carts for stocking your favorite beverages, and nightstands for bedside essentials. Our home accent cabinets range also includes buffets, trunks, and chests in classic, farmhouse, contemporary, and global, artisan-inspired designs.
Beautiful Versatility with Modular Storage
Create your perfect layout with our modular furniture options, containing a wide range of coordinated chests and cabinets to mix and match. Choose from drawers, shelving units, and base home cabinets for fashionable storage that makes the most of your space.
Coordinate your home accent chests with bookcases, entryway furniture, and other storage furnishings that combine convenience with essential elegance.


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Comedian Bob Marley's Moose Marley Minutes: Trouble on the Water
'Maine's King of Comedy,' Bob Marley joins us on the Moose Morning Show every Thursday morning, then again Saturday morning and Sunday night during the "Best of the Moose Morning Show." Plus listen to win Bob's CD's and DVD's and tickets to his latest shows. Check out Bob's website and Bobby on facebook!
Bob on the Moose Morning Show, Aug. 3, 2018


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Six Sided Celery Glazed Ceramic Table Lamp Hopewell Collection with Silver Mica Shade by Jim Webb
Jim Webb of Studio 233 creates the artistic, Hopewell Collection, six-sided, handbuilt, stoneware table lamp, incised with a variety of decorative patterns on opposing sides. It is shown with a celery glaze and silver mica shade. This lamp gives off a warm translucent light.
- Handmade in the USA
- Artisan-crafted ceramic table lamps, lighting
- Lamp shown in 20" H
- Lamp is available in two sizes:
A. 20" H shade width: 19" on bottom
B. 22" H shade width: 19" on bottom - Signed and numbered
- Bulbs: two twist socket clusters for 40 or 60 watts medium base bulbs. Much brighter CFL bulbs (less heat-generating) can be used
- UL Listed
- Shipping: approximately six to twelve weeks
1. Free Ground Shipping: On most items $150.00 and over, and under 25 lbs.
Read more…
2. Ground Shipping Charges: 0 - $149.99 = $18.00 (USPS, FedEx, and UPS only)
Read more…
3. Freight Charges: Larger items, for example, furniture.
Read more…
4. International Orders: Must contact us first: firstname.lastname@example.com
Read more…
For any shipping requirement other than free ground shipping, please call (845) 679-2622, or email email@example.com
Due to the nature of handcrafted work, subtle variations are natural.
Jim's lamps are ideal for interior decorating any room as the come in a variety of rich colors. Combined with handmade paper and mica shades, these lamps add sophisticated design with a personal touch.
Clay artist Jim Webb, hand builds artistic stoneware ceramic table lamps with mica, or paper shades. He began studying ceramics with Toshiko Takaezu while an undergraduate at Princeton University. After graduating with a degree in art history he traveled extensively, primarily in the Middle East and Afghanistan, where he developed a keen interest in Islamic art and architecture. Upon returning to the U.S. he studied economics at Columbia University where he received a master's degree. It was while studying at Columbia that Jim rediscovered his love of ceramics. Toshiko's urging he moved to Lambertville, New Jersey, and became a member of the Clay Co-op group. In 1978 he opened his own studio, which is today Studio 233.
Jim's interest in lighting was born of a desire to combine clay's sculptural and functional potential. Each piece gives him the opportunity to create a one-of-a-kind statement with the use of glazes and metallic oxides. His hand built slab lamps are incised with a variety of carved motives that render each one a unique piece of art.
In 2001 Barbara Webb began working with her husband creating the shades for his lamp bases. She uses handmade paper from around the world.


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The Astral by Kate Christensen (Doubleday, 2011) |
Reading great food writing has always made me want to write about food, much the way eating a great meal makes me want to cook. Reading and eating are connected the way writing and cooking are: in the first case, you're consuming something essential, and in the second, you're creating something essential for other people. Food, like literature, nourishes, delights, and connects. And no food writer has ever inspired me more than M.F.K. Fisher. I love to reread all her greatest books, among them Consider the Oyster, The Art of Eating, Serve it Forth, How to Cook a Wolf, An Alphabet for Gourmets, and The Gastronomical Me.
Fisher writes about her life in food in compressed diamonds of prose. Experiences, personal history, adventures, and reflections are all presented through the lens of food–eating is life, and vice versa. She gives recipes, but they're incorporated into the prose itself, not as diktats, but as a natural part of the narrative thread. "There in Dijon," she writes in "The Measure of My Powers," "the cauliflowers were small and very succulent, grown in that ancient soil. I separated the flowerlets and dropped them in boiling water for just a few minutes. Then I drained them and put them in a wide shallow casserole, and covered them with heavy cream, and a thick sprinkling of freshly grated Gruyère, the nice rubbery kind that didn't come from Switzerland at all, but from the Jura. It was called râpé in the market, and was grated while you watched, in a soft cloudy pile, onto your piece of paper."
Some of her anecdotes are so memorable, I recall them as if they were my own memories: her first oyster at a boarding-school party; shelling peas for a simple supper at Le Pâquis, her house in Vevey, Switzerland; a meal at an inn, alone, after hiking, during which she was held hostage by an invisible, frustrated genius of a chef and stuffed full of one gobsmacking delicacy after another until she could hardly rise from the table to walk home. She writes with equal objectivity and artfulness about the art of dining alone in a restaurant and the terrible sadness of losing the love of her life: every experience, whether mundane or extraordinary, is made thrilling. No matter what happens, she implies in every line, without saying it outright, there is always an adventure to be had in a good meal.
As an eater and drinker, she was swashbuckling, earthy, and fearless. I love her wry, understated descriptions of meals, many of which include quantities of wine and astonishing, even potentially dangerous courses, such as this dinner she and her first husband had in Dijon as newlyweds: "We ate terrines of pâté ten years old under their tight crusts of mildewed fat. We tied napkins under our chins and splashed in great odorous bowls of Ecrivesses à la nage. We addled our palates with snipes hung so long they fell from their hooks, to be roasted then on cushions of toast softened with the paste of their rotted innards and fine brandy."
This is riveting stuff, but she writes with just as much artful élan about a simple, junky supper she had in her California house years later, a summer-evening meal of nothing but beer and potato chips. Fisher was anything but a food snob. She lived to eat, ate to live, wrote to eat, ate to write. Her narrative voice is simultaneously clear and opaque, ironic and passionate, elliptical and dilatory. Her books are also simultaneously satisfying and tempting. Although she writes with precision and sensual detail, I often find, as I read her, that I'm reaching like Tantalus for a receding apple, yearning for whatever she's leaving out, which might be as simple as the actual taste of the food she's describing, or the immediate sound of her voice in my ear. Like every great cook, and writer, Fisher satisfies hunger in the moment while creating a larger, deeper appetite for more.Anyone familiar with Kate Christensen's fiction knows how important food can be to her characters. Commenting on her third novel, The Epicure's Lament, Sam Lipsyte wrote, "What a wonderfully monstrous voice Kate Christensen has created in Hugo Whittier, trust-fund misanthrope, chain-smoking foodie, confirmed cad. His narration is as rich and textured as his Lobster Newburg, which I can almost taste." Her fourth novel, The Great Man, won the 2008 PEN/Faulkner Award. Reviewing her most recent novel in The Miami Herald, Andrew Ervin noted, "Christensen . . . amps up the tension, suspense, and pathos until it feels like the book could ignite in your hands. She's a spectacular author who's only beginning to get the attention she so richly deserves. . . The Astral, artfully composed and emotionally tender, is evidence of true literary genius." Christensen lives in Portland, Maine and rural New Hampshire and is currently writing two food-related books, Blue Plate Special: a Memoir and a new novel, Gin on the Lanai, about rival food writers on Kauai.
Also of interest:
- In 2007 Christensen contributed to NPR an appreciation of Fisher's "masterpiece" Consider the Oyster
- Visit the official M.F.K. Fisher website for more information about her life and work
- Other "Influences" posts by Deborah Baker, Lev Grossman, Alan Heathcock, Adam Levin, Dinaw Mengestu, Jim Moore, Manuel Muñoz, Geoffrey O'Brien, Arthur Phillips, Carl Phillips, Karen Russell, Timothy Schaffert, Philip Schultz, J. Courtney Sullivan, and Emma Straub
- Watch part of a profile of M.F.K. Fisher (YouTube)
Related LOA books: American Food Writing: An Anthology with Classic Recipes (includes Fisher's "A Lusty Bit of Nourishment" about oysters and "Define This Word" about the post-hike feast Christensen cites); Writing Los Angeles: A Literary Anthology (includes "Pacific Village," Fisher's first published essay, and "A Thing Shared" about her first memorable meal, at age ten)


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Market2Lead reports that "nurtured leads experience a 23% shorter sales cycle."
By building an active relationship with buyers, your team is equipped to guide people through the sales journey. An engaged seller can anticipate consumer needs and customize the overall experience.
"With the ability to create and apply customer data assets, it's possible now to marry the content, advertising and marketing offers into a personalized journey that is relevant to each individual user rather than just large blocks of user demographics," says Tom Wilde, chief product officer at Cxense.
Integrate data into your lead nurturing campaigns. Let's explore a few techniques below.
Progressive Profiling
The process of collecting data plays an integral role in lead nurturing. You can't gain every piece of consumer information in one interaction.
We live in a world where consumers don't dish out personal details easily. People must trust your brand and know you won't sell their data to third parties.
Of course, social proof is one way to earn consumer trust. You can post security badges and publish guarantee statements to reassure the shopper.
Another way to gain the shopper's confidence is with progressive profiling. It's a "lead acquisition technique that involves requesting one or two pieces of information at a time, starting with basic firmographics (e.g. company size, job title, industry) and leading into deeper, more targeted questions later in the relationship."
Progressive profiling eases your brand into a relationship with the consumer. Similar to a first date, where you wouldn't ask for the person's entire life history, this tactic slowly gets consumers comfortable with releasing information.
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In this example, the visitor first fills out name and email to submit. The next time they fill out the form, those fields (name and email) are filled and two additional fields, Company and Phone Number are added so the visitor fills those in.
For B2B brands, ask prospects for their name and email initially. Then, request for their company's name and phone number. After that, you may want to know their business industry and budget.
This less intrusive approach alleviates the friction in the lead nurturing campaign. Instead of hesitating to enter details, buyers are more willing to give some information right now.
"Short and sweet produces the best results when it comes to form conversion. So by reducing the number of fields with progressive profiling from 7 to, say, 3, you reduce the pain and increase the conversion rate," states Bob Ruffolo, founder and CEO of IMPACT.
Experiment with progressive profiling in your campaigns. The more data you gather, the better you can serve your customers.
Tailoring Communication
As your team begins to contact leads, you must know which particular phrases and expressions connect with your audience. Tailoring your communication offers an opportunity to speak directly to the individual.
What you say to your buyers matters. It's not enough to talk about certain product features or attempt to impress them with industry jargon.
People want authenticity that presents itself in their language. And that language determines whether they continue to stay engaged.
Discover words that connect to buyers by monitoring sales conversations and observing in-person nonverbal cues. Each interaction empowers your team to walk in the shoes of the consumer.
"Collect data at every point of interaction, get to know your customer and focus on how you can help deliver more value. This open feedback loop will create happier customers and ultimately, a better product," writes Denise Chan, content marketing manager at Mailjet.
Communication centers around what your team brings to the dialogue, too. It's perfectly acceptable to listen and learn from your consumers, but you also need to add value to their lives.
That valuable offer is usually something that will motivate them to take an interest in your brand. It will build trust and establish a stronger relationship.
Unbounce indulges its prospects with case-filled ebooks that provide solutions to their most pressing needs.
Communication is vital to mastering your nurturing campaigns. Personalization adds to the customer experience.
Know When to Engage
Customer data helps companies shape the lead nurturing process and adapt to buyers' behaviors and desires. Knowing when, where, and how to interact with consumers gives your team a competitive edge.
By examining behavioral data, your sales teams can discover the best times to conduct outreach calls and send emails. You must accommodate for time zone differences, national holidays, and cultural expectations.
Hubspot reports that "the odds of a lead entering the sales process, or becoming qualified, are 21 times greater when contacted within five minutes versus 30 minutes after an inbound lead converts on your website."
However, most companies fail to respond to leads in a timely fashion. Research revealed that 42 hours is the average response time among U.S. companies that responded within 30 days.
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Remember that lead nurturing is an ongoing process. So, avoid rushing the lead to the next stage. And encourage your sales team to work together to help prospects. A buyer may be more receptive to a specific representative, or a particular deal may involve a special skill set.
Even with the competitive nature of hitting sales goals, your staff must focus on satisfying the consumer.
"The best piece of advice for lead nurturing that you can follow is to establish realistic expectations early on in the process. Let people know that this is a team effort and that there's not going to be an immediate windfall of sales opportunities at the beginning," says John Shea, a sales leader and strategist.
Use data to learn when to approach your prospects. The timing is just as important as what you communicate.
Matching Purchasing Intent to Solutions
What problem is the buyer trying to solve? With customer data, your team can match the buyer's purchasing intentions to your product solutions.
The University of South Australia found that the timeliness and quality of information combined with trustworthiness have a positive influence on information usefulness, which helps predict consumer purchase intention.
Sometimes, the best option for uncovering intent isn't by directly talking to consumers. You may need to monitor online communities where buyers express their honest opinions to their friends and family members.
Social media is a good starting point. Search for specific keywords related to your product or sift through direct mentions from your consumers. Invest in a social media listening tool, like HootSuite, to help with this research.
In the tweet below, a customer asks Zendesk if the business plans to offer an Apple Watch app. For this customer service software company, these requests may lead to new services for consumers.
@danburdi No plans yet, but we'll post about it for sure! 🙂 Please follow this link for Zendesk updates: https://t.co/tXEQXabxbQ
— Zendesk (@Zendesk) November 26, 2016
Figure out what intrigues buyers about your product. With multi-use services, it's essential to learn how people benefit. You may be surprised to learn that consumers have found a different way to gain value.
"Understanding consumer intent and meeting their needs in the moment are the keys to winning more hearts, minds, and dollars…the brands that understand and respond to intent are better positioned to be there and be useful for all of their potential customers, not just those that fit an age and gender profile," states Lisa Gevelber, vice president of marketing at Google.
Understanding consumer purchasing intent helps guide your interactions with the buyer. Be ready to offer a solution to clinch the sale.
Lead Nurturing With Data
Move your prospects down the sales funnel. Merge data into your lead nurturing strategy for higher conversions.
Use progressive profiling to learn more about your buyers. Tailor communication to sell the benefits of your products. Decide the best time to initiate engagement. And continue to understand why people use your services.
Guide your lead nurturing campaigns with data at the forefront.
Did you know? With Kissmetrics, you can track the effectiveness of your online advertising. Optimize your marketing by knowing which campaigns perform and which don't. Check out our infographic to learn more.
About the Author: Shayla Price lives at the intersection of digital marketing, technology and social responsibility. Connect with her on Twitter @shaylaprice.


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Discontinued 2 Slice Countdown Metal Toaster
The stylish stainless 2-Slice Countdown Metal Toaster by Cuisinart® takes toasting to a whole new level. Separate controls defrost waffles before toasting, reheat toast without more browning, and reduce heat on uncut side of bagels. Seven browning settings and self-adjusting slots mean thick and thin slices are toasted as desired. LCD countdown toasting-time bar display makes it easy to keep track. Perfect toast, English muffins, bagels, and more!
Stainless Steel
Out Of Stock


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Blazey CZAPLICKI, Petitioner, v. THE Vessel S. S. HOEGH SILVERCLOUD, her Boilers, Engines, Tackle, Etc., et al.
76 S.Ct. 946
100 L.Ed. 1387
Blazey CZAPLICKI, Petitioner,
THE Vessel S. S. HOEGH SILVERCLOUD, her Boilers, Engines, Tackle, Etc., et al.
No. 342.
Argued April 24, 1956.
June 11, 1956.
Mr.Bernard Chazen, Hoboken, N.J., for petitioner.
Mr. J. M. Estabrook, New York City, for respondent The Hoegh Silvercloud.
Mr. Arthur J. Phelan, for respondent Hamilton Marine Contracting Co.
Opinion of the Court by Mr. Justice HARLAN, announced by Mr. Justice BURTON.
Czaplicki was injured in 1945 while working as a longshoreman on the 'SS Hoegh Silvercloud,' a vessel owned by the Norwegian Shipping and Trade Mission and operated by the Kerr Steamship Company. The injury occurred when some steps, constructed by the Hamilton Marine Contracting Company, gave way, causing Czaplicki to fall about five feet. At the time, Czaplicki was employed by the Northern Dock Company, which was insured for purposes of the Longshoremen's and Harbor Workers' Compensation Act1 by the Travelers Insurance Company. Travelers, which was also the insurer of the Hamilton Company, filed notice with the Compensation Commission that any compensation claim by Czaplicki would be controverted.2 Three weeks after the accident, Czaplicki elected to accept compensation rather than proceed against any third parties, and, one day later, a formal compensation award was entered by a Deputy Commissioner. Payments under the award were made by Travelers.
In 1952, Czaplicki filed a libel against the vessel, her owners and operators, and the Hamilton Company, claiming damages for his injuries on grounds of unseaworthiness and negligence.3 After various proceedings in the District Court for the Southern District of New York, the libel was dismissed as to all respondents,4 on the ground that Czaplicki was not the proper party libelant, since his election to accept compensation under the award had operated, under §§ 33(b) and 33(i),5 as an assignment to Northern and its insurer, Travelers, of his rights of action against third parties. The District Court also overruled Czaplicki's contention that the compensation award was invalid because of alleged procedural defects,6 and denied his motion to add Travelers 'as party libelant to sue in its behalf and as trustee for libelant,' or simply to add Travelers as a party.7 The District Court found it unnecessary, in light of this disposition of the case, to consider the defense of laches, which had been interposed by each respondent. The Court of Appeals, affirming the District Court, held the compensation award valid and the libel barred by laches; although it indicated some doubt as to the correctness of the District Court's decision on Czaplicki's right to maintain the suit, it did not pass on that question.8 We granted certiorari, 350 U.S. 872, 76 S.Ct. 118, because of the importance of these questions in the administration of the Longshoremen's and Harbor Workers' Compensation Act.
1. Czaplicki seeks to avoid the assignment question by attacking the compensation award itself, on the ground of asserted procedural defects.9 However, we think that the award must be treated as a valid one. In the first place, the alleged irregularity could not have prejudiced Czaplicki, since it resulted from a failure to afford his employer a procedural benefit which, we assume arguendo, the statute gives. The defect, if any, is one of which only the employer could complain; Czaplicki, who has not been in any way harmed by it, cannot use it as a vehicle for setting aside the award. Secondly, the supposed defect cannot be used to attack collaterally an otherwise valid award. The statute provides a means for contesting action by the Deputy Commissioner in compensation award cases,10 and unless that procedure is followed, the award becomes binding. In short, the defect was not one which would deprive the Deputy Commissioner of jurisdiction to enter an award.11
2. Under § 33(b) of the Compensation Act, Czaplicki's acceptance of the compensation award had the effect of assigning his rights of action against third parties to his employer, Northern. Travelers, as Northern's insurer, was in turn subrogated to all Northern's rights by § 33(i). Travelers, therefore, was the proper party to sue on those rights of action.12 Travelers was also the insurer of Hamilton, one of the third parties subject to suit. Hamilton had constructed the steps on which the accident occurred, and might be held liable if its negligence was the cause of Czaplicki's injuries; it might also be subject to a claim over by Kerr or the Norwegian Trade Mission if either of them should be held liable. Cf. Ryan Stevedoring Co. v. Pan-Atlantic S.S. Corp., 350 U.S. 124, 76 S.Ct. 232. The result is that Czaplicki's rights of action were held by the party most likely to suffer were the rights of action to be successfully enforced. In these circumstances, we cannot agree that Czaplicki is precluded by the assignment of his rights of action from enforcing those rights in an action brought by himself.
Although § 33(b) assigns to the employer 'all right of the person entitled to compensation to recover damages' against third parties when there has been acceptance of compensation under an award, this does not mean that the assignee is entitled to retain all damages in the event of a recovery against a third party. Instead, § 33(e) specifically apportions any such recovery between the assignee and the employee whose right of action it was originally, giving to the former an amount equal to the expenses incurred in enforcing the right, expenses of medical care for the employee, and any amounts paid and payable as compensation, and to the latter any balance remaining.13 In a very real sense, therefore, the injured employee has an interest in his right of action even after it has been assigned. Normally, this interest will not be inconsistent with that of the assignee, for presumably the assignee will want to recoup the payments made to the employee. Since the assignee's right to recoup comes before the employee's interest, and because the assignee is likely to be in a better position to prosecute any claims against a third party, control over the right of action is given to the assignee, who can either institute proceedings for the recovery of damages against a third person, 'or may compromise with such third person either without or after instituting such proceeding.' § 33(d), 33 U.S.C. § 933(d), 33 U.S.C.A. § 933(d). In giving the assignee exclusive control over the right of action, however, we think that the statute presupposes that the assignee's interests will not be in conflict with those of the employee, and that through action of the assignee the employee will obtain his share of the proceeds of the right of action, if there is a recovery. Here, where there is such a conflict of interests, the inaction of the assignee operates to defeat the employee's interest in any possible recovery. Since an action by Travelers would, in effect, be an action against itself, Czaplicki is the only person with sufficient adverse interest to bring suit. In this circumstance, we think the statute should be construed to allow Czaplicki to enforce, in his own name, the rights of action that were his originally.
We need not go so far as to say that by giving the employee an interest in the proceeds of a third-party action the statute places the assignee in the position of a fiduciary, cf. United States Fidelity & Guaranty Co. v. United States, 2 Cir., 152 F.2d 46, 48; all we hold is that, given the conflict of interests and inaction by the assignee, the employee should not be relegated to any rights he may have against the assignee, but can maintain the third-party action himself. In so holding, we recognize that one Court of Appeals has held otherwise under this same statute, see Hunt v. Bank Line, 4 Cir., 35 F.2d 136, as have certain state courts under similar statutes, see Taylor v. New York Central R. Co., 294 N.Y. 397, 62 N.E.2d 777; cf. Whalen v. Athol Mfg. Co., 242 Mass. 547, 136 N.E. 600. We think, however, that allowing suit by the employee in these circumstances is the proper way to ensure him the rights given by the Compensation Act.
Travelers is, of course, a proper party to this suit, since any recovery must first go to reimburse it for amounts already paid out. If Travelers is subject to the court's jurisdiction14 it should therefore be made a party, pursuant to Czaplicki's motion, assuming that there has been proper service of process.
3. Respondents contend that since Czaplicki did not, under § 33(a), 33 U.S.C. § 933(a), 33 U.S.C.A. § 933(a), elect to proceed against third parties, but rather chose to accept compensation, he can in no event revoke this election and maintain this suit. But, as this Court has already pointed out, 'election not to sue a third party and assignment of the cause of action are two sides of the same coin.' American Stevedores, Inc., v. Porello, 330 U.S. 446, 455, 67 S.Ct. 847, 852, 91 L.Ed. 1011. Czaplicki can bring this suit not because there has been no assignment, but because in the peculiar facts here there is no other procedure by which he can secure his statutory share in the proceeds, if any, of his right of action. For the same reason, we hold that the election to accept compensation, as a step toward the compensation award, does not bar this suit.
4. The Court of Appeals found it unnecessary to consider whether Czaplicki could maintain this suit, because it was held barred in any event on account of laches. The only reason given for this holding was that both the New York and New Jersey statutes of limitations, the two that might be applicable, had run. It is well settled, however, that laches as a defense to an admiralty suit is not to be measured by strict application of statutes of limitations; instead, the rule is that 'the delay which will defeat such a suit must in every case depend on the peculiar equitable circumstances of that case.' The Key City, 14 Wall. 653, 660, 20 L.Ed. 896. In cases where suit has been brought after some lapse of time, the question is whether it would be inequitable, because of the delay, to enforce the claim. Holmberg v. Armbrecht, 327 U.S. 392, 396, 66 S.Ct. 582, 584, 90 L.Ed. 743; Southern Pacific Co. v. Bogert, 250 U.S. 483, 488—489, 39 S.Ct. 533, 535—536, 63 L.Ed. 1099. 'Where there has been no inexcusable delay in seeking a remedy and where no prejudice to the defendant has ensued from the mere passage of time, there should be no bar to relief.' Gardner v. Panama R. Co., 342 U.S. 29, 31, 72 S.Ct. 12, 13, 96 L.Ed. 31. This does not mean, of course, that the state statutes of limitations are immaterial in determining whether laches is a bar, but it does mean that they are not conclusive, and that the determination should not be made without first considering all the circumstances bearing on the issue.
In this case, the District Court never passed on the defense of laches, which although properly put in issue was made irrelevant by the holding that, because of the statutory assignment of his right of action, Czaplicki could not maintain this action. Not only was there no decision on laches, but there was never an opportunity for Czaplicki to introduce evidence to justify the delay, since the suit was dismissed after preliminary hearings and argument on the issue of Czaplicki's 'standing.'
When the case reached the Court of Appeals, therefore, the record was incomplete on the issue of laches. There is nothing in the record to show that Czaplicki was given any more opportunity in the Court of Appeals to explain the delay than he had been given in the District Court.15 The only 'finding' made by the Court of Appeals16 was that the running of the statutes of limitations constituted laches, and that, as we have stated, was insufficient. From all that appears, Czaplicki may have failed to bring suit earlier because he relied on the assignee of the right of action to enforce what was presumably an interest common to both of them. The record does not disclose when Czaplicki discovered the assignee's conflicting interest, or whether there has been unjustifiable delay since that discovery. Nor has there been opportunity to prove the statement, made in an affidavit to the District Court, that the delay has in no way prejudiced the respondents. These are questions on which the parties should have been allowed to present evidence. The present record is inadequate to justify a holding that this action was barred by laches.
Since 'the existence of laches is a question primarily addressed to the discretion of the trial court,' Gardner v. Panama R. Co., supra, 342 U.S. at page 30, 72 S.Ct. at page 13, we remand the case to the District Court for further proceedings not inconsistent with this opinion.
Reversed and remanded.
Mr. Justice FRANKFURTER, concurring.
The disposition of a case is of prime importance to the parties. How a result is reached concerns the rational development of law. I agree with the Court's disposition of this case, but I would dispose of the main issue—the nature of Czaplicki's interest that survives his acceptance of compensation under the Longshoremen's and Harbor Workers' Compensation Act, 44 Stat. 1424, as amended, 52 Stat. 1164, 33 U.S.C. § 901 et seq., 33 U.S.C.A. § 901 et seq.—on the basis of the analysis made in United States Fidelity & Guaranty Co. v. United States, 2 Cir., 152 F.2d 46, 48. The reasoning of that case seems to me to carry out the scheme of the legislation with appropriate consistency.
'So far as concerns the tortfeasor's liability to the employee beyond the amount of workmen's compensation, no agreement between the tortfeasor and the employer can prejudice the employee, because, although it is true that, by accepting compensation, the employee assigns his claim against the tortfeasor to the employer or insurer, the assignee holds it for the benefit of the employee so far as it is not necessary for his own recoupment. The assignee is in effect a trustee, and, although it is true that the statute gives him power to compromise the whole claim, he must not, in doing so, entirely disregard the employee's interest.' 152 F.2d 46, 48.
Although this suit was brought directly against the tortfeasor, the Court directs that Travelers, the subrogee insurer, should be made a party. Since I deem the proper theory on which Czaplicki may recover despite his compensation award to be Travelers' fiduciary responsibility, I would direct reconstruction of this proceeding so that it should be against Travelers, while the vessel would be retained as a party.
44 Stat. 1424, as amended, 52 Stat. 1167, 33 U.S.C. § 901 et seq., 33 U.S.C.A. § 901 et seq.
The only reason given for controverting the claim was: 'Injured is undecided whether or not to sue the 3rd party and reserves the right to controvert for such other reasons as may later appear.'
In 1946, petitioner sued the Kerr Company in the New Jersey state courts, but the suit was dismissed for improper service of process. He brought a second suit against the same company in the New York state courts, but that suit was subsequently discontinued in 1947 by his then attorney. Petitioner claims that the commencement and discontinuance of that suit were without his knowledge. Petitioner had retained his present attorney by October 4, 1948, but the present libel was not filed until 1952.
110 F.Supp. 933; 133 F.Supp. 358; the opinion of Judge Ryan dismissing the suit against Hamilton Company and the Norwegian Trade Mission is not officially reported.
33 U.S.C. § 933(b), 33 U.S.C.A. § 933(b): 'Acceptance of such compensation under an award in a compensation order filed by the deputy commissioner shall operate as an assignment to the employer of all right of the person entitled to compensation to recover damages against such third person.'
33 U.S.C. § 933(i), 33 U.S.C.A. § 933(i): 'Where the employer is insured and the insurance carrier has assumed the payment of the compensation, the insurance carrier shall be subrogated to all the rights of the employer under this section.'
110 F.Supp. 933.
133 F.Supp. 358.
Section 19(c), 33 U.S.C. § 919(c), 33 U.S.C.A. § 919(c), provides that the Deputy Commissioner may either hold hearings on a compensation claim, or, 'if no hearing is ordered within twenty days' after notice of the claim is given to the employer and other interested parties, the Deputy Commissioner can decide the claim. In this case, the award was entered only one day after the claim was filed, on the same day that notice was sent to the employer, and no hearing was ordered or held. None of the parties requested a hearing.
Czaplicki also contends that the award made by the Deputy Commissioner was 'little more than a temporary or interlocutory order,' and should not be considered the kind of award which operates as an assignment. But the record indicates that what the Deputy Commissioner called an 'award' was in effect just that, and was sufficient to call into play the assignment provisions of the Act.
Aetna Life Ins. Co. v. Moses, 287 U.S. 530, 53 S.Ct. 231, 77 L.Ed. 477, was an action at law brought under this Act, which had been made applicable as a workmen's compensation law in the District of Columbia. It was held that the employer was the proper party to bring the action. Since that case was decided, § 33(i) has been added to the Compensation Act, providing that 'the insurance carrier shall be subrogated to all the rights of the employer under this section.' 52 Stat. 1168, 33 U.S.C. § 933(i), 33 U.S.C.A. § 933(i). As noted in the Moses case, 287 U.S. at page 542, 53 S.Ct. at page 233, note 3, it has long been the admiralty rule that the insurer subrogated to the rights of the insured can sue in his own name. See, e.g., Liverpool & Great Western Steam Co. v. Phenix Ins. Co., 129 U.S. 397, 462, 9 S.Ct. 469, 479, 32 L.Ed. 788; The Potomac, 105 U.S. 630, 634, 26 L.Ed. 1194. Travelers was, therefore, the proper party libelant had it chosen to sue in this case. Cf. United States v. Aetna Cas. & Surety Co., 338 U.S. 366, 380—381, 70 S.Ct. 207, 215, 94 L.Ed. 171. Doleman v. Levine, 295 U.S. 221, 55 S.Ct. 741, 79 L.Ed. 1402, again an action at law, is not in point, since in that case, unlike the case at bar, there was no complete assignment of the employee's right of action.
33 U.S.C. § 933(e), 33 U.S.C.A. § 933(e). The 'present value' of amounts payable by the employer as future compensation and medical benefits is computed and retained by the employer 'as a trust fund to pay such compensation and the cost of such benefits as they become due'. § 33(e)(1)(D), 33 U.S.C. § 933(e)(1) (D), 33 U.S.C.A. § 933(e)(1)(D).
Cf. Ettlinger v. Persian Rug & Carpet Co., 142 N.Y. 189, 36 N.E. 1055.
In his petition for rehearing to the court below, Czaplicki asked for 'an opportunity to prove the facts which would negative laches,' although he did not attempt to set forth the facts on which he expected to rely. The petition was denied without opinion.
The following state regulations pages link to this page.


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Florida Internet Puppy Mill Investigation
LCA Busts Internet Dog Dealer
This case summary details findings by LCA's Special Investigations Unit (SIU) investigation of Breeders Direct (also known as Premium Breeders), an online puppy broker located in Hollywood, Florida.
LCA began their investigation after receiving a complaint in March 2009 from an individual who purchased a sick puppy from Breeders Direct (BD). Breeders Direct was a multi-million dollar internet based puppy broker. Since undertaking the investigation, LCA learned that Breeders Direct changed its name to Premium Breeders, using the website Premiumbreeders.com.
Read and watch the NBC Miami news story about LCA's Breeders Direct Investigation
How Breeders Direct/Premium Breeders Worked
When an individual visited Premiumbreeders.com or Breedersdirect.com online, they were directed to fill out an electronic form that enables a telemarketer from the Hollywood, FL offices to call the individual and schedule an "interview" at a future date by telephone. The average BD telemarketer made about 275 of these calls a day. If the individual was not contacted in person, their telephone number stays on a rotating call sheet that the telemarketers use daily. Many times a potential customer could be on the phone with one salesperson and simultaneously receive another call from another telemarketer unaware that the company is already calling them. If the telemarketer gets a potential customer on the line, they are instructed to access their website and look at the puppy they were originally interested in. The potential customer then chooses a dog and the identification number of that dog. The telemarketer checks the puppy's availability and then starts the sales pitch.
The BD telemarketer uses a script that accompanies a step-by-step computer program for each potential sale. The main part of the sales pitch is a "home check" the telemarketer conducts with the potential customer by telephone. The customer is told by the telemarketer that after they've conducted the home check and the customer doesn't "qualify" for the purchase of one of their dogs, the customer would not be able to reapply for another year.
The telemarketer then proceeds with the pitch, interviewing the customer about their household income, how many pets they have, how much experience they have with dogs, allergies, etc. There is no actual screening process and the home check done by telephone is never substantiated by the company following the actual purchase.
At the end of the interview, the customer has typically become "emotionally invested" in purchasing the puppy. The BD telemarketer tells them that to hold the puppy a deposit is required. If the customer is still "game," the telemarketer transfers the phone call to a "Breed Specialist" who is really just a sales manager. The sales manager is the individual who finalizes the transaction.
Breeder's Direct Guarantees
Breeder's Direct Guarantees
In the course of all BD sales calls, the company makes several over-the-phone guarantees. Each potential customer is told: "We are a family owned and operated business based in South Florida, comprised of breeders, trainers, and dog lovers."
LCA discovered that BD is a family owned business. It's owned by Vineet Chaabra who recently served time in Federal Prison for violating his terms of release after serving three years for illegally selling pharmaceuticals online. His girlfriend, Gwendolyn Pendland, was the manager of BD. They are in the process of having BD run by proxy by a man named Armand Kulpa. In its eighteen month investigation of BD, LCA found no evidence of breeders or trainers working at the Hollywood FL, facility.
"Because of our strict screening process for our breeders as well as potential parents we have maintained the highest customer satisfaction rating in the industry."
LCA learned from a BD employee that the screening process for a breeder only consisted of a breeder submitting a photograph of their facility. Also BD, with the same model as Premium Breeders, received an "F" from the Florida Better Business Bureau.
BD salespeople tell their potential customers that, "50% of all puppies purchased from pet shops, backyard breeders, puppy mill breeders and online breeder directories end up having genetic or hereditary problems. These problems can cost thousands, if not tens of thousands, of dollars in vet bills." They go on to say that episodes on "20/20, Dateline, Nightline and Oprah exposing backyard breeders and puppy mills are part of the reason the buyer should be concerned about being ripped off by unscrupulous dealers." They then ask the buyer, "Would you ever consider one of these substandard puppies as a pet for you or your family?" When the buyer responds with a "no" they reply as scripted:"Because of our dedication and commitment to the breeding industry, our goal is to give people an alternative to getting puppies from puppy mills or backyard breeders." They add, "We are a network of only the top private breeders throughout the US and Europe and have a very thorough screening process to make sure that the puppy you get is healthy and well socialized."
If the caller is still with them, they salesperson moves onto BD's "Lifetime Health Guarantee." The BD salesperson reads the following, "To ensure that you know how serious we are about the quality and health of our puppies, we actually give you a lifetime guarantee on the health of your new puppy. We also provide you with a lifetime guarantee on accidental death, theft, or loss. This is something nobody else is willing to do because nobody else takes the time to screen the breeders as thoroughly as we do. We want to make sure you get the best puppy for your home." They then ask if there's anybody in the home with a felony record because that may put the puppy at risk for being stolen by that individual.
LCA learned through victim interviews that part of the health guarantee includes taking the puppy to a vet within 48 hours, bringing a stool sample and feeding inorganic pet food. Even when these requirements have been met, victims have experienced enormous struggles being compensated for outstanding veterinary bills, if at all. Often BD gives customers the run-around and does not return calls. Victims have an easier time getting a refund from the credit card company they used to purchase the dog.
If a customer asks them where the dog they want to buy actually comes from, they are told to say, "We work within a network of the top breeders in the country, so the puppies are raised in house with each breeder." LCA discovered the salesperson has no idea where that puppy has been raised. In some cases it could be a small breeder, in other cases, the puppy is one of dozens or hundreds at a puppy mill. If a potential customer says they want to "touch the puppy before they buy it," the telemarketer is instructed to say, "We don't want the puppies to be overexposed to people and/or germs at too early of an age. Much like a newborn child, their immune system is still building and we don't want to risk the puppy's well being. I am sure health is a concern for you as well, correct?"
Breeders Direct has been called a broiler room which sells puppies. Money was the only thing they cared about. Following LCA's undercover investigation, Breeders Direct and Premium Breeders have gone out of business.


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RTO Training Materials for CPCCCA2002 Use carpentry tools and equipment
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CPCCCA2002 Learning Resources and Assessment Tools
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TotalVET's expert in-house team is developing these RTO training materials for the new CPCCCA2002 unit. It follows the standard processes and industry best practices learned through more than a decade of owning and operating registered training organisations. Its development is being overseen by industry experts to ensure that it will enable you to deliver the best quality training and assessment tools.
As with any resource you purchase from ANY vocational training materials publisher, it is recommended that you validate the tools as part of your setup so you understand and are confident in the compliance and quality of the materials before you take them to audit. Further, the validation process is the ideal opportunity for you to contextualise the materials for your learner cohort and align them with your RTOs Training and Assessment Strategy.
Request Free Samples, More Info & PricingLicensing
Back to TopCPCCCA2002 Use carpentry tools and equipment License Terms
Resources from the TotalVET Training Resources catalogue are provided with a "one-off" license fee for Unlimited Students within your RTO – meaning you pay one upfront fee and there are no ongoing per-student or annual license fees to use the training materials!
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Request Free Samples, More Info & Pricing


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(Fan poster created by deviantART user sebaz316)
Hello everyone, and welcome to another PPV review by yours truly. This time around, Hell In A Cell. I honestly can't even feign enthusiasm and I only really just woke up (slept through the PPV) so let's just get started.
Pre-show match: Kofi Kingston vs. Damien Sandow – Yes, that's right, Curtis Axel/Big E Langston isn't the pre-show match. Never fear though, if you cared about that match it did happen on the actual PPV from what they say on commentary, so I'll get to that later. Pretty meh match in retrospect, though Kofi doing a Hilo off the steps was pretty cool. Sandow wins with a Full Nelson Slam. Ok. I can live with that.
Match Rating: Solid C+ (Figured I'd get a new rating system) – Already forgotten most of what happened and there was only 2 memorable parts of the match anyway, but it was by no means a terrible match.
Writer's Note: Oh, seems I misheard. Big E's facing Dean Ambrose for the US Title on the actual PPV, not Axel for the IC Title. My bad.
Cody Rhodes & Goldust (c) vs. The Usos vs. The Shield (Roman Reigns & Seth Rollins) in a Triple Threat Tag Team match for the WWE Tag Team Championships – Wow. Just…wow. This match was AMAZING! AND IT'S ONLY THE SHOW OPENER! Good lord, if this is a sign of things to come, then this PPV may actually be worth it. With this we also get our first "Holy shit!" moment of the night when Cody superplexed Seth to the outside and onto the other men in the match. I honestly didn't think the spot would happen (as it never seems to for obvious reasons), but damn when it did I legit marked out. I noticed this match actually got a good amount of time to work with; felt like it went for at least 15 minutes. WWE also managed to trick me into thinking The Usos could win, so I tip my hat to them for actually doing that. Cody & Goldust retain after Cody hits Seth with a jumping Cross Rhodes (after almost everyone else had been taken out), and hopefully they get a decent run in before the Usos FINALLY get a run with the belts.
Match Rating: Solid A+++ – THAT is how you open a PPV.
After that match The Miz came out and challenged Bray to a fight, only to get what basically amounted to a "no" from Bray and Luke & Eric show up instead. Kane of all people returns and makes the save, only to Chokeslam Miz anyway. Just goes to show, everybody hates The Miz. Normally I don't bring up this kind of stuff when talking about PPVs, but this wasn't an entirely pointless moment so yeah, decided to bother mentioning it.
Writer's Note: After that we got Fandango & Summer Rae vs. Khali & Natalya. I could NOT be bothered to watch it, so I skipped to the end and noticed that Summer Rae won with a clean roll up. So there you go.
Dean Ambrose (c) vs. Big E. Langston for the United States Championship – This match was alright but nothing overly special. Well, except Big E getting busted open.
(rare to see black WWE wrestlers bleed)
Plus Dean Ambrose getting a bit of that blood on him and not giving a fuck, and Big E hitting Dean with a spear through the ropes. Aside from that it was standard stuff. Big E wins via count out and therefore Dean retains, with Big E. laying out Dean anyway afterwards.
Match Rating: Solid B+ – Mainly for the things I mentioned before.
CM Punk vs. Ryback & Paul Heyman in a 2-on-1 Handicap Hell In A Cell match – Not a terrible match, but since Heyman didn't even get involved the handicap aspect was completely pointless. I will however say that this match was fairly boring despite being mercifully short. Punk wins off a GTS and then sticks a kendo stick through his tights.
Then climbs up on top of the cell (Where Heyman had been the entire match) and beats Heyman up with it. So Punk wins the feud and hopefully both sides can move on to other things.
Match Rating: Solid C- – Still want the "Heyman Guys" thing to go the way of the stable of clients Heyman had back in late 02/early 03 though.
Los Matadores vs. The Real Americans – Well. Cesaro did that Giant Swing. And Los Matadores won with a tag move. I guess that's cool. Seriously though, not a bad match, but not a memorable one either.
Match Rating: Solid D- – El Torito surprisingly still doesn't bother me though
Alberto Del Rio (c) vs. John Cena for the World Heavyweight Championship – This was honestly a pretty good match; not great but good. Cena pulling off a decent Tornado DDT and diving crossbody were some highlights of his stuff, as well as rolling through on the Cross Armbreaker into a an STS (What Cena does is rarely an STF). They keep panning back to Sandow watching, but that doesn't amount to anything; shame really. Cena wins with the only successful AA of the match and I don't know whether I care or not. Kind of indifferent on him winning to a degree. I wanted Del Rio to retain, but at the same time the WHC may stop being treated like the IC Title for a while with Cena in its title scene. Cena leaves with Sandow not even so much as coming out to tease a cash in….booooooo.
Match Rating: Solid A+ – Mainly because Cena did pretty well in this match, especially coming off an injury. Props to him for breaking out some new moves.
Writer's Note: AJ vs. Brie up next….ugh, do I have to watch this? I do? God damn it.
AJ Lee (c) w/ Tamina vs. Brie Bella w/ Nikki Bella for the Diva's Championship – Wow. That wasn't as bad as I thought it might be. Brie definitely seems to be making the effort to improve at least going by how this match started. The crowd was kinda dead for them in parts though; I felt both sorry for and laughed at Nikki for having to try for two or so minutes just to get a decent slow clap from the audience. Just goes to show how little of a shit the fans give about the Bella Twins. AJ wins via submission and keeps the belt. Thank God.
Match Rating: Solid C+ – Brie wasn't terrible and AJ was AJ. Might've gone up to a B- had Brie used a Flying Mare.
Daniel Bryan vs. Randy Orton in a Hell In A Cell match for the vacant WWE Championship – Well, we finally got what we wanted at least; a WWE Champion was crowned. The match was pretty good, nothing really mind blowing but it wasn't terrible. Despite accidentally spoiling it for myself (really should've avoided Facebook completely) I was content with the finish. Triple H is Shawn's best friend, they've been hammering that in for weeks to remind us. Of course when Bryan attacks Triple H Shawn would retaliate, that's what friends do. Plus if that was blatantly supposed to be a heel turn, nobody told Shawn, since he basically sold it like he was thinking "Shit! What have I done?" and my guess is that's how they'll play it.
As far as I'm concerned though, this should be the end of Bryan's WWE Title matches for a few months. He should drop down a rung and feud with Triple H now. But that's just me, I seriously want to see a Team YES vs. Team "Best For Business" match at Survivor Series. Really though I just want them to not bother putting the belt on Bryan again until they want to give him the belt for a few months. Hell, have him win the Rumble and then win the belt at Mania; that could work if done right.
But as far as this match goes, it wasn't bad. Could've been better in spots but I don't regret watching it or anything.
Match rating: Solid B+ – And no, I didn't just give this match that rating because Bryan was in the match.
Overall PPV Rating: Solid B- – Well, the PPV wasn't complete shit, but I didn't have any expectations for it to meet. Go figure.
Match Of The Night: WWE Tag Team Championship match – I don't really need to say much else, just go and watch the match for yourself, even if it's the only match you watch from the PPV.
Closing Thoughts – Filler In A Cell more like it to be honest. I mean, good on WWE for making Los Matadores/Real Americans a PPV match to help give the tag division more exposure, but it felt more like a SmackDown match than a PPV match. Fandango/Rae vs. Khali/Natalya came outta nowhere and I didn't bother watching it to spare my sanity. Also I have to say, it's kind of sad when the match of the night is the opener. It gets your hopes up, only for the rest of the show to crush those hopes.
Good points? Well, ummm, Cena did a Tornado DDT, that was cool. We finally have a WWE Champion again, which was the only hope I had going into this PPV. The fans showed why the Bella Twins shouldn't be pushed so hard, plus AJ retained. The Usos had a strong PPV showing despite not winning, and the titles didn't change hands after only recently doing so. Yeah I'd say the outcomes were all pretty satisfying aside from Cena winning the World Heavyweight Championship. I mean, I don't hate Cena, but if this doesn't help to make the title relevant again then it's an entirely pointless run in my eyes.
All in all, this PPV could've been a lot worse, but it also could've been a lot better too. Was it better than Battleground? Yes, I can safely say that it was, though I didn't think that PPV was entirely irredeemable either. That's what low standards will get you folks. Expect nothing and you may get some satisfaction. And with that, I bid you adieu until my next article. I leave you with a sign from the PPV that actually got a laugh out of me.


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Heinrich Mueller and Robert Witschakowski on Project STS-31 - Spiralgalaxie
The split album between Heinrich Mueller and Robert Witschakowski aka The Exaltics, Project STS-31 - Spiralgalaxie, that was announced back in April is now available here for pre-order from Solar One Music and you can listen to samples of all the tracks at this link. In the image you can see what a very special and lovingly produced package this is and the various versions it comes in, including a limited Box Set, vinyl and CD. Full details on formats etc and samples of each track are available at this link. While all of the tracks are incredible, from DRL's perspective the Mueller tracks and his aliases are as follows.
Rudolf Klorzeiger - 'Globular Cluster'
Heinrich Mueller - 'Adaptive Optics'
Der Zyklus - 'Ionospheric Delay'
Der Zyklus - 'Ionospheric Delay' (extended) (CD bonus track only)
There is one surprise however as Project STS-31 appears to be a collaboration between Mueller and Witschakowski. The name comes from the Hubble Telescope itself and there are four tracks under this name, 'Density Waves', 'The Super Massive Blackhole', '5000 Light Years Away' and 'Spiralgalaxie'. Full label blurb below, ready to ship about 5th September. If you can't wait that long XLR8R are giving away one of the tracks from it, 'Messier 81' by The Exaltics at this link.
Project STS-31-Spiralgalaxie (Hubble Telescope Series Vol.3) A clash of the Titans! Celebrating Solar One Music's 40th release and 10th anniverary, this split LP sees two stars under various disguises, Heinrich Mueller (aka Der Zyklus and various other projects) and German producer Robert Witschakowski aka The Exaltics, back to back in a no return odyssey through the depths of the Galaxy. Expect nothing but contemplative and cosmic electro beats using original outer-space sounds from the Universe. Closing the Hubble telescope trilogy which brought to you Luxus Varta and more recently E.R.P. (respectively with the "Everything Is Nothing" and "Ancient Light" EP's), trippy "Spiralgalaxie" will mark a new step in SOM's History. As usual, the final chapter of the series dedicated solely to Hubble and all the great scientists and engineers at the NASA and ESA, comes with a beautiful cover print picture taken by the Space Telescope.


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Once I've made the decision to get new running, is it okay to use my old running shoes as walking shoes (to and from the workplace / around the neighbourhood) or is the only appropriate place for old running shoes the donation bin or the trash?
I guess this slightly depends on wear as well. When would be the ideal time so you could get the maximum amount of usage?


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GIF & Caption (the one in the picture, smartass) by Swear Trek |
I continue to stumble forward in my work on The Nameless Way. I'm still not as productive as I should be, at least not consistently, but apparently it's the best I can do for now. I'll keep trying to do better, of course. Apart wanting to see this one complete, I have other things I need to write afterwards. Oh, also, I got rid of that Wordpress site I had for it because I don't know why I made that in the first place. Anyway, the book is gonna be awesome if I can finish it before I get hit by a super-tornado or something.
Some things got a little out of control in 2018. I'm leaving this vague because I'd like you to imagine a bunch of awesome "crazy artist" stuff and pretend that's what I did. The reality was boring. I think I've got stuff patched together well enough, now. It's not like I had a magical epiphany and solved everything, but if you want to tack that onto the end of the crazy artist breakdown in our little narrative, feel free.
Back in 2017, Julian May died. While this is, of course, sad, the event indirectly did something good for me. I read her Saga of Pliocene Exile back in the 80s. She was a huge influence on me. When I first got serious about being a writer, Julian May was the writer I wanted to be.
The funny thing is, I had forgotten that. After she died, I decided that I needed to reconnect with my literary roots, so I re-read the Pliocene books and now I'm re-reading the Intervention ones. I'm especially looking forward to getting to the Milieu series because, criminally, I never got around to reading those. And it's all been kaleidoscopic.
I've got a new wallpaper/color scheme thingie for this blog. Relatively new, anyway. I'm still trying it on, but it'll probably be here for a bit.
Also this year, I dropped out as a partner of Peryton Publishing. I had been thinking about it for a while. There's not any personal drama behind it or anything like that. I lost interest in game design a while back. Since I realized this and stopped, I've become more and more certain that it isn't just a mood. I don't miss it at all. It goes back to that "don't find your bliss; find what you're willing to suffer for" meme. Some of the stuff associated with game design can be fun, but I'm not willing to suffer for it. Now that I'm done suffering for it, I don't even want to touch the fun parts. I just don't care enough about games to do anything special with them. That being the case, there didn't seem to be much point in keeping my name on a game design company. I still help out with it, though, and the stuff I did is still there. Also, of course, I still play games.
Happy New Year!


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Both President Donald Trump and President-elect Joe Biden offered their support on Thursday of a $900 billion stimulus plan hatched between a bipartisan group of moderate senators earlier this week.
Trump said on Thursday he would sign the bill if it passes through Congress.
"I think they're getting very close and I want it to happen," Trump said from the Oval Office.
Senate Majority Leader Mitch McConnell offered optimism that an agreement is within reach.
"Compromise is within reach," he said from the Senate floor on Thursday. "We know where we agree, we can do this. Let me say it again--we can do this. And we need to do this."
Senate Minority Leader Chuck Schumer seemed less certain of a potential compromise.
"For some reason, in the midst of this generational crisis, Republican Leader McConnell does not seem inclined to compromise," Schumer said. "To actually get something done. But what he wants to do is posture. To put partisan bills on the floor and say take it or leave it. The real answer here is to sit down and talk."
During an interview with CNN's Jake Tapper on Thursday, Biden said that Democrats should support the bill, even though he says the legislation does not go far enough.
"That would be a good start. It's not enough," Biden told Tapper.
Biden has promised a larger stimulus package once taking office in January. While Democrats will hold the White House and House of Representatives, it's still unknown who will control the Senate. Georgia will have a pair of run-off elections in January. Democrats will need to win both races in order to allow Vice President-elect Kamala Harris to cast the tiebreaking vote in a 50/50 Senate.
The proposal would provide $300 in additional unemployment benefits for up to 18 weeks. The legislation also would replenish funds for the Paycheck Protection Program and for small businesses to help make payroll as a number of companies are being forced to close to help combat the spread of the coronavirus. The current proposal calls for $288 billion to go toward support for small businesses.
There would also be $160 billion earmarked for state and local governments, which have seen a drop in tax revenue due to the pandemic. There is in additional $45 billion allocated toward the transportation industry, most notably for airlines, which have seen an over 50% reduction in business since March.
However for Americans hoping to see a second stimulus check, this bill comes short on that aspect.
Treasury Secretary Steve Mnuchin said that talks of direct payments to Americans are dead at the moment.
"I would say at the moment they are, but again, that's something that can be considered down the road," Mnuchin said.


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Sita - Black Semi Silk Saree
- Regular price
Rs. 1,499.40 - Regular price
Rs. 2,499.00 - Sale price
Rs. 1,499.40
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Kamali- Shade of Dark Blue Kota Saree
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Kamali Kota Saree - Pastel Green
Pre-Pleated Dhavani


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In my summaries of the cosmetic procedures and surgeries that many people go out of country for, it looks as though in 2004-2005 I was working from head to toe … the last sections being mostly about the head and face and this one moving down to the torso.
Chapter 4 Page 4 | Breasts, Arms and Tummies …
However, it's coincidence. In the next post, we'll be back up to the hair and then down to the legs. I honestly cannot recall if there was a reason for the order in which I placed the procedures in Chapter 4 of Beauty from Afar. It is conceivable that they appear in the order in which I thought of them.
I'm surprised by this, considering the amount of effort I remember putting in to organizing where things went. But I'm not going to go all alphabetical on you now.


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"Control At A Distance" is a very interesting article over at Balkinization about Amazon.com using the internet to delete copies of George Orwell's books 1984 and Animal Farm from various people's Kindles after learning that the publisher did not want to grant the rights to Kindle. Jack Balkin cleverly points out that "the irony of deleting a book about Big Brother watching you was lost on both the publisher and Amazon.com." He also makes the following commentary:
"For centuries, we have understood, or rather believed, that owning books came with certain rights, including the right to keep what we purchase and to use it, mark it up, and sell it in any way we like. We were free to purchase books and keep them in our homes, without telling anybody what we were reading, or indeed, what page we had last looked at. Amazon's Kindle system upends all of these expectations. Amazon knows what books you have on your Kindle, and, in theory, it can even know the book you are currently reading, and even the last page you've read on each of the books you own. It can delete books, add books, or modify books, all without your permission. It can change features of the Kindle at will. In upending our assumptions about our freedoms to read books in private and use them as we see fit, Amazon threatens many of the basic freedoms to read we have come to expect in a physical world. If we want to preserve these freedoms, we will have to reform copyright law and privacy law to control the new intermediaries who can control us at a distance."


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A break from the regular school routine may be a welcome change, but for many teens, summer is just as busy as the school year. Jobs, athletic activities and social events can keep that so-called "break" jam-packed with action.
Time management is essential, but there are some other easy steps teens can take to save time and make sure there's at least a little room left to kick back and enjoy all that summer has to offer.
- Get organized. Precious minutes tick away while searching for lost keys or phones, or finding the perfect shirt for a night out with friends. Taking a little time to get organized will pay off in the long run. Create a specific place, such as a shelf or basket, to hold items that get used every day so you always know where to look. Also take time to put away laundry and hang clothes, and skip the wasteful rummaging that results from an untidy room and closet.
- Be prepared. Even when you're on the go, taking care of yourself is important. Create a portable pack, whether you're headed out for a day at the beach or an impromptu camping trip, because pimples are unpredictable and can appear at a moment's notice. Make sure your skin stays clean and clear by including an easy-to-use, mess-free OXY On-The-Go Acne Stick, which is conveniently packaged in a slim, solid form and clinically proven to kill acne-causing bacteria so you can spot-treat acne at any time. Learn more at oxyskincare.com.
- Use screen time wisely. It's easy to get sucked into hours of catching up on social media or pulled into a game where you're trying to conquer just one more achievement. Avoid getting yourself into a time crunch by simply setting down your phone or controller when you have other obligations. Save the screen time for a break or treat it as a reward for accomplishing a task.
- Keep a schedule. Flitting from one spot to the next all summer long can make it tough to keep track of where you're supposed to be and when. Writing down details like your work schedule and game times can help ensure you never miss a beat. You can also use your schedule to keep track of to-dos like registering for fall classes or chores around the house.
- Make time for meals. Skipping meals isn't only unhealthy, it's likely to slow you down when you get hungry and have to stop for a snack at an inconvenient time. Look for healthy on-the-go foods that you can eat in transit, or dedicate a little time one day a week to prepare snacks and meals for the week ahead so you can still stay nourished when you're in a time crunch.
A busy summer may not feel like much of a vacation, but if you work to manage and save time where you can, you'll be able to carve out some much needed rest and relaxation.
Photo courtesy of Getty Images
OXY Skincare


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Wuan and I met up with Victor Chin at The Gardens Mall last Saturday. If anything, we are bound together by our love for photography, with Victor constantly encouraging us to work on photography projects from unusual perspectives. We are grateful for the opportunity to learn from him. At the meeting, he surprised us with an early Christmas gift, a coffee table photobook. It is a collection of work from National Geographic photographers from around the world titled "Visions of Paradise". Many of the images are sights most of us will never have the chance to train our cameras on. Thanks Victor, for the beautiful gift.
National Geographic's Visions of Paradise – an early Christmas present from Victor Chin.
Paradise through the lens of a National Geographic photographer.


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