text:
BANK OF AMERICA, NA v. KABBA
Case Number: 109660
Decided: 03/06/2012
BANK OF AMERICA, NA, Plaintiff/Appellee,
MOMODU AHMED KABBA, Defendant/Appellant,
HUMU HAWAH KABBA, JOHN DOE and JANE DOE, Defendants.
¶0 Appeal of a June 13, 2011, summary judgment granted in favor of Bank of America, NA, against Momodu Ahmed Kabba (hereinafter Kabba) and his wife Humu Hawah Kabba (defendant below). This Court retained the matter on August 18, 2011. Kabba appeals the granting of Summary Judgment asserting Bank of America, NA, did not have standing to bring the action.
A. Grant Schwabe, KIVELL, RAYMENT AND FRANCIS, Tulsa, Oklahoma, for Plaintiff/Appellee.
James P. Cates, BAER TIMBERLAKE COULSON & CATES, PC, Oklahoma City, Oklahoma, for Plaintiff/Appellee.
J.R. Matthews, J R MATTHEWS LLC, Oklahoma City, Oklahoma, for Defendant/Appellants.
¶1 In a petition filed on March 11, 2010, Bank of America, NA, claiming to be the present holder of the note (hereinafter Bank of America) initiated a foreclosure action against Kabba and his wife. Bank of America claimed, at that time, to hold the note and mortgage as Successor by Merger to LaSalle Bank National Association, as Trustee under the Trust agreement for the Structured Asset Investment Loan Trust Series 2004-BNC2. A review of the note shows a blank indorsement. This blank indorsement was filed with the lower court for the first time in the motion for summary judgment. The blank indorsement was not mentioned or referenced in the original petition.
BNC Mortgage, Inc., was the original lender. Bank of America filed with the Court Clerk of Cleveland County, a document entitled "Assignment of Real Estate Mortgage" on January 17, 2011, therein claiming the assignment to be effective as of February 9, 2010. This was nine months after the filing of the petition to foreclose. Additionally, this "Assignment of Mortgage," signed by Mortgage Electronic Registrations Systems, Inc. (hereinafter MERS), as nominee for BNC Mortgage, Inc., and its successors and assigns, merely named Bank of America as Successor by Merger to LaSalle Bank National Association, as Trustee under the Trust agreement for the Structured Asset Investment Loan Trust Series 2004-BNC2. There was no mention of the note in this "Assignment of Mortgage". On June 13, 2011, Summary judgment was granted and memorialized by a Final Journal Entry of Judgment order in Bank of America's favor, against Kabba and his wife. Kabba appeals this summary judgment asserting Bank of America failed to demonstrate standing.
¶2 An appeal on summary judgment comes to this court as a de novo review. Carmichael v. Beller, 1996 OK 48, ¶2, 914 P.2d 1051, 1053. All inferences and conclusions are to be drawn from the underlying facts contained in the record and are to be considered in the light most favorable to the party opposing the summary judgment. Rose v. Sapulpa Rural Water Co., 1981 OK 85, 621 P.2d 752. Summary judgment is improper if, under the evidentiary materials, reasonable individuals could reach different factual conclusions. Gaines v. Comanche County Medical Hospital, 2006 OK 39, ¶4, 143 P.3d 203, 205.
¶3 Appellant argues Appellee does not have standing to bring this foreclosure action. Although Appellee has argued it holds the note, there is nothing in the record that shows when Appellee became the holder. The face of the note indicates it was indorsed in blank. However, this indorsement was not filed with the petition but with the motion for summary judgment. The purported "Assignment of Mortgage" was filed after the filing of the foreclosure proceedings and was signed by MERS, and not BNC Mortgage, Inc. The "Assignment of Mortgage" at no time mentioned the note.
¶4 The issue presented to this Court is standing. This Court has previously held:
Standing, as a jurisdictional question, may be correctly raised at any level of the judicial process or by the Court on its own motion. This Court has consistently held that standing to raise issues in a proceeding must be predicated on interest that is "direct, immediate and substantial." Standing determines whether the person is the proper party to request adjudication of a certain issue and does not decide the issue itself. The key element is whether the party whose standing is challenged has sufficient interest or stake in the outcome.
Matter of the Estate of Doan, 1986 OK 15, ¶7, 727 P.2d 574, 576. In Hendrick v. Walters, 1993 OK 162, ¶ 4, 865 P.2d 1232, 1234, this Court also held:
Respondent challenges Petitioner's standing to bring the tendered issue. Standing refers to a person's legal right to seek relief in a judicial forum. It may be raised as an issue at any stage of the judicial process by any party or by the court sua sponte. (emphasis original)
Furthermore, in Fent v. Contingency Review Board, 2007 OK 27, footnote 19, 163 P.3d 512, 519, this Court stated "[s]tanding may be raised at any stage of the judicial process or by the court on its own motion." Additionally in Fent, this Court stated:
Standing refers to a person's legal right to seek relief in a judicial forum. The three threshold criteria of standing are (1) a legally protected interest which must have been injured in fact- i.e., suffered an injury which is actual, concrete and not conjectural in nature, (2) a causal nexus between the injury and the complained-of conduct, and (3) a likelihood, as opposed to mere speculation, that the injury is capable of being redressed by a favorable court decision. The doctrine of standing ensures a party has a personal stake in the outcome of a case and the parties are truly adverse.
Fent v. Contingency Review Board, 2007 OK 27, ¶7, 163 P.3d 512, 519-520. In essence, a plaintiff who has not suffered an injury attributable to the defendant lacks standing to bring a suit. And, thus, "standing [must] be determined as of the commencement of suit; . . ." Lujan v. Defenders of Wildlife, 504 U.S. 555, 570, n.5, 112 S.Ct. 2130, 2142, 119 L.Ed. 351 (1992).1
¶5 To commence a foreclosure action in Oklahoma, a plaintiff must demonstrate it has a right to enforce the note and, absent a showing of ownership, the plaintiff lacks standing. Gill v. First Nat. Bank & Trust Co. of Oklahoma City, 1945 OK 181, 159 P.2d 717.2 An assignment of the mortgage, however, is of no consequence because under Oklahoma law, "[p]roof of ownership of the note carried with it ownership of the mortgage security." Engle v. Federal Nat. Mortg. Ass'n, 1956 OK 176, ¶7, 300 P.2d 997, 999. Therefore, in Oklahoma it is not possible to bifurcate the security interest from the note. BAC Home Loans Servicing, L.P. v. White, 2011 OK CIV APP 35, ¶ 10, 256 P.3d 1014, 1017. Because the note is a negotiable instrument, it is subject to the requirements of the UCC. A foreclosing entity has the burden of proving it is a "person entitled to enforce an instrument" by showing it was "(i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 12A-3-309 or subsection (d) of Section 12A-3-418 of this title." 12A O.S. 2001 §3-301.
¶6 To demonstrate you are the "holder" of the note you must establish you are in possession of the note and the note is either "payable to bearer" (blank indorsement) or to an identified person that is the person in possession (special indorsement).3 Therefore, both possession of the note and an indorsement on the note or attached allonge4 are required in order for one to be a "holder" of the note.
¶7 To be a "nonholder in possession who has the rights of a holder" you must be in possession of a note that has not been indorsed either by special indorsement or blank indorsement. Negotiation is the voluntary or involuntary transfer of an instrument by a person other than the issuer to a person who thereby becomes its holder. 12A O.S. 2001, § 3-201. Transfer occurs when the instrument is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. 12A O.S. 2001, § 3-203. Delivery of the note would still have to occur even though there is no negotiation. Delivery is defined as the voluntary transfer of possession. 12A O.S. 2001, § 1-201(b)(15). The transferee would then be vested with any right of the transferor to enforce the note. 12A O.S. 2001, 3-203(b). Some jurisdictions have held, without holder status and therefore the presumption of a right to enforce, the possessor of the note must demonstrate both the fact of the delivery and the purpose of the delivery of the note to the transferee in order to qualify as the person entitled to enforce. In re Veal, 450 B.R. 897, 912 (B.A.P. 9th Cir. 2011). See also, 12A O.S. 2001, § 3-203.
¶8 In the present case, Appellee has only presented evidence of an indorsed-in-blank note and an "Assignment of Mortgage." Appellee must prove that it is the holder of the note or the nonholder in possession who has the rights of a holder prior to the filing of the foreclosure proceeding. In the present matter the timeliness of the transfer is in question. Since Bank of America did not file the blank indorsement until it filed its motion for summary judgment it is impossible to determine from the record when Bank of America acquired its interest in the underlying note.
¶9 The assignment of a mortgage is not the same as an assignment of the note. If a person is trying to establish they are a nonholder in possession who has the rights of a holder they must bear the burden of establishing their status as a nonholder in possession with the rights of a holder. Appellee must establish delivery of the note as well as the purpose of that delivery. In the present case, it appears Appellee is trying to use the "Assignment of Mortgage" in order to establish the purpose of delivery. The "Assignment of Mortgage" purports to transfer "[f]or value received, the undersigned, Mortgage Electronic Registration Systems, Inc., as nominee for BNC Mortgage, Inc., and its successors and assigns does hereby assign, transfer and set over unto Bank of America, National Association as Successor by Merger to LaSalle Bank National Association, as Trustee under the Trust Agreement for the Structured Asset Investment Loan Trust Series 2004-BNC2, that certain real estate mortgage dated August 30, 2004, granted by Momodu Ahmed Kabba and Humu Hawah Kabba, husband and wife…." This language has been determined by other jurisdictions to not effect an assignment of a note but to be useful only in identifying the mortgage. Therefore, this language is neither proof of transfer of the note nor proof of the purpose of any alleged transfer. See, In re Veal, 450 B.R. 897, 905 (B.A.P. 9th Cir. 2011).
¶10 Appellee must show it became a "person entitled to enforce" prior to the filing of the foreclosure proceeding. In the present case, there is a question of fact as to when and if this occurred and summary judgment is not appropriate. Therefore, we reverse the granting of summary judgment by the trial court and remand back for further determinations. If it is determined Bank of America became a person entitled to enforce the note, as either a holder or nonholder in possession who has the rights of a holder after the foreclosure action was filed, then the case may be dismissed without prejudice and the action may be re-filed in the name of the proper party.
¶11 It is a fundamental precept of the law to expect a foreclosing party to actually be in possession of its claimed interest in the note, and to have the proper supporting documentation in hand when filing suit, showing the history of the note, so that the defendant is duly apprised of the rights of the plaintiff. This is accomplished by showing the party is a holder of the instrument or a nonholder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce the instrument pursuant to 12A O.S. 2001, § 3-309 or 12A O.S. 2001, § 3-418. Likewise, for the homeowners, absent adjudication on the underlying indebtedness, the dismissal cannot cancel their obligation arising from an authenticated note, or insulate them from foreclosure proceedings based on proven delinquency and therefore, this Court's decision in no way releases or exonerates the debt owed by the defendants on this home. See, U.S. Bank National Association v. Kimball 27 A.3d 1087, 75 UCC Rep.Serv.2d 100, 2011 VT 81 (VT 2011); and Indymac Bank, F.S.B. v. Yano-Horoski, 78 A.D.3d 895, 912 N.Y.S.2d 239 (2010).
1 The dissenting opinion in this matter relies upon Justice Opala's concurring opinion in Toxic Waste Impact Group, Inc. v. Leavitt, 1994 OK 148, 890 P.2d 906, for the proposition that standing is not a jurisdictional question. Justice Opala's concurring opinion was not the majority opinion of this Court and as such "a minority opinion has no binding, precedential value." 20 Am.Jur. 2d Courts §138.
2 This opinion was promulgated prior to the enactment of the UCC. It is, however, possible for the owner of the note not to be the person entitled to enforce the note if the owner is not in possession of the note. (See the REPORT OF THE PERMANENT EDITORIAL BOARD FOR THE UNIFORM COMMERCIAL CODE, APPLICATION OF THE UNIFORM COMMERCIAL CODE TO SELECTED ISSUES RELATING TO MORTGAGE NOTES (NOVEMBER 14, 2011)).
3 12A O.S. 2001, §§ 1-201(b)(21), 3-204 and 3-205.
4 According to Black's Law Dictionary (9th ed. 2009) an allonge is "[a] slip of paper sometimes attached to a negotiable instrument for the purpose of receiving further indorsements when the original paper is filled with indorsements." See, 12A O.S. 2001, § 3-204(a).
GURICH, J., with whom WINCHESTER, J. joins dissenting:
¶1 I respectfully dissent. In this case, the record indicates that attached to Plaintiff's Motion for Summary Judgment was an indorsed-in-blank note, an assignment of mortgage, and an affidavit verifying Plaintiff was the holder of the note and mortgage.1 Because the Plaintiff was the proper party to pursue the foreclosure and because the Plaintiff presented the proper documentation at summary judgment to prove such, I would affirm the trial court.
¶2 The majority states that "[t]o commence a foreclosure action in Oklahoma, a plaintiff must demonstrate it has a right to enforce the note, and absent a showing of ownership, the plaintiff lacks standing," citing Gill v. First Nat. Bank & Trust Co., 1945 OK 181, 159 P.2d 717.2 See Majority Op. ¶ 5. I agree that in any foreclosure action a party must demonstrate it is the proper party to request adjudication of the issues. However, the issue of whether a party is the proper party to request adjudication of the issues is a real-party-in-interest issue, not an issue of "standing," as the majority frames it. See Toxic Waste Impact Group, Inc. v. Leavitt, 1994 OK 148, 890 P.2d 906 (Opala, J., concurring). Justice Opala framed the issue correctly in Toxic Waste Impact Group:
Standing in the federal legal system is imbued with a constitutional/jurisdictional dimension, while in the body of state law it fits under the rubric of ordinary procedure. The U.S. Constitution, Article III, has long been held to require that a "case" or "controversy" is essential to invoke federal judicial jurisdiction and that a person's competence to bring an action is a core component of standing in a case-or-controversy inquiry. It is for this reason that standing is an integral part of the mechanism for invoking the federal judiciary's power.
Oklahoma's fundamental law places no restraint on the judiciary's power analogous to the federal case-or-controversy requirement. Under the earlier Code of Civil Procedure the suit had to be brought by the real party in interest. That requirement has always been non-jurisdictional. If a state court proceeded to adjudicate a claim pressed by one not in that status, its decision was not fraught with jurisdictional infirmity but rather regarded as erroneous for want of proof to establish an important element of the claim. An error in this category is waivable at the option of the defendant; and, if not asserted on appeal, the reviewing court may reach the merits of the case despite a plaintiff's apparent lack of standing at nisi prius.
Toxic Waste Impact Group, Inc. v. Leavitt, 1994 OK 148, 890 P.2d 906 (Opala, J., concurring, ¶¶ 2-3) (emphasis added); see also Black Hawk Oil Co. v. Exxon, 1998 OK 70, ¶ 24, 969 P.2d 337, 344 ("Using the term 'standing' to designate real-party-in-interest issues tempts courts to apply standing principles outside the context in which they were developed. . . . A defendant is entitled to have the suit against him prosecuted by the 'real party in interest' but 'his concern ends when a judgment for or against the nominal plaintiff would protect defendant from any action on same demand by another.") (Watt, J., Majority Op.)
¶3 The majority in this case cites Hendrick v. Walters, 1993 OK 162, ¶ 4, 865 P.2d 1232, 1234 and Fent v. Contingency Review Board, 2007 OK 27, n.19, 163 P.3d 512, 519 for the proposition that "standing may be raised at any stage of the judicial process or by the court on its own motion." See Majority Op. ¶ 4. Those cases cite Matter of the Estate of Doan, 1986 OK 15, ¶ 7, 7272 P.2d 574, as authority for this proposition. Arguably, however, Doan misstates the law:
Ever since the Code of Civil Procedure was replaced in 1984 by the Pleading Code, our nomenclature for identifying the party entitled to sue, which began to follow that of federal jurisprudence, has used "standing" as if it were a functional equivalent of the earlier procedural terms of art–real party in interest, one with appealable interest, one occupying the aggrieved-party or pecuniary-interest status. It was during this transition that one of our opinions inadvertently referred to "standing" in terms of a jurisdictional requirement, thus creating the misimpression that the term has a jurisdictional dimension. Oklahoma's constitution has no case-or-controversy clause. Standing is hence to be viewed as an adjective-law concept. The inadvertent reference to the contrary should be treated as ineffective to alter standing's true character in the body of our procedural law.
. . . .
I concur in today's opinion and in the disposition of the cause. If I were writing for the court, I would additionally declare that Doan's inadvertent reference to federal law is to be viewed as withdrawn. Lujan's tripartite standing test, which we adopt today, must be treated as having been received sans its federal jurisdictional baggage.
See Toxic Waste Impact Group, 1994 OK 148 (Opala, J., concurring ¶ 4).
¶4 Additionally, both Hendrick and Fent were original actions in this Court. As such, "standing" could have been raised at any point by this Court sua sponte. However, in a proceeding in District Court, because it is a non-jurisdictional issue, failure to assert that the Plaintiff is not the real party in interest may be waived. See Liddell v. Heavner, 2008 OK 6, n.5, 180 P.3d 1191 (Opala, J., Majority Op.); see also 12 O.S. 2012 § 2008(D).
¶5 In this case, the facts demonstrate that the Defendant argued below that Plaintiff did not have a stake in the foreclosure and was not the real party in interest. As such, the issue was properly appealed. However, the facts also demonstrate that the Plaintiff was in fact the real party in interest and was the proper party to pursue the foreclosure. 12 O.S. 2012 § 2017. As such, I would affirm the trial court.
¶6 The majority also holds that a foreclosing party must have the "proper supporting documentation in hand when filing suit." See Majority Op. ¶ 10 (emphasis added). Oklahoma pleading procedure does not require a plaintiff to have all evidence necessary to prevail on its claim at the time of the filing. Rather, what is required is a "short and plain statement of the claim showing that the pleader is entitled to relief." 12 O.S. 2012 § 2008(A)(1). Additionally, 12 O.S.2012 § 2011(B)(3) provides that an attorney filing anything with the court certifies that to "the best of the person's knowledge, information and belief, formed after an inquiry reasonable under the circumstances . . . the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery." 12 O.S. 2012 § 2011(B)(3) (emphasis added).3
¶7 Mortgage foreclosures, like other civil actions, allow the parties to continue to investigate and discover evidence up until the time of judgment. In this case, the Plaintiff continued to investigate its claim up until the time of summary judgment. At the time of summary judgment it offered sufficient proof to the trial court that it had the right to foreclose on the mortgage.4
¶8 Plaintiff satisfied its burden of proof, and the trial court was correct in sustaining the motion and granting judgment to the Plaintiff. On appeal where no evidence indicates otherwise, there is a presumption that the judgment of the trial court conforms to the proof present at the trial. Gilkes v. Gilkes, 1964 OK 28, 389 P.2d 503. I cannot agree with the majority's holding that the plaintiff must have the "proper supporting documentation in hand when filing suit" because no authority states such and the Oklahoma pleading code requires otherwise. The procedure imposed by the majority in this case will result in delay, will not affect the inevitable outcome of foreclosure, and will increase the homeowner's debt. 5
1 The record also indicates that the Defendant filed an answer and counterclaim pro se, but was later represented by counsel who filed a Combined Response and Objections to Plaintiff's Motion for Summary Judgment and a Counter-Motion for Summary Judgment. At the hearing on the motions, the trial judge considered arguments of Counsel for the parties and reviewed the evidentiary materials offered, including the original note, the original mortgage, the assignment of the mortgage, and the affidavit.
2 In Gill, the plaintiff brought an action to foreclose a mortgage on real property. There was no discussion in the case of whether the plaintiff had standing to bring the action or whether the plaintiff was the real party in interest. In fact, the case was tried to the Court, and the appeal turned on the sufficiency of evidence presented at trial. The Gill decision stands for the proposition that the assignment of the note carries with it an assignment of the mortgage. It is not relevant to the standing analysis, nor does it stand for the proposition that the plaintiff must prove at the time of filing that it has a right to enforce the note.
3 Likewise, while I agree that the UCC applies in this case because the note is a negotiable instrument, the UCC does not require that a foreclosing entity prove at the time of filing that it is the person entitled to enforce the instrument.
4 Rule 13 of the Rules for District Courts permits a party to file evidentiary material with a motion for summary judgment. In this case, Plaintiff offered an indorsed-in-blank note, an assignment of mortgage, and an affidavit verifying Plaintiff as the holder of the note and mortgage.
5 On remand, rather than dismiss the petition, the trial court may allow the Plaintiff to amend its petition. HSBC Bank USA v. Lyon, 2012 OK 10, ¶ 1, __ P.3d __.© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.


text:
If the Playoffs Started Today
League Leaders
Batting Average – Justin Morneau – .344
Runs – Kevin Youkilis (BOS) – 65
Home Runs – Jose Bautista (TOR) – 21
Runs Batted In – Vladimir Guerrero (TEX) – 70
Stolen Bases – Juan Pierre (CHW) – 30
Wins – Ubaldo Jimenez (COL) – 14
Saves – Heath Bell (SD) – 23
ERA – Josh Johnson (FLA) – 1.82
Strikeouts – Jered Weaver (LAA) – 124
WHIP – Cliff Lee (SEA) – 0.95
Roster Movement
To the Disabled List: Dallas Braden, Shaun Marcum, Jason Varitek, Manny Delcarmen, Luke Scott, Chase Utley, Placido Polanco, Jason Heyward, Victor Martinez, Joel Zumaya, Shin-Soo Choo, Will Venable, Manny Ramirez,
Return from the Disabled List: J.J. Hardy, Tim Stauffer, Jair Jurrjens, Matt Diaz, Chad Billingsley, Bud Norris
To the Minors: Max Ramirez, Dontrelle Willis,
Called Up: Edwin Encarnacion, Marc Rzepczynski, Dustin Moseley, Josh Bell, Dexter Fowler, Michael Brantley,
- The Rangers acquired C Bengie Molina from the Giants for P Chris Ray, minor league P Michael Main, and cash.
- The Red Sox acquired C Kevin Cash from the Astros for minor leaguer Angel Sanchez.
Top Stories and Weekly Links
- I think that the biggest surprise of the week has to be the firing of both manager A.J. Hinch and general manager Josh Byrnes in Arizona on Thursday. Ben Nicholson-Smith of MLBTradeRumors wrote up a pretty solid post with some gathered reactions around the Majors about this, and Mark Polishuk of MLBTradeRumors also had a pretty good write up of the history of both men with the Diamondbacks.
- July 2nd was the start of the international free agent signing period, and there was a surprisingly large amount of action out of the Athletics, who signed 3 players out of Venezuela according to MLBTradeRumors.
- The Phillies and the Red Sox both seem to be walking MASH units, as the Phillies lost All-Star 2B Chase Utley for 8 weeks with a thumb injury, and 3B Placido Polanco to the disabled list as well. Over in Boston, they can't buy a break that doesn't hurt them, as they lost both Victor Martinez and Jason Varitek to the disabled list this week.
- The All Star teams were announced on Sunday morning. I wrote up my predictions late on Saturday of who I thought would make the team, and the one thing that stands out to me more than any other is the snub of both Joey Votto and Jered Weaver. I will have more of my reactions up on Thursday.
- Stephen Strasburg made two starts, and it looks like the league may be starting to catch up a little bit, as he struggled in his start on Saturday. He's going to be just fine long term, and I think these struggles are what the National were hoping he would have while in the minors.
- The Diamondbacks struggled really badly on Saturday, committing 6 errors with the "B" team of Tony Abreu and Rusty Ryal both playing out in the field. Even Vin Scully didn't have a whole lot to say that was good about how they played, but was pretty happy the Dodgers won.
From the Twitter Followers
If you aren't yet, you can follow me over at Twitter here. These are some of the better reads from the Twitter followers from last week.
- From 2131andBeyond: 2131 and Beyond follows his favorite team, the luckless Baltimore Orioles. His most recent post of June's Tweets of the Day about the Orioles was a pretty good read, and had some other excellent posts recently as well.
- From CapitolAvenue: Peter Hjort runs a really good Atlanta Braves blog over at Capitol Avenue Club. He wrote up the previous snubs of Brian McCann from the All-Star game this week, and after reading it, I am a bit glad that McCann made it this season. The National League catchers aren't particularly strong, and McCann is still the signal caller for the 1st place Braves.
- From HOVG: The Hall of Very Good does a lot of writeups about players in relation to the Hall of Fame. This week they looked at the career of non-All Star Billy Wagner of the Braves and previously at his case for the Hall of Fame.
Upcoming Posts This Week:
Tuesday and Wednesday: Midseason Prospect Review – I will be taking a look at the players that I reviewed back in January and February to see what they have been up to so far, and see which ones have progressed, and which ones are having some difficulties.
Thursday: My Review of the All-Star Rosters – I will look at the announced All-Star rosters, some snubs and undeserving players, and comparing them to the rosters I built as a part of my Month in Review on last Thursday.
Friday: Trade Retrospective of Frank Viola to the Mets – The trade, completed midway through the 1989 season, had a pretty significant impact on the pennant races for that year, and I'll take a look back at how each team ended up doing overall in the trade, and what return they got.

subset: commoncrawl


text:
As President Barack Obama is set to begin his second term next week, he finds himself with a job-approval rating above 50 percent and with majorities supporting his general direction on gun control and immigration, according to a new NBC News/Wall Street Journal poll.
But he also confronts an American public holding mixed attitudes about the next four years, concerns about the economy and a belief that tougher times lie ahead.
Click here for the full poll (.pdf)
It's a stark reversal from four years ago, when Obama's first inauguration – despite taking place in the midst of the Great Recession – contained high expectations and seemed more like a "coronation," says Democratic pollster Peter D. Hart, who conducted the survey with Republican pollster Bill McInturff.
"If 2009 was all about hope, 2013 is about the ability to cope," Hart adds of the public's lower expectations about the economy and reducing partisanship in Washington.
General support for Obama's gun, immigration agenda
In the poll, 52 percent of adults approve of the president's overall job performance, which is down one point from last month. In addition, 49 percent approve of his handling of the economy, versus 48 percent who disapprove.
What's more, the public appears to be receptive to the broad outlines of his top agenda items for a second team.
Mandel Ngan / AFP - Getty Images file
President Barack Obama speaks on proposals to reduce gun violence on Jan. 16, 2013 in the South Court Auditorium of the Eisenhower Executive Office Building, next to the White House in Washington.
Fifty-six percent believe that the laws covering the sale of firearms should be stricter, compared with a combined 42 percent who want them less strict or kept the same.
That's the most support on this particular question since 2006, but it's less than the 60 percent to 70 percent who supported stricter gun laws during the 1990s, including when Congress passed an assault-weapons ban in 1994.
Related: NRA more popular than entertainment industry, poll says
Also, for the first time in the poll, a majority of Americans -- 52 percent -- favor allowing illegal immigrants who hold jobs to apply for legal status in this country.
And in the latest fiscal fight in Washington, more respondents say they would blame congressional Republicans (45 percent) than Obama and congressional Democrats (33 percent) if the nation's debt limit isn't raised and the country is unable to meet its obligations.
As for views on Obama's qualities as president, he gets the best marks for being easygoing and likeable (61 percent give him high marks here), having the ability to handle a crisis (55 percent), being compassionate (53 percent), being knowledgeable and experienced (53 percent) and being a good commander in chief (51 percent).
His lowest marks come on achieving his goals (44 percent give him high marks here), working effectively with Congress (29 percent) and changing business as usual in Washington (28 percent).
'A lack of buoyancy'
Yet looking ahead to Obama's next four years in office, Americans have tempered their expectations.
The public is split how Obama will fare in a second term, with a majority of respondents -- 51 percent -- saying they're either "optimistic" or "satisfied."
By comparison, a combined 48 percent say they are "uncertain" or "pessimistic."
Asked another way, 43 percent are optimistic about the next four years, while 35 percent are pessimistic; 22 percent have a mixed opinion.
The Daily Rundown's Chuck Todd talks about President Barack Obama's new set of gun control proposals.
In addition, more than seven in 10 are dissatisfied with the current state of the economy, and just more than a third are either "very" or "fairly" confident in Obama's ability to promote a strong and growing economy.
And 60 percent believe the coming year will be a time to hold back and save because of harder times ahead, versus 34 percent who instead think it will be a time of economic expansion and opportunity.
"The poll reveals a lack of buoyancy in looking ahead," Hart, the Democratic pollster, says.
Adds GOP pollster McInturff: "This feels like a long four years, and it feels like a long four years ahead."
Public continues to sour on Congress, GOP
But if Americans have tempered the expectations for Obama's second term, they have soured even more on Congress and the Republican Party.
Just 14 percent of adults approve of Congress' job (which is near the all-time low in the poll), while 81 percent disapprove (which is close to its all-time high).
What's more, 49 percent hold a negative view of the Republican Party – its highest negative rating in the survey since 2008. Only 26 percent have a positive view.
By comparison, the Democratic Party has a net positive rating, with 44 percent holding a favorable view of the party and 38 percent holding an unfavorable one.
And the conservative Tea Party movement – which took off in Obama's first year as president – also finds its popularity at an all-time low in the poll, with 23 percent viewing it favorably and 47 percent unfavorably.
On Iraq and Afghanistan
Soon approaching the 10-year anniversary of the Iraq war, nearly six-in-10 say the war wasn't worth it, versus 35 percent who say it was.
Yet asked another way, 55 percent of respondents think the war was successful.
Meanwhile, a narrow majority of Americans – 51 percent – say the war in Afghanistan hasn't been worth it, though 62 percent believe the war there has been successful
The NBC/WSJ poll was conducted Jan. 12-15 of 1,000 adults (including 300 cell phone-only respondents), and it has an overall margin of error of plus-minus 3.1 percentage points.


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|Carl Thomas, Steven Thomas and me at our ancestors'
farm in Herefordshire, England
Lately, I've been digging around in my roots again and I've started to find solving all those family history mysteries interesting again.
But, you know what I've discovered most recently? Searching for dead people is just part of the process, and not nearly as much fun as finding your living kin!
I write this while sitting on a plane home from London. I'm fortunate to work for a company that occasionally flies me there for business, and I try to take advantage of the opportunity to stay over and do a little exploring while I'm in the area. This time, I had the bright idea to explore my Welsh roots.
|Steven and me, hamming it
up the oldest pub in Cardiff, Wales
Well, when I found out I was going to be in London for a business trip this week, I jumped at the chance to see if Steven would be up for meeting in person. He was!
So, Wednesday morning, I woke up well before my alarm clock and caught a train from Paddington Station to Cardiff, Wales, to meet Steven and his dad, my third cousin, Carl. Can you imagine my excitement as I walked toward the station exit and saw them waiting for me?? I recognized them immediately from all the Facebook photos we've shared over the years. I think we were all a little bit nervous about meeting for the first time, but our nerves quickly dissolved with the first big hug, and we were soon talking nonstop: about our lives, about our shared family history and about our plans for the next two days!
|Steven and his dad, Carl, in front of the keep at Cardiff Castle.
We'd just climbed to the top.
|Monmouth, Wales
The next morning, the three of us met up to start on a real adventure. Carl drove us up to Monmouth in Monmouthshire County, along the Welsh/English border. This was where my great grandfather, Joseph Bartram, father of my beloved Grandpa John, was born in 1860. It's an adorable town that was settled along the Monnow River, and we took a nice stroll up and down it's main street before heading up the road to explore more of our history.
|Carl and me at St. Mary's the Virgin
Church in Welsh Newton,
Herefordshire, England
|Graveyard at St. Mary's Church
The next stop along our picturesque drive (think rolling green hills dotted with small villages and farms, and lots of sheep and cattle grazing in the verdant fields) was St. Mary the Virgin church in Welsh Newton, Herefordshire, England -- just a couple of miles over the border from Wales. This is the church where Joseph and Louisa's parents, John Bartram and Esther Meredith, were married in 1846. St. Mary's is an ancient Norman-style church and has the distinction of being one of the few English churches with a saint buried in it's courtyard. Welsh Newton is also the village where John was a publican (pub keeper) when he and Esther were first married. We thought Esther might have been buried in the graveyard that surrounds the church, so we asked a woman who appeared to be working there. Turns out they are in the midst of conducting a cemetery inventory, and she was happy to show us the records! Well, Esther doesn't appear to be there, but the records show her parents, Joseph and Sarah Meredith, buried in the large plot just in front of the church entrance. Of course, that plot hasn't yet been inventoried, but we were welcome to traipse through the graveyard to see if we could find them. There are a lot of really old graves there, and some of the markers are impossible to read. Sadly, we didn't find the exact spot where Joseph and Sarah are resting. A good genealogist doesn't give up, though, and I'm hoping the church staff will eventually find them in the plot and send us the coordinates (and maybe a photo).
|Entry gate at Wern Farm
|With my third cousin, Carl Thomas, at Wern Farm
|Tintern Abbey
After a cup of tea, we wound up our trip with a stop in Chepstow to view the outside of the castle there, and spend a bit more cash in their gift shop. We then made the drive back into Cardiff, which was a little bittersweet for me. I had been having such an amazing time with my family, Steven and Carl, exploring our roots together and really getting to know each other, and I wasn't ready for it to end. When they dropped me off at the hotel after a long and fantastic day, I think we were all a bit sad to leave each other.
|With Cousin Steven, traipsing
through the graves at St. Mary's.
So, what's next? Well, I touch down in about five hours, and I can't wait to get home, call my mom and sister, pet my cat and add pictures to all these words so I can share them with you all. I'll also send a Facebook note to Steven to let him know I got home ok and send hugs to him and the rest of my Welsh clan. And, I'll bug him to get his passport in order so he and Carl can come visit me and the rest of their American Bartram cousins soon. Oh, what a family reunion that will be!
Meanwhile, thanks again to Steven and Carl for showing me such hospitality and genuine love. I do plan to go back to Wales to visit them and meet the rest of the family, including Steven's siblings, Simon (aka Sid), Martin and Sarah, his mum and his son, Steve. I can't wait for the next adventure!! (goosebumps...)
|My cousins, Carl and Steven, looking
out at the Monnow River in Monmouth, Wales


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Just like Fellini made Roma – an ode to his city – Jan Fabre is celebrating his own complex, crazy country. He is doing so in the most appropriate language to capture the spirit of this slippery state: the language of the theatre and of images. With an international cast of performers and musicians, he goes in search of Belgian identity. Raymond van het Groenewoud has written a series of anthems, while author Johan de Boose wrote the text.


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Arts & Events
New: Musical Theater Review: Splendid Revival of 'Pal Joey' by 42nd Street Moon--this weekend only
"Don't analyze it. If you take it apart, you might not be able to put it back together." So Vera Simpson's wry advice on life to her brazen young "protege," nightclub entertainer Joey Evans, the Joey of the title of Rodgers & Hart's masterful, knowing 1940 musical, 'Pal Joey,' staged as a splendid piano-accompanied, full costume, well-choreographed revival by 42nd Moon--just through this weekend.
Joey, the rakehell letter writer to "Friend Ted" in John O'Hara's epistolary novel, was something new to Broadway, when Rodgers & Hart took up the challenge O'Hara threw down, to create a musical comedy around his seedy charmer, an anti-hero whose distant relations in musical theater were the distinctly unseedy noble seducer Don Giovanni, the highwayman Captain Macheath of John Gay's ballad opera, 'The Beggar's Opera,' and his Berliner gangster offspring, Mack the Knife, in Brecht's 'Threepenny Opera,' which only made a success in New York in 1956, and then in the Village, not on the Great White Way. (In 1940, influential critic Brooks Atkinson praised 'Pal Joey' in execution, but asked "can you draw sweet water from a foul well?")
Johnny Orenberg plays the title role in 42nd Street Moon's production with energy and verve, in many ways dominating the first, thoroughly enjoyable act, with its backstage scenes of rehearsals of acts and of Joey's braggadocio and manueverings.
The second act, in which Vera attempts the makeover of the near-burlesque toilet where the slumming socialite discovered her diamond in the rough into the toney Chez Joey, brings the equally marvelous supporting cast to the fore as something more than counterpoint to the irrepressible Joey they're (almost) all wise to, but want a piece of.
Deborah Del Maestro as Vera--the wealthy woman of the world O'Hara added to his original story as the diva role--delivers her finest moments here, including the wistful reprise of "Bewitched, Bothered and Bewildered," and the ladies' duel, "Take Him," turning into a duet with ingenue Linda English (Chloe Condon). Also reprised well by Orenberg at the very end is the great "I Could Write a Book," a duet in the first act with Condon.
Just as engaging are the comic turns by Ryan Drummond as agent-cum-blackmailer Ludlow Lowell, a fast-talking sharper who teams up with chorine Gladys Bumps (Ashley Rae Little) in song, dance and scheming--and Becky Saunders as a deadpan lady reporter on the nightclub beat who tells her own story in hysterical bump-and-grind. David Vishni takes over the stage at one point with a deft tap dance. And there's a great humorous production number.
Expertly directed and choreographed by Zack Thomas Wilde, with fine musical direction by Dave Dobrusky, from the almost-stride piano overture to the curtain call chorale of "I Could Write a Book," 'Pal Joey' is a delightful 20th anniversary show by 42nd Street Moon, and a great, adult musical entertainment treat for the holidays--but it ends in a few days! Don't miss it, if you can help it.
Nightly through Sunday--Friday at 8, Saturday at 6, Sunday at 3--at the Eureka Theatre, 215 Jackson, near Battery, in the Golden Gateway Center, San Francisco. Tickets: $25-$75. (415) 255-8207 or 42ndstmoon.org


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I graduated from the University of North Florida with a BA in Elementary Education with a specialization in Early Childhood Education. I've been teaching in the Early Childhood field since 2003. I've taught in Florida, Japan, California, Hawaii, and Virginia. Being a Navy wife keeps me moving and learning!
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Maui Channel Swim 2012
by, September 9th, 2012 at 01:30 PM (14943 Views)
Let me start by saying I give really good advice, frequently excellent advice, and when I give you advice, you should take it. More importantly, make sure I plan on following my own advice.
I am getting ahead of my self, untaken self advice is towards the end of the story, but important enough to mention first. Back around the time I was doing the Waikiki Roughwater, Coach Anna said that she wanted to do the Maui Channel Swim, a relay of six people who swim from Lanai to Maui with the aid of a guide boat. Like a good little swimmer, I nodded my head and said sure and continued on with my ignoring-the-coach thing I occasionally do.
Strangely, Anna kept mentioning the Maui Channel Swim (MCS). She mentioned it so many times over a long enough period that I thought she might be serious, unlike when she says "kick with no flippers". About this time she had also convinced me that I was in charge of organizing the relay, head coach Dave independently seconded this idea and I nodded my head like a good little swimmer and started recruiting.
In November the relay became official when I mentioned it to Dennis, who went home and mentioned it to Molly, who said something along the lines of "If you have to be eaten by a shark for me to have a Maui vacation, so be it" and promptly booked his tickets.
By Christmas we had a half dozen people interested, and by June we had almost the same half dozen signed up.
Dallas Aquatic Masters (DAM) has sent relays for 21 years, so instead of finding a boat, organizing hotel rates and doing a whole lot of work I am too lazy to do, we just signed up through DAM. The DAM rate at the Sheraton was better than any other comparable hotel rate, they provided us with a boat captain we were very happy with and they did all the paperwork and money handling for the MCS side of things. Pretty darn easy.
As relay organizer, I did do a fair bit of research on estimating trip cost, when to buy airfare, if the Sheraton deal was the best price, what we needed to worry about and when relay organizer became team captain I attended to paperwork requests, phone calls to the boat captain, attending meetings and paying the captain. My only organization failure was not keeping everyone up to date when times kept changing and in the future, I would know to just publish the official times of all the meetings the day before they happen since they moved around by an hour and that hour is only important the day of the meeting, not two weeks before.
The stars aligned, and we all trickled into Maui free of injury. The DAM "organized" practice swims off black rock are really times when lots of swimmers will be in the water, so I ended up leading 3 practice swims for our relay. During no single practice swim did we have all 6 team mates because of flight and tour schedules, but there was nothing critical we all needed to be present for at the same time. I am not sure how restful a vacation this trip was to Maui for most of my teammates, because some of them packed their schedules with activities, but I think everyone enjoyed their time in Maui, and touring didn't impact anyones swim.
Saturday morning, time to get on the boat! Four swimmers were staying in the hotel and two were staying somewhere else, so the hotel swimmers met in the lobby at 6am to head to the boat ramp to meet everyone else about 6:30 to load the boat and wait for it to be launched. We were on the road by 6:02, loaded the boat and headed to starbucks for a coffee until 6:45, the estimated launch time. By the time we got back to the ramp (the Starbuck's really is a block away), Captain Lee had launched and was waiting for us, "patiently", as we took pre race pictures.
OH! Our team name! (Skip if you really only care about the swim) Dennis was the first to book (via his lovely wife Molly who could care less if Dennis actually swam if she got to go to Maui), but about that time he started a new company. This company happened to be a fire and water damage company and their clients usually notice their house has been flooded, after the get home from work... which means late nights. Good news, Dennis' business is doing quite well, bad news is all their business is usually until late at night and he doesn't have anyone trained that he trusts to be first on site yet. So Dennis stopped showing up at the 5am practices a few weeks after signing up for the race. In early August, we have a prerace party... and Dennis doesn't make it because of a call that came in. His wife and kids made it to the party... and approved of the name. Team Where's Dennis?!
It is about 6:50 and we make the 25 minute boat ride over to Lanai, the weather is beautiful and the seas are calm. We chatted with Captain Lee a bit about currents, our route, how we want to do transitions and how conditions will change as throughout the swim. The night before he gave me really good directions on how to swim into the Lanai since the swim into the beach hasn't been dredged in years, the channel is very narrow, there is lots of coral and we were at low tide. Keeping this advice in my I headed off to the beach, and did notice while swimming in that even the channel was incredibly shallow.
After an easy swim into the beach, I walked up to the beach and noticed my first mistake as I turned around to look at the boats. I switched to a new sun screen the morning of the race, and the new sunscreen left a haze on my goggles that I could not wash off in the sea water. Looking into the sun was very much like a sun flare in a photography, with the sun blurred across my vision and everything else left in a shadow. If I was looking forward, I could only see outlines of boats, but looking anywhere else, my vision was fine. Of course the start is directly into the sun, and was now completely dependent on my boat finding me.
[nomedia="http://www.youtube.com/watch?v=CXGVtVf8Q9s&list=PL44434A404FB191FB][IMG]http://sphotos-b.xx.fbcdn.net/hphotos-ash3/c67.0.403.403/p403x403/564606_4570591389922_646604394_n.jpg[/IMG"]Anna pre race announcement MCS 2012 - YouTube[/nomedia]
This year's start was a water start for the first time, we lined up waist deep in the water at the end of the dock, a flag was waved and off we went. A thirty minute swim was no big deal for me, I had done a few 30 minute swims, 3k continuous and hour swims to become comfortable with long duration swims. What was really disconcerting was when I was 10 minutes into the swim looking for my boat and I kept seeing the same boat off to my right, after passing mosts boats quickly. I am pretty sure someone took their 100ft yacht out to watch the start of the race either on purpose or by chance, but I never thought I would get past it. A few minutes after passing the Queen Mary 2, my boat found me! Yeah, I can stop trying to sight into the sun!
With the boat in sight, things get pretty easy, just try to keep the Captain in sight and I am heading in the right direction. If I am looking at the bow, then I am heading too far north and probably away from the boat and if I am looking at the motors, I am going to run into the boat. This works pretty well if you and the boat can match pace, and it worked fine for me.
After following the boat for only a couple minutes, Anna signals me that there is only 5 minutes left and our signals are 8"x11" numbers stapled into a folder. I assume that I just didn't see the 1, and I have 15 minutes left.
Four minutes later the boat pulls away to drop Joe, the next swimmer, off in front of me. Right around the 30 minute mark, Joe tags me and I take off swimming towards the boat, climb in and take a seat.
That wasn't bad at all. I yet again was really surprised no one else wanted the first leg, I was the only one who has actually set foot on Lanai. What also surprised me was how many people took off faster than I did at the start, I was no where near the head of the pack. A lot of time was probably wasted trying to connect with the boat and if I did it over again, I would just head north after coming out of the channel and let the boat captain know that was my strategy. We had none, and I just swam towards the boats hoping for the best.
As the first swimmer, I now have 2.5 hours before I swim again and am fairly tired after my 30 minute swim so grab a seat at the back of the boat watching Joe followed by Dennis. I sunscreen immediately, and have a bottle of water during this time. After Anna goes in and I help Dennis up the ladder and stow it, I am feeling a little sea sick. I head to the cooler, grab a gatorade and take a non-drowsy dramamine.
Advice: Everyone on the relay got a sea sickness patch, and everyone followed the recommendations to put it on the day before... except me. I sent out the video to my team to convince everyone to get the patch, and I ignored the advice because it was supposed to be smooth this year. It was smooth this year. Nice smooth rolling 4-6 foot swells. My advice to everyone considering the MCS, GET THE PATCH, put it on 24 hours ahead of time.
Five minutes later: "Oh crap, I am going to pop" running to the back of the boat, hand over mouth trying to hold back my gatorade colored vomit before I actually get to the side and empty my stomach. Good news, it was all liquid that I drank since being on the boat. Bad news, probably another 4.5 hours in the sun with 30 minutes of intense swimming without being able to keep fluids down. I am now mildly concerned that I am jeopardizing the relay finishing and my health.
As far as sea sickness goes, my problem was mild, I just couldn't tolerate anything in my stomach. Once I emptied my stomach, I didn't feel great, but I wasn't hanging over the side green in the face either. So I manned the ladder waiting for my next swim to come up. There was some concern about me swimming, but I pointed out I was much more comfortable swimming than sitting on the boat.
About 5 minutes before my swim, I suggested that we pull well ahead of Chris (who was in the anchor spot), and I would drink a water then toss the bottle back in the boat. I knew dealing with stomach cramps are a non-issue compared with dealing with dehydration. This worked ok, but Chris' leg was in quite tough conditions, so I got very little time in the water with some water before she caught up. Going much further ahead and she would have difficulty sighting in the swells.
10 minutes of bliss. No cramps, the swells had gotten progressively bigger now that we were outside the protection of the Lanai shallows and the wind picked up a lot to create some chop. Fun swimming for me and about 5 minutes into it, I realized I wasn't pulling my weight at that my pace and stepped it up quite a bit.
After finishing my swim and climbing into the boat, my water bottle and gatorade that I didn't finish before my swim are nearby so I resetup near the ladder and am good for about 45 minutes. During one of the transitions as I put the ladder up, the Captain kicks the boat into gear, I get knocked back with my shin pressing the steel rod connecting the two engines, the captain makes a hard turn slicing a 3" gash into my shin. Not a banner day. I put some vaseline on it, cut man style, and hope to minimize the chumming. It is very shallow, so it doesn't bleed much, but I didn't think to pack anything to accelerate clotting, so the vaseline will have to do.
Right before going in again, I think I was video taping or something, my stomach does a somersault and I am at the back of the boat again. My swim starts in about 3 minutes from that point, I grab a bottle of water to rise and jump over the side to start my swim. Good to be back in the water!
At this point the swells are dying down and other than the occasional wind induced whitecap, the swimming is the easiest it has been for me since the start.
The water is crystal clear, but the ocean is so incredibly deep between the islands that all that you can see is a deep dark blue. It is beautiful, and enjoyable if you find swimming in the swells enjoyable, but I don't think any of my relay saw any sea life during the race. Most of us did experience some small stings during our swims that were probably from little jelly fish, but the pain went away before any of us were out of the water just leaving a short line of red marks where we were hit.
After another enjoyable 10 minutes in the water, I was back on the boat and we can start to see land marks. At this point the sea is pretty calm, my dramamine might have kicked in and seeing the end in sight, I actually feel good. Really good. Seemingly all the sudden I am up walking around the boat, chattering away, talking about swimming a group finish, who is going to be the one to finish and really enjoying the last 30 minutes.
Advice: Get the sea sickness patch. Put it on 24 hours before. Enjoy the ENTIRE race.
We all agree that we will swim to the finish together and by our time, I will be the one person who has to official run up the beach to the finish table. I want to finish as a group so I hang back and swim with the everyone into the beach, then I am off and running to the table. The finish is quite confusing because the finish table is setup in front of the boat lane, and since they had a boat run over a swimmer last year, they kept the table in the same spot, but moved the swim up buoys about 50 yards north so the water buoys don't line up with the flags of the chute in the least. Luckily, we weren't going to time, and there was someone to point down the beach to where the finish chute was.
Grabbed a celebratory water at the finish desk and headed back to hang out on the beach with the team and our families.
Even vomiting over the side of the boat, this was still an incredibly fun swim. The time flew by both in the water and on the boat.
Notes on the swim:
- Direct distance from start to finish: 9.85 miles
- Estimated swim distance: 12 miles (my estimate)
- Estimated swim time: 6 hours
- Actual swim time: 5:04:35
- Actual swim distance: 10.7 miles (garmin on the boat)
- Start time from Lanai: 8am
- Leave from Mala Ramp Maui: 6:50am
- only food I saw consumed on the boat: water, gatorade, gu, fig newtons, salt tablets
- food on the boat: Apples, oranges, drink powder, peanuts, potato chips, cookies, energy bars, rolls.
I am not sure our transition method was as effective as it could have been. It took a long time to get the finishing swimmer on the boat leaving the next swimmer without a guide for 2-3 minutes.
We brought way too much on the boat.
The fig newtons were really popular. One or two sealed packages of cookies is probably enough food. Even I wasn't hungry and most of the food bought was not eaten on the boat.
Spray sunscreen sucks on a windy boat. The spray ends up on the boat and in your teammates eyes and mouth. Consider non-spray for the boat.
Consider zinc oxide for the nose.
Put on the same sunscreen on the beach before practice swims as you will use on the boat during the race. Does the sunscreen cloud your goggles, get in your eyes, etc? Address these issues before the race.
Leave flip flops with the person who drops you off at the boat ramp. They aren't needed on the boat, and if everyone swims to the finish, no one has shoes! Beach sand is hot and not having shoes limits the post race celebration options.


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McCarthy Groban Exit: Josh Groban Walks Out on Jenny McCarthy Show
Jenny McCarthy has reportedly scared off Josh Groban from her late night talk show, after the star found out what kind of questions were being prepared for him and walked out on the show before it got started.
McCarthy has said that her new VH1 talk show would be something new on the current talk show circuit. She told VH1 her plans to adopt Hugh Hefner's former Playboy After Dark format and make it more of a "late-night after-party" than a talk show.
"A lot of times watching talk shows, you're watching a talk show. My template was Playboy After Dark, which Hugh Hefner did back in the day," she explained.
However, Groban seemed to be shocked by the content of the show. It is reported that Groban was on set on Thursday preparing for the show, when he read the type of interview questions McCarthy was planning to ask him. Groban has been someone very transparent about his faith and morals in the past, and it has been reported by various media outlets that he simply decided that he didn't want anything to do with the show once he realized where it was heading.
According to reports, McCarthy was prepared to ask the multi-platinum singer questions like: "What music do you listen to when you make love?"
After Groban left the set, the comedian's sister Jojo was asked to fill in.
Jenny McCarthy's assistant reportedly believes that Groban should have expected to be asked those types of questions coming onto her show.
McCarthy's assistant Michelle Buteau told The Huff Post: "I was really surprised when Josh Groban left; I mean, it's not like he's going on 'Oprah's Favorite Things'—it's "The Jenny McCarthy show."
Buteau said despite the snub, McCarthy handled the first show well by having Groban's sister sub in at the last minute.
"Jenny was so amazing that night. She didn't even flinch – she was a true professional. She thought quickly and pimped her sister," Buteau said. "Wither her drink in her hand and not a hair out of place; home-girl started the show with the same amount of love and energy as she would have done with her original guest. You go girl."


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Who was the best television actress of 2012?
Who is the best TV actor of 2012?
As part of our Best of the Year series, TVGuide.com wants to know which actress users think was at the top of their game this season. Does last year's Emmy winner Julianna Margulies deserve the top prize again this year? Were you blown away by Claire Danes on Homeland? Did Zooey Deschanel or Mindy Kaling keep you laughing from week to week?
What was the best show of 2012? Sound off!
Tell us your pick — from any show on any network — below!


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Thursday, September 01, 2005
Cooking Estonian: buckwheat and mushrooms
To be really honest, this probably does not really pass for an Estonian national dish. It's probably more typical of Russian kitchens. But buckwheat is quite a common ingredient in Estonia, as are mushrooms. And as it's unlikely that any of you have come across something like this earlier (am I right?), and as it is introduced by an Estonian blogger, let's call it an Estonian dish:)
I had some mushrooms left over from the other day, and as I'm on a budget at the moment, I decided to use something that I already had in my cupboard for cooking and spotted a box of buckwheat flakes. A quick look into my Estonian language recipe site inspired me to combine these two in an oven pie. That's what I had for supper last night and I enjoyed it. My Estonian friend Maarika popped by on her way home later and had 2 portions for dinner and approved heartily as well. It's comfort food and not something you'd serve at a dinner party, neither does it lend itself for a romantic meal with your sweetheart (for the latter occasion, you may want to look for inspiration in this book). But as a lovely weeknight meal, it's perfect.
It's also suitable for vegetarians and those on gluten-free diet.
Buckwheat and mushroom oven pie
You need either buckwheat or buckwheat porridge flakes (on the right) for this. I used the latter – these are pre-cooked buckwheat flakes that only take about a minute or two on the hob when you make breakfast porridge. Buckwheat is a lovely versatile grain – it has a slightly unusual nutty flavour, and it's full of all kind of nutrients. While buckwheat flour is probably widely available across the world so you could make Japanese soba noodles or Russian blinis, it's unlikely you find buckwheat grain or flakes in your regular supermarket if you live outside Eastern or Central Europe. It took me a while to source some in Edinburgh, but most health food and ethnic shops would probably stock it.
That's what you do:
Prepare a buckwheat (or buckwheat flake) porridge using a mushroom stock (I used a mushroom stock cube).
Fry a chopped onion or two and chopped mushrooms gently in oil.
Mix the buckwheat porridge, mushrooms and onions and put the lot into a greased oven dish (NB! Can be made in small ramekins for individual portions).
Cover with a layer of sour cream/crème fraiche/thick plain yogurt.
Sprinkle some grated cheese on top.
Put into the oven and bake for 20-25 minutes, until the dish is lightly golden brown on top.
Garnish with a dill sprig or two and serve.
8 comments:
Thanks for sharing an Estonian (ok, Russian-Estonian) dish! This sounds like something I'd like as I like mushrooms and "cereal-y" things. I have never had buckwheat and I have no idea what my chances are of finding it here (sigh), but you just gave me an idea when you mentioned health food store...will check that out :-)
- 6:04 pm, September 01, 2005
The trouble with chantarelle mushrooms is, of course, that they are either f*ing expensive, or glow at night thanks to the Chernobyl accident.
Does anyone have an afforable (mailorder) source for chantarelles farmed on clean soil?
- 9:32 pm, September 01, 2005
Ooops - this recipie doesn't use chantarelles. Anyway. The question holds.
- 9:34 pm, September 01, 2005
- Spinning Girl said...
- 5:00 am, September 02, 2005
- Spinning Girl said...
ei viitsi retsepte lugeda; vaatan hoopis pilte.
- 5:01 am, September 02, 2005
- Pille said...
Joey - did you find buckwheat in your local health food shop?
W7 - well, the chantarelles I got in Estonia didn't glow in the dark:) but indeed, mushrooms should be picked from rather clean environment, as they immerse all bad stuff easily. Cheap mail-order? Don't know, unfortunately. But my Russian friends in Edinburgh go mushroom picking every autumn and they promised to take me along. Too late for chantarelles, I'm afraid, but there should be other mushrooms..
Spinning Girl - ega peagi lugema. Mu kallim käib ka ainult pilte vaatamas:) Ja aeg-ajalt söömas:)
- 6:55 pm, September 06, 2005
I think it is a purely Estonian dish, Russians are very fond of buckwheat, but I've never seen anything like this in Russia. Will certainly try it! Looks delicious!
- 9:55 pm, September 10, 2005
- Pille said...
Thanks for clarifying this, Galina! I have always thought of buckwheat as Russian (maybe because of 'kasha'?), but if you've never heard of it, maybe it's indeed Estonian combination. Let me know what other Russians thought of its origins.
(And remember, we once had a similar discussion about 'pasha' - in Estonia it's known as originating from Russia, whereas you weren't familiar with this Easter dessert. But then again, Russia is huge, so there are variations between regions. Maybe our perception of Russian cuisine is based on the foods of Pskov/Saint Petersburgh region).
Anyway - maybe I can bring some along next time we meet for dinner:)
- 1:07 pm, September 11, 2005


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American Pastoral
Dorothea Lange: A Life Beyond Limits
Daring to Look: Dorothea Lange's Photographs and Reports from the Field
Published in 1935 in the middle of the Depression, William Empson's Some Versions of Pastoral casts a hard modern light on sixteenth- and seventeenth-century poems about shepherds and shepherdesses with classical names like Corydon and Phyllida. Pastoral, Empson wrote, was a "puzzling form" and a "queer business" in which highly educated and well-heeled poets from the city idealized the lives of the poorest people in the land. It implied "a beautiful relation between the rich and poor" by making "simple people express strong feelings…in learned and fashionable language." From 1935 onward, no one would read Spenser's The Shepheardes Calendar or follow Shakespeare's complicated double plots without being aware of the class tensions and ambiguities between the cultivated author and his low-born subjects.
Although shepherds and shepherdesses have been in short supply in the United States, versions of pastoral have flourished here. The cult of the Noble Red Man, or, as Mark Twain derisively labeled it, "The Fenimore Cooper Indian" (a type given to long speeches in mellifluous and extravagantly figurative English), is an obvious example. So is the heroizing of simple cowboys, farmers, and miners in the western stories of writers like Bret Harte, the movies of John Ford, and the art of Frederic Remington, Charles M. Russell, Maynard Dixon, and Thomas Hart Benton. Both Uncle Tom's Cabin and The Grapes of Wrath might be read as pastorals in Empson's sense. The chief loci of American pastoral have been the rural South and the Far West, while most of its practitioners have been sophisticated easterners for whom the South and West were destinations for bouts of adventurous travel. They went equipped with sketchpads and notebooks in which to record the picturesque manners and customs of their rustic, unlettered fellow countrymen.
Empson noted the connection between traditional pastoral and Soviet propaganda, with its elevation of the worker to a "mythical cult-figure," and something similar was going on during the New Deal when the Resettlement Administration (which later morphed into the Farm Security Administration) dispatched such figures from Manhattan's Upper Bohemia as Walker Evans and Marion Post to photograph rural poverty in the southern states. Like a Tudor court poet contemplating a shepherd, the owner of the camera was rich beyond the dreams of the people in the viewfinder, whose images were used by the government both to justify its Keynesian economic policy and to raise private funds for the relief of dispossessed flood victims, sharecroppers, and migrant farm workers. Some, though not all, of the photographers were, like Evans, conscious artists; their federal patrons, like Roy Stryker, head of the information division of the FSA, were unabashed propagandists who judged each picture by its immediate affective power…
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Once known and often awarded for its unique and effective blend of luxury and performance at an attractive price, the flagship of the Nissan passenger car line-up had lost its way as of late. I am here to report there is GOOD NEWS for all Maxima fans out there! For 2016, the Nissan Maxima resets "4-Door Sports Car" positioning with a bold new design, authentic performance hardware and a bespoke interior that rivals luxury nameplates.
Created by driving enthusiasts for driving enthusiasts, the dramatically styled 2016 Maxima is a virtual clone of the Nissan Sport Sedan Concept. The new Maxima is 1.3 inches lower and 2.2 inches longer than the previous generation design. It is also lighter with greatly increased torsional rigidity.
Externally, the Maxima's bold front end combines Nissan's signature V-Motion grille and new lighting features, which add to its defining presence on the road. The boomerang-style headlights include standard LED Signature Daytime Running Lights. In the rear, two-piece taillights with their own integrated LED signature complete the distinctive lighting theme. The highly distinctive profile comes from its floating roof appearance with blacked-out A-pillars similar to the Nissan GT-R. Combined with the same blackout treatment applied to the B and C pillars, it creates a wraparound canopy appearance.
The futuristic appearance is finished with large dual exhaust chrome tailpipe finishers and 18-inch machined aluminum-alloy wheels. Maxima SR adds 19-inch aluminum-alloy wheels that use a unique diamond-cut machined finish. One of the most distinctive design aspects of the new Maxima is the "4DSC" embossed within the taillight reflectors and headlights, a subtle reminder of Maxima's signature 4-Door Sports Car heritage.
Available in S, SV, SL, SR and Platinum trim levels, power for the redesigned Maxima is generated by a completely revised 3.5L VQ35DE V6 engine. Torque is communicated to the pavement through a new performance-oriented Xtronic transmission. The engine utilizes more than 60 percent new parts (compared to the previous generation 3.5L V6), applying lessons learned from the Nissan GT-R such as sodium filled valves, to achieve a high specific output of 85.7 horsepower/liter. The comprehensive re-engineering effort also resulted in a considerable 15 percent increase in highway fuel economy.
Well-matched to the new powerplant is a new Xtronic automatic transmission, which, with its lack of fixed ratios, affords the specific advantage of always being in the right gear at the right time. A wider gear ratio range allows for stronger acceleration from a standing start and an all-new D-Step shifting logic allows rapid shifts at high throttle openings. An all-new shift logic holds rpm when it detects high-G cornering, allowing for seamless re-acceleration on corner exit.
The foundation for the new Maxima's enhanced handling and ride comfort starts with a redesigned platform that features increased use of high strength steels, including the first use of 1.2GPa high strength steel in a Nissan sedan. This allows the 2016 Maxima to not only boast a 25 percent improvement in torsional rigidity, but also contributes to an 82-pound weight reduction (versus the previous generation
The suspension system consists of an independent subframe-mounted strut/coil spring design in front. In the rear is an independent multi-link double wishbone design with ZF Sachs dampers. The rear dampers features a monotube design often found in performance applications, for enhanced performance and fade resistance. Large stabilizer bars are found front (26.0 mm) and rear (26.5 mm).
Inside the passenger cabin the totally redesigned interior is anchored by a "command central" driver's cockpit and a premium bespoke style crafted execution. The focus on the driver begins with a center stack angled seven degrees toward the driver (a lesson learned from the legendary GT-R) and a floating console that sits higher than the previous generation Maxima design, putting key controls within easy reach. The console also features luxurious padding on the sides with contrasted stitching. A new Display Commander control on the console allows fingertip control of the center display as befitting a premium sport sedan. The interior also features genuine stitching on the instrument panel, doors and console, available ambient lighting, available premium Ascot leather seating surfaces with diamond-quilted inserts, unique faceted finishers and a sporty D-shaped (flat-bottom) steering wheel.
Nissan's unique Zero Gravity front seats with sport bolstering are standard (eight-way power-adjustable driver's seat and four-way power-adjustable front passenger's seat) and offer increased softness provided by a new three-layer foam design. They are offered in premium cloth, leather-appointed or premium Ascot leather-appointed seating surfaces. Heated and Climate-Controlled front seats and steering wheel are available depending on grade level. The rear seat now features a standard 60/40 split fold-down design.
Dimensions & specifications
Wheelbase: 109.3; overall length: 192.8; width: 73.2; height: 56.5
All vehicle measurements are in inches.
Engine: 3.5L V6 – 300 hp at 6,400 rpm and 261 lbs-ft of torque at 4,400 rpm.
Transmission: Xtronic CVT automatic with manual shift mode
EPA Fuel Economy: 22 city/30 highway
Cargo capacity: 14.3 cubic feet
Safety features
Dual front airbags, front seat mounted side-impact airbags, roof-mounted curtain side-impact airbags with rollover sensor, tire pressure monitoring system, easy-fill tire alert, four-wheel disc brakes with anti-lock, brake assist, electronic brake force distribution, vehicle dynamic control, traction control, LED daytime running lights, fog lights, automatic headlamps, Bluetooth hands-free phone system, navigation system, NissanConnect, power automatic door locks, Nissan Intelligent Key with push button ignition, remote keyless entry, HomeLink universal transceiver, and rearview monitor. SV adds front/rear parking sensors. SL adds blind spot warning, intelligent cruise control, rear cross traffic alert, predictive forward collision warning, and forward emergency braking. SR adds LED projector headlamps, active ride control, active trace control, and active engine brake. Platinum adds around view monitor, moving object detection, and driver attention alert.
Optional safety features include full size spare tire.
Basic: 3-year/36,000 mile Bumper-to-bumper
Powertrain: 5-year/60,000 mile
Corrosion: 5-year/unlimited
The base Manufacturers Suggested Retail Price (MSRP) for the 2016 Nissan Maxima sedan starts from $32,410 for the 3.5 S upto $39, 860 for the Platinum. Destination charges add $825.
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We've got a few casting stories to share with you this evening. Briefly:
- Identity Thief – John Cho and Clark Duke join the comedy toplined by Jason Bateman and Melissa McCarthy.
- Hitchcock – Ralph Macchio is set in a real-life role in the story of the making of Alfred Hitchcock's Psycho.
- Bird People – Josh Charles is set to star in the English and French-language drama with supernatural elements.
Hit the jump for more on each project and who the aforementioned actors will play.
Per THR, John Cho and Clark Duke (Hot Tub Time Machine) have joined the promising comedy Identity Thief. Jason Bateman stars as a man whose identity has been stolen by an unstable woman (Melissa McCarthy). Horrible Bosses director Seth Gordon is onboard to helm, and Amanda Peet also stars.
Cho is set to play a rising investment exec who is trying to entice Bateman's character to join him in starting his own firm, and Duke will play "an Eagle Scout who, along with his buddies, is on a secret revenge mission to find the man who bilked him." Gordon had already nabbed two stellar leads, and it looks as if he's filling out his supporting cast with some fun comedic actors. Cho is currently shooting the Star Trek sequel.
Though production is already underway on Hitchcock (formerly titled Alfred Hitchcock and the Making of Psycho), director Sacha Gervasi continues to fill out his star-studded cast. Anthony Hopkins is onboard to play the legendary director in this love story between Hitchcock and his wife (Helen Mirren) set during the production of Psycho, and now Deadline reports that Ralph Macchio will play Psycho screenwriter Joe Stefano. He joins a killer cast that includes Scarlett Johansson, Jessica Biel, Toni Collette, Danny Huston, Michael Stuhlbarg, Kurtwood Smith, Wallace Langham, Richard Portnow, and Michael Wincott.
Finally, The Good Wife star Josh Charles has boarded the relationship drama Bird People. Pascale Ferran (Lady Chatterley) will direct and Anais Demoustier is set to costar. Deadline reports that Charles will play "an American arriving at Paris' Charles De Gaulle airport who checks into a local hotel, turns off his cell and laptop and starts a new life." Details are scarce, but apparently a supernatural element will be involved and filming is set to begin soon in Paris.


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Dr. David Clark and Dr. Karen Sollins have been honored by the Association for Computing Machinery SIGCOMM with the Test of Time Award for their paper "Tussle in Cyberspace: Defining Tomorrow's Internet." Clark and Sollins published the paper in 2002 along with co-authors John Wroclawski and Bob Braden.
The prize recognizes papers published 10 to 12 years ago in Computer Communication Review or any SIGCOMM-sponsored or co-sponsored conference whose contents are still a vibrant and useful contribution today.
Clark, a senior research scientist at CSAIL, is recognized as one of the foundational leaders of the development of the Internet. From 1981-1989, he acted as chief protocol architect in the development of the Internet, and chaired the Internet Activities Board.
His recent activities include extensions to the Internet to support real-time traffic, explicit allocation of service, pricing and related economic issues, and policy issues surrounding local loop employment. New activities focus on the architecture of the Internet in the post-PC era.
Sollins, a principal research scientist in the Advanced Network Architecture Group at CSAIL, conducts research in the area of support for network-based systems and applications. Her doctoral thesis focused on distributed name management, and she has published papers on an authentication protocol and global naming.
More recently, she led the Information Mesh Project, addressing architectural problems of an extremely long-lived global mesh of information, followed by work on issues of extreme scaling in the net.


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Chris Ventresca and Hernan Cristerna, Global Co-Heads of M&A, review the 2017 M&A market, what's driving activity and potential impediments companies may face in the months ahead.
Finding opportunities in a dynamic marketLearn more about 2017 M&A Global Outlook
Analyzing growth and opportunities aheadLearn more about Japan Cross-Border M&A
Globalization and a new normal for shareholder activismLearn more about The 2017 Proxy Season
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