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Is your old hardware made of gold, or just DIRT?
Why it's not worth much, unless it's really old
Must get away from Chinese rare earths! Who here's willing to pull old hard drives apart for 25 cents a go? Well, the Chinese might ...
Much has been muttered about electronics and rare earths recently what with China playing silly buggers with supplies but here we're definitely on the dirt side of the equation. Neodymium is essential for the magnets in a hard drive motor: well, not essential, but the alternatives are more expensive and larger. However, there's some 6 grammes in each hard drive, meaning that you'd need to process 1 million hard drives to get 6 tonnes of the metal (and it's actually 6 tonnes of NdFeB magnet, not pure metal). At non-bubble prices of $40 a kg this doesn't really seem worth it: Anyone really want to hand pull (which you'd almost certainly have to do) a hard drive apart for maybe 25 cents a time? Yes, this is the dirt side of our barrier.
Ore, or ... ?
We've just had a report out about all of this, the recycling of metals in Europe. The report is here and it's rather good. It must be for it makes similar points to me. The reports about the report though are awful:
Recycling less than 1 per cent of high tech metals, Europe has no moral justification to blame the Chinese for restricting their exports of rare earths, Ernst Ulrich von Weizsäcker from the United Nations Environment Programme argued in an interview with EurActiv.com.
According to a report released by UNEP's Resource Panel in the spring of this year, recycling rates of metals are in many cases "far lower than their potential for reuse".
Less than one-third of the 60 metals studied in the report have an end-of-life recycling rate above 50% while 34 elements are below 1% recycling, the UNEP panel found.
No, that's nonsense. For reasons that the report itself points out: we recycle where it is economic to do so and do not where it isn't. Or to use my language, when the scrap is dirt we don't and when it's ore we do.
Take two metals, rhenium and terbium. They're both worth around $5,000 per kg, or at least they both have been recently, even if they're not that price today. We recycle most rhenium we use and almost none of the terbium we use. Re is used in jet engines, along with nickel and cobalt. Come the end of the jet engine's life, we've three nice valuable materials and we dissolve the lot and separate it all to make new alloy. We're also scrapping our jet engines in nice centralised locations so we accumulate the stuff. The other use is alloys with platinum in oil refineries and yes, of course we recycle that stuff.
Terbium however is used for phosphors on CRTs and in compact fluorescent light bulbs. We're talking milligrammes per light bulb so we're back to wanting a million bulbs to get our kg worth perhaps $5,000. And the bulbs mustn't break or the Tb will be lost to the environment. Tb's Clarke number (prevalence in the Earth's crust) is 1.1 or so, meaning 1.1 parts per million. Our pile of lightbulbs isn't all that far away from the Tb concentration of the vegetable patch which is why we tend not to mine either for Tb. Rare earth ores (not rare, as we all know) can be 0.09% by weight to 0.9% by weight Tb, orders of magnitude higher than the lightbulbs and thus we get our Tb where it's easy and cheap, not from recycling.
Even metals that we think we really are seriously short of we don't recycle if our use of them is to disperse them. Tellurium really is rare, 0.001 ppm in the crust, and we use it to make solar cells of the First Solar type, Cd/Te. But we don't recycle the cells, not even the factory failures, for the Te content. That content is so low that it is still cheaper to go and process some more copper slimes (no, really, proper technical word!) and no, we're still not going to run out of the metal. For everyone forgets just how big the Earth actually is. Six times 10 to the 24 kg, some 2% of it is crust. At 0.001ppm Te in the crust, we've still got 120 million tonnes of Te and we're using 125 tonnes a year. Chuck it mate and get some new in.
But all of this, while interesting, isn't telling you guardians of the hardware how to pay for the Christmas party is it? I'm afraid that for your standard kit your WEEE compliant contractors are still going to charge you for hauling it away. Yes, much of it does get recycled and the metals extracted, but that's because the law says they must. The process as a whole costs more than the metals value extracted which is why you've got to pay the difference: although do make sure your contractor is giving you a credit for that reclaimed value.
Three other things you can do though: nick everyone's smartphone and sell it to the people advertising on the TV (as with all such things, if you've got a bucketful, you'll get a higher price for each). If you're not already doing it you should be selling your empty printer cartridges. Yes, they can be valuable and bucketsful of them ditto.
Or, finally, have a rootle around in the back cupboards and see if you've got any really old kit. Hard Drives for PDP 11s for example, they were made of AlNiCo magnets, great girt lumps they were. Many a scrap dealer will take those off your hands for readies. Did someone buy in a stock of 8087s at some point and they're still rotting long after the last XT has left the building? And anyone out there with an analogue telephone exchange can have his choice of new digital ones for the gold content.
Entirely happy to help anyone with old kit or cartridges: the phones you'll have to fence on your own. ®
Sponsored: How to Process, Wrangle, Analyze and Visualize your Data with Three Complementary Tools


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Moab Utah Off Roading - Can Four-Wheeling Be Considered Work?
Moab, Utah, Is a Photographer's Dream
Since my first visit to Moab in 1993 and the release of the first Moab video, #4 Moab, Utah, I have returned at least once every year. In 1993, AM General had just began to market the Hummer (later called the h1 Hummer) to civilians - nonmilitary buyers. they were confident enough in the H1 to join our trail rides and allow us to videotape the vehicles in an uncontrolled situation. The extra width of the hummer proved to be an asset on the steep, off-camber ledges that make up so much of the terrain in Moab. Who would have thought that 16 years later Jeep would be building a four-door JK that is only 1.5 inches shorter than an H1 Hummer, and that a smaller H2 and H3 hummer would be built?
There have also been some other changes since 1993. The tall fin, known as Lion's Back, is closed to vehicle travel. the Dump Bump was recently closed, and Potato Salad hill will soon join the list of closed areas. all of the easter Jeep Safari trails run in 1993 are still being run in 2008. These trails still vary in difficulty from requiring only a stock 4x4 to definitely needing taller tires and lockers. The toughest trails documented in our first video are still the most difficult today with one exception. Pritchett Canyon has clearly earned the title, "toughest Safari trail in Moab." our objective in Moab was clear: Videotape Pritchett Canyon to document the changes. We also ran Hell's Revenge and the Moab Rim trails which have not changed significantly.
The first step is obtaining a filming permit. have you ever thought about producing a video or publishing a picture of four-wheeling or mountain biking in Moab, Utah? or what about taking a picture for a poster? If you intend to sell a video or a picture photographed on public lands, you most likely will need a permit from the appropriate land manager. this would include federal, state, or county lands. Private-land owners make their own rules. Most of the public lands around Moab are managed by several agencies, and each has its own permitting process and fee schedule.
For example, Canyonlands and arches national Parks charge $50 per hour for a monitor and a $100 application fee. Dead horse Point State Park in eastern Utah charges $40 per hour and a $50 application fee. Utah trust lands charge between $200 and $500 per day plus a $100 application fee. Some agencies require a refundable security bond. In our case, we planned to videotape designated off-road trails which are located on lands managed by the Bureau of land Management (BLM). obtaining a permit for an existing (designated) route is fairly easy, but it's not cheap for the little guy.
A one-man crew will pay the same as a 30-man crew on BLM lands. The cost per day or per location (whichever is greater) is $250. In our case, two cameramen and myself videotaping three trails over a three-day period cost $750 plus a $175 application fee and a certificate of insurance. If you don't already have a liability policy, this can add another $1,200 to $2,500 to your project (annual policy). Before the BLM will issue a permit, they must receive a certificate of insurance naming the Bureau of Land Management as an additional insured on a $1 million liability policy.
Proof of insurance is a standard policy for public-land managers. What is unique to the BLM's Moab Office is adding a daily rental fee for each area you videotape inside the same Moab BLM area. that would be like doubling the one-day arches national Park fee because a picture was taken during sunrise at one arch and at a different arch during sunset. Go figure.
We picked up our signed permit from the local BLM office upon arrival in Moab. By obtaining an application and checklist from the BLM website, faxing the completed application back to the Moab BLM office, and phoning in credit card information for payment, the whole process took less than 30 days. armed with a valid permit and a tank of gas, our crew of three was ready to go wheeling in Moab.
Our first stop was Pritchett Canyon. the best perspective of an off-road trail can be shown by combining video from several camera angles. on our Moab trip, there were two cameramen walking the trail, and I occasionally pulled out a camera. the Pritchett Canyon trailhead starts just south of town from kane Creek Road. the private-property owner who owns the campground at the trailhead charges $2 to cross his property. the campground wasn't there in 1993, and now the ledge you encounter immediately after leaving the campground area is gone. too many people were rolling off the roadbed and ending up in the wash below. the wash is in a Wilderness Study area and between having vehicles fall off the trail and backing up into the private campground, it was not a good situation, so the ledge was removed.
The Rocker Knocker, Rock Pile, and yellow hill have always been formidable obstacles in Pritchett Canyon, but now they have been joined in the "Obstacles Hall of Fame" by several new ones just waiting to be named. areas that we drove over in 1993 have turned into off-camber sections and ledges that challenge anything except a rock buggy. In our group, two well-equipped, experienced drivers rolled over on these new obstacles. Fortunately everyone was wearing a seatbelt, and no one was hurt.
What used to be the best way to get over the Rocker Knocker obstacle is now the only way (there is a bypass, but it's pretty rough). Drive straight up to the double ledge, and when the front tires reach the second ledge, turn left toward the large rock that gave this obstacle its name. Sounds easy ... it's not. the rear wheels are against the first ledge, and when the vehicle turns to the left, it leans to the left.
Begin throttling the vehicle until the tires begin to spin. as they do, the vehicle begins to slide sideways across the ledge, the right rear tire will climb onto the first ledge increasing the vehicle tilt. the vehicle continues to slide sideways until it reaches the large rock at the end of the ledges. at that point, if done correctly, the tires will get traction, and the vehicle will twist and pop right up. What an awesome feeling!
At the once-famed Rock Pile obstacle, the rocks are gone. this is where a lot of rocks were piled up in front of a 7-foot ledge to help the vehicle climb up without rolling over. a winch point has been installed for those who still wish to climb over the wall. But not all is lost, the bypass is not easy, and you may still need to move rocks. our group took the notso- easy bypass, but we did watch a few in the group behind us winch and pull each other up the rock face.
At the once-famed Rock Pile obstacle, the rocks are gone. this is where a lot of rocks were piled up in front of a 7-foot ledge to help the vehicle climb up without rolling over. a winch point has been installed for those who still wish to climb over the wall. But not all is lost, the bypass is not easy, and you may still need to move rocks. our group took the not-so-easy bypass, but we did watch a few in the group behind us winch and pull each other up the rock face.
Yellow Hill is still at the end of Pritchett Canyon. the only route in 1993 from the bottom of the canyon to the mesa and county road above is still in place. however, between the weather and the vehicle traffic, the holes are deeper, and the edge to straddle is narrower. now there is an alternate route from the bottom of the canyon. It climbs up a steep rock face alongside the original route. today's tires find traction easily, and the vehicle climbs to the top. at this point, everyone took a breath and prepared for the long drive back to town.
Over the next two days, we drove and videotaped the Moab Rim and Hell's Revenge trails. other than spur routes being closed, neither of these two trails have changed significantly over the past 16 years. however, the vehicles and tire sizes have changed, and we captured the action on tape.
By the time we videotaped the Moab Rim, Pritchett Canyon, and hell's Revenge trails, we had collected nearly 12 hours of raw footage. That was the fun part. then it was time to edit. the new video footage is combined with the original 70 minutes to make a new Rick Russell's off highway adventure #4 Moab, Utah Video. After 75 hours of editing, this video will be released at the 2008 easter Jeep Safari in March.
In addition to writing stories, Rick Russell publishes Sidekick off Road maps and produces the off highway adventure video series. the videos feature a variety of trails across the United States. Both the maps and videos can be purchased at off-road accessory stores and on the Internet. For a list of videos and dealers, visit www.sidekickoffroad.com or call (877) 628-7227.

subset: commoncrawl


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Is it possible to summarize The Simpsons using just ten episodes? The A.V. Club gives it a try with this article.
In Episode 10 of Modern Comedian Sean Patton takes viewers on tours of New York and Los Angeles.
Do you like Bob's Burgers? Well, now you can watch the original test pilot from 2010 for the animated show online.
The Nerdist YouTube network debuted their new web series Neil's Puppet Dreams. It's about Neil Patrick Harris and puppets!
Splitsider interviewed Chris Hardwick about comedy stuff and nerd stuff.
There's been a bit of a backlash this week after Gilda's Club, a non-profit cancer support network named in honor of the late "Saturday Night Live" comedian Gilda Radner, recently announced that several of its branches will undergo a name change to be called the Cancer Support Community.
Here's an 11-minute documentary on The Subculture of Improv at the Upright Citizens Brigade.


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2006 Kelleher "Brix Vineyard" Cabernet Sauvignon
This wine has a deep red-black color with concentrated aromas of dark fruits and a touch of spice from the oak. It is full bodied and rich on the palate. The dark fruit aromatics are persistent with balanced acidity and a hint of sweetness from the new French Oak. The well-structured tannins last throughout the finish, which is long and enjoyable. This wine has great aging potential.
Wine Specifications
Vintage 2006
Varietal Cabernet Sauvignon
Appellation Oakville
Vineyard Designation Brix Vineyard
Harvest Date October 27, 2006
Sugar 25.5
Aging 28 Months
Bottling Date 4/25/09
Tannin Firm
Alcohol % 15
Wine Profile
Winemaker Notes Fermentation: The grapes were handpicked at full maturity, when the tannins were fully developed. The fruit was hand-sorted both in the vineyard and at the winery. The grapes were cold-soaked in stainless steel tanks and then fermented with wild yeasts. During fermentation, the tanks were pumped over twice per day until dry. Once fermentation was complete, the wine was warmed up to 100 degrees and pumped over once per day for five days, then the tank was drained over night. The wine was aged for 24 months in half new French oak barrels and half once-filled French oak. The wine was lightly fined with 1 egg white per barrel.


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New! Swarovski Mixes
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Our popular Activo Microfleece Jacket is super lightweight and exceptionally soft. Made from an ultra-fine yarn, Activo trumps standard fleece with a remarkable construction that results in a fabric nearly twice as dense but lighter in weight. An anti-pill finish helps ensure long-lasting good looks.
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text: The third time has proven to be a charm for Darius Rucker. Then again, the Hootie & the Blowfish frontman has been enjoying a charmed life as a country music solo artist all along. Rucker's "True Believers" debuted at No. 1 on the Billboard Country Albums chart in May, following predecessors "Learn to Live" (2008) and "Charleston, SC 1966" (2010) to the top spot. All three also debuted in the Top 5 of the Billboard 200, and Rucker became the first black artist in 26 years -- since Charley Pride's "Night Games" in 1983 -- to score a No. 1 country single with 2008's "Don't Think I Don't Think About It." But Rucker says the success of "True Believers" is particularly gratifying. "I thought it was the most important one, more important than the second album," explains Rucker, 47, who became a country music fan while growing up in Charleston, S.C., even though he initially gravitated toward making rock and, to a lesser extent, R&B. "The second album, for me, was still trying to solidify my place in country music. "With ('True Believers') I feel like part of the family, but I still feel like I have so much to prove. There's still the naysayers and whatever out there, so I still feel like there's pressure to keep making good records that people -- people who took a chance on me and people who supported me -- want to listen to. "So it's like once you're in the family, you've got to keep impressing the family. You don't want to disappoint them." Time was Rucker's greatest ally in making his latest album. Though country isn't a genre known for patience, Rucker and producer Frank Rogers determinedly "wanted to take our time" with "True Believers," trolling through dozens of possibilities to make sure they had the right combination of songs and tweaking performances until the duo felt they were the best they could be. "The first two (albums) sounded a lot alike," maintains Rucker, 47, who co-wrote all but two of the album's 12 tracks. "This time we just wanted to sound a little different. It's always going to be my voice and all that, but we just wanted the songs to shine a little brighter, maybe do a couple things that were a little more country." The album's title track got things off to a strong start, but it was one of the outside songs -- "Wagon Wheel," started by Bob Dylan and finished by Old Crow Medicine Show -- that really gave the album wings, becoming Rucker's sixth No. 1 Country hit and his second platinum single. "I guess I was out of the loop; I didn't know every college student of the last eight years knew that song," Rucker -- who recruited Lady Antebellum to guest on the track -- says with a laugh. "Then one day, at my daughter's high school talent show, the faculty band gets up and starts to play 'Wagon Wheel,' and in that simple setting I really heard the greatness of that song and went, 'Wow, what a great song ...' and decided to cut it. "I didn't cut it thinking it was going to be big single for me, but when we got Lady A on it, I felt like, 'Wow, that song could be a monster.'" Rucker will be spending the rest of this year and into next on the road, most of the time with his first-ever solo headlining tour. "It's exciting," he says. "It's really cool to be that guy, y'know, to get to be the one taking out really good, younger acts like the people who took me on tour with them when I started this (country) thing." Rucker keeps his rock side semi-active, too. Hootie & the Blowfish still plays a few dates each year, though Rucker says some of the band members don't like to be on the road as much as they used to. But with next year marking the 20th anniversary of the group's 16-times platinum debut album "Cracked Rear View," he expects some activity surrounding that. "Yeah there's talk about it," Rucker acknowledges. "There's a lot of ideas being thrown around by people -- when I hear the one that I'm enamored about, I'm sure we'll do it. Maybe it'll be a quick run or something, just 'cause it's 20 years, and maybe play the whole record front to back and some other songs after that. "That may be the way to do it -- not too much, but we won't ignore it, either."


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Michael Jordan set the social media landscape ablaze on Tuesday when a video promoting the release of 2K Sports' latest installment of their very popular basketball game, NBA 2K14, hit the Web. In the video that surfaced, Jordan proclaimed that in his prime, he would beat the likes of Jerry West, Elgin Baylor, Dwyane Wade, Carmelo Anthony, and yes, LeBron James.
The only person that MJ said he probably wouldn't beat in his prime was Kobe Bryant because, "he steals all my moves."
As usual, the Internet responded in typical "who does this guy think he is?" fashion and comparing Jordan to the old man sitting on the porch or in the barbershop waxing poetic about how good he was, "back in my day."
But in an extended version of the interview, Jordan broached a number of topics including his early years in the NBA, his basketball influences, a great anecdote on destroying current Milwaukee Bucks guard OJ Mayo, and trash talking.
It's always good to hear from a guy like Jordan who rarely, if ever, grants interviews these days, and when it comes to talking basketball MJ still lets you know that he was the greatest to ever do it, even if him saying so rubs people the wrong way.


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OXFORD, England, February 26, 2013 /PRNewswire/ -- Glide Pharma, the pharmaceutical development and device company focused on the needle-free administration of solid dose formulations, today announced that it has completed a £14.0 million ($21.4 million) investment round. The fundraising was led by funds managed by Invesco Perpetual and supported by existing investors. To date, Glide Pharma has successfully completed five funding rounds raising approximately £24.9 million.
Glide Pharma will use the funds to scale up the manufacturing process for its proprietary Glide SDI® solid dose injector system, including both the drug product and device. This includes the validation of an aseptic pilot-scale production line for clinical testing, and scale up for the manufacture of Glide SDI® device components. The funds will also progress the development of the company's in-house programmes, which include epinephrine and parathyroid hormone.
"I am delighted to welcome Invesco Perpetual to Glide Pharma as an important new investor in this transformational fundraising. This substantial investment round clearly demonstrates the confidence our shareholders have in our innovative technology, and its potential to revolutionise the delivery of therapeutics and vaccines," said Mark Kirby, Glide Pharma's Chairman. "This fundraising follows recognition of Glide's novel technology by the UK government-backed Biomedical Catalyst scheme, which awarded the company £2.3 million funding for the development of a novel formulation of teriparatide (parathyroid hormone) for the treatment of osteoporosis."
The UK Biomedical Catalyst, which was announced by Prime Minister David Cameron in December 2011, is managed jointly by the Medical Research Council and the Technology Strategy Board.
About the Glide SDI® solid dose injector
The Glide SDI® is an innovative needle-free delivery system. The reusable injector uses a spring mechanism to administer a tiny solid dosage below the patient's skin, where it dissolves and releases the pharmaceutical. Glide's solid dose formulations eliminate the risk of needle-stick injuries and avoid time-consuming reconstitution. They also have the potential to modify the release of medicines and to improve stability, removing the need for refrigeration. The one-click action, pen-sized device is extremely easy to use, with medicines supplied in pre-filled disposable cassettes, making it ideal for self administration. In clinical testing, volunteers strongly preferred the Glide SDI® to traditional needle and syringe.
About Glide Pharma
Glide Pharma is a pharmaceutical development and device company focused on the easy, safe and convenient administration of solid dose formulations of therapeutics and vaccines. The company has a range of in-house and partnered programmes based on its proprietary solid dose injector, the Glide SDI®. Glide Pharma has a strong management team with extensive experience of the pharmaceutical, biotechnology and medical device sectors. The company has successfully completed five investment rounds, and is supported by a consortium of institutional and private technology investors, including Invesco Perpetual, Oxford Technology Venture Capital Trusts, Oxford Capital Partners and Hygea VCT.
Ian Smith
Chief Executive
Glide Pharma
Tel: +44-(0)8700-853-700
Rob Budge
RJB Communications
Tel: +44-(0)1865-760-969
Mobile: +44-(0)7710-741-241


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You are here
Green Space: Walk the Talk
Bonnie Trust Dahan's California home is filled with eco-friendly items
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Discarded juice cans, label misprints, and wood scraps tickle Bonnie Trust Dahan's imagination. Her stylishly appointed California home is filled with furnishings and accessories made from such castoffs.
Even items that aren't fabricated from reclaimed materials have other eco-qualities: Bamboo fiber sheets on the bed, organic cotton towels in the bath, and a cuddly undyed lamb's wool throw -- hand-knit by women in Uruguay -- on the sofa.
Combining her two great passions -- nature and home design -- Bonnie cofounded Viva Terra, an online and mail-order catalog business selling sustainable and environmentally kind products. "It is possible to live an eco life without sacrificing your sense of style and taste level," she says.
Bonnie proves that in the Mill Valley home she shares with her husband, author Stephen Yafa. In their living room, a bench-style coffee table is upholstered with organic cotton colored with eco-friendly dyes and hand-embroidered in a traditional central Asian suzani-inspired pattern (vivaterra.com).
Photography: Michal Venera
Produced by Heather Lobdell
Furnishings are imported from around the globe, but the designs have no style boundaries. "We want to bring in eco accents that complement modern or traditional design. Because the materials are of the natural world, they are beautiful in any setting," she explains.
When Bonnie dreamed up Viva Terra in 2000, the green movement was barely moving, she recalls, and most eco products were beige and bland. "I thought you should be able to bring color, life, and vibrancy into a home and also respect our resources and the people who create them." She brought years of retail and catalog experience (at Smith & Hawken and Banana Republic), as well as writing talents (she's written several garden and design books) to the business, and she does much of the product selection and design herself.
"At Viva Terra, we walk our talk in every way. Every product is thoroughly checked, and if it doesn't meet our standards, we walk away." To make the cut, "it has to be beautiful, functional, and, of course, eco."
In Bonnie and Stephen's dining room, the sustainable wood monkeypod is made into a dining table with a "live edge." Simple chairs have bamboo seats and backs. Dishes are from recycled glass (vivaterra.com).
Initially, finding stylish and well-made green products was difficult. Now there are so many choices that the challenge is editing. "A wonderful result of the green movement is that now it's much easier to find materials and resources to create with, particularly in the textile world," Bonnie explains.
Viva Terra pajamas and bed linens are made of renewable bamboo or silk. Cotton towels and linens are "certified organic, not just something that says 'natural,'" she notes.
Recycled metal is fashioned into tables and chairs, while wood furniture
is crafted from salvaged lumber or from timber grown in managed and monitored forests and plantations. Even plastic refuse is put to use, woven into colorful doormats and durable rugs.
The eco bed shown here is made with reclaimed Douglas fir and has a soy-based foam headboard covered with hemp. Bed linens are organic cotton (vivaterra.com).
Many Viva Terra products are handmade by artisans using readily available local materials. Supporting third-world economies is a valuable component of the business, Bonnie points out. "We have the ability to bring eco products to market and also contribute to the welfare of communities that create the goods," she says. "The marriage between the environment and social responsibility is an unexpected bonus in this business, and it is so gratifying."
In the bathroom, salvaged wood was fashioned into a vanity top. A rattan stool and stone bath mat are made from renewable resources for soul-soothing natural textures (vivaterra.com).
Bonnie Trust Dahan.
Delicate shells are hand cut, edged in metal, and assembled into a shimmering lotus flower chandelier. A compact fluorescent bulb provides the glow (vivaterra.com).
Photograph: Peter Krumhardt
A stone runner naturally protects tables from hot dishes and moisture. The "Sunburst" serving bowl is made from recycled glass. Handles on the stainless serving utensils are cast from actual twigs (vivaterra.com).
Photograph: Peter Krumhardt
Twist stools are carved from a single piece of sustainable monkeypod wood, sanded, then waxed to a silky finish. The 18- and 23-inch-tall stools can double as end tables (vivaterra.com).
Photograph: Peter Krumhardt


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Apollo Education Group, Inc. is one of the world's largest private education providers, serving students since 1973. Through its subsidiaries, Apollo Education Group offers undergraduate, graduate, professional development and other nondegree educational programs and services, online and on-campus principally to working learners. Its educational programs and services are offered throughout the United States and in Europe, Australia, Latin America, Africa and Asia, as well as online throughout the world.
News Releases


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The four members of ABBA reunited over the weekend for a special 50th anniversary performance.
Agnetha Fältskog, Anni-Frid Lyngstand, Björn Ulvaeus and Benny Andersson attended a private party in a Stockholm hotel last night, June 5, marking 50 years to the day since the group's songwriting duo Ulvaeus and Andersson first met.
According to Swedish newspaper Expressen, the party featured a performance from Fältskog and Lyngstad, who sang the ABBA song 'The Way Old Friends Do'. Ulvaeus and Andersson joined them on stage towards the end of the song, completing a brief reunion performance from the group.
Lyngstad apparently described the reunion as "absolutely amazing" and "very nostalgic", while Andersson called it a "great night". Pictures of the reunion have been shared on social media, though video footage has yet to surface.
The group previously reunited for the opening of an ABBA-themed restaurant in Stockholm. It was the first time all four members had been seen in public together for eight years, though on that occasion they did not perform.
ABBA formed in 1972, and rose to global fame after winning the Eurovision Song Contest two years later with 'Waterloo'. They soon had numerous hits to their name, and have now sold 380 million records around the world. The group split in 1982.
Fans have long hoped for a reunion, but speaking last year, Björn Ulvaeus once again said that the band will never reform. "We took a break in '82, and it was meant to be a break," he said. "It's still a break and will remain so. You'll never see us onstage again.
"We don't need the money, for one thing," he continued. "Usually the reason bands have reunions is that one of them is destitute and the others want to help. Fortunately that has not happened to us."


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Have you heard about makeover? No! Don't you want to rejuvenate your personality? Yes, Great! All Natural Hair Salon in JHB there are numerous beauty salons established in Miami to take care of individuals' appearances. Black Hair Stylist Miami some of these are sophisticated and high-quality. Beauty salons are now going out of their ways to focus on customized solutions to enhance individuals' looks.
You want to rejuvenate your personality? If your answer is yes then here is a list of Top 10 of Beauty Salons in Austin TX. Natural Black Hair Stylist Near Me this list will guide you to find the best Beauty Salons in Austin TX compiled on the basis that how frequently the Beauty Salons are used by beauty conscious customers. The No.1 Beauty Salons on this list has been stored the most amount of times by Austin, TX area. Generally, people only store a business' information in their address books if they are satisfied with the provider's service and wish to engage in repeat business.
Hairstyles For African American Women
Since makeup is about renovating your own personality, find the best Beauty Salon to rejuvenate your personality. This Top 10 List will help you finding the best quality Beauty Salon of Austin, TX. So, visit the best beauty salon in your neighborhood in Austin, TX, the unexpected change in your look as well as personality!
All Natural Hair Salon in JHB?
Hair extensions might seem like a new invention but in reality hair additions have been around as far back as the Egyptian times when both men and women work wigs. Since then hair pieces have been in and out of fashion ever since.
In 1800 fake hair was frowned upon and women left their hair to be natural until the Romantic era was in full swing when women wore elaborate Apollo knots. Come the mid Victorian era and hair pieces were used a lot more extensively. Then strangely in the early 20th century Edwardian women wore false hair additions to create the pompadour hairstyle which looked like a woman was wearing a teapot on her head. How that became fashionable I don't really know!
Around the 1920's less hair was the big thing so hair pieces took a dive around that time and it wasn't until the 1940s when long hair came back into fashion and women starting indulging again. Then in the 1960's big hair was back with a vengeance. Coils were the in thing or the updo as better known to us were seen of many women, this was created by very extravagant human hair pieces. Wigs made from real or fake hair were commonly worn around this time too and carried on into the early 70's. Come the 80's and big hair was in but only natural hair. Famous singers wore wigs but that was about it.
The clip-on hair extensions come in a variety of different colours and lengths are the best option for non permanent hair pieces. They are very easy to use and as long as you get the right hair colour and texture of hair, no one will know your hair is fake. In fact I have sat next to a work colleague for months not realising that her long hair was in fact clip on hair pieces. It was only whilst getting ready for our Christmas works do that she pulled her hair off! I was shocked to say the least as her natural hair was just shoulder length and I had no idea.
DevaCurl Products For Color-Treated Curly Hair
How many times have you wondered what it would be like to be carefree and have low maintenance hair? You comb the pages of the latest black hair care magazines looking for African American hair dos and see others going the curly perm route. If you are stressed out and would rather concentrate on living life to the fullest instead of being in your hair salon every week, the curly perm may be the choice for you.
If you decide to go with a curly perm, you should be prepared for the following:
State of Hair: The act of putting chemicals in your hair to achieve the long-lasting curls of a curly perm involves using chemicals that some black hair experts say are harsh to the hair (but not as harsh as chemical relaxers). Let's face it, you are dealing with harsh chemicals either way, and if you do not have someone who is experienced with putting in these chemicals, you are headed for disaster.
Convenience: If you are in a high humidity situation, get caught in the rain or go swimming, all you have to do is apply extra doses of the moisturizing product, and the slight frizz you have will turn right back into the lush soft curls you had before. You will also spend less time in the salon and more time with family and friends.
Whichever way you choose, be sure you consider all of the pros and cons. Like I said before, I proudly wear a curly perm that is low maintenance and works out perfectly for me as I am at a busy time in my life. Perhaps when my children grow up and move out of the house, I will go natural as I will have more time on my hands to maintain my hair in a long chemical-free style.


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As the sun rises over Rio de Janeiro, two teams are gearing up to face each other in the final of the 2014 FIFA World Cup on Sunday.
It is believed 75,000 fans supporting Germany or Argentina will descend on Rio's Maracana stadium on Sunday 13 July, with millions tuning in world wide to enjoy the highs and lows of one of football's most anticipated matches of the year.
From a cloak-clouded Christ the Redeemer, to Copacabana beach, England's shock defeat in the group stages, to Germany's epic triumph over Brazil we re-live some of the key moments in the lead-up to the final using special time lapse images shot by AP Television.
Source: APTN / Wind Storm by Philip Sheppard


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Since transplant surgery began over 50 years ago, tens of thousands of Canadians have made the choice to donate their organs upon their death. These organs (and tissues) are then assessed for suitability and surgically transplanted into someone on a transplant waiting list. Organs from people who have died, usually suddenly, are a critical source of organs for transplantation. Deceased donors may also be called non-living donors or cadaveric donors.
Although anyone can sign their donor card, or otherwise indicate their wishes to become an organ donor upon their death, only the organs of a small number of people–about 3%–can actually be used. This has to do with medical issues, including the health of the organs, and the circumstances of the person's death.
Before organ donation can occur, strict medical criteria must be met to determine if brain death has occurred, or to proceed with the donation after cardiac death.
Even though a person has signed their donor card, the family of the deceased person will be consulted in the consent process.
The lungs, heart, liver, kidneys, pancreas and bowel can be donated. Tissues may include eye tissue, heart valves, bone, tendons, veins and ligaments.
More than two dozen people can be helped by a single donor. An organ donor may specify which organs and tissues he or she would like to donate.
After the person dies, the organs are removed surgically. The body is not disfigured and is treated with respect and dignity. An open casket funeral is possible for deceased donors.
Organ transplant programs have an allocation (or matching) system so that the distribution of organs that become available is based on fair criteria. These may include suitable match, the amount of time already spent on the waiting list, and other factors. Each transplant center can provide the guidelines it uses. More general information on organ allocation criteria can be found on the Web site of the Canadian Blood Services. In Canada, an organ donor cannot choose who will receive their organs after their death. Organs (and tissues) are allocated based on the organ allocation criteria in place in each province. The recipient will not know the donor's identity since there is a law in Canada to protect the anonymity of both the donor and the recipient. However, many transplant programs will forward letters of thanks or cards from the transplant recipient to the donor's family, and vice versa.
Quebec Branch - 2300 René Lévesque Blvd. West, Montreal, QC H3H 2R5 - Tel.: (514) 938-4515 / 1-800-565-4515 within QuebecCharitable Registration Number: 107567398RR0001


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Emerson Mini Commander Folding Knife 3.4" Black Combo Blade with Wave, Black G10 Handles - MCOM-BTS
EME4BBTS: Mini Commander
Emerson Knives
This is the Emerson Mini Commander - a smaller and more pocket friendly Commander. It has the "wave shaped feature" and is just as formidable as its full sized father. Strong as a Bull Moose and tough as nails.
Commander: The Emerson Commander is the winner of the "Best Overall Knife of the Year" at the International Blade Show in Atlanta, GA. The Blade Show is the world's largest cutlery showcase and is the cutlery industry's premier event. This award is judged by fellow manufacturers and is the highest honor and most sought after award in the cutlery industry.
The Emerson Commander is a 21st century combination of design, materials, performance, and razor sharpness. This knife along with other Emerson Knives, sets the new standard for the cutlery industry and continues to push the design and performance envelope for cutting tools well into the 21st century.
The Commander knife-battle tested and proven-incorporates some of the most advanced ergonomics ever featured on a folding knife. The knife, already in use with elite armed forces, European Military strike teams and NATO Counter-Terrorist units throughout the world was chosen by the U.S. Navy SEAL teams for issue to special units within the Naval Special Forces Units. Because of its ruggedness, it has become a favorite of hunters, outdoorsmen and adventurers the world over.
The Mini-Commander features our Patented "wave shaped opening feature" or Remote Pocket Opener. In an emergency or injury situation the knife can be opened with one hand as it is drawn from the pocket.
- Handles: Black G-10 epoxy / glass laminate
- Lock: Aerospace Grade Titanium
- Blade: 154CM Stainless Steel
- Finish: Black
- Grind: Conventional V Grind
- Overall Length: 8"
- Blade Length: 3.4"
- Handle Length: 4.6"
- Blade Thickness: 0.125"
- Hardness: 57-59 RC
- Weight: 3.8 oz.
- Made in USA
UPC Code: 005200
A premium American stainless steel with great all around characteristics of toughness and corrosion resistance.
Includes a pocket clip for easy accessibility and a more secure carry.
This product is USA born and raised.
Formed in a sheet under high pressure by combining fiberglass and an epoxy resin binder. These handles are lightweight and shaped to ensure a solid grip.
Customer Reviews
$73.00 $47.45
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Inquiry Question
This account of the Prairie Grove Civil War battle is based on the National Register of Historic Places registration file for "Prairie Grove Battlefield" and other primary sources about the battle. It was made possible by the National Park Service's American Battlefield Protection Program. The lesson written by Don Montgomery, Park Historian at Prairie Grove Battlefield State Park, and Lea Flowers Baker, Education Coordinator at the Arkansas Historic Preservation Program, an agency of the Department of Arkansas Heritage. It was edited by Kathleen Hunter, an education consultant working in Hartford, CT and the Teaching with Historic Places staff. TwHP is sponsored, in part, by the Cultural Resources Training Initiative and Parks as Classrooms programs of the National Park Service. This lesson is one in a series that brings the important stories of historic places into the classrooms across the country.
Where it fits into the curriculum
Objectives for students
Materials for students
Visiting the site


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LeRoy McClain (Broadway's "Cymbeline," "The History Boys") will join Tony Award-winner Alice Ripley (Broadway's "Next to Normal") in the cast of Bruce Norris' Pulitzer Prize and Tony Award-winning play, "Clybourne Park," running at New Haven's Long Wharf Theatre May 8 to June 2.
McClain also received a Connecticut Critics Circle award for his performance as Boy Willie in the Yale Rep production of "The Piano Lesson."
Associate artistic director Eric Ting will stage the play which will include Daniel Jenkins (Broadway's "Big River," "Mary Poppins," "Big"), Alex Moggridge (Long Wharf's "It's a Wonderful Life"), Melle Powers (off-Broadway's "By the Way, Meet Vera Stark"), Lucy Owen (off-Broadway's Body Language") and Jimmy David (Broadway's "The House of Blue Leaves").
Information: 203-787-4282 and www.longwharf.org.


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WWE issued the following statement on glitches with the WWE Network on PS3:
Sony Playstation 3 users may be experiencing an issue with the schedule on WWE Network. Following the daylight savings time change on Sunday, March 9, the WWE Network schedule on PS3 is listing shows one hour behind the actual air time. Although the schedule is one hour off, all live programming is airing at the correct times. You will see this issue resolved within the next few days. Thank you for your patience.


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Avid VENUE Software
When it comes to mixing live, being able to present high-quality audio is of the utmost importance. Award-winning Avid VENUE software makes it easy—it's the common software platform that comes with all Avid live sound systems. Achieve great sounding mixes easily, with incredible warmth and clarity. Speed up all aspects of live mixing and recording—no matter which VENUE system you use. And get unprecedented flexibility and reliability, making live mixing the creative and rewarding experience it was meant to be.
Product Highlights
While the interface sports a darker new look with the VENUE | S6L System (image above) than the "blue" design you see on all other VENUE systems, it functions just the same. In fact, many systems feature a version of VENUE software that accommodates system-specific features. That said, you can create a show file on one VENUE system and open it on any other, so you only need to learn the software once to mix on any VENUE system.
VENUE software serves as "mission control" of your entire system. Quickly access and control inputs, routing, snapshots, plugins, and more through the intuitive tabbed interface. And easily view information and the state of your mix across the streamlined onscreen pages. With its simple approach to design, you'll spend more time focusing on your mix instead of the technology.
With VENUE software, you can use the same plugins used in countless recording studios in any live performance. Simply access them right from the Plugins page and take control directly from either your console or on the screen. Re-create an artist's signature sound on stage. Optimize your mix for any room environment challenges. And eliminate expensive and bulky outboard gear.
One day you're mixing the band on a club tour. The next, you're in the middle of 200,000 fans at a festival. You'll be up and running quickly, without having to rebuild a mix from scratch. Simply save your settings as a show file, copy it to a USB key, and load the file into any other VENUE system. You'll be up and running in seconds, without having to rebuild a mix from scratch. This show file portability enables you to adapt to any system and work with artists across the widest range of environments—big and small.


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FL Studio Guru
We've launched the "The FL Studio Guru Blog" with the purpose of providing video tutorials to help you get better acquainted with some of the, often, overlooked features of FL Studio. The FL Studio Guru will also be discussing topics relevant to DAW based music production. The 'Top Tips' section is the place to start if you like your tutorials in bite-sized chunks.
Deckadance 1.6
Deckadance now delivers a completely new BPM detection engine with improved tracking (remember to re-analyze your library), new and DJ streamlined audio settings, more and improved setup options, iTunes playlist support, expanded native support for MIDI controllers and a new built-in Deckadance Control CD Creator, ultra-accurate timecode file for CD players. Get the latest installer and explore the huge list of additions and improvements we couldn't find the space here to tell you about.
Mass Effect 2 Video Game & FL Studio
FL Studio composer, Jimmy (Big Giant Circles) Hinson, is part of Wall of Sound, the team who produced music for Mass Effect 2 which shipped over 2 million copies within 3 days of its initial release on Jan 26th and achieved the 2nd highest rank on the XBox 360. Jimmy tells us his parts were 100% FL Studio produced, you can read more about his involvement here at Big Giant Circles. The Lead Composer, Jack Wall, is interviewed here at Daily Best Articles (link no longer available). Jack notes in the interview "Jimmy Hinson was a real find for me. ... He has a real knack for bringing wonderful rhythmic beds to the music without sounding "dancey," which is a true skill and talent of his. I'm really looking forward to working with him more in the future."
Image-Line Remix contest #2!
We are excited to announce our latest remix contest. Following the huge success of our David Latour_"One_Day" contest that attracted 197 remixes from the FL Studio community, we have exclusive access to stems from his latest single Friday Night.
The winning remix will be released on iTunes and its author can become an FL Studio alpha tester. The 3 best entries also get free plugins and money prizes.
Entry to the contest is exclusive to registered FL Studio users.
Complete our survey & get an Image-Line plugin
Complete our survey by March 31st and be in the draw to score any Image-Line plugin of your choice. We will draw 3 lucky participants who correctly enter their forum name at the start of the survey.
Watch out for ...
Coming soon, FL Studio 9.1 update including a real-time convolution reverb plugin and the long awaited APDC (and there was much rejoicing!). While you wait you can check out the FL Guru PDC tutorial and see how easy it already is. Lifetime Free Updates! don't you love' em?


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(CNN) -- Tuesday morning, Silvia Saldana was driving to work on a two-lane road in Cabin John, Maryland, when a wall of water came rushing toward her. Her first instinct was to make a U-turn to get out of the water's path, but it was too late. The water was gushing too quickly.
Silvia Saldana, who was stranded in her car Tuesday, says she'll be better prepared in the future.
Saldana'a next instinct was to pray. Then she called her husband on her cell phone, and waited for someone to rescue her as 4-foot-deep water surrounded her car.
As she shivered in the 20-degree cold, Saldana wished she had a blanket. "I was cold and nervous," Saldana said in Spanish, as her son Carlos translated. "I've never been in a situation like that."
Now the Saldanas have vowed that the next time one of them is in an emergency situation, they'll be better prepared. "We're looking to put together an emergency kit," said Saldana, who lives in Springfield, Virginia.
The flooding in Maryland, caused by a water main break, is yet another reminder to stock your car with the essentials just in case you get caught in a flood, stuck in a blizzard, or have some other emergency.
Experts advise keeping a first aid kit in your car and at home. Here are five things to keep in a well-stocked first aid kit, and one thing not to put in it.
1. Benadryl
"What if you're out at a picnic and someone in your party has a severe allergic reaction to something?" says Dr. Assaad Sayah, chief of emergency medicine at the Cambridge Health Alliance in Massachusetts.
2. Antiseptic wipes
The American Red Cross recommends carrying five antiseptic wipe packets. For more on how to clean cuts and wounds, see these instructions from the American Academy of Family Physicians.
3. Antibiotic ointment
Bacitracin, Neosporin or something similar can help prevent infection of a wound. The Department of Homeland Security's first-aid kit must-haves also lists burn ointment.
4. Bandages
The Red Cross recommends several different kinds of bandages and gauze pads. See their "Anatomy of a First Aid Kit" for a complete list.
5. A blanket
A regular blanket will do, but a so-called "space blanket" is even better, Sayah says. "They're alumimum lined, and they decrease the probability of getting hypothermia by 70 percent," he said.
And here's the one thing not to include in a first aid kit: Ipecac, the liquid used to induce vomiting. At one time, it was relatively common to find Ipecac in medicine cabinets, but now experts no longer recommend it.
"You don't always want to make someone throw up after they've swallowed something toxic," says Dr. Joseph Luria, an emergency medicine physician at the University of Cincinnati in Ohio. "For example, you don't want to vomit gasoline, because it could cause more damage on its way back up."
CNN's Jennifer Pifer-Bixler contributed to this report.
All About Emergency Medicine


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Fifteen years ago yesterday, a mail clerk in Seattle was handed a document to copy. As the Seattle Weekly reported, the packet was labeled "TOP SECRET" and "NOT FOR DISTRIBUTION," and the cover sported an Illuminati-esque triangular design and a copy of Michelangelo's "Creation of Adam." The title: "The Wedge"; the author: a newly-created division of the conservative Discovery Institute, the Center for the Renewal of Science and Culture (CRSC). Later, the Center would drop "renewal" from its title to escape the religious reference, and also switched its logo from the Creation of Adam to a picture of God creating DNA, then to a more secular galactic nebula, and now a mashup of Leonardo's Vitruvian man and a DNA strand.
The Wedge Document, as the packet came to be known, laid out a bold plan by which the Center would "re-open the case for a broadly theistic understanding of nature," and "reverse the stifling dominance of the materialist worldview, and to replace it with a science consonant with Christian and theistic convictions." From its first sentence, the document proclaimed its sectarian goals, stating: "The proposition that human beings are created in the image of God is one of the bedrock principles on which Western civilization was built. Its influence can be detected in most, if not all, of the West's greatest achievements, including representative democracy, human rights, free enterprise, and progress in the arts and sciences."
In order to achieve this religious revival, the creators of the CRSC proposed a five-year plan, with three phases: "Research, Writing and Publication," "Publicity and Opinion-making," and "Cultural Confrontation and Renewal." Of these, they insisted that the first was most crucial: "Without solid scholarship, research and argument, the project would be just another attempt to indoctrinate instead of persuade."
On this fifteenth anniversary of that five-year plan, it's worth asking just what the Center for the Renewal of Science and Culture has accomplished. They promised at the time, "we can accomplish many of the objectives of Phases I and II in the next five years (1999-2003), and begin Phase III (See 'Goals/Five Year Objectives/Activities')."
The Five Year Goals:


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GREGORY JOHNSON, an individual, Plaintiff,
HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR THE ELLINGTON TRUST SERIES 2007-1; BANK OF AMERICA, N.A.; and Does 1-10, inclusive, Defendants.
ORDER DENYING MOTION TO DISMISS Docket No. 12.
JEFFREY T. MILLER, District Judge.
On September 12, 2011, Plaintiff Gregory Johnson brought a complaint against HSBC Bank USA, National Association as Trustee for the Ellington Trust Series 2007-1 ("HSBC") and Bank of America, N.A. ("BOA"). BOA has filed a motion to dismiss ("MTD" or "motion"). Plaintiff filed an opposition on February 17, 2012. HSBC originally failed to answer the complaint, but jointly moved with Plaintiff to set aside default. The court granted that motion, and HSBC now joins BOA's motion to dismiss with no further argument. Neither Defendant has filed a reply brief. For the reasons stated below, the motion is DENIED.
In December of 2006, Plaintiff obtained a loan from Fremont Investment & Loan ("Fremont") in order to purchase property located in Oceanside, California. Compl. ¶ 24. The Deed of Trust named Mortgage Electronic Registration Systems ("MERS") as the nominee and beneficiary of the Deed of Trust. ¶ 24. The complaint alleges that Fremont "attempted to securitize and sell [the] loan to another entity or entities" that were "not HSBC Bank or the Ellington Trust." ¶ 25. Consequently, HSBC "is merely a third-party stranger to the loan transaction." ¶ 26. Plaintiff alleges that despite his requests, BOA (apparently his mortgage servicer), has failed to verify the debt and amount owed.[1] ¶ 26.
Specifically, Plaintiff alleges that the document purporting to assign the Deed of Trust from MERS to HSBC (Compl. Ex. A), dated May 29, 2008, was fraudulent, in part because the assignment was executed after the closing date of the trust, which violates the Pooling and Servicing Agreement ("PSA").[2] ¶ 28-29. Plaintiff also alleges that Treva Moreland, "the purported signatory of the purported `Assignment', was not the `Assistant Secretary' for MERS and lacked the requisite corporate and legal authority to effect an actual `assignment' of Plaintiff's Note and Mortgage." ¶ 38. The complaint states that Treva Moreland signs thousands of property record documents without any authority, and thus any amount Plaintiff owes is subject to equitable offset by damages owed by Defendants.
The complaint further alleges that in October of 2010, HSBC "caused a document purporting to be a Substitution of Trustee (`Substitution') to be recorded with the County of San Diego." ¶ 57. The substitution purported to substitute Quality Loan Service Corporation ("Quality") as trustee, but Plaintiff claims that no such transfer ever occurred. ¶ 57. The complaint states that under California law, the lender must be the party to appoint the successor trustee, and HSBC was not the lender.
In the summer of 2009, Plaintiff sought a loan modification from Wilshire, the original servicer of Plaintiff's loan. ¶ 66. At some point the loan "was sold or transferred to BOA." ¶ 67. Plaintiff made nine payments under the modified plan, but BOA refused to honor the new plan. ¶ 68. After much confusion, Plaintiff obtained a loan modification from BOA to be effective February 1, 2011. ¶ 79. In March of 2011, Plaintiff sent a Qualified Written Request letter to verify the debt owed, but BOA did not provide a substantive response. ¶ 83.
Plaintiff also alleges that Defendants have not properly credited payments he has made on the mortgage and have incorrectly calculated interest. ¶ 85. He claims that Defendants knew at all times that Plaintiff was paying incorrect amounts. ¶ 86. As a result of their actions, Plaintiff's credit has been damaged and his home has been made unmarketable because "the title to Plaintiff's home has been slandered [and] clouded." ¶ 89. Finally, the complaint states that "Plaintiff has offered to and is ready, willing, and able to unconditionally tender his obligation." ¶ 96.
Based on these factual allegations, the complaint seeks relief under seven causes of action, each applied to both Defendants: (1) declaratory relief under 28 U.S.C. §§ 2201-2202; (2) negligence; (3) quasi-contract; (4) violation of 12 U.S.C. § 2605; (5) violation of 15 U.S.C. § 1692; (6) violation of Cal. Bus. & Prof. Code § 17200 et seq.; (7) accounting.
A motion to dismiss under Fed. R. Civ. P. 12(b)(6) challenges the legal sufficiency of the pleadings. De La Cruz v. Tormey, 582 F.2d 45, 48 (9th Cir. 1978). In evaluating the motion, the court must construe the pleadings in the light most favorable to the non-moving party, accepting as true all material allegations in the complaint and any reasonable inferences drawn therefrom. See, e.g., Broam v. Bogan, 320 F.3d 1023, 1028 (9th Cir. 2003). The Supreme Court has held that in order to survive a 12(b)(6) motion, "[f]actual allegations must be enough to raise a right to relief above the speculative level." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). The court should grant 12(b)(6) relief only if the complaint lacks either a "cognizable legal theory" or facts sufficient to support a cognizable legal theory. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).
A. Viability of Attack on Loan Securitization
1. Ability to Challenge Loan Securitization
The threshold issue of whether Plaintiff can make any claim related to the loan's securitization affects the viability of many of the individual claims discussed below. BOA cites Rodenhurst v. Bank of America, 773 F.Supp.2d 886, 899 (D. Haw. 2011) for its statement that "[t]he overwhelming authority does not support a cause of action based upon improper securitization." However, the discussion cited in that case centers on plaintiffs who claim that securitization itself violates the agreement between the mortgagor and mortgagee. Here, Plaintiff does not dispute the right to securitize the mortgage, but alleges that as a result of improper procedures, the true owner of his mortgage is unclear. As a result, he has allegedly been paying improper entities an excess amount.
Ninth Circuit district courts have come to different conclusions when analyzing a plaintiff's right to challenge the securitization process as Plaintiff has here. See Schafer v. CitiMortgage, Inc., 2011 WL 2437267 (C.D. Cal. 2011) (denying defendants' motion to dismiss declaratory relief claim, which was based on alleged improper transfer due to alleged fraud in signing of documents); Vogan v. Wells Fargo Bank, N.A., 2011 WL 5826016 (E.D. Cal. 2011) (allowing § 17200 claim when plaintiffs alleged that assignment was executed after the closing date of securities pool, "giving rise to a plausible inference that at least some part of the recorded assignment was fabricated"). But see Armeni v. America's Wholesale Lender, 2012 WL 603242 (C.D. Cal. 2012) (dismissing declaratory relief, quasi-contract, UCL, and accounting claims because "plaintiff lack[ed] standing to challenge the process by which his mortgage was (or was not) securitized because he is not a party to the PSA"); Junger v. Bank of America, N.A., 2012 WL 603262 at *3 (C.D.Cal. 2012).
Here, the court finds that Plaintiff is not categorically excluded from making claims based on allegations surrounding the loan's securitization.[3] As in Vogan, and unlike Armeni, Plaintiff here alleges both violations of the PSA and relevant law. BOA has not sufficiently demonstrated that violations of law associated with the loan's securitization can go unchecked because Plaintiff is not a party to the PSA.
Other cases cited by BOA on this issue are irrelevant or inapplicable here.
2. Sufficiency of Allegations of Improper Assignment
BOA also argues that Plaintiff makes no showing that the assignment was improper. It claims that Treva Moreland was authorized to assign the Deed of Trust, and there was no violation of the statute, asserting that "[n]owhere in [the complaint] does [Plaintiff] allege facts showing the Assignment was defective, invalid, or somehow voidable." MTD at 4. However, the complaint states that MERS had no knowledge of the assignment, that Treva Moreland was never appointed to "assistant secretary" by the MERS board of directors, and thus there was no authority to make the assignment.
While BOA cites no case law on this point, Plaintiff provides persuasive authority to demonstrate that courts have accepted allegations such as his. In Kingman Holdings, LLC v. CitiMortgage, Inc., 2011 WL 1883829 (E.D. Tex. 2011), the court assessed a fraud claim against CitiMortgage in which the plaintiff alleged that MERS' appointment of an assistant secretary ("Blackstun," who later made the assignment) was invalid because it was not approved by the board of directors. The court upheld the fraud claim under the 9(b) standard, finding that Plaintiff's allegations were plausible and that if Blackstun had no authority to bind MERS, then MERS filed a fraudulent document after he executed the assignment.
Similarly, in Vogan, the court denied defendants' motion to dismiss a § 17200 claim because, as here, the plaintiff pleaded that Wells Fargo recorded a fabricated assignment of the loan because the assignment was executed after the closing date of the mortgage-backed security pool, "giving rise to a plausible inference" of fabrication. Id. at *7. Here, in addition to attacking Treva Moreland's authority, Plaintiff has alleged that the assignment was made after the closing date of the trust, as required by Section 2.1 of the PSA.
B. Tender Requirement
BOA also argues that a plaintiff "must tender the entire unpaid balance of the loan to maintain an action challenging foreclosure." MTD at 4. However, as BOA separately points out, Plaintiff is not currently in foreclosure—BOA rescinded its Notice of Default in March of 2011. BOA fails to acknowledge this fact in its argument, merely citing cases supporting the existence of the tender rule in actions for wrongful foreclosure.
Even if the fact of foreclosure were at issue, BOA has not sufficiently demonstrated that the tender rule should apply here. Plaintiff is not challenging Defendants' compliance with the foreclosure law, but is claiming that defendants did not properly receive the assignment of their loan. The "tender requirement does not apply to this case because" Plaintiff challenges "the beneficial interest held by [Defendants] in the deed of trust, not the procedural sufficiency of the foreclosure itself." Vogan at *8.
C. Declaratory Relief
BOA seeks dismissal of the declaratory relief claim because the issues "will be resolved by the other claims for relief." MTD at 5. It also argues that the California foreclosure statute does not recognize a judicial action to determine whether a party foreclosing is authorized to do so.
The Ninth Circuit has explained that while there is no bar to declaratory relief if legal remedies exist, a court's discretion should lead it to refuse to grant declaratory relief unless it would clarify the parties' interests or relieve the uncertainty giving rise to the proceeding. U.S. v. Washington, 759 F.2d 1353, 1356-57 (9th Cir. 1985). The Schafer court upheld a declaratory relief claim in a similar action to this one, noting that there was a controversy over whether the assignment of a deed of trust was fraudulent, and the cause of action was not duplicative. 2011 WL 2437267 at *4.
While it is possible that declaratory relief will be unnecessary, it would be premature to dismiss the cause of action at this point. BOA has failed to show how resolution of each of the other claims will necessarily provide all of the requested relief if they are granted. Further, it remains possible that some or all of Plaintiff's other claims will not survive to trial—if that occurs, declaratory judgment could serve to clarify the parties' interests.
D. Negligence
The complaint alleges that HSBC and BOA were negligent because they demanded mortgage payments when they did not have the right to enforce that obligation. This allegedly caused Johnson to overpay in interest, among other things. As a result of the "reckless negligence, utter carelessness, and blatant fraud of the Defendants," Plaintiff's chain of title has been "rendered unmarketable and fatally defective." Compl. ¶ 110.
Defendants' motion to dismiss argues that they had no duty of care here, because Plaintiff "does not plead facts supporting a finding that Defendant's conduct exceeded the scope of its conventional role as a lender."[4] MTD at 6. Plaintiff states that his relationship with BOA is not conventional because the loan has been securitized, so "Defendants hold Plaintiff's payments for the benefit of the certificate holders." Pl. Opp. at 20. Further, Plaintiff argues that a lender that offers a loan modification has gone beyond its conventional role.
The rule that a lender does not have a duty to a borrower is only a "general rule," and only applies to situations where a lender plays its conventional role. E.g., Taheny v. Wells Fargo Bank, N.A., 2010 WL 5394315 (E.D. Cal. 2010). Accepting the allegations of the complaint as true, BOA has gone beyond the typical lender's role. As in Ansanelli v. JP Morgan Chase Bank, N.A., 2011 WL 1134451 at *7 (N.D. Cal. 2011), BOA established a loan modification plan with Plaintiff, made excessive interest charges and made "derogatory credit reports to credit bureaus." Compl. ¶ 109. More generally, Plaintiff alleges that BOA did not have the legal authority to demand payments from Plaintiff because of the assignment's invalidity. If BOA was not a lender legally authorized to collect payments from Plaintiff, the general rule shielding actual lenders from liability would not apply.
More generally, the court finds that the allegations Plaintiff has put forth meet the federal pleading standard under Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007). While yet to be proven, Plaintiff presents plausible allegations of misconduct that, if true, would entitle him to relief.
E. Quasi-Contract
Based upon the same factual allegations, Plaintiff seeks to recover on a quasi-contract cause of action. BOA maintains that in California a quasi-contract claim is the same as a claim for unjust enrichment, and such an action does not lie if an express agreement governs the parties' rights. Further, BOA argues that the rule of tender applies under Cal. Civ. Code § 1691(b), which governs rescission of a contract.
BOA is correct that a plaintiff may not recover on a quasi-contract action if an express agreement exists. E.g., Cal. Med. Ass'n, Inc. v. Aetna U.S. Healthcare of Cal., 94 Cal. App. 4th 151, 172 (2001). However, as Plaintiff points out, the complaint alleges that there is no valid agreement governing the transaction between Plaintiff and BOA. Thus, if Plaintiff succeeds in showing that BOA was not authorized to collect payment, he may be able to recover based on quasi-contract. For the same reason, BOA's § 1691 argument fails—it does not state why the tender rule should apply if no contract exists.
F. Violation of 12 U.S.C. § 2605 — The Real Estate Settlement Procedures Act
The complaint alleges that Plaintiff sent a Qualified Written Request ("QWR") to BOA in March of 2011 asking for information to verify the validity of the debt at issue. However, BOA failed to provide the legally-required information, only providing a partial history of the account.
BOA's motion to dismiss states that instead of including information about why the account was in error, the QWR "includes a list of document demands which appear to be entirely irrelevant to a valid QWR under RESPA." MTD at 9. Further, BOA maintains that Plaintiff's damage claims are not sufficiently specific.
1. Whether Plaintiff Failed to Submit a Proper QWR
Generally, Ninth Circuit courts have held that a QWR must relate to the servicing of a loan, rather than its creation or modification. Gates v. Wachovia Mortg. FSB, 2011 WL 2602511 at *3 (E.D. Cal. 2010). Further, the "borrower's inquiry must include a statement of the reasons for the belief of the borrower . . . that the account is in error or provide sufficient detail to the servicer regarding other information sought by the borrower." Id; 12 U.S.C. § 2605(e).
BOA has not argued that the QWR was unrelated to servicing of the loan, but states that Plaintiff did not provide "a statement or supporting documentation of his reasons for believing the account was in error." MTD at 9. While Plaintiff may not have stated the reasons he believed the account was in error, Defendant provides no argument on why it believes that the QWR failed to "provide sufficient detail to the servicer regarding other information sought by the borrower," merely arguing that the list of document demands "appear to be entirely irrelevant to a valid QWR under RESPA." MTD at 9. While some courts have found QWRs inadequate because they related to the creation or modification of a loan, the QWR here requested information that related to "making the payments of principal and interest with respect to the amounts received from the borrower." 12 U.S.C. § 2605. For example, the QWR requested collection notes concerning the loan, as well as the name and contact information of the entity to which BOA was purportedly making the payments received from Plaintiff. While all of the information requested by Plaintiff may not have been validly sought under the statute, the QWR provided sufficient information concerning several requests for information that should have garnered a response by BOA. See Tamburri v. Suntrust Mortg., Inc., 2011 WL 6294472 at *7 (N.D. Cal. 2011) (noting that QWR requesting documentation supporting collection and enforcement efforts, including documents in support of enforcement of promissory note and deed of trust and a list of assignments "arguably request[ed] information as to how the servicer has handled [plaintiff's] account").
While BOA states that it provided a complete response following its initial letter confirming receipt and promising to provide a response, it has not detailed or produced the alleged response.
2. Whether Plaintiff Adequately Pled Damages
Plaintiff may recover for actual damages suffered under 12 U.S.C. § 2605(f)(1)(a). BOA asserts that Plaintiff has failed to plead damages adequately. Generally the requirement for damages has been interpreted liberally. Yulaeva v. Greenpoint Mortg. Funding, Inc., 2009 WL 2880393 at *15 (E.D. Cal. 2009). While Plaintiff does not provide substantial factual support, the allegations are sufficient to state a claim at the pleading stage—Plaintiff has specifically alleged that he sought certain information, BOA denied him his statutorily required information, and the failure to receive that information caused him to pay more than was necessary on his loan and to incur costs in repairing his credit.
G. Violation of 15 U.S.C. § 1692 — Fair Debt Collection Practices Act
The complaint states that BOA violated the FDCPA through making various false representations in its attempt to collect on the loan. The MTD asserts that the FDCPA's definition of a "debt collector" does not include a mortgage servicer or an assignee of the debt, "where the `debt was not in default at the time it was obtained by [a servicing company].'" MTD at 10 (citing 15 U.S.C. §1692a(6)(F)). Further, it argues that a foreclosure on a property based on a deed of trust does not constitute collection of a debt within the meaning of the FDCPA.
Plaintiff agrees that the statute's definition of "debt collector" does not include an entity attempting to collect a debt that was not in default when the debt was obtained by that entity. However, he has alleged that BOA took over servicing the debt sometime after September 2009, Compl. ¶ 67, and the debt went into default in May 2008. According to BOA, the default notice was not rescinded until 2011. BOA does not address this issue in its MTD.
BOA also argues that "foreclosure on a property based on a deed of trust does not constitute collection of a debt within the meaning of the FDCPA," citing Hulse v. Ocwen Federal Bank, FSB, 195 F.Supp.2d 1188, 1204 (D. Or. 2002). In that case, the judge decided that "[f]oreclosing on a trust deed is distinct from the collection of the obligation to pay money . . . . Payment of funds is not the object of the foreclosure action." Id. First, many courts have registered disagreement with this decision. See, e.g., Albers v. Nationstar Mortg., LLC 2011 WL 43584 (E.D. Wash. 2011) (noting that Hulse's reasoning has been rejected by the Fourth and Fifth circuits and limited in other circumstances).
Second, as Plaintiff points out, he does not allege that foreclosure of the property constituted the violation; instead, he believes the demands of payment and threats were unlawful. Hulse held that "any actions taken by [defendant] in pursuit of the actual foreclosure may not be challenged as FDCPA violations," but "plaintiffs may maintain any FDCPA claims based on alleged actions by [defendant] in collecting a debt." Hulse at 1204. Based on this, even if the court were to accept Hulse's reasoning, the FDCPA claim survives.
H. Violation of Cal. Bus. & Prof. Code § 17200
Plaintiff alleges that BOA has engaged in unfair, unlawful, and fraudulent business practices by executing misleading documents, executing documents without proper authority to do so, and demanding payments for non-existent debt, among other things.
BOA concedes that violation of another law serves as a predicate for stating a cause of action under § 17200, but states that "Plaintiff must plead facts to support the underlying statutory violation." MTD at 11. Because the court has upheld Plaintiff's other claims, the § 17200 claim must be upheld under the unlawful prong. See, e.g., Vogan v. Wells Fargo Bank, N.A., 2011 WL 5826016 at *6-7 (upholding § 17200 claim because court had also upheld claim under Truth in Lending Act, 15 U.S.C. §1641(g)).
I. Accounting
Plaintiff also requests an accounting for all payments made. BOA states that a request for accounting must be tied to another actionable claim, and Plaintiff has no viable claims. BOA also states that Plaintiff has not alleged he is owed a balance.
"A cause of action for an accounting requires a showing that a relationship exists between the plaintiff and defendant that requires an accounting, and that some balance is due the plaintiff that can only be ascertained by an accounting." Tamburri v. Suntrust Mortg., Inc., 2011 WL 6294472 at *17 (N.D. Cal. 2011) (quoting Teselle v. McLoughlin, 173 Cal.App.4th 156, 179 (2009) (also noting that the purpose of requesting an accounting is "to discover what, if any, sums are owed to the plaintiff" and that "an accounting may be used as a discovery device")).
Further, "[a] request for a legal accounting must be tethered to relevant actionable claims." Harvey G. Ottovich Revocable Living Trust Dated May 12, 2006 v. Washington Mutual, Inc., 2010 WL 3769459 (N.D. Cal. 2010). While the complaint does not specifically "tether" the request for accounting to another single cause of action, it is clearly based on the same set of circumstances that is the basis for most of the causes of action in this case—the collection of money that was not actually due to Defendants.
Because Plaintiff has pleaded viable claims that are related to the same facts under which he requests an accounting, the court declines to dismiss the accounting claim at this time.
J. Motion to Strike Request for Punitive Damages and Fees
Defendant has made a motion to strike the request for punitive damages, arguing the "complaint is patently insufficient to support" such a claim. Fed. R. Civ. P. 12(f) allows a court to strike an insufficient defense or "any redundant, immaterial, impertinent, or scandalous matter."
BOA cites to Bureerong v. Uvawas, 922 F.Supp.1450 (C.D. Cal. 1996), which holds that a motion to strike may be used when damages are not recoverable as a matter of law. However, a more recent Ninth Circuit case, Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970 (9th Cir. 2010), held that "Rule 12(f) does not authorize district courts to strike claims for damages on the ground that such claims are precluded as a matter of law." Id. at 974-75. Thus, without any argument that the claim for punitive damages is redundant, immaterial, impertinent, or scandalous, BOA's motion cannot succeed.
BOA also asks the court to strike the request for attorney's fees, claiming there is no contractual or statutory basis for the award. However, as Plaintiff points out, RESPA allows for attorney's fees. 12 U.S.C. §2605(f)(3) (providing that costs may be recovered "together with any attorneys [sic] fees incurred in connection with such action").
For the reasons stated above, the motion to dismiss is DENIED. Defendants' motion has failed to demonstrate that Plaintiff's claims were implausible or precluded as a matter of law.
[1] While Plaintiff does not dispute that he owes money on the loan, he disputes the amount owed and "seeks the Court's assistance in determining who the holder in due course is of his Note and Deed of Trust." ¶ 22.
[2] Plaintiff admits he is not a party to or beneficiary of the PSA, but claims that the failure to securitize his note should prevent HSBC and BOA from claiming any interest in the mortgage.
[3] BOA has failed to apply its argument concerning the loan's securitization to any of Plaintiff's specific claims, and the court declines to perform this task.
[4] BOA also denies the existence of proximately-caused damages, but does not directly address the alleged damages from derogatory credit reports and excessive interest charges.
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BALTIMORE — The Coppin State men's basketball team will travel to Bloomington, Ind., to take on top-ranked Indiana on Saturday in Assembly Hall in the Eagles first-ever meeting with the number one ranked team in the nation.
Coppin State, which has faced 48 ranked teams in its history, has played five games against teams ranked fourth in the nation, which stood as its highest-ranked opponent to date. The Eagles met Kansas in 1994, Missouri in 2003, Oklahoma in 2009 and Connecticut in 2010 and 2011 who were all ranked fourth at the time of the game.
The Eagles will bring a 1-5 record into the game after having lost to Loyola 67-51 on Wednesday in the Physical Education Complex.
Coppin State has been led offensively by freshman Patrick Cole and senior Troy Franklin and defensively by junior Michael Murray. Cole leads the Eagles averaging 15.3 points per game, while Franklin is averaging 12.8 points per game. The two also rank one-two in assists, steals and three-point baskets. Murray has posted five consecutive double-figure rebounding games and four consecutive double-doubles to lead the CSU defensive effort.
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The Hoosiers routed No. 13 North Carolina 83-59 in their latest game and have allowed only one opponent to score more than 61 points on them this season.
The game, which can be seen on the Big Ten Network, will tip at 7:30 p.m.


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Intermatic Timers
Intermatic Swimming Pool Pump Timers are the standard industry favorite for reliable control of pool pumps, outdoor lighting, pool heaters and more. You can control any outdoor (or indoor) electrical product with an Intermatic 24-hour time clock.
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CSET Preparation Classes: A Workshop Series for Future Mandarin Instructors
This program is designed to help educators pass the California Subject Examination for Teachers (CSET) in Mandarin, an exam required by the state to become a credentialed K-12 Mandarin teacher. The CSET in Mandarin tests knowledge in Chinese language competency, Chinese culture and literature, and linguistics. During the workshops, experts in each subject area will teach key concepts and test taking strategies. For more information on registering for the CSET exam including deadlines and fees, please click here .
Class Time: 2 pm - 5 pm, April 1, 8, and 15
Class Location:
King Hall Room B1008
California State University, Los Angeles
5151 State University Drive
Program Fee: $100 - Please bring a check on the first day of class (April 1) made out to UC Regents
Parking: You may park in Parking Structure C for $3. Please click here for details.
Class Schedule:
April 1 - Chinese Linguistics
April 8 - Chinese Literature
April 15 - Chinese History
Please enroll by Monday, March 27, 2017.
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Presented by CSULB, Los Angeles City College, Whittier College, The Pacific Rim Institute and Charter College of Education, CSULA, CLTA-SC and the UCLA Confucius Institute
Please click here for online registration.