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Decided: January 13, 1939.
SPRINGDALE CORPORATION, A CORPORATION, AND WILLIAM T. VANDERLIPP, PLAINTIFFS-APPELLANTS,v.FIDELITY UNION TRUST COMPANY, A CORPORATION, DEFENDANT-RESPONDENT
On appeal from the Essex County Circuit Court.
For the plaintiffs-appellants, Andrew Foulds, Jr.
For the defendant-respondent, Hood, Lafferty & Campbell (Charles Danzig, of counsel).
[121 NJL Page 537]
The opinion of the court was delivered by
WELLS, J. This is an appeal from an order entered in the Essex County Circuit Court striking out a complaint filed by the Springdale Corporation, hereinafter called the Corporation, and William T. Vanderlipp seeking relief under the Declaratory Judgment act.
The Corporation, of which Vanderlipp is the president and principal stockholder, owns a certain apartment house in Newark. A mortgage on said premises is held by the Fidelity Union Trust Company, as trustee. Under the terms of an agreement with a previous owner, the defendant Fidelity Union Trust Company, individually and not as trustee, was empowered to collect rents from the apartment house, and had appointed Vanderlipp as its agent for this purpose.
On February 23d, 1937, the defendant Trust Company notified Vanderlipp of the termination of his agency. On February 27th, 1937, the Corporation notified the defendant Trust Company of the termination of its authority to collect rents. On March 1st, 1937, Vanderlipp received as rent from various tenants the amount of $1,155, which sum he now holds.
The plaintiffs, alleging a dispute between the Corporation and the Trust Company as to their rights in the funds held by Vanderlipp, filed their complaint asking the Essex County Circuit Court to enter a declaratory judgment determining who was entitled to receive the moneys. The defendant opposed the action by a motion to strike the complaint, and from an order sustaining the motion this appeal is taken by the plaintiffs.
Generally, the grounds of appeal attack two propositions of law relied on for the motion in the lower court; (1) that by nature the plaintiffs' action is equitable and without the jurisdiction of the Circuit Court; (2) that the plaintiffs have an available remedy in interpleader and are therefore not entitled to relief under the Declaratory Judgment act.
The Declaratory Judgment act (R.S. 2:26-6) is declared by its own terms to be remedial, and to have for its purpose the affording of relief from uncertainty and insecurity with respect to legal relations.
[121 NJL Page 538]
Section 2:26-68 provides as follows:
"All courts of record in this state shall, within their respective jurisdictions, have power to declare rights, status and other legal relations, whether or not further relief is or could be claimed; and no action or proceeding shall be open to objection ...
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Dreamcast 10: Have You Ever Seen the Rain?
After a successful home stand, the Chicago Cubs go on the road to the West Coast and try to continue their recent hot streak. We take the opportunity to talk about: That stupid rainout last Saturday that robbed us (temporarily) of Cubs baseball and bobbleheads; Jason Heyward getting screwed on Continue reading Dreamcast 10: Have You Ever Seen the Rain?

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About me
I am a stay-at-home to three daughters. I do what I can to live a "Natural Lifestyle" on a budget and hope to help you do it too! I run co-ops and find bargains to make this happen. I was surprised when I recently moved to the Monterey Bay area and found a shortage of information on where to buy food and products at reasonable prices. Other than Trader Joes's (which I love don't, get me wrong), Whole Foods (aka Whole Paycheck) and farmers markets, the choices were very limited. I hope that this blog becomes a one stop shop for information on natural living in Monterey Bay! Please if you have or know of a business that should be here, contact me. Together we can all live healthier for less.
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August 25, 2010
LUZ LUGO, YESENIA MARCO, ET AL.v.FARMER'S PRIDE INC.
The opinion of the court was delivered by: Baylson, J.
Before the Court is defendant Farmers Pride, Inc.'s Motion to Decertify the Collective Action Class. (Doc. 432.) Plaintiffs, current and former employees of defendant, have brought suit under the Fair Labor Standards Act (FLSA) on behalf of themselves and others "similarly situated," as provided for in 29 U.S.C. § 216(b). Plaintiffs allege that defendant has failed to fully compensate them for the time spent putting on and taking off ("donning and doffing") items of sanitary and protective clothing and equipment ("PPE") at the beginning and end of their shifts and their meal period, as well as for time spent on related activities such as retrieving and sanitizing the PPE and walking to and from their workstations.
Plaintiffs sought certification of a collective action with respect to these allegations, which the Court conditionally granted, allowing for a period of discovery and for notice to be sent to potential class members who may want to opt in to the collective action. Defendant now seeks decertification of the collective action, contending that plaintiffs have failed to demonstrate that they and the opt-in plaintiffs are "similarly situated" such that a collective action under the FLSA may be maintained.
Having received briefing and heard argument on defendant's Motion to Decertify, the Court deemed it appropriate to hold a two-day evidentiary hearing to further explore the parties' contentions and the disputed facts underlying them. Plaintiffs and defendant were each afforded one day to present witnesses, with equal time given to the opposing side for cross-examination; the parties also were permitted to submit exhibits and file post-hearing briefs. After reviewing this evidence and briefing, as well as the record developed by the parties over the course of this certification process, the Court, for the reasons set forth below, will grant defendant's Motion to Decertify.
A. Facts*fn1
1. Defendant's Production Operations
Plaintiffs were or are employed as hourly production workers at defendant's chicken-processing plant in Fredericksburg, Pennsylvania ("the plant"). Production operations at the plant are divided into multiple departments-including Live Receiving, Evisceration, Cut-Up, Packing, and Deboning-which, in turn, comprise various lines and positions, subdivided according to function. (Tobias 5/18 Tr. 201:5--11.) Workers in a given department would regularly rotate between different positions, workstations, and tasks. (Ythier Dep. 46, Feb. 5, 2008; Gundrum Dep. 55--56; Caba Dep. 73, June 8, 2009.) The Live Receiving and Evisceration departments perform what is referred to as the "first processing" stage of production, and the Cut-Up, Packing, and Deboning departments perform the "second processing" stage. (Tobias Decl. ¶ 5.) Production operations occur over the course of two shifts-the first shift and the third shift. For each of the two shifts, there is a supervisor overseeing each of the five production departments, as well as a "first processing manager" and a "second processing manager" overseeing the performance of the departments within those stages. (Tobias Decl. ¶ 5.) In addition to these production departments, the plant has a Sanitation department, which performs its work during the second shift, between the two production shifts. (Ythier 5/17 Tr. 82:6--10; Main Decl. ¶ 2.)
In order to perform the required work in the production departments, hourly production workers must wear various items of personal protective equipment and clothing ("PPE"). Workers who fail to wear the required PPE for their positions may be subject to disciplinary action. (See D. Ex. 2.) The items of PPE that a worker must wear vary by department and position, though the parties dispute the extent of these variations. Most hourly production workers are required to wear a smock, closed-toe shoes, a hairnet, and, if applicable, a beardnet when on the production floor. (Tobias Decl. ¶ 13; Garcia Dep. 133; Caba Dep. 137--38, June 8, 2009.) Some workers, however, are required to wear other items as well, such as safety glasses, hearing protection, and protective gloves and arm guards. (D. Ex. 2; Tobias Decl. ¶ 13.) Some hourly production positions also require the use of knives or scissors, along with additional PPE. (Molnar 5/18 Tr. 219:22--23:2; Camasta 5/18 Tr. 232:10--15, 232:21--233:4; Tobias Decl. ¶¶ 16--17; Garcia Dep. 84--85.) The type of knife, as well as the PPE required to be worn with the knife or scissors, vary by department. (Tobias Decl. ¶¶ 16--17; Tobias Dep. 44, 51, 75; Merrell Dep. 54--55; Eby Dep. 138--39.) Additionally, some workers opt to wear certain items of PPE that may be obtained from, but are not required by, defendant. (Tobias 5/18 Tr. 213:5--8.) For instance, some hourly production workers wear hearing protection not required for their position, and some choose to wear aprons, protective eyewear, plastic sleeves, cotton liners, and rubber gloves. (Molnar 5/18 Tr. 219:13--21; Camasta 5/18 Tr. 233:6--17; Tobias Decl. ¶ 15; Gundrum Dep. 192, 239--40; Camasta Dep. 247--49.) Some workers also choose to bring and wear extra clothing, such as sweaters and caps. (Marco 5/17 Tr. 11:9--10; Caba 5/18 Tr. 178:24--179:1, 186:3.) Defendant used to distribute items of PPE to hourly production workers primarily from a supply room (Tobias Decl. ¶ 18), but as discussed below, defendant altered its method of distributing PPE in December 2007. Defendant also provides lockers for workers to use at their option. (Ythier 5/17 Tr. 105:13--21; P. Ex. 4.)
When an hourly production worker begins his or her employment with defendant, he or she is required to attend two orientation sessions: one general session, which is directed to all new employees of defendant, and one department-specific session, which is conducted by the worker's supervisor and addresses details of the worker's particular position, including what PPE is required for that position. (Ythier 5/17 Tr. 89:12--23; Rhoads 5/18 Tr. 245:8--249:16.) At the general orientation session, workers are provided with defendant's Employee Handbook, which lays out defendant's general employment policies. (Ythier 5/17 Tr. 82:11--83:9, 89:20--23; Rhoads 5/18 Tr. 249:10--11.) The general orientation session covers what PPE is, explains that PPE is required, and provides examples of what items of PPE are required for each production department. The worker is also informed that "[y]ou[r] supervisor will instruct you on the PPE required for your specific job." (D. Ex. 2; Rhoads 5/18 Tr. 247:9--248:25.) The Employee Handbook also addresses defendant's general practices regarding PPE: it provides an overview of defendant's PPE requirements in a section entitled "Dress Policy"; and, in a section entitled "Donning and Doffing," it explains that defendant "has procedures that are followed for Shift Start, Lunchtime and Shift End" regarding the donning and doffing of such equipment, and that workers should "see bulletin boards for times." (P. Exs. 1--3.) The Handbook, including defendant's donning-and-doffing policy, is reviewed during the general orientation. (Ythier 5/17 Tr. 89:20--91:1; Rhoads 5/18 Tr. 250:11--24.)
2. Defendant's Compensation Systems
As noted above, at issue in this case are defendant's compensation practices for the time spent by hourly production workers at the plant performing activities related to donning and doffing. During the relevant time period, defendant employed two different systems for compensating employees: the first was in place between May 2001 and December 2007; the second, from December 2007 until present.
a. Pre-2007 System
Between May 2001 and December 2007, defendant's compensation system for the production departments*fn2 was based upon a schedule that, according to defendant, provided predetermined allowances for donning-and-doffing activities. The schedule listed the production departments operating in the third shift, and those operating in the first shift. For each listed department, the schedule specified eight times under the following headings: "Shift Punch In Time"; "Line Start"; "Line Stop For Lunch"; "Lunch Start"; "Lunch Stop"; "Line Start After Lunch"; "Line Stops End of Shift"; "Shift End Punch Out Time." (P. Ex. 4.) The schedule states that these times represent "the procedures that Farmers Pride will follow for Shift Start, Lunch Time and Shift End," and that they "will allow employees time for putting on their work equipment before entering departments." (P. Ex. 4.) Aside from the headings, the schedule does not expressly state what activities are to be performed at what times, nor does it specify what time periods are compensated. The times listed under the headings vary by shift and department, and the schedule also notes that "[t]hese times may vary depending on the employee[']s assigned position on line and our weekly production schedule." (P. Ex. 4.) As indicated in the Employee Handbook, this schedule was posted on bulletin boards in the plant. (Good 5/18 Tr. 108:6--22; Molnar 5/18 Tr. 215:12--14; Camasta 5/18 Tr. 223:25--224:3; Marco 5/17 Tr. 32:13--18; Caba Tr. 175:20--23; P. Exs. 1--3.)
The first version of this schedule was implemented in May 2001, and was derived from an internal time study regarding donning and doffing performed by management personnel for defendant; defendant undertook that time study in response to an investigation by the Department of Labor indicating that defendant was not adequately compensating for donning and doffing activities at the plant. (See Schmalhofer 5/18 Tr. 8:13--29:20.) Between May 2001 and December 2007, this schedule was repeatedly revised and republished,*fn3 adjusting the various times listed to account for changes in the production process and renovations to the plant. (Ythier 5/18 Tr. 92:18--93:5, 5/18 Tr. 77:12--78:3; Tobias 5/18 Tr. 204:4--14; Ythier Dep. 150--52, Aug. 18, 2009; Tobias Dep. 102--04.)
According to defendant, the schedule operated as follows: The production lines would run between the "Line Start" and "Line Stop For Lunch" times, and between the "Line Start After Lunch" and "Line Stops End of Shift" times. Between "Lunch Start" and "Lunch Stop" was the workers' meal period; this was thirty minutes for all production departments and shifts, and was unpaid. All donning-and-doffing activities were to occur during the time provided between "Shift Punch In Time" and "Line Start," "Line Stop For Lunch" and "Lunch Start," "Lunch Stop" and "Line Start After Lunch," and "Line Stops End of Shift"and "Shift End Punch Out Time." (See Ythier Decl. ¶ 5, Oct. 13, 2009.) Under this understanding of the schedule, the cumulative amount of time provided for donning and doffing over a given day varied by shift and department, and also changed over time as the schedule was revised. (See P. Ex. 4.) While this schedule provided the general structure for the plant's operations, there were also deviations from it: for instance, each production department had workers paid to come in early to set up and stay late to clean up, and workers would occasionally have to work longer than scheduled or on additional days in order to meet production demands. (Camasta 5/18 Tr. 227:20--228:4; Tobias Decl. ¶¶ 7--8; Tobias Dep. 145, 198--99; Gundrum Dep. 273--75; Merrell Dep. 257.) Additionally, defendant notes, supervisors would sometimes depart from the times that the production line was scheduled to run, providing more time for donning and doffing. (See Molnar 5/18 Tr. 215:24--216:2, 216:16--21.) As discussed at length below, plaintiffs dispute that the schedule was implemented in this manner.
Between May 2001 and December 2007, this schedule, in its various revised versions, provided the primary basis for an hourly production worker's compensation. Hourly production workers were required to punch in and out at time clocks before and after their shifts, but these punch times were used primarily to track attendance and to account for unplanned deviations from the schedule. At some point before the worker's shift, he or she would punch in;*fn4 the employee's pay for that day, however, generally would commence at a predetermined time, which, according to defendant, matched with the "Shift Punch In Time" indicated on the schedule. (Seabold 5/17 Tr. 143:4--7, 5/18 Tr. 104:8--11; Ythier Decl. ¶ 5, Oct. 13, 2009.) Similarly, at some point before leaving the plant at the end of the shift, an hourly production worker was required to punch out; the worker, however, generally would be compensated according to the scheduled "Shift End Punch Out Time."*fn5 (Ythier Decl. ¶ 5, Oct. 13, 2009.) Compensation for workers who had to come in early or stay late for work would be adjusted to account for this extra time (Seabold 5/18 Tr. 82:8--25), and workers who arrived late or left early would be paid according to their punch-in or punch-out time, rounded to the nearest fifteen-minute increment (Seabold 5/18 Tr. 83:4--8, 95:10--24). Supervisors were responsible for reviewing workers' punch reports each day and editing them to reflect the appropriate compensation period for each worker. (Seabold 5/17 Tr. 159:9--160:5; Camasta 5/18 Tr. 228:12--18; Molnar 5/18 Tr. 217:14--218:24.) For example, if a worker punched out at some point after the scheduled "Shift End Punch Out Time," the supervisor would check to ensure this was because the worker stayed late to work: if so, the worker would be paid according to his actual punch time, rounded to the nearest fifteen-minute increment; if not, the supervisor would edit the punch report to match the scheduled "Shift End Punch Out Time." (Camasta 5/18 Tr. 226:15--227:19, 228:12--230:22, 243:10--16.) Similarly, if a worker began work before his or her scheduled start time, the supervisor would edit the worker's report to reflect the extra work time. (Seabold 5/18 Tr. 91:19--23.) Workers were not required to punch in or out for the thirty-minute unpaid meal period. (Ythier 5/17 Tr. 119:25--120:2; Seabold 5/17 Tr. 154:2--21, 155:14--156:5.)
b. Post-2007 System
In December 2007, defendant changed its compensation system for hourly production workers. Under this new compensation system, workers were paid according to the times they punched in at the beginning of the day and punched out at the end of the day. (Good 5/18 Tr. 120:6--10; Tobias Decl. ¶ 9.) Defendant did not alter its compensation system for the meal period, however, leaving the pre-2007 schedule posted and continuing to base its pay according to the predetermined allowances for meal-period donning and doffing set forth therein. (Good 5/18 Tr. 121:23--122:9; Tobias Decl. ¶ 9.)
At the same time as this new compensation system went into effect, defendant also changed the location of time clocks where workers would punch in and out, moving them to the entrance of each production department. (Good 5/18 Tr. 119:11--120:5; Tobias Decl. ¶ 9; Polanco Dep. 157--58; Gomez Dep. 181--82.) Defendant also changed the manner in which it would distribute the required, and some optional, items of PPE to hourly production workers: rather than obtaining these items from the supply room, workers now would pick them up from racks and tables located inside or immediately outside of the entrances to each production department. (Good 5/18 Tr. 120:17--121:10; Tobias Decl. ¶ 10; Caba Dep. 134; C. Torres Dep. 131--32.) Defendant continued to use the supply room to distribute other items, such as cotton gloves. (Polanco Dep. 176--77.)
B. The Instant Litigation
1. Plaintiffs' Complaint
On February 23, 2007, plaintiffs Luz Lugo and Yesenia Marco filed a Representative Action Complaint, claiming defendant's compensation practices violate the FLSA and seeking to proceed collectively under 29 U.S.C. § 216(b). (Doc. 1.) On July 20, 2007, defendant filed a Motion to Dismiss (Doc. 34), which the Court denied (Doc. 54). On January 24, 2007, plaintiffs filed an amended Representative Action Complaint (Doc. 55), to which defendant filed an Answer on February 11, 2008 (Doc. 60).
2. Conditional Certification and Opt-Ins
On December 20, 2007, plaintiffs filed a Motion (1) for Class Certification (or Alternatively for Conditional Certification) of the Plaintiff Class; (2) to Serve Notice of Suit Upon Potential Plaintiff Class Members; and (3) to Compel Defendant to Provide the Names and Last Known Addresses of Potential Class Members. (Doc. 50). On January 23, 2008, the Court held an unrecorded telephone conference call with the parties to discuss discovery. After receiving briefing from the parties regarding what discovery, if any, would be needed to adjudicate Plaintiffs' Motion for conditional certification (Docs. 57, 59), on March 7, 2008, the Court granted conditional certification under § 216(b) (Doc. 62). The conditionally certified optin class was defined as follows:
All current and former employees of Farmer's Pride, Inc., who worked as hourly production and support workers at Farmer's Pride, Inc.'s Fredericksburg, Pennsylvania poultry processing facility at any time between February 23, 2004 and the present, who have not had their Fair Labor Standards Act ("FLSA") claim previously adjudicated by a court of law. (Docs. 64, 68.) The Court then authorized notice of the collective-action lawsuit and opt-in consent forms to be sent to potential class members. (Doc. 68). Over 300 opt-in consent forms were returned (Docs. 72--264; 271--397); subsequently, four opt-in plaintiffs voluntarily withdrew from the suit. (Docs. 421, 422.)*fn6
3. Motion to Decertify
On October 15, 2009, defendant filed the present Motion to Decertify the Collective Action Class (Docs. 432--33), followed by a Memorandum of Supplemental Authority (Doc. 436). On November 25, 2009, plaintiffs filed a Memorandum in Opposition (Doc. 448), to which defendant filed a Reply on December 29, 2009 (Doc. 453). With the Court's permission, on January 21, 2010 plaintiffs filed a Surreply (Doc. 455), a Motion for the Application of Anderson v. Mt. Clemens Pottery Burden-Shifting at Trial (Doc. 454), and a Proposed Trial Plan (Doc. 456). Defendant filed a Combined Response to these latter two motions on February 1, 2010. (Doc. 458.) On February 4, 2010, the Court held oral argument regarding these motions. (Doc. 461.) At the Court's request, the parties submitted supplemental briefing to address various questions raised during that argument. (Docs. 463, 464.)
As noted, following oral argument, the Court determined an evidentiary hearing would be appropriate and useful in elucidating whether collective adjudication of plaintiffs' claims was warranted. (Doc. 465.) This evidentiary hearing was held on May 17--18, 2010. The parties submitted additional briefing after the hearing. (Docs. 482--86, 489--90.)
4. Modifications to the Scope of the Collective-Action Class
Over the course of the briefing on defendant's Motion to Decertify, plaintiffs have narrowed the scope of workers and claims for which they seek collective-action treatment. Initially, plaintiffs sought to certification as to defendant's compensation practices both before December 2007, when compensation was based on the predetermined allowances in the schedule, and after December 2007, when compensation was changed to a punch-to-punch system for the start and end of the shift. Plaintiffs now have made clear, however, that they only seek to collectively challenge defendant's compensation practices between February 23, 2004 and December 2007, as well as defendant's continued use of predetermined allowances for the meal period in the post-2007 system. (Pls.' Post-Hearing Br. 1 n.2, Doc. 483.) Plaintiffs no longer challenge defendant's post-2007 punch-to-punch system. Plaintiffs have also indicated that any plaintiffs who worked solely in the Sanitation Department of the plant should not be included in the collective action. (Pls.' Mem. in Opposition 2 n.5, Doc. 448.) Accordingly, the Court will analyze the question of certification with these restrictions on the collective action in mind.
A collective action under the FLSA may be maintained against any employer . . . by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a ...
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Alma 43-45,
"From the Book of Mormon come other precious promises, including promises of peace, freedom, and blessings if we "will but serve the God of the land, who is Jesus Christ" (Ether 2:12).
From its pages comes the promise of "never-ending happiness" to "those that keep the commandments of God. For behold, they are blessed in all things, both temporal and spiritual" (Mosiah 2:41).
From its pages comes the promise of "incomprehensible joy" to those who become "instrument[s] in the hands of God" in rescuing His precious sons and daughters (Alma 28:8; 29:9).
From its pages comes the promise that scattered Israel will be gathered—a work in which we are engaged through our great worldwide missionary efforts (see 3 Nephi 16; 21–22).
From its pages comes the promise that as we pray unto the Father in the sacred name of Jesus Christ, our families will be blessed (see 3 Nephi 18:21).
From a study of its pages comes the fulfillment of the prophetic promise that "there will come into your lives and into your homes an added measure of the Spirit of the Lord, a strengthened resolution to walk in obedience to His commandments, and a stronger testimony of the living reality of the Son of God."
And from the pages of the Book of Mormon comes Moroni's promise that through prayer, real intent, and faith in Christ, we may know the truth of these promises "by the power of the Holy Ghost" ." ("Precious Promises of the Book of Mormon," Ensign, Oct. 2011.)


text:
This hand made green coyote style novelty hat is made from 100% wool, with a polyester fleece lining.
The coyote has a stuffed nose, two ears and a tassel to each side.
This winter essential will brighten up any rainy day and it comes in one size making it perfect for adults or children.
Photographs are for illustrative purposes only and shades may vary.


text:
Ok.. Amirah suka buat pom-pom.. so she asked me to do something to her pom-pom... and we made a cute little monsters keychain .. hi..hi..hi without chain actually.. just a ring
Can't deny my interest in painting and folkart or decorative painting. Used to do painting but no more since married. Now m trying to 're-activate' my fingers .. Alhamdulillah, I am very grateful, still got the skills though not as good as before.
Friday, October 28, 2011
Aktiviti bersama anak
Memandangkan belum buatbuat lg deco painting .. dan lama tak update blog.. Hari ni nak masukkan aktiviti dengan anak... hasil dari barang terpakai
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Last week we had a couple days of rain and when it finally stopped we were itching to get outside. The kids had a blast splashing and playing in this mud puddle. They were soaking wet and needed a pre-bath before their actual bath. Evelyn was covered from head to toe in mud.
Tuesday, June 9, 2009
4 comments:
- Liane said...
You're a good mom to allow the mudbaths...looks like fun!
- June 10, 2009 at 6:50 PM
- Alicia said...
These pictures are adorable, especially the expression on the last one!!
- June 11, 2009 at 6:48 AM
This reminds me of the old dune buggy days.
So sweet under all that mud.
Love Mom
- June 14, 2009 at 8:47 AM
- Courtney Kay said...
looks like so much fun! I LOVE playing in the mud with "my" babies!
- June 15, 2009 at 6:34 PM
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What is Cyborg Anthropology?
An Illustrated Dictionary of Cyborg Anthropology is a Companion to the book A Complete Dictionary of Cyborg Anthropology, by Amber Case and Maggie Nichols.
Cyborg Anthropology is a way of understanding how we live as technosocially connected citizens in the modern era. Our cell phones, cars and laptops have turned us into cyborgs. What does it mean to extend the body into hyperspace? What are the implications to privacy, information and the formation of identity? Now that we have a second self, how do we protect it?
A Dictionary of Cyborg Anthropology covers various subjects such as time and space compression, hyperlinked memories, panic architecture, mobile technology, interface evaporation and how technology is changing the way we live.
Useful for researchers, scientists, interface designers, developers, professors, students, and anyone who engages with or wishes to better understand technology and culture.
Written by Amber Case
Amber Case
Illustrated by Maggie Nichols
Maggie Nichols


text:
I just want to share with you a couple of my "finds" from this past weekend.
First was this chair and plant stand. They came with our house; we found them buried in the corner of the garage.
My mom and sister are going to recommend some sort of self sufficient plant to put on the plant stand. I'm picturing a very colorful flower pot with a plant that requires NO care whatsoever. (My thumb is as far from green as they come.)
Also over the weekend, I found a solution to this problem….
Yeah, that is exactly how many plates Hubby and I have been living with for a lot longer than I want to admit. It makes serving a nice family dinner a little difficult.
But thanks to our local Goodwill, I now have this lovely set of plates for just $6.50!
I bought them because I couldn't beat the price and I loved the diner style they had. It wasn't until I got them home that I noticed this…
So, I think that makes it a win/win!
Can't wait to see what I find this weekend!


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Friday, March 11, 2011
Daily Update
HDC Dirtworks finished the sewer line today. B & B will start on Ballinger Way with the water and go up the hill on Monday. Looks like we are on schedule! We only had eight inspections today. :-)
Posted by NoHomelessKids at 3:57 PM
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archetypes in any deep sense. Peruse Dr. Wikipedia's description: I think that in any semiformal setting (a class, for instance), the farthest I'd go is the literary archetype that's essentially just a stock character. I wouldn't argue that these are rooted in much more than convention, and certainly not in a collective unconscious or species memory.
I wouldn't argue that because I'm not intellectually persuaded. But I'll admit that I'm sometimes emotionally persuaded. Sometimes I'll encounter a character or a situation in a book or a film that seems so deeply rooted in common human experience as to make me believe that there is such a thing as common human experience, that seems like it's tapping into such a deep and strong vein of feeling that I feel, at least while I'm feeling it, that this feeling must be flowing from some place beyond my own autonomous and cellular self.
Carrie is one of those characters, and King's success here far outshadows whatever he accomplished with the other two books of his that I've read entirely because Carrie is archetypal. The menstrual blood, the uncheckable rage, the confidential high-school torment, the religious repression - all the factors that go into making Carrie what she is in this book speak to such primal fears and desires, such essential passions, that she seems to have always been there as a character. She transcends the page.
She is an archetype. I already loved her before I met her: I loved her as Willow in Season 6 of Buffy, I loved her as Phoenix in the third X-Men movie. And, as in both of those cases, I rooted for her. How can you not? How can you not root for her when she's finally making the world pay for everything it's done to all women for all time? It's incredibly cathartic.
Carrie rules.


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Fr. 629
In philosophy, answers to "what" questions of this sort most often seek to isolate formal characteristics common to all instances of the entity to be defined. For x to be an instance of y, x must bear universal characteristics A, B and C. These stand as formal a priori characteristics. Notable examples of such questions include "what is knowledge?", central to contemporary epistemology, and the important literature that this question has spawned.
Insofar as pragmatism, holism and epistemic nominalism call into question just such definitions, one can see here a limit to the definitions and endeavors of this kind. Indeed, the characteristics relevant to identifying persons and personhood will vary greatly in virtue of context and situation. So, asking largescale questions of technological innovations, as the question does, is in some respect wrongheaded. Naturally, the way forward lies in asking more targeted questions and deploying smaller-scale notions in more precise contexts.
Accordingly, one should instead ask to what extent person and personhood are defined in terms of biological, genetic and psychological factors. Is there anything within person and personhood which lies beyond the jurisdiction of such factors? This question requires still further precision but can be provisionally addressed from the perspective of an older line of inquiry found in classical and contemporary discussions alike of character. Environment and genetics, nature and nature: how do these interact to account for character?
If one grants that genetics cannot entirely account for environmental factors, then broader reductionist strategies cannot be maintained. For environmental factors call for a different sort of reckoning than the genetic, more comprehensive in scope. Supposing that one were to provide a thoroughgoing account from a biological and genetic perspective, a comprehensive account of environmental factors which exhausted such considerations would still be further required. The methodology of just such an account is difficult to envision at this stage, even within the field of psychology, where experiments center on particular problems and components and eschew, at least in the beginning, an overall view.
Supposing further that environmental factors and their linkage in a comprehensive psychological account themselves do not exhaust the presentation of person and personhood or that the variability of these factors resists explanatory accounts, one must likely postulate, if not a soft explanatory gap, at least the possibility of facing a non-empirical object. Whether this be conceived under the aspect of the Meadian I as source of impulses, an underlying or instinctive subjectivity, or, less dramatically, the many-sided complexity of individuality, the challenge posed is clear: how far can empirical factors define a non-empirical object? (This challenge is further compounded by the dilemmas surrounding identification and definition required by Claim 3, which depends on a rigid epistemological scheme trading on outdated metaphors of classical epistemology.) Again, the need to constrict still further the context makes itself felt, in order to understand better what is at stake in the present formulation of person and personhood.


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A computer science technology news blog based on Google, Microsoft, Apple, Android, iPhone, brings you a wide coverage of Internet media news, gadgets reviews and tips and tricks that you would not find anywhere else. Learn how to tweak Firefox, Facebook tricks, unlock iPhone, iPad and root Android phones.
Saturday, 20 August 2011
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Archive of posts tagged Trump Tower
And the grift goes on
Wasn't that Presidential press conference today fun? Here's some news that isn't. Trump, his wife and his kids are costing the US Treasury a fortune because of their travel and their separate households. To add insult to injury, For Trump, the costs come with an additional perk: Some of the money flows into his own …
Here's a foreboding photograph
From Butch Cassidy and the Sundance Kid: "Who ARE those guys?" Men watch from Trump Tower as thousands of protestors gather outside. #NotMyPresident pic.twitter.com/nPqIcpNfCz — Alex Q. Arbuckle (@alexqarbuckle) November 12, 2016 Regrettably, I haven't a clue who the photographer is.


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- Worldwide Rank #41,653,192
- Follower/Following Ratio 1.59
- Daily New Followers 0
T.C.Nilay Bilgin Twitter Stats
@00LJEE - Tracking T.C.Nilay Bilgin Twitter profile since October 9, 2012
Doğduğun günü bilemezdin ama gideceğin günü bilmelisin... Az tweet, çok retweet. (0Rh+)
T.C.Nilay Bilgin's story
T.C.Nilay Bilgin, also known as @00LJEE has a reasonably significant presence on Twitter and is ranked by us in the 30% percentile for account strength. Active on Twitter since March 2012, T.C.Nilay Bilgin made it to having a respectable 279 Twitter followers and to being ranked 41,653,192 for number of followers among all Twitter users.
Uh-oh... seems like someone has fallen asleep while on duty and is dropping in social relevance. The plot thickens when considering T.C.Nilay Bilgin's follower-to-following ratio, which is 1.59. That's a healthy ratio.
Tweeting is apparently one of @00LJEE's favorite pastimes, with an average of 0 tweet(s) per day in the past 30 days. That's pretty consistent with a total of 35,033 since @00LJEE joined Twitter.
This account is tracked by us for quite some time now, actually since October 2012. As of June 23 2018 we track 289706707 Twitter accounts, so feel free to search for other accounts you're interested in and reveal their Twitter story!
T.C.Nilay Bilgin Tweets
@00LJEE has posted 0 tweets in the last 30 days, which translates to an average of 0 tweets per day.
T.C.Nilay Bilgin Twitter Followers
@00LJEE has 279 followers on Twitter.
This account is #41,653,192 in the worldwide rank of the most popular Twitter users.
T.C.Nilay Bilgin Following on Twitter
@00LJEE is following 175 Twitter accounts.
Last month this account stopped following 58 users.
T.C.Nilay Bilgin Predictions & Milestones
@00LJEE will hit 279 followers in the next 3 months, and 279 in one year.
You are on T.C.Nilay Bilgin's Twitter stats page
We track these Twitter stats since October 9, 2012 . You can see how many followers T.C.Nilay Bilgin lost or gained and what the prediction is for tomorrow or the next 15 days, together with all kinds of other stats like rank compared to all Twitter users, tweets etc.
Why don't you give it a try and compare T.C.Nilay Bilgin to yourself ? Or if you are T.C.Nilay Bilgin get even more feature rich & up-to-date stats with our premium Twitter Stats.
Twitter Counter is the #1 Twitter stats site powered by Twitter. It all started in June 12, 2008 and we grew rather rapidly because of our Twitter Counter badge. The button is a nice small image that shows your visitors how many followers you have on Twitter. Within a year the button was on many many blogs around the world and we displayed more than 100 million buttons in one month. We track follower stats for over 289.706.707 users now.


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Which fin is the largest ona perch (fish)?
Good question – It seems that in the Perch family, there are more than one type of perch. I think the largest type of fin would be a toss-up between the dorsal and the tail fin. The fins have spikes as well, which are used for protection. Info from Google: Yellow perch (Perca flavescens) Scientific classification Kingdom: Animalia Phylum: Chordata Class: Actinopterygii Order: Perciformes Family: Percidae Genus: Perca Linnaeus, 1758 Species P. flavescens (Yellow perch) P. fluviatilis (European perch) P. schrenkii (Balkhash perch) Perca is the genus of fish referred to as perch or yellow perch, a group of freshwater fish belonging to the family Percidae. Perch, of which there are three species in different geographical areas, lend their name to the largest order of vertebrates: the Perciformes, from the Greek perke meaning perch, and the Latin forma meaning shape. Many other species of fish are also called "perch." Perch have "rough" or ctenoid scales. When looking through a microscope,


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Using a formula called the best/test will help you. Best refers to what you do best. Test is short for testimonial—a short description of you succeeding brilliantly at what you do best and want others to remember.
Here's how to construct your best/test. The first sentence of your reply tells the one thing—of all your many talents and skills—you do best. The second sentence gives a brief example and is a testimonial to your talents. It should briefly show how you saved the day, served the client, or solved the problem. Use only ten words or so in your first sentence to tell what you do best. Keep it snappy and jargon-free. Aim to be understood by a ten-year-old. Use exciting, colorful, vivid language.


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Saturday, September 28, 2013
D is for Donut
Later in the day, after Daddy came home and we went out for a drive and back, the little ferret may have sneaked into the kitchen and ate most of the two we had left (which I made the mistake of leaving out on the counter). Stinker!
On the whole, these donuts were a hit on all counts. Yay for D week!!
Posted by Tyler & Erin Johnson at 3:19 PM 1 comment:
Tuesday, September 24, 2013
C is for Car and Comrades and Chaos
And now we come to C week. We had some planned C activities like painting. Painting is always a hit.
Here's a better picture if you're interested. Not too shabby.
Here's a better picture if you're interested. Not too shabby.
Posted by Tyler & Erin Johnson at 2:55 PM No comments:
Thursday, September 19, 2013
9 Months
Albert turned 9 months old yesterday!
Happy 9-months, Baby Boy!!
Posted by Tyler & Erin Johnson at 5:24 PM No comments:
Wednesday, September 18, 2013
First Day
So what was I supposed to be posting about? Oh yes, Asher's first day of preschool. I keep getting distracted by how cute he looks with his hands in his pockets.
He was pretty sad that he doesn't get to go everyday (it's a Monday, Wednesday, Friday program) so I'd say he likes it. Woohoo!
Oh, a note on his hair: We were doing a pre-preschool hair cut and may have accidentally knocked off the guide in the process. Whoops! So he got a Daddy hair cut. As Tyler said, it was going to happen eventually. He didn't seem to mind so that's good. Anyway, just to reiterate, he's not sick, just a little less hairy.
Posted by Tyler & Erin Johnson at 2:47 PM No comments:
Tuesday, September 17, 2013
Thirty One
Here he was opening Addilyn's birthday card.
We decided to go really low key. Tyler drank some coffee in bed and read a book. Then, later on, he went to a coffee shop and drank some more coffee and read a different book.
Happy birthday, Sweetie! I hope it was a good one!!
Posted by Tyler & Erin Johnson at 4:56 PM No comments:
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Center For Popular Democracy Demands Justice For Philando Castile And Charleena Lyles
NEW YORK – The Center for Popular Democracy released the following statement from Network President and Co-Executive Director Jennifer Epps-Addison in response to the acquittal of the Minnesota police officer who killed Philando Castile and the brutal killing of Charleena Lyles, a pregnant mother shot to death by a police officer in front of her children in Seattle on Sunday:
"We are heartbroken and outraged by the news out of Minnesota and Seattle this weekend. Philando Castile and Charleena Lyles were both failed by a justice system that too often dehumanizes Black men and women, and that contributes to violence, not safety, in communities of color around the country.
Over and over again - whether in Baltimore, Oklahoma, Cincinnati, or countless other cities across the country - police officers who have killed are left unaccountable for their deeds, while their victims' families and communities endure unspeakable and eternal trauma.
What has become clear is that the way police operate simply does not work for our country, and this weekend's tragic and infuriating events should be a wake-up call to truly rethink our frameworks for public safety and law enforcement.
Ultimately, justice does not look like police officers getting convicted. It looks like our government putting real resources into building and sustaining our neighborhoods and cities - not punishing them. It looks like Philando Castile and Charleena Lyles being alive.
Communities from across the country who have been torn apart by police brutality are increasingly coming together to hold law enforcement officers accountable and building power within their community to confront state violence. The Center for Popular Democracy will continue to stand in solidarity with these communities and fight for a future that respects and honors Black lives."
Media Contact:
Asya Pikovsky, apikovsky@


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House Bill No.4353 gives shelters the ability to do criminal background checks on potential adopters.
If the adopter has a criminal history of animal abuse, the organization can refuse the adoption.
Earlier versions of the bill would have required a criminal background check, but the bill that passed simply gives the organization the ability to use the Internet Criminal History Access Tool (ICHAT).
Adoption Centres "may choose not to allow an individual who has been convicted of an animal abuse offense to adopt an animal unless a period of at least five years has elapsed since the date of his or her conviction."
The legislation was called Logan's Law after a March 2012 incident in which a Wales Township husky named Logan was blinded by an acid burn. The dog died a few months later.
Unlike earlier revisions of Logan's Law that included an animal abuse registry, using the ICHAT system for criminal background checks will come at little to no cost to the state.


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Wednesday, February 22, 2006
Karen Finley Correction.
Wishful thinking I guess. I couldn't wait so I made it a month early in my head and in my post. Sorry 'bout that.
McNally Robinson at 50 Prince Street at 7 pm on April 3.
Barnes & Noble at 4 Astor Place at 7 pm on April 5.
Posted by Heart As Arena at 9:46 PM
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Sunday, 5 January 2014
New Year Greetings
Compliments of the season guys. Happy new year. Its been a long break from blogging. With joy in our hearts, we wish you a beautiful year ahead. May your dreams come true. Thank you for the patronage. Lets do it again this year...ciao!
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"Sometimes I consider myself there as a stone before a carver, whereof he is to make a statue; presenting myself thus before GOD, I desire Him to form His perfect image in my soul, and make me entirely like Himself." –Brother Lawerence (Practicing the Presence of God)
I love this imagery . . . we are the stone and prayer is going to God and saying "chip away". Form me, cut me, mold me . . . make me look like you.
Prayer is to be carved into the image of the Son.
Oh LORD would you carve me with your tools . . . your people, trials, challenges . . .
Oh LORD would you carve me with your Living Water . . . your word, your very presence . . .
To look less like me and more like Christ.


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Things started off well with a platter of fish and chips! The next day there was an awesome tropical storm so our trip to water world - and the debut of my 1940's swim suit - was cancelled! The day turned out sunny and fine anyway and we sat around eating sausages and salad at a BBQ.
Next day was super sunny and I got a bit sunburnt. (If you decide not to take your parasol with you to Queensland because it seems like too much drama please, please think again!) We caught the City Cat - a ferry along the river. It was lovely and we got to look at all the grand old Queenslanders lining the riverbank. We stopped off for brunch - yummy Italian savory mince - so good both Donna and I will be having it again for dinner soon! Then we went for a wander along Southbank - where the not very OHS conscious Brisbane City Council have built a pool and beach. Donna and I took our shoes off and paddled our toes.
The day was actually a lot sunnier than it looks here! We had homemade lemonade and then more food! And a laze beneath a tree by the river. Brisbane is so green and lush, though there's still plenty of evidence of the floods. I saw bush turkeys and lots of parakeets and ibis and all the jacarandas were in bloom.
There were lots of trips to the park and playtime with Gussie - who, I must say is a very chilled out kid. I had such a relaxing time - I feel very rested. It was great to simply hang out with Donna and just blather on. I do miss her!
- Posted using BlogPress from my iPad


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Perspective for my Computer Security students.
Home Depot SEC Filing – Pretax Breach Cost $43 million
eSecurity Planet – "In a recent SEC filing, Home Depot stated that a recent data breach that exposed 56 million credit cards and 53 million email addresses cost the company $43 million in the third quarter of 2014 alone. Specifically, Home Depot says it "recorded $43 million of pretax expenses related to the data breach, partially offset by a $15 million receivable for costs the company believes are reimbursable and probable of recovery under its insurance coverage, for pretax net expenses of $28 million." Those expenses, according to the filing, included "costs to investigate the data breach; provide identity protection services, including credit monitoring, to impacted customers; increase call center staffing; and pay legal and other professional services."
For my Ethical Hackers who drive to school each day in a new car and my Computer Security students who wonder how they do it.
Can Hackers REALLY Take Over Your Car?
Zubie is a small box that plugs into the On-Board Diagnostics (ODBII) port found in most modern cars. It allows users to find out how well they're driving, and offers tips for extending their mileage with sensible, economical driving. And until recently, Zubie contained a serious lapse in security that could leave users vulnerable to having their car remotely hijacked. [Imagine the fun if those insurance company plug-ins had this vulnerability. Bob]
"I means what I sez and I sez what I means." Popeye?
"I swear I'll kill you, I'll kill you a million times." Milton Berle
The Supreme Court is preparing to weigh in on a landmark free speech case that raises crucial questions about the First Amendment in the age of the Internet.
The high court next week will sit down to decide whether or not police need to prove that people posting threats online actually intend to carry them out.
Free speech groups warned ahead of Monday morning's arguments that a ruling in favor of the government "runs the risk of punishing protected First Amendment expression simply because it is crudely or zealously expressed."
"As more and more speech moves onto the Internet, [What actually changes? (besides the size of the audience) Bob] the constitutional protections afforded to online speech will increasingly determine the actual scope of First Amendment freedoms enjoyed by our society," the American Civil Liberties Union, the Center for Democracy and Technology and other organizations warned in a friend-of-the-court brief.
… The Constitution protects virtually all forms of speech, but has an exception for "true threats" such as a bomb threat or murder plot, which are punishable under the law. While the court has defined what counts as a true threat in many ways, there are still some lingering questions that could be increasingly important as more and more communications move onto the Internet.
… "Requiring proof of a subjective intent to threaten would undermine one of the central purposes of prohibiting threats," the Obama administration argued in a brief presented to the court.
Tools & Techniques for my students and fellow teachers.
11 Free Mind Mapping Tools Compared In One Chart
That chart is embedded below as a PDF. A Google Docs copy can be found here.
For all my students.
How To Build The Perfect LinkedIn Profile
LinkedIn can serve as an awesome way to make yourself stand out. It could be the ticket to landing your dream job.
Of course, a perfect profile isn't going to happen automatically. You need to know how to build your profile. You need to know how to give the right amount of information, and how to sell yourself. Sound complicated? Don't worry, this infographic will break down everything you need to know!
Via Quick Sprout


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All the lastest news and gossip, you can use the links to go to the news paper or media which published the story, this will be a daily round up of what the papers have been saying latest Premier League gossip and transfer news
6th July 2013
Chelsea's hopes of signing Real Madrid midfielder Xabi Alonso
have been given a massive boost with the Spanish side interested in signing Real
Sociedad player Asier Illarramendi as a replacement.
story: Daily Star
Everton and Tottenham look set to battle it out as they attempt to sign
Barcelona forward Gerard Deulofeu on loan.
Full story: Independent
Hull manager Steve Bruce wants to sign South Africa
striker Katlego Mphela - nicknamed Killer because of his lethal finishing - from
Mamelodi Sundowns.
Full story: The Sun
West Ham have agreed a £6.7m fee to sign Colombian striker Duvan Zapata
from Argentine club Estudiantes.
Full story: Daily Mirror
Napoli will move for Manchester City striker Edin Dzeko if they
miss out on top target Stevan Jovetic, of Fiorentina.
Full story: Daily Express
Norwich goalkeeper John Ruddy is in advanced talks over a move to
Full story: Daily Express
Queens Park Rangers are preparing a £4m offer for Celtic striker Gary
Hooper who is also wanted by Norwich City.
Full story: The Sun
Swansea City manager Michael Laudrup is ready to join the chase for
Blackburn Rovers forward Jordan Rhodes after making a firm inquiry about
the Scottish international.
Full story: Daily Telegraph
Manchester City are set for talks with Roma with a view to buying striker Pablo Osvaldo
Full story: Manchester Evening News
Swansea City have stepped up their efforts to sign striker Wilfried
Bony from Vitesse Arnhem with an improved £13.7m package.
Full story: Daily Mirror
Loic Remy could play for Queens Park Rangers in the Championship next
season as other clubs show little interest in the France striker.
Full story: London Evening Standard
Spanish club Levante want to sign Arsenal's striker
Marouane Chamakh.
Full story: Daily Mail
Manchester City's pre-season tour of South Africa could be thrown
into chaos because of Nelson Mandela's continued ill health.
Full story: Daily Mirror
Chelsea defender John Terry has revealed how Roman Abramovich's arrival
at Stamford Bridge left him fearing for his place in the side - but says the
Russian's desire to win trophies has transformed the club.
Full story: Daily Mail
Everton's new assistant manager Graeme Jones believes Roberto
Martinez faces a challenge to change the Toffees' style of play.
Full story: Sky Sports


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Hi everyone,
we will be going 24/7 as of September 3rd. We are busy stocking the store with supplies, and we do have fish in the river. There is a heavy concentration of fish up river that we were able to enjoy all week long in town. Not much behind the fish we had earlier this week, but it is raining and we do have a water level change coming Labor Day weekend. Please call (315)298-4343 for any information. We are booking heavy so you'd better call now!


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Gym Class
Out of all my classes, I particularly like gym class. Why? Because in gym class you can have fun and get out in the fresh air. We play baseball, basketball, football and practice running. It's fun. When you are defeated, you can't lose hope because failure is the mother of success. And when you are victorious, you will be happy. I like gym class. I really like it.
- 上一篇文章: Sportsmanship
- 下一篇文章: Inner Beauty


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The 24th James Bond adventure SPECTRE is now on Digital HD™, Blu-ray™ and DVD. In SPECTRE, a cryptic message from the past sends James Bond on a rogue mission to Mexico City and eventually Rome, where he meets Lucia Sciarra, the forbidden widow of an infamous criminal. Bond infiltrates a secret meeting and uncovers the existence of the sinister organization known as SPECTRE.
Meanwhile back in London, Max Denbigh, the new head of the Centre for National Security, questions Bond's actions and challenges the relevance of MI6, led by M. Bond covertly enlists Moneypenny and Q to help him seek out Madeleine Swann, the daughter of his old nemesis Mr. White, who may hold the clue to untangling the web of SPECTRE. As the daughter of an assassin, she understands Bond in a way most others cannot. As Bond ventures towards the heart of SPECTRE, he learns of a chilling connection between himself and the enemy he seeks.
All rights reserved on the opinion of the written content Createwithmom © 2010 - 2016. Please Ask First Disclosure: For reviews/ sponsored posts I may have received special perks as part of my affiliation, all opinions and thoughts expressed our my own


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The other day I tried to take a picture with my phone but I couldn't because my memory was full. I went through my usual routine of deleting messages and a couple of bad pictures to make room for a new one and then decided that it was time to clean out my photo album. I try to do this every once in a while but there are some that I have a hard time deleting, even though they are kind of blurry and not really worth saving. So, before I clean out my phone and delete a lot of pictures for good, I'll share them with you so that I won't really have to say goodbye, they will be kept safe and sound somewhere in the blogesphere.
Addy loves to go to Flying Star
Addy loves to go to Flying Star
Shopping Like a Big Girl
Addy thinks She's a big girl, watching TV with her buddies
New Outfit
George is such a good snuggler
Happy Cow Appreciation Day!
Hi Grandma!
Such a big girl!
Hanging Out
Silly Girl!
I wish she still fit on my lap like this
This was during her old man hair phase
This is the wallpaper on my phone. I love it!
First Giggles
Easter Sunday
Finally home.... she looks so small in her own crib
Crashed on Dad
Daddy's Girl
First Family Photo
Brand New
Linking up with the The Paper Mama for Wordlessish Wednesday


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The Lawless Nineties1936
The Lawless Nineties (1936)
Critic Consensus: No consensus yet.
The Lawless Nineties Photos
Movie Info
Watch it now
as John Tipton
as Janet Carter
as Charles K. Plummer
as Major Carter
as Steele
as Bridger
as Mose
as Mandy Lou
as Marshall
as Davis
as Smith
as Red
as Hartley
as Green
as Ward
as Pierce
as T. Roosevelt
as Belden
as Outlaw Leader
as Tex
as Palmer
as Outlaw
as Green
as Telegraph Operator
as Henchman
as Belden
as Dynamite Thrower
as Deputy
as Townsman
as Henchman
as Telegraph Operator
as Henchman
as Townsman
as Henchman
Critic Reviews for The Lawless Nineties
All Critics (1) | Fresh (1) | Rotten (0)
Audience Reviews for The Lawless Nineties
One of the dozen of quickie oaters the Duke did on his way up. This one has the bonus of Ann Rutherford also on her way up before being signed by MGM as well as Hattie McDaniel's sister Etta in a small role but the whole thing is strictly routine.
Super Reviewer
The Lawless Nineties Quotes
There are no approved quotes yet for this movie.


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Carl Zeiss 2/25 Distagon T* Review
The newly-redesigned, faster version of the 25mm Distagon is a power tool for reportage. With a higher asking price come improved handling and nearly flawless performance at near and middle distances. The new 25mm ZF.2 is more than a viable alternative for the big systems' fast lenses of similar focal length, it just might be the preferred choice.
Carl Zeiss 1.4/35 Distagon T* Review
Despite strong roots in photojournalism, the Nikon F system somehow failed to maintain a stable of modern fast wide-normal lenses for most of its history. The landscape changed dramatically when, in the middle of 2010, Nikon users suddenly found themselves with choices of fast wide-normals to suit almost every budget and shooting style. The Zeiss Distagon in this review is the most controversial among these new options.
Nikkor 300mm f/4G AF-S IF-ED Review
As a class, 300mm f/4 lenses are the standard for the rational photographer in need of moderate reach. This Nikkor is a superb example of the class, but like the other Nikkor (non-exotic) telephotos it is relatively obsolete today. In short, a lens of this focal length needs to have stabilization.
Nikkor 180mm f/2.8D AF IF-ED Review
The recent surge of activity surrounding prime lenses has yet to reach the classic primes with focal lengths above 100mm. Only the exotic "Super" telephoto lenses have been updated in recent years, and at a frequency that hardly seems reasonable. Meanwhile, moderate telephoto primes from all equipment manufacturers grow old and dusty on store shelves as the years pass. The 180mm Nikkor lens is an example of this decades-old trend.
Leica 28mm Summicron-M ASPH Review
The 28mm Summicron ASPH is both a landmark optical design and one of Leica's most appreciated lenses out in the field. It is to date the best combination of quality, speed and size for the versatile 28mm focal length – the perfect documentary lens. What's more, not only is this Summicron nearly the perfect lens technically, it is also a very pretty object to behold.
Carl Zeiss 2.8/25 Biogon T* Review
The 25mm Biogon is a wide-angle lens of a simple type that is currently specific to the M system. This imparts the lens its small size, simple distortions and excellent performance. In more ways than one this Biogon sits halfway between the 25mm Distagon ZF and 24mm Elmarit-M.
Carl Zeiss 2/50 Planar T* Review
The 50mm Planar ZM is one of the simplest lenses ever made, yet performs more robustly and consistently than almost any other lens. It is very closely related to the more-storied 50mm Summicron-M, of nearly identical size and capabilities, that it challenges in the marketplace. This Planar is a fundamentally boring lens with its lack of buzzwords to rave about and also substantive flaws to gripe about.
Leica 24mm Elmarit ASPH Meta-Review
The 24mm Elmarit-M ASPH is an elegant lens emblematic of the M system. It bridges the vast chasm between journalism and architecture, in a form factor that defies all conventional wisdom borne by a DSLR world. How can so small a thing be so sharp, everywhere?
Sigma 85mm f/1.4 EX HSM Review
The Sigma 85mm f/1.4 EX is only the second example of a new breed of fast prime lenses from Sigma, recently joining the 50mm f/1.4 EX to form what now looks like a promising new lineup. We typically expect Sigma lenses to underperform compared to Nikon or Canon lenses with an offer of performance proportional to asking price. On most metrics this new lens is a delightfully solid match however – in fact there is little to fault the optical cell of this 85mm lens – and for most photographers the verdict will come down to secondary qualities of off-brand lenses.
Leica M9 Review
The Leica M9 is a controversial object in photography partly because it is a Leica, which implies some generic controversy, and partly because it is itself a messy blend of luxurious quality and lack of polish. It would be easy to dismiss the digital M camera as a collectible toy for the rich and eccentric if only it wasn't so enjoyable for photographers to actually shoot with it. This is the reality of the M9: it is a second-rate digital camera that also supports a deeper connection with the act of making a photograph. If you actually enjoy making photographs then this should really appeal to you.


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Friday, 14 November 2008
Destinations: Baligowka Peatbog - Poland
The Baligowka Peatbog lies in southern Poland, in the Orawa region, just north of road 957 between Czarny Dunajec and Piekielnik. This is about 30 minutes drive north-west of Zakopane and the Tatras. There is a convenient board-walk nature trail through the open bog. Though, like many such bogs, Baligowka can often be a silent and seemingly birdless place, it is a reliable place to see Black Grouse, which are resident. Other breeding birds include Hen Harrier, Common Quail, Corncrake and Great Grey Shrike. This photo was taken at dusk in November 2008.
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After missing the Senior race on Saturday, Michael Dunlop has won the Junior race at this year's Classic TT riding an MV Agusta.
It was a battle between Dunlop and Michael Rutter for the race victory with the former pitting while the latter did not have to. Dan Cooper was first away with Rutter leaving third and Dunlop fourth – Olie Linsdell was a non starter meaning everyone else shuffled up on.
It was Dunlop with the lead at Glen Helen by seven seconds over Rutter. Jamie Coward was third with Alan Oversby fourth and James Cowton fifth. Cowton became an early retirement, as did William Dunlop, allowing Cameron Donald to move into fifth at Ballaugh. The gap between the top two continued to rise and fall with Dunlop's lead 10.8 at Ballaugh, 10.4 at Ramsey, 11.4 at the Bungalow, 11.9 at Cronk ny Mona and 10.9 by the end of the first lap. Coward ended lap one third ahead of Oversby, Donald, David Madsen-Mygdal, Danny Webb, Dan Cooper, Alex Sinclair and Philip McGurk.
The gap remained around 11 seconds at the start of the second lap but dropped when Dunlop slowed for the pits. Rutter started the third lap 35 seconds clear of Dunlop, with Coward 14 seconds behind the Ballymoney man in third. Dunlop didn't hang about and closed the gap to 28 seconds at Ballaugh. It continued to drop and stood at 13 seconds at the end of the penultimate lap.
Dunlop had the lead back by Ballaugh on the following lap and it only continued to rise, finishing at 10 seconds as they crossed the line.
Elsewhere Coward retired during the third lap allowing Oversby into third. Donald finished fourth with Cooper fifth, Webb sixth, and Sinclair seventh. McGurk finished eighth with Madsen-Mygal eventually ninth and Bill Swallow tenth. Joining Coward on the sidelines were Peter Boast, James Cowton, Dean Harrison, and Alan Bud Jackson amongst others.


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|Bojan Smojver <bo...@binarix.com>
|Re: [PATCH] SingleThreadModel Pool for TC 3.3
|Fri, 05 Oct 2001 00:47:23 GMT
"Schreibman, David" wrote: > > I'm submitting this with mixed feelings since the recent discussion has > shown strong opinions about the utility of the SingleThreadModel. STM as a concept has so many flaws that I tend to side with Jon (ie. it should be dropped from the spec). Personally, I was dragged into it as well, thinking that it solves real world problems. But, as we all know, there is no such thing as free lunch. Things have to be done the hard way (ie. one actually has to use the brain while coding). > I was already in the middle of doing the work when all that came about so I > went ahead and finished it. After reaping the benefits of Tomcat for a > couple of years I've been wanting to give something back. So after a recent > post about how to help, I went into bugzilla and found this issue. I don't > even use STM, but was somewhat familiar with the ServletHandler and figured > I could contribute here. > > At a minimum, I had fun doing the work and was able to learn a bit more > about the code base. > > Maybe it will be of some use to others. > > Looking forward to more good stuff from this project!! Thank you for your patch David. Given that TC 3.3 is close to the release, I don't think that this patch will go into it. This has nothing to do with the code, but rather with the fact that when things are close to the release, all changes are more scrutinized then at other times. But I'm sure that other 3.3 guys will also give it a look for subsequent 3.3.x releases. Bojan
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Houkago Princess – Lychee Red no Unmei
Houkago Princess will release their new single Lychee Red no Unmei (ライチレッドの運命) on February 15.
This is the 5th major single of the idol group.
Check out the short version of the MV. In the video clip, the members go back in time of ancient China, under the reign of Yang Guifei, the famous beauty of ancient China and beloved consort of the last Tang Dynasty emperor.


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Here at Mongoose, we have a real passion for miniatures and miniatures gaming - it is in our blood!
Miniatures games from Mongoose Publishing have a reputation for being quick to learn, easy to play, and yet tactically challenging, and several have won industry awards (such as the Origins Awards) in the past.
Fw-200 Condors£6.00These planes searched for Allied convoys, and could perform anti-submarine warfare duties. Learn More
Blucher '40£8.00Equipped with eight 8 in. guns and an engine capable of pushing the ship to 32 knots, Blucher was designed as a pure commerce raider. Learn More
Type XXI U-Boats£10.00Incredibly advanced for its time, it has been said that this is the vessel that might have won the war for Germany, had it appeared two years earlier. Learn More
Type IX U-Boats£10.00A long-ranged submersible, this was the most successful U-boat of the war, with each vessel averaging over 100,000 tons of shipping sunk. Learn More
Type VII U-Boats£10.00The Type-VII spawned several variations and was to become the workhorse of the German U-boat fleet. Learn More
Supermarine Walrus£6.00In the air, the Walrus could carry both bombs and depth charges, and could also function as a spotter or observation aircraft for its parent ship. Learn More
Fairey Swordfish£8.00The Fairey Swordfish covered itself in battle honours during the war, despite being outclassed by almost every enemy it encountered. Learn More
HMS Orion '43£8.00HMS Orion received 13 battle honours, a number exceeded only by HMS Warspite.
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HMS King George V '40£10.00
Built to defend Britain in the war that was clearly coming, the King George V-class of battleships compromised only with their main armaments which were reduced to 14 inch guns to fulfil treaty obligations. However, by mounting ten of them, the King George V could pack a fearsome punch.
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HMS Prince of Wales '41£10.00
Famously involved in the Battle of Denmark Strait against the Bismarck, the Prince of Wales landed three shells on the German ship but was heavily damaged in return. The Prince of Wales was then deployed with the Repulse along the Malayan Coast where it was sunk by Japanese aircraft.
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The Great Silence
Rating: 17/20
Plot: In blizzardy Utah in the late 1800s, bounty hunters run amok, bringing in loads of dead outlaws for financial gain. The titular mute doesn't like them very much and finds ways of getting them mad enough to draw their guns so that he can shoot them in self defense. One widow tries to get Silence to kill a bounty hunter named Loco who shot her husband.
The Great Silence is one of those westerns where the setting is almost more important than the characters. The hills these hills inhabit are drowned in snow, and watching these horses trudge through the mounds of white is impressive. The mute good guy played by Jean-Louis Trintignant is fine as a sort of Eastwood Man-With-No-Name-But-With-a-Nickname. Apparently he was a mute because the actor would only take the role if he didn't have any lines to learn. But he's a cool character with a cool gun. Klaus Kinski dominates as Loco, however, stealing each scene with his eyes. What a great villain! The dubbing in this isn't great although I wonder if Kinski actually did the dubbing for Loco. It sort of sounded like him. I did enjoy the exaggerated dubbed chewing sounds because there's nothing like hearing a guy slurp a chicken. My favorite scene that is not at the end of the movie: a tossed match into a glass of whiskey during a poker game. Nice tension. But the end of this movie? That's what pushes it a notch higher than its Italian Western peers. It's an ending that'll leave your jaw dropping. Great Morricone score, too, if you're into that sort of thing.
4 comments:
Spagetti western? Morricone? It's now at the top of my queue.
- July 5, 2011 at 2:04 PM
- Shane said...
And Kinski!
Excuse the dubbing; love the ending.
- July 5, 2011 at 3:14 PM
Another movie based on real life events, but this one didn't work at all, for me (maybe not enough penis'). Everything seemed second rate, even for a spaghetti western. I was very disappointed in Morricone's dissonant, grating score. Kinski was OK, but a serious ham, and the silent man had almost no charisma. The action was uninvolving, didn't lead anywhere, and concluded with one of the most depressing, pointless endings I have ever seen (even considering the historical basis). Considering how it ended, why even have a hero, especially this hero? Most unforgivably, you gave this a higher grade than the infinitely superior "A Fistful of Dollars". I am curious if anyone outside of cast or crew family members has ever considered "The Great Silence" a better film. A 10 for the first spaghetti western I haven't liked.
- July 29, 2011 at 7:19 PM
- Shane said...
Ham? Well, that nudges against blasphemy.
This one is on quite a few "best of" lists; other than that, don't know what to tell ya. Did think the ending was perfect for this particular hero. As for being better than "Dollars"? That's got that dickhead in it, so there you go...it's also a remake of a far superior film.
And I did enjoy the score.
- July 30, 2011 at 1:46 AM


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June 1, 2015
Sunday Four Poetry, May 24
Mike Burke, one of the co-hosts of this event, was back from Mexico, bringing us some warm, pleasant weather for today's open mic & featured poet, Donald Lev. Mike did the announcements then Edie Abrams took over to serve as MC for the open mic.
First up was Paul Amidon with a trio of poems, "Small Change" to an elderly aunt, "Lights in the Darkness" about fireflies, &, for Memorial Day, "Gold Star Mother." Joe Krausman also had 3 poems, the first on public speaking "Exuberance Is Beauty," then a piece pondering being caught between Heaven & Hell, & thinking about "Making a Living." Bob Sharkey read a Memorial Day piece about seeing a classmate's name on a war memorial "If You Marched in the Victory Parade You Probably Weren't in the Battle," then one of my favorite poems of his "The Lost Language" (about marriage). Dennis Sullivan began with a wedding poem to a student of his many years ago "Reality Comes in Packages that Sometimes Seem Far Less than Real" (or something like that), then a piece titled "A Short Prayer at Day's End" which was neither short nor a prayer.
Joan Gran read a couple poems about having a hysterectomy, "Their First Home" & a celebration of a morphine circus "Post-surgical Dream." Don Levy (not to be confused with today's featured poet) made an appearance with 3 related poems, "Bruce" (i.e., Jenner), "Rockin' with Robin" (his 1st celebrity crush), & "Boring Old Gay People." Peter Boudreaux began with a long, meandering introduction to nowhere, & eventually read a couple poems, "Kelvin" & "Unconditional Memory." Tom Corrado, in contrast, read a wonderfully quirky poem, with no introduction, about getting on the train to New York to see an exhibit at the Guggenheim "Train to Nowhere." I followed with a poem for the holiday "Memorial Day (1999)" & one based on a recent literary essay by Alifair Skebe "What is Your Pilgrimage?"
Howard Kogan read a tribute to Whitman "Walt Everlasting" then the childhood memoir "My Mother's Salami Sandwich." Mike Burke began with a story of a cat who came back, then an old piece "The Kiss" by request, & concluded with a poem for Memorial Day about the body of a soldier being returned from Iraq. Mark O'Brien read a couple of "memorial" poems about members of his family who are gone, his brother "We Caroused" & his father "A Carrot Don't Taste Right Without a Peck of Dirt."
The open mic ended with 2 impromptu non-readings, as sensitive & moving as any "poem." First, Brian Kennedy had signed up as the "Delta 3 Trio," but stood at his place saying he changed his mind about performing but could think of no place he would rather be this afternoon than here. Then Tim Verhaegen stood & made his way to the door, said he wasn't feeling well & had to leave, but paused to tell a short anecdote about talking with Donald Lev at a reading at the Harmony Cafe in Woodstock. A fitting introduction to the afternoon's featured poet.
Sunday Four Poetry (i.e., the 4th Sunday of the month) has one more left before taking the Summer off, 3PM at the Old Songs Community Arts Center, Main St., Voorheesville, NY.
Posted by Dan Wilcox at 9:42 PM
1 comment:
Donald Lev is truly a delicate force, like steel honed to the sharpest, thinnest edge.
- June 18, 2015 at 12:18 AM
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Thursday, January 14, 2016
Initial Reaction to the 2016 Oscar Nominations
I come home from work to see if the Academy has changed their ways in how they determine their nominations. Oh wait, no I didn't because of course they are destined and doomed to repeat their white-first ways and following the motto, "the blander, the better."
Even though I'm fine with the Best Picture selections to a degree (real talk: I have only see 2 out of the 8), I feel the field is too bland, even with Mad Max: Fury Road in there. Maybe if the Academy grew a heart and had Inside Out in there or at least had some acclaimed movies that didn't bomb at the box office, I would have been mildly pleasant.
Seriously, I still haven't seen The Big Short, nor do I have any urge right now, but how in the hell did Adam McKay get a Best Director nom? And over Ridley Scott?!
The Best Actor category was totes obvious. I still wish that Eddie Redmayne wasn't there.
Benicio del Toro not being up for Best Supporting Actor: Heresy. I have heard nothing but bad things about Mark Ruffalo in Spotlight, both from Boston film critics and people angry at his participation in white-washing, so he should be the one to be removed. But at least Tom Hardy deservedly is there!
Nothing really wrong with the Actress categories. All good choices. I sadly knew Charlize Theron wouldn't have a chance. Thankfully, Rachel McAdams is in there instead of easy choices like Helen Mirren.
Very surprised with Best Animated Feature. Minions, The Good Dinosaur, and The Peanuts Movie out and Boy and the World, When Marnie Was There, and Shaun the Sheep Movie in? Yes please! Thank god the animated department of the Academy know what to look at.
Please, oh please, let Roger Deakins win for Best Cinematography. Emmanuel Lubezki has enough Oscars and he shouldn't totally be awarded for his hit-or-miss job with the tiresome The Revenant.
Netflix keeps creeping in but solely through the Documentary awards. Seriously, where the hell is Idris Elba?
Going Clear isn't on the final ballot! Damn you, Tom Cruise!
Hell yeah, "Earned It" over "Love Me Like You Do"! The Weeknd and his goofy hair get to walk down the red carpet and perform live.
Already pulling for Don Hertzfeldt for Best Animated Short. World of Tomorrow was heralded by so many critics.
Other snubs to remember: Aaron Sorkin, Johnny Depp, Will Smith, Michael B. Jordan, Ryan Coogler, Samuel L. Jackson (seeing a trend?), Quentin Tarantino, Todd Haynes, Jacob Tremblay, Joan Allen, and Going Clear
That's all I can muster right now. But again, just wow at the many blown opportunities.
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When I found out that my friend, film historian Jeremy Arnold, was a regular at The Playboy Mansion's storied movie nights, I very calmly flipped out. (What follows is the first part of a two-part blog.)
Me: How did this happen?
Jeremy: I became friends with Hef eight years ago when I interviewed him for Premiere Magazine. We hit it off. He saw me as a fellow romantic about the old movies and old music, and he ended up liking my article, and invited me into his circle of friends. I've been going up there for movie nights almost every weekend since.
Me: What films have you seen? What were Hef's reactions?
Jeremy: Fridays and Saturdays are classics; Sundays are new movies. Hef programs everything personally. Fridays are the more festive classic nights because Hef reads a five or ten minute introduction comprised mostly of comments about film history. One of his friends prepares research notes for him, and Hef goes through those notes and combines them with his own thoughts or knowledge to come up with the final version, which he handwrites on legal paper. Saturdays we just watch the movie sans intro. (Sometimes on Saturday we'll watch a boxing match afterwards, if there's a good one scheduled that evening.) Some recent weekends, Hef showed Sullivan's Travels and High Sierra, The Third Man and Cry Danger, House of Rothschild and Rasputin and the Empress. Two weeks ago he ran Chaplin on Friday and Modern Times on Saturday. Last weekend was his birthday, and we had an annual showing of Casablanca, his favorite movie, followed by caviar and champagne in "Rick's Café" across the hall. (The dining room was decorated for the event.) For that one we all wore white dinner jackets, and the ladies wore vintage dresses. Generally movies will show up on the schedule again after 4 or 5 years. There are often "new" old movies that pop up, but many of the most famous classics – especially the vintage Warner Bros films, and Astaire-Rogers films – pop up pretty regularly.
Me: What does the place look like?
Jeremy: It's a giant living room that has a movie screen that rolls down from the ceiling at one end. Hef and his girls sit on the closest leather couch. There's another leather couch behind it, then a row of armchairs, then a few rows of padded folding chairs, plus various other chairs around the side of the room. In front of Hef's couch are dozens of cushions which are usually occupied by playmates or other girls that are testing for Playboy and staying at the mansion for the weekend, etc. Some of them don't make it all the way through the classic titles, but others do. On a side table are little wooden bowls of popcorn for people to take, and in the back are some bowls of M&Ms, chocolate-covered raisins and peanuts, etc., for people to partake of during the screening. Most of the classic are shown on DVD or Blu-Ray with a state of the art DVD projector. The image is excellent. All Sunday movies, and the occasional classic movie, are shown on 35mm. There's a dual-projector booth in the back and a union projectionist when needed.
Jeremy Arnold will be introducing a screening of Ladies of Leisure at Cinefamily (aka the Silent Movie Theater), next Friday 4/23 at 8pm. He writes for tcm.com and is working on a book about underrated classic movies.
(Movies at the Mansion: Part II will contain the implication of nudity.)


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United States District Court, Ninth Circuit
January 13, 2014
JERRY TRAHAN, Plaintiff,v.U.S. BANK NATIONAL ASSOCIATION, Defendant.
JEFFREY S. WHITE, District Judge
Now before the Court for consideration is the Motion to Remand filed by Plaintiff Jerry Trahan ("Trahan"). Having considered the parties' papers, relevant legal authority, the record in this case, and having had the benefit of oral argument, the Court HEREBY DENIES the motion.
On May 28, 2009, Trahan filed a complaint in Alameda County Superior Court, in which he sought relief on behalf of himself and a putative class, defined as "[a]ll current and former California based employees of U.S. Bank, N.A. with the title Business Banking Officer, ' including trainees for the Business Banking Offer [ sic ] position, however titled, who worked at any time from September 27, 2005 up to the time the class is certified." ( See Docket No. 1, First Notice of Removal, Ex. A (Complaint, ¶ 15).)
Trahan's allegations against U.S. Bank arise following a judgment in Duran v. U.S. National Bank Association, Alameda Co. Sup.Ct. Case No. 2001-035537, in which that court determined that Defendant, U.S. National Bank Association ("U.S. Bank"), illegally mis-classified employees with the title Business Banking Officer or Small Business Banking Officer as exempt employees. According to Trahan, U.S. Bank "has not reclassified the Business Banking Officers" as nonexempt employees and, as a result, U.S. Bank has failed to pay Trahan and the putative class overtime and rest and meal breaks to which they are entitled. Trahan also contends that U.S. Bank willfully failed to pay earned and unpaid wages to Trahan and class members upon termination of employment. ( See Compl. ¶¶ 12-14, 22-43.) Based on these allegations, Trahan asserted claims for violations of California Labor Code section 1194, violations of California Business and Professions Code sections 17200, et seq., violations of California Labor Code section 203, and Conversion. Trahan also sought statutory penalties under California Labor Code sections 210, 226.3, 558, and 1174.5.
On July 9, 2009, U.S. Bank removed the action to this Court and argued that subject matter jurisdiction existed based on the Class Action Fairness Act ("CAFA"), 28 U.S.C. section 1331(d)(2)(A), and based on diversity jurisdiction pursuant to 28 U.S.C. section 1332(a). Trahan subsequently moved to remand and argued that he had expressly alleged that the class consisted of less than 100 class members and that damages did not exceed $5, 000, 000. He also argued that damages for his individual claims did not exceed $75, 000. ( See Compl. ¶ 4.)
On November 30, 2009, the Court granted the motion to remand. (Docket No. 56.) In that Order, the Court concluded that the preponderance of the evidence standard applied, and it determined that U.S. Bank has not met its burden to show the amount in controversy was equal to or exceeded $5, 000, 000.
U.S. Bank sought leave to file an interlocutory appeal, which the United States Court of Appeals for the Ninth Circuit granted. (Docket No. 62.) On May 28, 2010, the Ninth Circuit affirmed the Court's Order granting the motion to remand and stated that Trahan's
wage and hour claims are inherently tied to employment contracts Trahan and the class had with U.S. Bank. Such claims cannot support punitive damages under California law.... Trahan stipulated at oral argument that in light of these authorities... he cannot, and will not, attempt to, collect punitive damages or pursue a conversion claim in this case. Once the claim for punitive damages and conversion were withdrawn by Trahan, for himself and the class, U.S. Bank conceded its inability to show that the jurisdictional threshold is satisfied.
(Docket No. 65, Opinion at 3.)
After the case was remanded, Trahan filed a First Amended Complaint ("FAC") in state court. Trahan dismissed, without prejudice, the claims for conversion, meal and rest break violations, and for statutory penalties based on Labor Code sections 210, 226.3, 558 and 1174.5. Trahan also narrowed the class definition to remove "trainees." Finally, Trahan alleged that "[t]he amount in controversy, inclusive of damages, restitution, attorneys fees, penalties and the value of injunctive and declaratory relief and exclusive of interests of costs, does not exceed $5, 000, 000." ( See Second Notice of Removal, Docket No. 68-3 at ECF pages 38-47 (FAC ¶¶ 4, 15, 22-34, Prayer for Relief ¶ 2).)
Thereafter, a privacy notice was sent to approximately 170 putative class members, and the parties engaged in discovery. On January 12, 2012, Trahan filed a motion for class certification, which included declarations from 11 class members that described the number of overtime hours they had worked. U.S. Bank opposed the motion, and the parties continued to engage in discovery. On August 28, 2012, the state court granted Trahan's motion for class certification, and certified a class of BBOs who worked for U.S. Bank in California between September 27, 2005 and June 30, 2009.
U.S. Bank subsequently moved to stay, and the stated court denied that motion. It also sought appellate review of both orders, but the Court of Appeal denied the writ. The parties then continued to dispute the manner in which the case would proceed in state court, and U.S. Bank sought ...
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December 31, 2012
Tutti Frutti Frozen Yogurt, Honolulu HI
Toppings: Strawberry Popping Boba, Mango Popping Boba, Lychee Jelly, Assorted Jellies
Strawberry Field
Mango Delight
Salted Caramel
Acai Berry
Toppings: Strawberry Popping Boba, Mango Popping Boba, Cookie Dough, Halo Halo
Here it is, Mom and mine favourite DIY frozen yogurt combination we have ever created! It is basically just Honeydew and Lychee frozen yogurt, with a variety of juicy and fruity toppings. The Honeydew flavour was so flavourful, tart, and sweet, as was the lychee one. Both were fantastic. The day before, we also had Lychee Popping Boba in addition to strawberry and mango flavours. The fruit jellies are so chewy and good too, but the bobas are just popping delights!
A new creation included Strawberry Field, Mango Delight, Salted Caramel, and Acai Berry frozen yogurts with Strawberry and Mango Popping Boba, Cookie Dough, and the lovely mixture in Halo Halo. Half of this bowl was fruity and tart while the other half was sweet and hearty. Well, as hearty as frozen yogurt can get anyways. The Strawberry Field and Acai Berry flavours were a little on the sour side. The Mango Delight did not have a strong aroma and the Salted Caramel was just slightly sweet, without much as a hint of saltiness. Perhaps that was due to an overload of sweet ingredients.
Regardless, Mom and I are clearly digging this DIY idea that popped up a few years ago. It is everywhere now but still a memorable experience to enjoy it Mom and see her get excited over the whole concept. Oh, and you gotta love those cute, colorful spoons!f


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Please, give your comment about this picture graffiti, Thanks....
Tribal Arrow 3D Graffiti Alphabet - RYWB Color
Tribal Arrow 3D Graffiti Alphabet - RYWB Color
A Tribal 3-D Arrow Graffiti art dominated the 3-D effect.Graffiti on this to create a beautiful graffiti that combined the two different motifs, but the characters have almost the same, so I will look neat. Two motifs are Tribal and Arrow. Design and Tribal Arrow is a motif that will be suitable and beautiful effect when given 3-D animation on it. And graffiti in this case is also made. So the next step to a more beautiful effect of color is on design. Election as a decorator color design is not that easy because it must consider a few things that will create a beautiful work of art. I selected a color that is good but it would be better if the added effect of light and techniques used in the gradation of color.
Copyright @ http://guardian-graffiti-alphabet.blogspot.com


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Isabella helped me make this card for Kevin's birthday. I pop-dotted the buttons for her and she put them on. She also picked out the ribbon- it coordinated quite nicely, don't you think? I am sure this is just the first of many creations that Isabella will make! Lucky for Isabella, we have every imaginable supply under the sun!
Friday, May 11, 2007
Isabella's first card
Posted by Crafty in Calgary at 11:48 AM
Labels: birthday card, isabella
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Figs are a precious, unique, sensual fruit and a historical part of several world religions and cultures. Driving along desert roads, I recall stopping at small stands to purchase in-season fresh figs in Israel as a child. Now I tend to use dried figs in my baking, out of necessity, but they are still divine. I confess that I didn't think it was possible to make tasty scones using whole-wheat flour, but I proved myself wrong here. The health factor is turned up a notch in these stunning scones, and they make the brunch crowd oh-so-happy! I know my own crowd loves them, and they don't last very long.
Yield: 10 scones
1/3 cup granulated sugar
1/2 cup vegan butter substitute, slightly softened but not at room temperature
1/2 cup soymilk
1 teaspoon vanilla
1 cup whole wheat flour
1 cup all-purpose flour
2 teaspoons baking powder
1/2 teaspoon baking soda
1/4 tsp cinnamon
1/3 walnuts
1/3 chopped dried figs
Maple Glaze
3 tablespoons maple syrup
1 tablespoon powdered sugar
Preheat oven to 350 degrees F. Grease 1-2 baking sheets.
Beat the vegan butter and sugar with an electric mixer. Add the soymilk, lemon juice, peel and extracts. Combine the flours, baking powder, baking soda and cinnamon in a separate bowl. Combine the two mixtures. Knead the dough until the dry mixture is incorporated. Fold in the walnuts and figs very gently.
Form the dough into a 1-2 inch tall round disk. Slice like a pizza into 10 slices and spread the slices out on the baking sheets. Bake for 23-25 minutes or until light brown.
Prepare the glaze. Stir the maple syrup and powdered sugar until the sugar is dissolved and there are no lumps.
Let the scones cool for about 10 minutes. Brush on the glaze and serve immediately.


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Kare n Taylor
High Barnet, Greater London
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