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Illegal buildings are structures that were built in ways that disregard the law. They can be found in the city as well as the countryside, and are often an eyesore — especially in urban areas. Illegal buildings are often involved in fires and as they also often have barred windows, which are technically legal, there continue to be tragic stories about people dying because they could not escape.
Car accidents are another problem. Every day there are reports about deaths from car accidents due to people disobeying traffic rules or driving drunk, both on freeways and regular roads.
Such accidents are clearly a result of human error. Although they might be unintentional, they still pose a great danger. For the victims of car accidents, who did nothing wrong, it is extremely unfair and sad.
All of these problems can be attributed to a lack of order. Unlike traditional order, the modern order is based on law.
Take traffic rules for example. In the past, on small roads and bridges in rural areas, the rule was to let older people pass first, but now that tradition has been replaced by the traffic light: a symbol of law and order. The new standard is the traffic light and order will only be restored if it is obeyed.
Freeways are the best example of modern orderly traffic. Every driver is responsible for making sure that their car is in good condition and that they obey traffic rules, including maintaining the right speed and following standard procedures when switching lanes or overtaking other cars. In Europe, Germany has autobahns. Although there are no speed limits on autobahns, they are nevertheless quite safe thanks to their well-established modern order.
Modern order is typically better established in advanced nations; in other words, their legal system is better enforced. Their buildings are designed and constructed in accordance with the law and are not modified at will after a permit for using the property has been granted by the government. Everything from the building coverage ratio and floor area ratio, to fire safety requirements and landscaping regulations are clearly specified and strictly enforced.
In Taiwan, even government buildings often do not conform to the law, not to mention buildings in which ordinary people live. While many of them might never get caught or reported, when they do get found out, it is usually because of an accident that had severe consequences.
The problem lies in how Taiwan after World War II never had a chance to develop a solid legal system that could serve as foundation for a new modern order. Leaving aside comments on the legality of the party-state system, martial law was used to control people's thoughts and spirit, while accepting that they broke the law in their physical activities.
In a way, the party-state controlled the mind while encouraging bodily indulgence, and suppressed the development of culture while keeping the economy free. This strategy helped ensure that there would be no major resistance and enabled the government to maintain the Martial Law era for a long time.
It is due to the accumulative result of this approach that Taiwanese society has become materialistic and utilitarian, habitually ignoring spiritual meaning and values.
While its emphasis on traditional moral values has recieved much praise — it is well-known that Taiwanese in general are kind to strangers — the lack of a well-established modern order based on the law means that Taiwan still cannot call itself an advanced nation.


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Dear Ones-
Our theme for May is "Come to the Table".
Do you remember when you were a child and your family would call out, "Come to the table!" You may have been playing, or involved in some project, but you knew that when you got that call, it meant to come NOW.
As adults, of course, we often have other obligations, other commitments, other projects which would preclude us dropping whatever we're doing and come NOW.
I certainly do understand that.
But I also want to extend the invitation. Come to the table. If you haven't been to church in a while, come back and see us. We've missed you!
And the larger truth is that UUFS needs you at the table. Certainly, we need your "time, talent and treasure". But more importantly, we need your voice, your input, your unique point of view. Without these things there is the danger of becoming stagnant, out-of-touch, irrelevant or just plain boring. Coasting along, doing the same things in the same way by the same people leads us nowhere new. Ultimately this kind of stagnation can lead to the death of any institution.
UUFS is the ONLY true voice of liberal religious values without creed here in Salisbury. I know that no one reading these words would want UUFS to simply disappear. If you are reading this you feel some connection to us, to Unitarian Universalism. If you continue to receive this newsletter, clearly you care on some level. And one way of showing you care is by showing up.
Now, I recognize that some of you have felt ignored, or frustrated, or angered in the past. You've felt your needs have not been met, or your voice not heard, or felt overburdened and put-upon. Perhaps you've "stepped away" from the table for a while.
I understand that completely, and am deeply sorry for your experience.
We must, both individually and as a community, constantly remind ourselves that we are flawed (sometimes deeply flawed!). We can't always see the consequences of our actions. Often those actions are thoughtless, inconsiderate, or unkind. While this is in no way an excuse, it is, hopefully, a reminder that all of us are "muddling through".
We must "forgive ourselves and each other, and begin again in love".
And so this is an invitation to "begin again in love".
In the Jewish tradition there is Yom Kippur – the Day of Atonement. It is a day to acknowledge our faults and shortcomings, and to ask sincere forgiveness from those whom you have hurt.
We UU's do not have such a day, of course. But perhaps we should.
My colleague Barbara Wells writes: "UUs struggle with this a lot, I think. We cherish the intellect and the ability to learn and grow so much, that sometimes we forget that making mistakes is a part of the process. I know I find it difficult to admit when I'm wrong or when I have hurt someone. So let me take a moment now and say to you, this congregation I love so well, if I have hurt you in this past year, forgive me. When I have botched something badly, or not been there when I might have been, please forgive me. I am sorry and hope to do better…"
I certainly echo Rev Wells' sentiment.
And she continues, "Can I ask you to do the same? Take a moment and reflect internally on someone you might have hurt this year. Something you did that caused pain or anger or hurt. Can you admit to it? And can you ask for forgiveness with your whole heart, promising to do better?"
We too, as a community, must also do this. We must ask for forgiveness with our whole heart, and promise to do better.
But unless we are reminded of how we have fallen short, have caused pain, or anger or hurt, we cannot know how or to whom we must ask forgiveness.
And so, this month, at the end of our church year as we go into our Summer programming, I invite you to come back to us, to "come to the table". Come help us to do better, to BE better. Our beloved community needs you.
Wishing you peace and blessings, Rev John

subset: commoncrawl


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06 Mar
Taking pen friendship to the next level: How I study Russian with Whatsapp
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During my stay in St.Petersburg I was learning so many new words and phrases in Russian and started to think of ways to use them in everyday life. But with whom should I speak? I didn't know anyone in Saint Petersburg and throughout the week I was usually very busy. As I took out my… Continue reading


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The color-contrast collar and unique-but-simple art on this v-neck give it that little something extra. Perfect for casual wear when a plain t-shirt just won't do. Modern styling and a slim fit up the style factor of this long-sleeve tee.
Item Type: Tops
Tops Type: Tees
Gender: Men
Pattern Type: Print
Sleeve Style: Regular
Style: Fashion
Fabric Type: Broadcloth
Hooded: No
Material: Cotton,Polyester
Collar: V-Neck
Sleeve Length: Full
Sleeve Type: Regular
Color: White, Black, Navy


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Tubito Law Group, P.C.
The Tubito Law Group represents clients in commercial and residential real estate proceedings and transactions. Our real estate clients include landlords, tenants, developers, homeowners associations, homeowners, purchasers, and sellers of real property.
Some examples of the real estate services provided by The Tubito Law Group include;
- Real estate closings
- Development agreements
- Construction contracts
- Commercial and residential leases
- Easements
- Property line disputes
- Resolution of title issues
- Zoning and land use
- Environmental issues
Tubito Law Group


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Hey family and friends, meet Phoenix!
YouTube videographer, TheUniversalfan, just wanted to show the beauty of Phoenix to his family, friends, and, yes, the rest of the world. "Meet Phoenix!"
Posted on August 22, 2009, in Neighborhoods, Transportation and tagged Downtown Phoenix, Interstate highway, photography. Bookmark the permalink. Leave a comment.


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Fall is my favorite season and I love to decorate for fall. I love the warm oranges, and reds and browns, and the colors just go so well with my decorating style.
All of these fall magazines have given me some inspiration to get ready and excited about fall.
I will admit I am not excited about colder weather and winter soon approaching, but I am enjoying the cooler, crisp temperatures. I am also getting excited about pumpkin flavorited items and I actually hit up Starbucks yesterday for my first pumpkin spice latte of the season (which you can also find a knock-off version, or 2, here).
I have to tell you a quick story about my Starbucks trip. I placed my order and then pulled up to the window. The girl working the drive through was very perky and when she repeated my order she then said "you look super excited about this pumpkin spice latte." I was excited, but I don't think I looked overly-excited. She then asked if this was my first of the season, and when I said yes, she said she was so excited to be experiencing my first of the season pumpkin spice latte with me. She then handed me my drink and told me that she hoped that this latte was everything I expected and more. She was very sweet, but it just made me laugh because I think she was more excited about it than I was, and I was pretty darn excited.
Anyway...I do have some other pumpkin flavored treats, which you can find here. I also am eager to find some new recipes to try and share as well. Last year I totally stocked up on canned pumpkin so it would get me through the season and through winter. I am sure that I will stock up this year as well...ha!
So here are some of the fall items I have put out for fall. I have some halloween decorations as well, but I'll hold off until October before I pull them out (don't want to rush the seasons too much right!).
The wreath on my front door. My front door is not very protected, so I keep my wreaths on the inside of the door. I wish I could find something that would outlast the weather, but for now, to keep my wreaths looking nice, I keep them indoors.
This is the center piece on my coffee table in the living room. I got this idea from a Crate and Barrel mailer last fall. I just used my "traveling leaf" (as my friends call it) platter, placed a hurricane with some fall shaped glass beads (Pier 1 last year) and a pumpkin spice candle, and then tied some raffia around it. I have had the candle for a few years now, and it still smells so good, even unlit. Go Pier 1 candles!
This is my dining room. I got the topiary at Garden Ridge a long time ago. I am sure you can find something similar at Joann's, Old Time Pottery or Garden Ridge. The table runner I got last year at Pier 1. I need to find some fall inspired candles for my candle holders. They just look too springy in this picture.
Some fall things for the kitchen. Dishtowels (orange one from Crate and Barrel, plaid one from Kohls), some plaid ribbon for my platter (Southern Living at Home), and of course a cinnamin pumpkin candle from Bath and Body Works (my favorite!).
Blenko Glass and I got this orange glass bowl. I thought it looked like a flower and thought it would be perfect to hold some delish fall apples.
Of course the bathroom can't be left out. I got this little fall sign a long time ago at Hobby Lobby for probably only a few dollars. I didn't really have a place to put it, but it fit perfectly on the sink in my guest bath. The sunflowers are there all year long, but they are very fall-like.
Hope you enjoyed my fall decorations. If you have any fall inspired decorating ideas or recipes, please share.
Saturday, September 10, 2011
Fall Inspiration
Labels: Decorating, Fall
3 comments:
Fall is my favorite season, too! I love the warm colors, and sunflowers are my favorite - they were the only flowers we used at our wedding last October! Can't wait to try some of your pumpkin recipes :)ReplyDelete
I love your fall decorations, and that's too funny about the latte! I had my first pumpkin ale of the season last weekend, and it was tasty!ReplyDelete
I love Fall too and I really love your decorations! It is still pretty hot in San Diego so I haven't decorated yet but hopefully it will cool down a bit soon! :)ReplyDelete
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Adirondack Country Homes Realty Inc.
1098 US Route 9
Schroon Lake, NY 12870
Inventory # RE0248 - sold
Awesome Panoramic Mountain Views best describes this home with views to die for. Magnificent views of the Green Mountains. This home has lots of amenities to make this a treasure of a second home!
Must see to appreciate these views.
Call your ACHR Agent for more pictures and info!
Return to Waterfront Property
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07:31 PM - December 28, 2011 by Steve_OS
The NBA season is underway and while rosters have taken shape, EA Sports and the NBA Jam: On Fire Edition team haven't mentioned when they plan on updating their rosters.
We've sent a few messages via email and Twitter, but haven't received word from anyone. While it is reasonable not to hear anything, since it is the holiday season, some messages were sent weeks before.
Updated rosters were a promised feature for the game. Taking a look at the official site, there is no mention of updated roster updates. Maybe they are waiting for the rumored trade deadline, which is currently set at March 15th? Doubtful.
PastaPadre has taken note and written an article about it.
The game would definitely sell more with updated rosters. Hopefully we'll hear some good news on the topic soon.


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Hey Folks!
Check out my pics from the White House Garden Tour from yesterday. It was a little nippy and cloudy outside, but we had a fantastic time on the grounds of the White House. There was a military band playing (not sure which branch) and plenty of beautiful flowers and scenery.
The White House Garden Tours have been a tradition since 1972 when Pat Nixon first opened the White House gardens to the public. Visitors are invited to view the Jacqueline Kennedy Garden, Rose Garden, Children's Garden and South Lawn of the White House. A new addition to the tour was First Lady Obama's Kitchen Garden. The garden was named in honor of Thomas Jefferson. The vegetables were grown from heirloom seeds used by Jefferson at his estate, Monticello. I was quite impressed. You might see ThatKellieGirl in some overalls in the future. 🙂


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Also, Warning Fatal Error 823 Occurred Sql Server errors are very common during PC restarts that immediately follow a previous improper shutdown and recent virus or malware infection recovery. Each time an IO failure occurs, a database can become corrupted, which database backups can backup. Most Warning Fatal Error 823 Occurred Sql Server errors are due to damaged files in a Windows operating system. April 19th, 2015 11:32pm Below is the text for error 823 from sys.messages. http://opensofts.org/fatal-error/warning-fatal-error-9001-occurred.php
I am not technical at all, so after reading on sqliosim, that is way beyond my technical skills. Check if their are any error during that time frame. sql-server share|improve this question asked Jun 19 '09 at 10:33 user10082 145238 add a comment| 3 Answers 3 active oldest votes up vote 5 down vote accepted As Splattne said, 823 Thank you everyone for the help and the extremely valuable suggestions. #10 cyberia, May 29, 2008 (You must log in or sign up to post here.) Show Ignored Content Loading... additional hints
What are Warning Fatal Error 823 Occurred Sql Server errors? The error is a low level error and in *most* cases can be attributed to a bad HD or bad RAM. Edited by Satish Reddy G 3 hours 50 minutes ago April 19th, 2015 10:47pm Is this a old issue you are trying to troubleshoot, as Date says Jan 20 2014. I don't know where to look at next since I cant even connect to the Sql Server.
Programming Feb 11, 2011 Weird file showing up on my website - gab.php Programming Jun 24, 2010 weird timezone php error Programming Jan 4, 2010 Your name or email address: Do Other recent topics Remote Administration For Windows. This is a severe system-level error condition that threatens database integrity and must be corrected immediately. Failing over SQL Server resets the driver and sets up a new IO path, but failover clustering is designed for high availability, not fault tolerance.
If you must use REPAIR, run DBCC CHECKDB without a repair option to find the repair level to use. Msg 823, Level 24, State 2, Line 1 Apologize again.. How do I know if is no longer an issue? Windows system file entry corruption is a serious matter, as it often means a malfunction that may pose a major security risk.
please check windows event viewer and SQL errorlog to see if you find anything during that time frame when this error ccurred. The CHECKDB output means that it couldn't create the internal database snapshot that it uses to get a transactionally-consistent point-in-time view of the database. Hope this helps.Click to expand... All Forums SQL Server 2000 Forums Transact-SQL (2000) Warning: Fatal error 823 occurred Reply to Topic Printer Friendly Author Topic askcomputer Starting Member India 12 Posts Posted-05/15/2006: 07:40:59
The server is complaining of a corrupt .exe file, so it may very well have other corrupted files including databases. #9 cyberia, May 28, 2008 cyberia Platinum Member Joined: Oct https://forums.anandtech.com/threads/weird-error-on-ms-sql-server-warning-fatal-error-823-occurred.181574/ April 19th, 2015 11:01pm Sorry gurus, Changed date as this is from server. Fatal Error 823 Occurred Sql Server 2012 As Stan suggested you will have to correlate this date and time with SQL server and see if any events recoded in windows event viewer and sql server errorlog. Sql Server Error 21 Weird? #2 cyberia, May 28, 2008 KLin Lifer Joined: Feb 29, 2000 Messages: 29,338 Likes Received: 3 Something to try Looks like the guy did an index rebuild to fix
Have you looked in the SQL error log or Windows application event log for any signs of corruption or things going wrong with the I/O subsystem? this page Additional messages in the SQL Server error log and system event log may provide more detail. April 19th, 2015 11:28pm Hi Gurus, I have restated the services and now we are able to connect Sql Server. make sure you have applied all patches. Dbcc Checkdb
I highly recommend this strategy. See if there are any disk-related errors. Want to Advertise Here? http://opensofts.org/fatal-error/warning-fatal-error-9001-occurred-sql.php Where did this error occur?under where condition2.
The Warning Fatal Error 823 Occurred Sql Server error message appears as a long numerical code along with a technical description of its cause. Erland Sommarskog, SQL Server MVP, [email protected] Sunday, May 12, 2013 6:24 PM Reply | Quote 0 Sign in to vote David, thanks for your feedback. Join our community for more solutions or to ask questions.
Each hexadecimal code denotes a different memory address location that loaded instructions when the error was generated. Missing Schengen entrance stamp Should the sole user of a *nix system have two accounts? I can't really try reindexing because I won't know if it fixes anything. Not the answer you're looking for?
Thanks for the advice!Paulino Monday, May 13, 2013 1:15 PM Reply | Quote 0 Sign in to vote Ok. The active SQL Server errorlog (C:\Program Files\Microsoft SQL Server\MSSQLx\MSSQL\Log, which is a text file), will also contain the 823 error. How to use sort on an awk print command? useful reference The problem occured at around 8 am yesterday and went away at around 11 am.
System requirements are typically included inside the package that the program CDs came in or listed on the software manufacturer's website under "Documentation" or a similar heading. This definitely helps. It combines data from three databases on two SQL servers (via OPENROWSET). A dialog will open that displays the amount of free space and total storage capacity.
Complete a full database consistency check (DBCC CHECKDB). On a SQL 2008 64 bit (10.0.5500.0) I got this error messages three time with interval of two minutes: Warning: Fatal error 823 occurred at May 11 2013 2:38PM. Attempting to get exclusive access to run checks offline. Such incidents often result in the corruption or even total deletion of essential Windows system files.


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On Monday night we hosted our 2nd Women's Potential Seminar for 2012. Such a range of women attended this event, from the mining industry to the fitness industry, from business owners to employees, and from lawyers to pharmacists. In talking about emotion, we explored the science of the brain and the mind-body connection and how corporate leaders can use high-performance emotional intelligence strategies used by athletes.
You see, it is easy to forget that we have a brain and that it's purpose is to collect data and send relevant messages throughout our body and back to the brain. When we are faced with a high stress situation, we typically receive some physical signals (physiological symptoms) and some mental messages (automatic unsupportive thoughts). In most cases the automatic mental messages tell us that we facing real threat and that we don't have the resources to deal with it. But what if we didn't buy-in to these mental messages? What if we simply acknowledged them, took a deep breath and then listened to our truth? What impact would this have on our emotion and our performance?
This was the core of our learning and sharing on Monday night. It was thought provoking, challenging and inspiring to consider how much control we really do have in high pressure situations. Each woman walked away armed with personal insights, practical strategies and professional connections.
With only 3 exclusive seminar events held each year, the Women's Potential Seminars present a new way for corporate women to harness their potential! While other seminars focus on teaching technical skills, we focus on teaching you high performance strategies. From years of working with high performance athletes, we have recognised that corporate success is dependent on the same foundations as sporting success. 1.) Maximising high performance energy. 2.) Managing high performance emotion, and 3.) Maintaining high performance thinking.


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I recently met with representatives of a school district with a large and growing number of Latino students. The consensus of these district representatives was that their Latino students were struggling academically because they have failed to master the "academic language" that was needed for school success. I have heard variants of this narrative throughout my career as a teacher and researcher with the language proficiency of Latinos dismissively referred to as "playground language" that provides little foundation for the type of academic language that they need to be successful in school. But what exactly is academic language?
When I ask this question I often receive a variant of two responses. The first response is that playground language is the contextualized language of social interaction while academic language is the decontextualized language of schooling. The argument is that the contextualized nature of playground language makes it less complex and easier to master than academic language. I sometimes wonder if people who make this argument have every actually observed students on the playground. As a life-long socially awkward nerd who has always received good grades but often struggled to negotiate the complex social relations of the playground I can personally attest to the fact that there is nothing inherently more contextualized or less complex about the negotiations that happen on the playground.
The second response is that academic language is the language associated with specific content areas. The argument is students who have mastered academic language are able to speak and write like historians, mathematicians and scientists. Yet how exactly does a historian, mathematician or scientist speak and write? Let's take prominent scientist Stephen Hawking as an example. A quick google search of his work indicates a wide range of language practices that include peer-reviewed journal articles targeting other scientists, books such as A Brief History of Time that attempt to make scientific concepts more accessible to a general audience and even videos such as Intro the Universe with Stephen Hawking that augment this more accessible approach with visuals and narration. In which of these capacities is Stephen Hawking using the language of science and which of these should be the goal when we are trying to teach students academic language?
Both of these definitions reify a rigid dichotomy between "academic" and "non-academic" language that has little basis in actual language-in-use. But might such an oversimplified conceptualization of language still be useful in some regards? Imagine walking into classroom with the expressed purpose of determining whether you observe academic language. You overhear a student offering a linguistic analysis of the different ways that her name can be pronounced and how that relates to the identity of the speaker. You witness students debating the nuances of translation as they determine the best way to say a particular word in another language. You observe a conversation about whether "nigga" is a term of endearment or a racial slur. As an educational linguist I certainly see evidence that students are engaged in the language of sociolinguistics. They are discussing the relationship between language and identity, reflecting on the important of an understanding of cultural context in translation and debating the ways that words may have different meanings in different contexts. So, do these types of social interactions constitute academic language?
These interactions are not fictional. They were actually observed by members of my research team in first grade classrooms at an elementary school serving a primarily low-income Latino student population. You might wonder what kind of innovative pedagogical approach is being used to support these students in engaging in such sophisticated linguistic analysis. After all, if dominant representations of Latino students are true it is difficult to imagine these students being able to engage in these language practices using their playground language. Perhaps the teaching is providing scaffolding techniques that are facilitating the student discussions. Or maybe the teacher has special training in teaching academic language to "at-risk" youth. How else would these Latino students be able to engage in such academic tasks? Actually, the teacher did not play a role in any of these interactions. They all occurred as part of unofficial student interactions that were not directly related to the teacher's lesson.
How is it possible for the dominant representation of the language practices of Latino students to clash so starkly with the unofficial interactions that we have observed in our research? This is possible because the concept of academic language is fundamentally flawed. It begins from the premise that language can be dichotomized into "academic" and "non-academic" forms and presupposes that Latino children inevitably come to school without a strong foundation in the academic forms. The deficit perspective produced by this narrative has become so ingrained that regardless of what Latino children do with language they will always be positioned as lacking a strong foundation in academic language. Indeed, members of my research team have overheard teachers describing the Latino students that we observed engaged in sociolinguistic inquiry in precisely these terms. Were these children White middle-class children and engaged in this type of sociolinguistic inquiry it is doubtful that questions related to their mastery of academic language would be raised.
It is for this reason that I am calling for a moratorium on current discussions of academic language. To be clear, I am not suggesting that we stop talking about academic language. Instead, I am calling for a moratorium on uncritical framings of academic language as an objective set of linguistic forms that are dichotomous with the playground language of Latinos and other language-minoritized students. Declaring this moratorium would transform our task away from attempts at objectively defining and assessing academic language toward an exploration of the ways that certain populations become recognized by school and society as using academic language and the ways that other populations become recognized by school and society as lacking academic language. The ultimate goal would be to develop a new conceptualization of language that is situated within a larger critique of racial inequalities that current conceptualizations of academic language normalize.


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Hello lovelies, here's my entry for the 22nd day of OMD Challenge. I chose dragonflies and I'm a bit sad that it didn't photograph so well, it looks a lot better and vibrant in real.
Dragonflies are insects but all insects belong to the animal kingdom also and since I am a hydrobiologists – this seemed a perfect chance to try this out (the idea has been in the back of my head for quite a while already).
Things I used:
- China Glaze in Call of the Wild
- Maybelline Colorama #106 (metallic grey)
- Kiss Nail Art Pen in Silver (was my first time using a nailart pen)
I also like how the wings look a bit shattered since their wings have amazing patterns.
Be sure to check out all the other lovely animal themed designs from here!
I will be writing another post later this evening for music themed challenge. Until then have a lovely Tuesday evening 😉
Can't wait to see what you have come up with for today's theme.


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Reviews and scores on the nation's leading Auto Insurance suppliers. Get coverage, premium and low cost info from our list of top Car Insurance companies.
In addition to injuries from accidents, workers comp covers accidents workers might sustain from different events which will happen whereas they are working, including office violence, terrorist attacks and natural disasters. Vermont legislation requires employers to provide worker's compensation coverage. As an employer, you must law school admissions by the numbers put up a discover of compliance in a conspicuous place advising your workers that you have secured worker's compensation safety for them. Another NCCI state. In Mississippi, all employers with five (5) employees repeatedly employed are required to supply staff' compensation insurance protection.
The state doesn't require you to file a proof of insurance with the DMV. However, you can be required to indicate proof of insurance coverage upon a police officer's request throughout a visitors cease. An employee has the responsibility of submitting an Employee's Claim with the Workers' Compensation Commission. These types law schools pigs lowering the bar in order to grab more student loan money and 2 can be found free of price from the Commission and the employer shall have them accessible for their workers always. The Employee Claim Form is also accessible on-line.
Road Test. The vehicle used for the street check have to be insured, registered and licensed. Only the check administrator is allowed in the automobile with the applicant through the take a look at. The administrator will have the applicant exhibit primary driving maneuvers to display that he/she is able to safely and legally driving on the highway. History.—s. 5, ch. 84-267; s. forty three, ch. 89-289; s. fifty six, ch. ninety-201; s. 52, ch. ninety one-1; s. 6, ch. ninety one-269; s. forty seven, ch. ninety three-415; s. 288, ch. ninety six-406; s. 492, ch. 2003-261; s. 68, ch. 2004-5.


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Shamanic Drum Circle - Wolf Clan Teachings
Sunday, May 23rd and Sunday, June 20th
7:00 pm
Together we'll gather in a circle by the fire and journey with our Guides to receive messages. Wolf Medicine teaches us to "follow the scent"...the scent of power and magic, the scent of spirit! We'll also send healing energy to any of our wolfdogs on the property who need or want it.
Sonara - "Grandmother SilverBear" - is visiting from Sooke, British Columbia. She brings over twenty years experience facilitating Drumming Circles (Michael Harner Method) and drum making workshops. New beginners and experienced practitioners alike are welcome.
Bring a blanket to sit on, a bandana or scarf to cover the eyes, a snack to share later, a drum or rattle if you have one. Dress warm for the evening as we will be outside under the stars and surrounded by the harmonious howls of our resident wolfdogs.
Photo courtesy of Sonara
Creator, help me learn Nature's lessons, especially from Wolf!
"Nature is life's greatest teacher. The natural laws are hidden in nature. Hidden are solutions to everyday problems such as conflict resolution, how to forgive, lessons bout differences, how to manage organization and how to think. Hidden are feelings. Look at something and feel it. Look at the night sky when there are no clouds. As you gaze at the moon and the infinite stars, your heart will become very joyful. You will walk away feeling joyful and peaceful. We need to visit nature so we can see and feel these things.
"What if we saw the inherent value and light in every soul? On my personal journey with wolves, I have taken some missteps. I have regrets. But I know I gained from every experience and learned incredibly valuable lessons from others who have a different viewpoint from my own."
Our minimum suggested donation for this event is $20.00 All donations will go to the care and feeding of our animals. Our gift shop will be open.
Email email@example.com for directions to the Farm, or call Nancy Brown at 669-1818.
Hellos and Goodbyes
Say hello to Dodger!
Dodger was living in an area where wolfdogs were illegal. His owner surrendered him to the shelter. He was released to Full Moon Farm, with the intent of taking him to another sanctuary once he was healthy and neutered. The situation at that sanctuary changed, so Dodger is staying with us. We are hoping to find a permanent placement for him. He is very sweet and loves to get skritches, but is very uncomfortable with loud noises.
Photo of Dodger by Michele Frankl
One of our oldest residents passed away on May 15th. Howler suffered a stroke sometime on Friday night/Saturday morning (the 14th/15th). The vet was called and she came out to help send him over the Bridge. Howler spent the day sleeping peacefully in his doghouse, more in the next world than this one. Nancy estimated his age to be 12.
Howler had been the alpha of a large pack that came from the New Hampshire rescue in 2002. Another wolfdog decided he wanted to be alpha, and Howler had to be moved to a different pen (that altercation left Howler with scars on his face). Daunkette was moved in with him, as they got along so well.
Howler was curious about people, if a little shy. He would sometimes nip, and loved to attempt to steal gloves. He ended up with at least one glove (or hat) every winter. He also loved playing in the swimming pool he shared with Daunkette. They would take turns splashing and rolling in the water, regardless of the temperature.
Daunkette seems a little sad, and so are we. Howler was very much a character, and he will be missed.
Photo of Howler by Michele Frankl
Misty Update
Misty had a setback in late March. She didn't like being the only woofer in the infirmirary, and refused to eat anything raw. This was problematic, because her medications can't be hidden in kibble. Nancy figured that Misty was lonely. As Bear was also still a little lonely after Chewey's passing, it was decided to move her in with him. She was taken to the vet for another round of internal and external cleaning, and then moved into a 10'x10' pen in Bear's enclosure. We have to keep her in a separate pen because she still needs her medication, and it's the only way we can ensure she eats it.
Since moving her in with Bear, her attitude has improved. She's eating raw meat (and her meds!) again. Bear is absolutely smitten with her. He has moved his doghouse next to her pen, and seems a bit protective of her. He has to check out whatever we're doing with her. Hopefully, this will be a big enough boost for Misty so that she will get - and stay - healthy.
Photo of Misty & Bear by Michele Frankl
Woofer Spotlight: Belle and Mac
Belle and Mac were seized in an area where wolfdogs are illegal. Instead of euthanizing them, they were temporarily placed in a shelter. When the shelter sent Nancy photos of the pair, she informed them that Belle was pregnant. They didn't believe her. When Nancy arrived, she found out that Belle had delivered a litter of six, but only two survived (Ramses and Sugar Bear).
While they are both shy, Belle will approach you if she knows you and there aren't too many strangers around. We wish she was a little bit better about allowing us to pluck her. She's currently blowing out her coat, and is quite shaggy-looking. She has the softest undercoat of all our woofers.
Photo of Belle by Dean Rhoades
Mac is so shy that, if there are a lot of people around, he will hide in his house. If there aren't a lot of strangers, and Belle has come up to the person at the fence, he will also approach. He will sometimes sniff a hand, or allow a quick scratch under his chin. If he barks at you, it means he likes you.
Photo of Mac by Michele Frankl
Nancy estimates that Belle and Mac are about 12 years old now. They are completely devoted to each other. They're our sweet old couple.
Howl-In Reminder
Our next Howl-In is Saturday, May 29th. Tours of the Farm start at 3:00 pm; potluck supper begins at 5:00. $5.00 donation includes main dish and water/soft drinks. Bring a side dish and join the fun!
Please note that an earlier Howl-In calendar erroneously listed September 4th as a Howl-In date. We are not having a public event that day. We apologize for any inconvenience.
Storm Cleanup Continues!
Our neighbor, Mr. Hall, re-graded our driveway, so the worst of the damage has been filled in. It still needs dirt, gravel and road bond (gravel cost alone is approximately $500). We've been working hard on removing the downed trees and branches. (More photos here.) We've gotten more of the piles cleared, but there's still a lot more to do. We're very grateful to everyone who has come out to help. If you've got the time, we've got branches that need cutting and hauling!
Thank yous
We would like to thank the following for all their help with last month's Earth Day Minifest at White Horse Black Mountain:
White Horse Black Mountain and T-A-D-S for co-sponsoring the event, 5th World Radio & Joe Carlson and Joe Hallock and the Flat Creek Boys for performing, The Mellow Mushroom for providing the pizza, all the vendors who donated items for the raffle, all our volunteers who helped work the event, and everyone who came out for a great time!
We would also like to thank Dickies for donating bottled water (plain and flavored) and snacks for our Howl-Ins.
Our thanks also go to T-A-D-S for for taking care of our recycling/trash pickup.
It's Time for the Shelter+ Challenge Again!
The Animal Rescue Site is hosting a special challenge for eligible Petfinder.com member shelter and rescue groups. The grand prize is a $10,000 grant, and they will be awarding many other grants to rescue groups with the most votes — a total of $100,000 in grants for animal welfare organizations.
Help us win! All you have to do is click to help rescued animals, and then vote in The Animal Rescue Site $100,000 Shelter+ Challenge. Both of these actions are absolutely free! You can vote once a day, every day, from May 17th through August 22nd, 2010. Every time you vote, or tell a friend to vote, you are making a huge difference for us.
It's easy to do! Go to The Animal Rescue Site and "click to give" (the big purple button). Then, click on the "Vote Today" button at the top of the page. On the next page, you'll type in "Full Moon Farm" for the shelter name, and "NC" for the state. After you click the "vote" button, you'll be taken to a page with a picture of an animal. Once you type in what it is, click "submit," and you're done!
Please remember to vote every day, and please ask your friends and family to vote for us! Thank you!
Back Issues
You can find our back issues here.
Searching and Shopping Reminder
Don't forget that you can help Full Moon Farm by using GoodSearch for your online searching, and igive for your online shopping!


text:
Viking: Battle For Asgard released back in 2008 and even though it has it's fair share of flaws I couldn't help, but like the game. There hasn't been a Viking game quite like it since.
The Good:
Viking: Battle For Asgard is a semi open world game that gives us the option to engage the enemy in combat or sneak around their camps assassinating them. It's a good formula that works, even if it is a little clunky at times. The combat is good and could have been great with some tweaks, but it all comes down to strategy in the end. If you rush a giant mob of enemies without proper planning you'll be dead. Some groups can only be taken on with your army that you'll go around building for the majority of the game.
Taking a keep or stronghold is where Viking: Battle for Asgard shines. Fighting a massive army with yours is great. You can choose to charge in with your army and fight on the frontlines or take the strategic checkpoints scattered around the battlefield. Taking the checkpoints and killing their leader will grant you a victory.
Viking: Battle for Asgard isn't all about the gameplay. Exploring the land will grant you upgrades to your weapons. Unfortunately you can't equip new weapons or armor. The gameplay, except the stealth segments, is fun, but repetitive.
For a game that came out back in 2008 it looks pretty good on max settings. It obviously won't blow anyone away and the character textures are Dynasty Warriors kind of bad, but the environments look really good and that's enough to satisfy me.
The soundtrack is probably the best part of the game by far. It's amazing and sets the tone for the game. It's dark theme doesn't quite fit the game, but when I sat down and listened to the whole thing I really loved it and I highly recommend listening to it.
The Bads
In Viking: Battle for Asgard you play as Skarin. You're the champion of Freya and your goal is to defeat the invading forces of Hel, queen of the underworld, and restore peace to the land. In order to do so you must build an army, and capture the three islands under her control. The plot here is nonexistent. The story is utter crap and no one will care, or remember it, once they've completed it. I had to look up an old review just to remember what the plot was.
The first time you execute an enemy you'll love it. Thousands of executions later you'll probably wish there was an option to turn them off because they happen so frequently that you'll just want to get back into the action. Watching the 300th head pop off and fly into oblivion is cool, but I wish it was tuned down a little.
Lack of Customization:
In a game like this customization would have been a great feature, but it's sadly not present here. You'll go through the whole game with the same outfit and weapons until you complete the game.
Voice Acting:
The story that this game tried to tell us is offset by the terrible voice acting. Even if the story was good, it's not, the voice acting would make it impossible to enjoy. The lip syncing is horrible and every sounds like they have to fart, but it won't come out.
The Verdict:
Despite it's flaws, and there are a lot of them, I still enjoyed this game. It could be my love for anything related to Vikings or because I'm sucker for action games, but there is something about this game that prevents me from shitting all over it. Viking: Battle for Asgard is a solid game that's good for a single playthrough that will entertain a certain crowd. If you want to play some pretty great wars buy this game. It's fairly cheap and it might surprise you.
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How Do Fintech Startups Actually Win Industry Awards?
Brands constantly trumpet their industry accolades, from J.D. Power Awards to the Benzinga Global Fintech Awards. But what do companies have to do in order to win these awards? It's more than just constantly being in the press or having the biggest brand, says Joy Schoffler, a fintech PR guru and judge of several fintech startup competitions.
Schoffler has been the principal of fintech-focused public relations firm Leverage PR since founding the company seven years ago. She serves as a board member for SXSW Fintech, the AARP Livepitch fintech awards, as executive chair of the Fintech Professionals Association, and has judged about a dozen different fintech competitions on multiple continents.
She's submitted hundreds of awards applications and assessed about as many. Schoffler's clients have been placed on KPMG's Hot 100 Fintech list and won Fintech Africa Awards, among other honors.
In short, Schoffler knows how to win fintech awards competitions, and has advice for startups with their eyes on prizes.
"As a judge for multiple fintech competitions, I regularly see things that really make companies stand out or things that hurts a company's chances," she said in an interview with Benzinga.
With the application deadline for the Benzinga Global Fintech Awards days away, we sat down with Schoffler to get her thoughts on what brands big and small could do to stand out among their peers when going for the gold.
See Also: How To Reach 10 Top VCs With One Click
How To Get Noticed
Schoffler emphasized that a quality written application is the first step towards winning an industry award.
"You don't get invited in if you don't come through the door appropriately," she said. "So many people write applications quickly, using abbreviated terms, not accurately describing the value add of their company, or using a tagline instead of explaining why what they're doing is impactful."
One particular distinction Schoffler points to in writing awards applications is to remember that applications aren't meant to sell products, but the company as a whole. Many applications are written in "sales language," using industry jargon that obscures what the company actually does.
"Competitions want to know the same things that investors want to know—what's unique and cool about what you're doing and why should people care?" Schoffler said. "If you don't answer that, people won't read much further."
Technical issues like unfinished websites often hurt early-stage startups when applying for awards, as well. If judges can't see what a company does online, or the company website doesn't work, it's hard for them to take the company seriously unless the company has major traction with customers, says Schoffler.
Basic Mistakes
Finally, startups applying for awards need to be thinking at the low level just as much as the high level. Schoffler says poor spelling, grammar mistakes and incomplete applications often sink applicants before they're even really considered.
Companies would also do well to highlight the career history of founders and investors, plus relationships investors have within their industry that will be material to the company.
If your company doesn't have a lot of these things, Schoffler says not to worry. If that's the case, your company might be too early-stage to start submitting for awards in earnest.
"Whether your goal is media coverage, an award or a speaking engagement, companies must remember they need to be ready for the spotlight. It can amplify both the good and the less desirable aspects of one's business," adds Schoffler. "Applying for awards also takes a lot of time and energy that you could put into building your product and service. Invest your time on the front end and the rewards to your business will go way beyond the placard on the wall."
Although you are likely to have one of those too if you do both, Schoffler said.
Leverage PR is a Caliber Corporate Advisors company.
If you're looking for cool fintech startups and access to top financial institutions, and are sick of attending stuffy corporate conferences, the Benzinga Global Fintech Awards is the event for you. From its first year in 2015, the competition grew to over 250 applicants and over 500 attendees in 2016.
Connect with us on social media — use the hashtag #BZAwards and #Fintech to spread the word!
Posted-In: Benzinga Global Fintech AwardsFintech News Events Top Stories Success Stories Startups Tech Best of Benzinga
© 2019 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.


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text:
ANTHONY W. ISHII, Senior District Judge.
*1 This is an action for damages by plaintiff Linda D. Moriarty ("Plaintiff") who is proceeding in forma pauperis against defendant Nationstar Mortgage, LLC ("Defendant"). Plaintiff's First Amended Complaint ("FAC") filed on July 31, 2013, alleges a total of five claims for relief. The FAC was screened pursuant to 28 U.S.C. § 1915(e)(2). The claims remaining after screening are: (1) violation of the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692, et seq.; (2) violation of the California counterpart to the FDCPA, the Rosenthal Fair Debt Collection Practices Act ("RFDCPA"), California Civil Code § 1788 et seq.; and (3) violation of the federal Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 277. A claim for violation of the federal Fair Credit Reporting Act and a claim for "obligation of fees due Plaintiff" were dismissed with prejudice. Currently before the court is Defendant's motion to dismiss the fourth claim for relief set forth in the FAC. Federal subject matter jurisdiction exists pursuant to 28 U.S.C. § 1331. Venue is proper in this court.
Defendants request the court take judicial notice of several documents that pertain to the Deed of Trust, its assignments to successor trustees, the notice of default, and documents filed in the Superior Court of Kern County. The court may take notice of facts that are capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. Fed.R.Evid. 201(b); United States v. Bernal Obeso, 989 F.2d 331, 333 (9th Cir.1993). Facts subject to judicial notice may be considered by a court on a motion to dismiss. In re Russell, 76 F.3d 242, 244 (9th Cir.1996). Applying Federal Rule of Evidence 201(b), federal courts routinely take judicial notice of facts contained in publically recorded documents, including Deeds of Trust, Substitutions of Trustee, and Notices of Default because they are matters of public record, and are not reasonably in dispute. See, e.g., Lee v. City of Los Angeles, 250 F.3d 668, 689 (9th Cir.2001) (quoting MGIC Indem. Corp. v. Weisman, 803 F.2d 500, 504 (9th Cir.1986)); Lingad v. IndyMac Fed. Bank, 682 F.Supp.2d 1142, 1146 (E.D.Cal.2010). Because the documents for which Defendants request judicial notice are documents whose accuracy cannot be questioned and that are of the type for which judicial notice is commonly granted, Defendants' request for judicial notice will be granted. The court notes Plaintiff has not objected to Defendant's request for judicial notice.
This action arises out of Defendant's efforts to collect payments allegedly owing on a mortgage secured by property located in Kern County, California. The FAC alleges Plaintiff took out a mortgage loan from Bank of America, N.A. in the amount of $106,000.00 secured by property in Tehachapi, California (the "Mortgage"). A notice of default on the Mortgage and election to sell was filed on or about October 20, 2011. The mortgage was assigned to Defendant on or about July 12, 2012. Defendant provided notice of the assignment to Plaintiff and informed Plaintiff that Defendant would be the servicer of the mortgage. Sometime after the notice of default was filed but before the deed of trust was assigned to Defendant, Plaintiff commenced a lawsuit in the Superior Court of Kern County against Bank of America, N.A. That suit was amended following the assignment of the deed of trust to include Nationstar Mortgage as cross-claim co-defendant.
*2 Plaintiff's first claim for relief alleges multiple violations of the FDCPA as follows:
i. By Placing a collection call at 6:58 A.M. which is other than between 8:00 A.M. and 9:00 P.M., violating [15 U.S.C.] § 1692c(a) (1);
ii. By Does placing 20 calls after receiving cease and desist telephone contact notice from debtor, violating § 1692c(c);
iii. By failing to send written information within 5 days of initial telephone contact, violating § 1692g(a);
iv. By various Does repeatedly placing calls, continually trying to engage in Plaintiff in [sic] conversation or leave repeated messages with intent to annoy or harass, violating § 1692d(5);
v. By misrepresenting the amount of the alleged debt, violating § 1692e(2)(A), evidence to be presented at trial;
vi. By Doe failing to communicate to two separate [credit reporting agencies] derogatory credit information without also reporting that the alleged debt is disputed by consumer, violating § 1692e(8);
vii. By using unfair or unconscionable means in attempting to collect any debt, violating § 1692f, just by the sheer number of herein listed violations.
Doc. # 10 at 13:10–14:4.
Similarly, Plaintiff's second claim for relief alleges a number of violations of California's RFDCPA as follows:
(i) By failing to send written notification within 5 days of initial telephone contact pursuant to [Cal. Civ.Code] § 1812.700(c);
(ii) By failing to include Debtors Notice of Rights on first notice as required pursuant to § 1812.700(b);
(iii) By failing to include Debtors Notice of Rights on any subsequent debt collection notices as required under RFDCPA § 1812.700(a);
(iv) By placing a collection call at 6:54 A.M., which is other than between 8 A.M. and 9 P.M. pursuant to RFDCPA § 1812.700 Debtors Notice of Rights;
(v) By placing calls for which Plaintiff was charged for calls [sic] violating RFDCPA § 1788.11(c);
(vi) By Does calling with [sic] Plaintiff with such frequency as to constitute harassment violation RFDCPA § 1788.11(e).
Doc. # 10 at 14:21–15:14. With regard to both the first and second claims for relief, Plaintiff alleges the calls complained of were "auto dialer" calls and were made primarily for the purpose of "soliciting Plaintiff to apply for a loan modification," as opposed to being for the purpose of debt collection.
Plaintiff's FAC alleges that Defendant violated the TCPA by using an "auto dialer" "to place non-emergency calls to Plaintiff's phone for which the called party is charged a fee, violating [47 U.S .C.] § 227(b)(1)(A)(iii) at least 37 times out of the 42 calls, between May 22, 2012, and July 17, 2012. While only the calls from May 22 through June 11, 2012, were for collection purposes with the remaining for solicitation purposes, the calls are still a violation of this section." Doc. # 10 at 16:22–17:1.
Defendant's motion to dismiss was filed on November 15, 2013, along with Defendant's initial request for judicial notice. Plaintiff's opposition was filed on December 15, 2013. Defendant's reply and supplemental request for judicial notice were filed on December 9, 2013. The matter was taken under submission without oral argument as of December 16, 2013.
*3 A motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure can be based on the failure to allege a cognizable legal theory or the failure to allege sufficient facts under a cognizable legal theory. Robertson v. Dean Witter Reynolds, Inc., 749 F.2d 530, 533–34 (9th Cir.1984). To withstand a motion to dismiss pursuant to Rule 12(b)(6), a complaint must set forth factual allegations sufficient "to raise a right to relief above the speculative level." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ( "Twombly" ). While a court considering a motion to dismiss must accept as true the allegations of the complaint in question, Hospital Bldg. Co. v. Rex Hospital Trustees, 425 U.S. 738, 740, 96 S.Ct. 1848, 48 L.Ed.2d 338 (1976), and must construe the pleading in the light most favorable to the party opposing the motion, and resolve factual disputes in the pleader's favor, Jenkins v. McKeit hen, 395 U.S. 411, 421, 89 S.Ct. 1843, 23 L.Ed.2d 404, reh'g denied, 396 U.S. 869, 90 S.Ct. 35, 24 L.Ed.2d 123 (1969), the allegations must be factual in nature. See Twombly, 550 U.S. at 555 ("a plaintiff's obligation to provide the grounds' of his entitlement to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do"). The pleading standard set by Rule 8 of the Federal Rules of Civil Procedure "does not require detailed factual allegations,' but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) ( "Iqbal" ).
The Ninth Circuit follows the methodological approach set forth in Iqbal for the assessment of a plaintiff's complaint:
"[A] court considering a motion to dismiss can choose to begin by identifying pleadings that, because they are no more than conclusions, are not entitled to the assumption of truth. While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations. When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief."
Moss v. U.S. Secret Service, 572 F.3d 962, 970 (9th Cir.2009) (quoting Iqbal, 129 S.Ct. at 1950).
At the outset, it is important to note that although Defendant's motion is captioned as a motion to dismiss Plaintiff's FAC, the arguments set forth in the motion address only Plaintiffs claims for "Obligation of Fees Due Plaintiff" and the claim for violation of the FCRA, both of which have been dismissed with prejudice in the Magistrate Judge's screening order, and Plaintiff's claim for violation of the TCPA. Defendant's motion to dismiss does not address Plaintiff's claims under the FDCPA or under the RFDCPA. As a result, this order addresses only Defendant's motion to dismiss Plaintiff's fourth claim for relief pursuant to the Telephone Consumers Protection Act, 47 U.S.C. § 277 et seq.
Defendant interprets Plaintiff's fourth claim for relief to allege two discernible claims under the TCPA. The court accepts Defendant's interpretation of Plaintiff's FAC. The first of the two claims alleges violation of 47 U.S.C. § 227(b)(1)(A)(iii), which prohibits "any call (other than a call made for emergency purposes or made with the prior express consent of the called party ) using any automatic telephone dialing system or an artificial or prerecorded voice—to [ ... ] any service for which the called party is charged for the call." Id. (italics added). The other claim alleges that violated section 277(b)(1)(B), which prohibits telephone calls to "any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party...." Id. (italics added). Defendant moves to dismiss Plaintiff's fourth claim for relief on the ground that the calls make by Defendant to Plaintiff were exempt from the restrictions imposed by section 227(b). Based on the court's review of applicable case authority, Defendant is correct.
*4 Subsection 227(b) (2) of the TCPA empowers the Federal Communications Commission ("FCC") to make regulations "to implement the requirements of this subsection." In 2008 the FCC issued a ruling in In re Rules & Regs Implementing the Tel. Consumer Prot. Act of 1991, 23 C.F.R. 599 ¶ 1 (2007) the FCC clarified the term "prior express consent" by holding that "autodialed and prerecorded message calls to wireless numbers that are provided by the called party to accreditor in connection with an existing debt are permissible as calls made with the prior express consent' of the called party." Id. Courts of this circuit have recognized that the FCC's pronouncement constitutes rulemaking within the meaning of the TCPA and immune from challenge in federal district court pursuant to the Hobbs Act, 28 U.S.C. § 2342, "which gives the federal courts of appeal exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of ... all final orders of the Federal Communications Commission made reviewable by section 402(a) of title 47." Leckler v. Cashcall, Inc., 2008 WL 5000528 (N.D.Cal.2008) at *2 (internal citation and quotes omitted). Thus, the exemption of calls from a creditor to a debtor from the restrictions of the TCPA is based not on the nature of the call—whether an effort to collect a debt or solicitation—but on the deemed specific consent of the called to receive such calls having provided the caller with the cell phone contact number.
It is the general rule that, "where a valid assignment of a mortgage has been consummated with proper consideration, the assignee is vested with all the powers and rights of the assignor." Mort v. United States, 86 F.3d 890, 894 (1996). Plaintiff's FAC alleges that, at the time of the filing of this action, the validity of the assignment of Plaintiff's mortgage to Defendant was being challenged in state court. However, Plaintiff's FAC contains no facts upon which the court could find that the assignment was invalid and, even if such facts had been alleged the contention is undercut by the judicially noticed decision of the Superior Court granting demurrer on Plaintiff's claim that the assignment was fraudulent. See, generally, 'Defendants Supplemental Request for Judicial Notice, Doc. # 25 at pages 6 and 19. The facts of this case do not provide any basis for concluding that Plaintiff's fourth claim for relief for violation of the TCPA can be sustained in light of FCC's interpretation the term of "prior express consent." Plaintiff admits there was a debt and it may be inferred that Plaintiff provided contact information to the original loan servicer. Absent proof sufficient to show that subsequent assignments of the mortgage were somehow invalid, Plaintiff cannot state a claim against Defendant for violation of the TCPA.
Plaintiff's fourth claim for relief will therefore be dismissed. Courts in this circuit have consistently held that "borrowers who were not parties to the assignment of their deed-and whose rights were not affected by it-lacked standing to challenge the assignment's validity because they had not alleged a concrete and particularized injury that is fairly traceable to the challenged assignment." Marques v. Fed. Home Loan Mortg. Corp., No. 12–cv–1873–IEG, 2012 WL 6091412, at *4 (S.D.Cal.Dec.6, 2012). Given Plaintiff's lack of success to claim otherwise in state court and this court's consistent rejection of borrowers' claim of invalidity of assignment of their mortgages, the court concludes Plaintiff's fourth claim for relief cannot be corrected by amendment.
*5 THEREFORE, it is hereby ordered that Defendant's motion to dismiss Plaintiff's fourth claim for relief is GRANTED. Plaintiff's fourth claim for relief is DISMISSED with prejudice.
Moriarity v. Nationstar Mortg., LLC
Slip Copy, 2014 WL 801021 (E.D.Cal.)
Moriarity v. Nationstar Mortg., LLC, ED Calif.
Can You Bring Your Case Against a Defendant in a Particular Court? Do You Have Jurisdiction Over the "Person" of the Defendant? Is Venue Proper?
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Moriarity v. Nationstar Mortg., LLC, ED Calif.
Postby Administrator » Tue Sep 16, 2014 11:34 am
David A. Szwak
Bodenheimer, Jones & Szwak, LLC
416 Travis Street, Suite 1404, Mid South Tower
Shreveport, Louisiana 71101
318-424-1400 / Fax 221-6555
President, Bossier Little League
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak, LLC
416 Travis Street, Suite 1404, Mid South Tower
Shreveport, Louisiana 71101
318-424-1400 / Fax 221-6555
President, Bossier Little League
Chairman, Consumer Protection Section, Louisiana State Bar Association
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Today I'm going to talk about two entirely disparate comic books. Mostly I want to recommend this lovely new book Level Up, by Gene Yang and Thien Pham, but before I get to that, here is something interesting.
On the left is an image from the upcoming new Action Comics, with lovely art by Ralph "Rags" Morales. Center and on the right are two completely random Tom of Finland drawing from a couple of decades ago or so. Do a search on his name, nearly everything he does looks quite similar to this Superman drawing, (i.e. skin tight t-shirt stretched over a sculpted torso, artfully damaged jeans over rugged black boots and sexily arching back.) I am aware that men are increasingly being depicted this way, in comics, fashion and movies too, this is the norm. In the future I think that people will recognize this era as a time when the objectification of the male physique went from being an aspect of a marginal, underground sex scene and moved aggressively into the mainstream. It is kind of fun to watch what was once the provenance of something dirty, becoming openly available to everyone.
Anyway, onto my reading recommendation (and it is pretty much as far away from DC's saucy Superman as you can imagine.)
This week I read a comic book that made me cry, a lot. I mean that in a good way, it touched me, not that it was depressing. Level Up the new comic book written by Gene Yang (author of the award winning American Born Chinese) with art by Thien Pham.
A few months ago I read a preview of the first few pages of Level Up which got me entirely hooked. I'm giving you the link, so that will probably say more than I can with my recommendation, but I do want you to know that after the preview, the story continues to unfold and develop beautifully.
I rarely read reviews because I'm so wary of spoilers, so I'll do my best not to recap the actual story so that I don't spoil it for you. Since I read the book I've seen a few reviews, and I noticed that some reviewers compare Level Up to Scott Pilgrim. I would have to point out that this is not at all true. In fact, it would have put me off of reading it if I had read those reviews first. In fact it is very different, the only similarity is that there are games referenced in both, a very superficial similarity in my opinion. Yes, there is some link between life and playing games for the main characters, but if anything it has more in common with the raw content of Josh Richardson's mini-comic Intervention: Entertainment System which (albeit a much smaller book) also uses the metaphor of games to talk about some wrenching, painful issues.
This is a comic book about a young man as he goes through some pivotal points in his life, making key decisions that will affect him for the rest of his life. Struggling with loss, friends, career choices and parental expectations, filled with metaphor and rich, primitive imagery leading us through the protagonist's tumultuous journey. The very down-to-earth reactions of the people around him serve to reinforce the strangely symbolic emotional moments as he moves past the need to rebel against expectations, to find out what he actually wants from his life for himself.
While the book is an elegantly designed object, Thien Pham's art has a charming childlike quality which compliments the sparse and subtle writing of Yang. It is this deceptively simple style which makes it all that much more relatable. In classic Scott McCloud fashion, there is so little detail that it is easier to project one's own personality onto the characters and situations. The simple art gives the story punch, making it feel more personal and intimately human. Pham's art and layout feels guilessly beautiful freeing up the whole, allowing the parts of the story that are clearly outside of reality to feel oddly substantial.
It is a particularly satisfying comic book to own or reread and loan to friends. Yesterday one of my friends was talking about buying copies of some of the new DC #1's to pass on to his kids to read. I'm all for propagating our love of superhero lore, but I would definitely want this in the library too. This is the kind of book that I would have really appreciated reading when I was growing up.


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Many purists do not consider a Tube Type Waterbed a true Waterbed rather they consider it a hybrid waterbed. This is the beginning of our two part blog that highlights the ten things we consider to be the biggest problems with this type of water bed.
- Tube Beds do not feel like a deep fill waterbed.
It does not form to the body the way waterbeds that are 7 inches or deeper do. Deep fill waterbeds are much better at relieving pressure points on the body and decreasing tossing and turning than tube beds.
- Softsided systems like the tube bed are usually too firm for most waterbed lovers.
They can feel as firm as a regular spring mattress, not providing the same head to toe full body support as a waterbed.
- Tube type waterbeds usually are not heated.
Adjustable heat is the one thing most waterbed owners want yet many tube beds don't have them. Most tube type waterbeds are designed with a thicker top cover to insulate and eliminate the need for a heater. If a heater is used it must be a low watt heater to keep the bed from overheating or even possibly burning out.
- Trying to find where the leak is located.
With 8 tubes in a Queen mattress and 10 in a King mattress, each must be examined very closely. Many times it is one of the 8 or 10 cap and plugs that can leak and they must be replaced. If the leak is found in the vinyl of the tube, we recommend replacing the tube. Repairing in tubes can be tricky because leaks are usually in high stress areas due to their design. It is common for them to fail around a seam or the valve making it nearly impossible for a patch to stick and contain water.
- Tubes / cylinders are awkward and hard to fill.
Tubes are usually filled in an area close to a water source and then carried into the bedroom and placed in the bed. Each tube should be filled to the same level. This means holding the 60 to 100 lb. tube erect which is very heavy and very awkward and filling to the fill mark on the tube itself. This is contrary to the sales pitch many sales associate provide suggesting that they are easy to fill, drain, and move. These same people usually have never installed one in a customer's house much less attempted to fill and get the water level precisely the same so comfort is not affected..
- Lack of core support from the multiple water mattresses
Look at the fingers on your hand and tightly pull them together. This is basically a simplified demonstration of the core support in a tube bed. The gaps in your fingers are no different from the gaps in the tubes that are lacking to properly support the sleeper. Over filled tubes exaggerate the problem and layers of foam in the cover disguise the problem.
- Top covers can and do break down quickly.
One of the most common problems next to tube failure in these water log designed beds is that the cover of the mattress breaks down. Mattress covers are over filled with materials to insulate sleepers from what is usually considered a non heated waterbed. They usually have 4" or more of padding and foam and frequently breakdown and compress much like a fluffy pillow top mattress not to mention these top covers are not standardized or cheap to replace.
- Finding the right size replacement tubes can be tricky.
Tubes are not standard in length and must be the correct length or they will rupture at the end seams of the bed. Some tubes are round while others are more squared off. Always take the old tube with you when you are shopping for a replacement tube to make sure you're replacing it with a proper replacement..
- Baffled or fiber filled tubes can be very hard to drain.
This baffling is usually an open cell foam. This foam acts like a giant sponge making them hard to extract the water from. If the baffled tubes are not handled carefully the foam can be torn. It can also shift out of its correct position or get balled up inside the tube. These tubes can cost up to 50% more than a free slow tube to replace.
- Free flow tubes don't have a very long life expectancy.
These cylinders have a tendency to give the bed a bucking motion. The water races the length of these tubes when pressure is exerted on the opposite end, which stresses the end seams and can cause a seam failure.
Somma is probably the most recognizable brand name of tube beds sold. Don't get us wrong many people have enjoyed these beds over the years, however our 24 plus years of handling their service issues is the reason we are not big fans of their design. At STL Beds we have limited our sales of them and even removed them from our showroom floor. Their high failure rate, lack of support, durability and the fact that they feel nothing like a true waterbed puts them at the bottom of our recommendation list. Our suggestion is to consider a true deep fill softside waterbed. If your response is that tube waterbeds don't feel like a waterbed then I think you can see why we believe the tube bed is a hybrid bed with a lot of troublesome issues making nearly any other mattress a better option.


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It's good to plan for Lent. It's good to think about what you really need to work on spiritually. Are you lagging in your prayer life? Has it been a while since you've done any reading for your soul? Are you spending too much time away from your family due to a hobby or work?
Remember, Lent isn't about losing weight or simply trying to rid yourself of a bad habit. Lent is a call to convert (which is never a one time deal, but a lifelong quest for God), and conversion means that we stop in our tracks and assess where we are in relationship to where we want to be, and where God is calling us to be. Where we want to be (presumably) is in good standing with God, our souls bright, our will in union with His. Lent offers us the chance to check ourselves: are we on- or off-track? Where do we need to adjust? What needs to change? What do we need to add, and what do we need to get rid of?
Start thinking about Lent.


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Phil And Teds Lobster Claw High Chair – Searching for a higher chair should not be a difficult task. On the other hand, with the great number of makes, types, and varieties of baby chairs available these days, purchasing this simple little bit of baby gear has turned into a stumbling point for most new parents. Some tips about what you must know about today's high chairs, from the simple to the extravagant. There are plenty of points to consider when looking to buy a chair for your baby. Look at the following aspects of the chair you are considering before making a purchase: safeness, age range, size, adjustability, ease of cleaning, and other additional features.
Of all importance, is that of safeness. Has this baby chair been recalled? If so, for what reason? And did the ongoing company correct the situation and/or make improvements? Does it seem to be sturdy? These relevant questions may be clear to some, but there currently are no safety rules that high chair makers are required to follow, so it is really up to the customer to do their research. Consider also this range the high chair accommodates. If you are buying a high chair that may suit your baby, however the chair you are considering does not recline, keep looking then. Many baby chairs nowadays recline to permit even a child to safely and perfectly sit with all of those other family at the dinner table.
Some chairs are made to convert right into a booster chair and then even right into a regular chair sturdy enough for an adult! As you will get the most mileage out of these types of chairs, you will likely pay the most money for them also. If size, or lack thereof, is of importance to you, ensure that your baby's high chair can either collapse to get stowed away or is not too large and bulky, to get started with. High chairs may not seem to be big in the retail outlet when you're looking at rows and rows of them together, but get it home and it could seem to consume your kitchen! This is a long-standing up fixture in your own home, so make sure it is the one you want.
On the set of considerations are adjustability next, ease of cleaning, and any other additional features you might or may not want. Adjustability is crucial if you are buying a high chair that may seat a child and therefore must adequately recline. This characteristic may also be of fascination for you if you are buying a chair that may raise or lower so that your little one will get at the same height as your desk. This generally is not a major element in purchasing a high chair unless you anticipate removing the tray, pushing the chair up to the desk, and using it as a booster chair for your older preschooler or toddler.
Ease of cleaning (or lack thereof) is perhaps a single of the most important aspects to consider in a high chair. This one little bit of baby equipment shall be subjected to spills, drips, stickiness, crumbs, and messes as if you imagined never! Make sure you will be able to and thoroughly clean it after each use easily! Although the really fabric chair may better match your kitchen decor, if it needs hand-washing and line-drying, opt for the chair with the vinyl chair cover that one could simply wipe down without considering twice!


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Animal Laughter: Do Pets Have a Sense of Humor?
Chances are, if you have pets, you have witnessed a time when you can see their sense of humor come out. When your dog brings you their toy over and over, or when your cat sits on your computer as you furiously work on a deadline and you can see their sardonic side shine through. But do animals really have a sense of humor? The Pet Experts at Springbrook Animal Care Center went looking for answers, and we're bringing you what we found, here.
Animal Laughter
Fascinating research has shown that animals do laugh. The evolution of human emotional expression has been studied in chimpanzees and other great apes, and it was found that vocalizations made by them during social interaction and play have key similarities to human laughter. They use these sounds – panting noises, mostly, to indicate to their social group that they are, in fact, playing and not fighting.
In another interesting study, psychology researchers Jack Panksepp and Jeffrey Burgdorf found that rats make high pitched chirping sounds when playing and interacting. They wanted to know why the rats emitted these noises, so they starting tickling them! What they found is that when tickled, the rats again made the high pitched chirping sounds – rat laughter. The rats even chased the researchers fingers for more tickles.
Do Pets Have a Sense of Humor?
Scientists are gradually coming to acknowledge that animals have emotions, so it's not a giant leap to believe that animals have a sense of humor., too How do our pets show their sense of humor? Here are a few things we've noticed…
They smile and laugh – A big, toothy grin, chuffy panting, grunting and sparkling eyes can easily be seen as doggy laughter. What's more, a Michigan State University study reported that recordings of dog laughter played back to dogs in a stressful shelter environment calmed them and increased their confidence to interact with shelter staff and other shelter animals.
They play hide and keep away – Is this one of your dog's favorite games? Tell us that's not proof of a sense of humor!
They show delight, amusement, and glee – Dogs love to dance, play, and wag their tails happily, sending the message
They talk to us – A Brigham Young University study concluded that babies under 6 months of age can understand dog vocalizations. It's no joke that babies sometimes find dogs hilarious, confirming that dogs have a sense of humor and say funny things when talking to them.
They bring us gifts – Dogs may amuse us, but cats use humor to amuse themselves. When your cat brings you a dead "gift" and drops it at your feet, it feels like they are getting the last laugh at your expense!
They have perfect timing – Birds, especially large parrots, are exceptional mimics. When they deliver some choice words to us, and then laugh at us at the exact perfect moment, it seems that they are truly masters of the one-liner. Birds are also great dancers – another way they show their sense of humor.
We may never know for sure if animals laugh or if they truly have a sense of humor, but our pets make us laugh on a regular basis and bring joy and humor to our lives – and that's no laughing matter! Does your pet have a sense of humor? Give your Pet Experts a call to let us know!
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A Parking Concession That Works!
Two years ago, the idea of "concessioning" parking at The Ohio State University (OSU) was under discussion. As head of its parking operations at the time, the concept of taking a university parking system and turning it over to a private company to operate in a manner that was "equal or better" was something I was convinced could not be... more


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- pickthank
- A sycophant or yes-man
Grandiloquent dictionary. 2006.
Look at other dictionaries:
Pickthank — Pick thank , n. One who strives to put another under obligation; an officious person; hence, a flatterer. Used also adjectively. [1913 Webster] Smiling pickthanks, and base newsmongers. Shak. [1913 Webster] … The Collaborative International Dictionary of English
pickthank — noun Etymology: from pick a thank to seek someone s favor Date: 15th century archaic sycophant … New Collegiate Dictionary
pickthank — /pik thangk /, n. Archaic. a person who seeks favor by flattery or gossip; sycophant. [1490 1500; n. use of v. phrase pick a thank, pick thanks] * * * … Universalium
pickthank — noun A sycophant, a yes man … Wiktionary
pickthank — n. Parasite, flatterer, toady, pleaseman … New dictionary of synonyms
pickthank — ˈ ̷ ̷ˌ ̷ ̷ noun Etymology: from the phrase pick a thank "to seek someone s favor" archaic : one who tries to curry favor by flattery, sycophancy, or talebearing smiling pickthanks and base newsmongers Shakespeare … Useful english dictionary
Pleaseman — Please man, n. An officious person who courts favor servilely; a pickthank. [Obs.] Shak. [1913 Webster] … The Collaborative International Dictionary of English
The Pilgrim's Progress — For the Kula Shaker album, see Pilgrims Progress (album). The Pilgrim s Progress … Wikipedia
The Pilgrim's Progress (opera) — The Pilgrim s Progress is an opera by Ralph Vaughan Williams, based on John Bunyan s allegory The Pilgrim s Progress . The composer himself described the work as a Morality rather than an opera, while nonetheless he intended the work to be… … Wikipedia
Activity — (Roget s Thesaurus) < N PARAG:Activity >N GRP: N 1 Sgm: N 1 activity activity Sgm: N 1 briskness briskness liveliness &c. >Adj. Sgm: N 1 animation animation life vivacity spirit dash energy … English dictionary for students


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- "Margin of Safety," the out-of-print book written by the hedge fund billionaire Seth Klarman, was available for a few days on Amazon Kindle for $9.99.
- It was taken down Tuesday. According to The Baupost Group, the electronic copy was posted without authorization.
- New hard copies sell for as much as $1,000.
- The book is considered a bible of value investing.
One of the most prized books on Wall Street, which usually costs thousands of dollars, was briefly available to the masses for a fraction of the price.
An Amazon Kindle copy of "Margin of Safety," written by the billionaire value investor and hedge fund manager Seth Klarman, sold for a few days for $9.99. But according to The Baupost Group, Klarman's firm, the copy was unauthorized, Fortune reported.
The book, which is out of print, became a collector's item on Wall Street because of its rarity and price. The cheapest hardcover copy on Amazon cost $521.91 as of Tuesday afternoon.
Bloomberg earlier reported that the Kindle copy became available on Amazon on Friday. It quickly rose to fourth place on the Business & Money charts.
The book, first published in 1991, is considered a bible for value investors, who include the likes of Klarman and Berkshire Hathaway CEO Warren Buffett. It explains the philosophy behind identifying undervalued stocks and includes Klarman's own investing failures along the way.
Klarman is founder of The Baupost Group, a $30 billion hedge fund known for its secrecy. The fund's website has very little information, and its client letters rarely get circulated widely. Klarman's most recent year-end letter, obtained by Business Insider in January, warned that the global political climate posed a serious threat to democracy and international markets.


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Is your patio door hard to open and close? Does the screen constantly jump the track or get jammed? It may be time to get a new "smooth operator" patio door from J & J.
Many builder-grade patio doors are not constructed to handle heavy deck or backyard traffic. J & J can replace your original door with one that is beautiful, durable and maintenance-free.