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Joint Procedure Committee
January 26, 2006
Rule 7, N.D.R.Crim.P., The Indictment and the Information 3
Rule 46, N.D.R.Crim.P., Release from Custody 3
Rule 32.2, N.D.R.Crim.P., Forfeiture 5
Rule 44, N.D.R.Crim.P., Right to and Appointment of Counsel 7
Rule 32, N.D.R.Crim.P., Sentencing and Judgment 9
Rule 29, N.D.R.Crim.P., Motion for a Judgment of Acquittal; Rule 33, N.D.R.Crim.P., New Trial; Rule 34, N.D.R.Crim.P., Arresting Judgment 10
Rule 6, N.D.R.Crim.P., Time; Rule 45, N.D.R.Crim.P., Computing and Extending Time 11
Rule 27, N.D.R.Crim.P., Depositions Before Action or Pending Appeal 12
Rule 3.2, N.D.R.Ct., Motions 12
Rule 8.4, N.D.R.Ct., Summons in Action for Divorce or Separation 13
Rule 10.2, N.D.R.Ct., Small Claims Court 13
The meeting was called to order at 1:00 p.m., on January 26, 2006, by the Chair, Justice Dale Sandstrom.
Justice Dale V. Sandstrom, Chair
Honorable Georgia Dawson
Honorable Donovan Foughty
Honorable M. Richard Geiger
Honorable Gail Hagerty
Honorable Debbie Kleven
Honorable David W. Nelson
Honorable Allan L. Schmalenberger
Honorable Mikal Simonson
Mr. John C. Kapsner
-2-Mr. Daniel S. Kuntz
Honorable Thomas J. Schneider
Ms. Jeanne L. McLean
Mike Hagburg
Kim Hoge
The Chair discussed the schedule for the meeting and reviewed the schedule for future meetings.
The Chair informed the Committee that the Supreme Court had been discussing term limits for members of all committees. A member suggested that if term limits were imposed for the Committee, it would be better if the term limits did not apply to the attorney members but only to the judge members. The member said that the attorney members who had been on the Committee for a number of years seemed to have a real sense of history about the what the Committee has done.
On another topic, a member asked whether it would be possible for the meeting materials to be distributed to Committee members by e-mail. The member said that this would save the cost of mailing and provide members a convenient opportunity to respond by e-mail about whether they were planning to attend the meeting. An informal poll of the Committee suggested that a majority of the Committee would support e-mail distribution of meeting materials.
Judge Hagerty MOVED to approve the minutes. Ms. Schmitz seconded. Motion CARRIED unanimously.
Staff reported that the Supreme Court had approved the Committee's proposed rule amendments with a limited number of changes. Staff informed the Committee that the amendments will become effective on March 1, 2006.
RULE 7, N.D.R.Crim.P. - THE INDICTMENT AND THE INFORMATION (PAGES 40-57 OF THE AGENDA MATERIAL)
Staff explained that the Supreme Court had suggested an amendment to Rule 7 and requested that the Committee discuss the proposal.
Mr. Kapsner MOVED to approve the amendments to Rule 7. Judge Simonson seconded.
Mr. Kapsner's motion to add the rule, as amended, to the annual rules package CARRIED unanimously.
RULE 46, N.D.R.Crim.P. - RELEASE FROM CUSTODY (PAGES 58-86 OF THE AGENDA MATERIAL)
Staff explained that the Governor's Task Force on Violent and Sexual Offenders had proposed an amendment to Rule 46 that would require detention hearings in certain cases. Staff informed the Committee that Judge McCullough had also submitted a comment relevant to pretrial detention under Rule 46.
Ms. Moore MOVED to approve the amendments to Rule 46. Ms. Schmitz seconded.
A member asked why the term "person" was used in the rule instead of "defendant." Staff explained that this reflected the federal form and was likely because a material witness could also be put in pretrial detention under the rule.
A member indicated support for Judge McCullough's position. The member said the language of the state constitution requires that bail be made available for non-capital offenses. The member said if the task force wants Rule 46 changed they need to amend the state constitution first.
A member indicated that the language of the proposed amendment could be modified to possibly make it constitutional. The member suggested deletion of proposed language
requiring a magistrate to order pretrial detention. Another member suggested that the "musts" in the proposed amendment could be changed to "mays."
A member observed that the first part of the proposed amendment suggested that a detention hearing would only be held on a prosecutor's motion, but the second part of the proposal said a detention hearing must be held "immediately on the person's initial appearance." The member said these provisions did not mesh well together, because of the implication that a magistrate had to act on holding a detention hearing even if the prosecutor did not bring a motion.
A member said that the constitution would require bail to be set even if a magistrate determined under the proposal that no combination of conditions would reasonably assure the safety of the community if the person was released. A member responded that a very high bail amount could be set in such a case.
A member said that the procedure described in the first part of the proposal was similar to a regular bail hearing. The member said the last part of the proposal, requiring detention under certain circumstances, was the part that created problems. The member said that the constitution did not allow detention without the possibility of bail except in capital cases.
A member suggested that a problem the proposed amendment would address were situations where a person is charged with a misdemeanor and can bond out without a court appearance, even though the misdemeanor is a crime of violence. The member said that requiring such persons to appear for a detention hearing might provide additional protection for the community. A member responded that hearings were already required for persons charged with crimes involving domestic violence. A member added that some districts already have policies requiring court appearances when any crime of violence is charged.
A member said the procedure described in the proposed amendment would likely only be useful in the uncommon and unusual case.
A member explained that the federal law on which the proposed amendment was based provides for pretrial detention under limited circumstances. The member said that the federal procedure had been held constitutional. Members commented that the bail provision in the federal constitution was different than the state constitution's bail provision.
A member said that the proposal would be constitutional if it was limited to capital cases. A member asked for a definition of "capital cases." Several members responded that these were cases where capital punishment was an option, and that capital punishment has
not been an option in North Dakota for more than thirty years.
A member asked whether the provision could be interpreted as applying to types of cases for which capital punishment was an option at the time the state constitution was implemented. A member said that at the time of statehood murder and perhaps treason were offenses for which capital punishment was an option. A member said pretrial detention could be constitutional when such offenses are charged.
A member asked what tool could be used to keep potentially dangerous offenders locked up before trial if pretrial detention is not constitutional in most cases. Members responded that high bail could be imposed and that setting high bail in cases involving potentially dangerous offenders is completely reasonable.
A member asked whether the proposal was in response to a specific case where a North Dakota judge had released a person pre-trial and something negative had happened. A member responded that the proposal seemed to be in response to national problems rather than to any North Dakota case.
A member said that the proposal seemed to be a response to the Rodriguez case. The member commented that if the governor's task force believes that a substantive change in pretrial detention practice is required in North Dakota, it should propose a constitutional amendment.
A member said that a "capital crime" in modern North Dakota would be a AA felony. The member also pointed out that, under the proposal, pretrial detention is not mandatory unless the magistrate finds that no release conditions would assure the appearance of the person and the safety of the community.
Ms. Moore's motion to add the rule, as amended, to the annual rules package FAILED on a unanimous vote.
RULE 32.2, N.D.R.Crim.P. - FORFEITURE (PAGES 87-131 OF THE AGENDA MATERIAL)
Staff explained that Justice Maring had requested the Committee to consider adoption of a criminal forfeiture rule based on the federal model.
Judge Dawson MOVED to approve the proposal to adopt Rule 32.2. Judge Kleven seconded.
A member said a procedural rule on forfeitures would but helpful, but that provisions in the forfeiture statutes would need to be changed before such a rule would be possible. The member said adopting a rule before necessary statutory changes were made would be putting the cart before the horse.
A member observed that, under the statute, a forfeiture proceeding was a civil proceeding and a criminal conviction was not required before a forfeiture could take place. The member asked whether this meant that the burden of proof in forfeiture matters was preponderance of the evidence. A member responded that, under North Dakota law, the prosecution needs to show only probable cause for forfeiture and this causes a burden shift to the property owner to show by a preponderance of the evidence that the property is not forfeitable.
A member asked whether the burden shifting calculation would confuse the jury in a criminal prosecution. A member responded that the judge would make all decisions about forfeiture.
A member said that the proposed rule was too much at odds with the existing statutes on forfeiture. A member suggested that the question of whether an action should be a civil action or a criminal action was a question the courts could answer through a rule. A member said that a rule of procedure could supersede a procedural statute. A member said that the forfeiture statutes were substantive, not procedural.
A member commented that having a rule like the one proposed would be a good idea. The member suggested that the legislature look at the issue and give the courts the authority to make such a rule.
A member asked for an explanation of how a forfeiture action works. The member asked whether there would be a criminal prosecution and then a separate civil action to forfeit property. The member asked why a criminal procedure rule would be necessary to guide forfeiture actions when these should be conducted under the Rules of Civil Procedure. The member said that, unless the legislature changes its approach to forfeitures, the Committee should not approve a forfeiture rule.
A member said it would make sense to have the same judge who sits on the criminal case decide the related forfeiture case. The member said that a rule allowing consolidation of a criminal action with a civil proceeding would allow the same judge to decide both. A member said such a hybrid action would be confusing for the jury. A member responded that the judge would decide the (civil) forfeiture action while the jury decided the criminal case.
A member commented that adopting the rule proposal would create confusion instead of economy. The member said bringing together the forfeiture action with the criminal trial would muddy both proceedings. A member reminded the Committee that there is no need for criminal charges to be brought against anyone before a forfeiture action may be brought and property forfeited.
A member asked whether the timeliness requirement, set out in statute and developed by the Supreme Court in case law, would still apply if the rule was adopted. A member said that there was nothing in the case law that suggested any problems with the statutory scheme that the proposed rule could solve.
Staff commented that the proposed rule was based on the federal rule, but that the federal rule contained provisions that went far beyond what North Dakota's forfeiture statutes seemed to allow. Staff said that the proposed rule did not contain these provisions and, therefore, was something of a watered down product.
A member said that the rule dealt with substantive issues that properly belong to the legislature and should not be approved.
A member said that one advantage of having forfeiture proceedings fall under the civil procedure rules was that third parties who might have an interest in the property would more easily be able to involve themselves in the action. A member said it was also an advantage for the defendant to be able to defend against a forfeiture action in a separate civil action because the defendant would not have to give up self-incrimination rights in the criminal action in order to defend against the forfeiture.
A member commented that any judicial economy created by allowing simultaneous forfeiture actions and criminal prosecutions was lost if third parties claimed an interest in the property because this would require ancillary proceeding.
Judge Dawson's motion to add the proposed new rule to the annual rules package FAILED on a unanimous vote.
RULE 44, N.D.R.Crim.P. - RIGHT TO AND APPOINTMENT OF COUNSEL (PAGES 132-136 OF THE AGENDA MATERIAL)
Staff explained that, because the courts were no longer involved in appointing counsel for indigents, amendments to Rule 44 were needed.
Judge Geiger MOVED to approve the amendments to Rule 44. Mr. Sturdevant
Without objection, "2005"on lines 50 and 56 of the proposal was replaced with "2006."
A member asked about the provision of the rule allowing appointment of counsel for non-indigent defendants. A member explained that sometimes defendants cannot find an attorney to take their case. The defendant can then come to the court and the judge can appoint a defense attorney, who the defendant then has to pay.
A member said that, in some cases, a defendant will not have a low enough income to qualify for indigent counsel. Yet, the defendant still may not have enough money to hire counsel or pay a retainer, especially in a serious felony case. The court can then get involved and appoint a defense counsel and help the defendant arrange payment. The member said the court would still need to continue to do this even with the transfer of indigent defense responsibilities to the Commission on Legal Counsel for Indigents.
A member said the commission would only be appointing attorneys for defendants who were indigent. The member said that when non-indigent defendants could not find counsel, this was a judicial problem.
A member asked who was responsible for paying a court-appointed attorney if the defendant did not pay. A member responded that the court can compel payment if the defendant is convicted, but that if the defendant is acquitted, the attorney must use civil collection methods to obtain payment.
A member said that the language of the rule seemed to require the court to appoint counsel whenever a defendant alleged an inability to find counsel. The member said that the case law only requires such appointments when there is a possibility of imprisonment.
Judge Simonson MOVED to delete lines 14-15 from the proposal. Judge Kleven seconded.
A member said that a defendant has a constitutional right to be represented by an attorney at a criminal trial. The member said that, when a defendant who can afford counsel cannot find counsel, judges have always stepped in to assist. The member said that the provision on court appointments for non-indigent defendants is necessary. A member agreed that it was important to retain the provision. A member commented that requiring defendants go forward pro se in criminal cases when counsel could not be found was not appropriate.
A member said there could be situations where the judge could not find anyone to represent a defendant. The member said that the rule should not require the judge to find counsel.
Without objection, Judge Simonson's proposal to delete lines 14-15 was substituted to change the word "must" to "may" on line 14 and retain the remainder of the text.
A member wondered whether any judge would allow a trial to go forward when a defendant wanted a lawyer but claimed an inability to find one, given that any resulting conviction would likely be vacated. The member said that a judge would be required to act to appoint counsel in such a situation.
A member said that sometimes defendants who claim an inability to find a lawyer just are not trying very hard, which creates a difficult situation for the court. A member said that having an independent commission in charge of indigent defense has taken a great burden off the courts, but that requiring judges to appoint counsel in cases where defendants claim inability to locate counsel returns some of the burden.
A member responded that courts have a constitutional duty to see that all defendants who want representation can obtain representation. The member said district judges are in a good position to twist attorney's arms to assure that representation is provided.
A member said that it is only in rare situations that a non-indigent defendant will need the assistance of the court in order to obtain counsel, especially since appointment would only be required in cases where imprisonment was possible. A member agreed that such situations did not happen often.
Judge Simonson's motion, as substituted, CARRIED.
Judge Geiger's motion to add the rule, as amended, to the annual rules package CARRIED unanimously.
RULE 32, N.D.R.Crim.P. - SENTENCING AND JUDGMENT (PAGES 137-161 OF THE AGENDA MATERIAL)
Staff explained that amendments to Fed.R.Crim.P. 32.1 on revoking or modifying probation had been approved so similar amendments to Rule 32's probation provision were being proposed.
Mr. Kapsner MOVED to approve the amendments to Rule 32. Mr. Mack seconded.
Mr. Kapsner's motion to add the rule, as amended, to the annual rules package CARRIED unanimously.
RULE 29, N.D.R.Crim.P. - MOTION FOR A JUDGMENT OF ACQUITTAL; RULE 33, N.D.R.Crim.P. - NEW TRIAL; RULE 34, N.D.R.Crim.P. - ARRESTING JUDGMENT (PAGES 162-178 OF THE AGENDA MATERIAL)
Staff explained that amendments to Fed.R.Crim.P. 29, 33 and 34 had been approved so similar amendments to the corresponding North Dakota rules were being proposed.
Judge Dawson MOVED to approve the amendments to the rules. Ms. Moore seconded.
A member asked, if these rules were amended, where a party seeking an extension of time to file would turn. Staff explained that the general extension provision applicable to the criminal rules is in Rule 45.
A member asked whether the 10-day deadline in these rules could be deleted but language allowing the court to set another deadline could be retained. A member responded that this would allow parties to indefinitely delay the filing of motions under these rules.
Judge Geiger MOVED to adopt additional language in the explanatory notes of the three rules indicating that requests for additional time under these rules must be made under Rule 45. Ms. Schmitz seconded.
A member asked for clarification of what would happen if a party failed to make a motion for extension of time within the time frames currently in these rules. A member explained that the rules' time frames were jurisdictional, so if a party fails to timely file a motion or a request for extension of time, the party would not be allowed to obtain relief. The member said that the proposed changes would relax time limits for making extension requests.
The motion to amend the explanatory note CARRIED.
Judge Dawson's motion to add the rules, as amended, to the annual rules package CARRIED unanimously.
RULE 6, N.D.R.Crim.P. - TIME; RULE 45, N.D.R.Crim.P. - COMPUTING AND EXTENDING TIME (PAGES 179-196 OF THE AGENDA MATERIAL)
Staff explained that amendments to Fed.R.Civ.P. 6 and Fed.R.Crim.P. 45 had been approved so similar amendments to the corresponding North Dakota rules were being proposed.
Ms. Moore MOVED to approve the amendments to the rules. Judge Kleven seconded.
A member said it was strange that, under the proposed language, days would be added after the period. The member said that some language had been omitted from the proposal that was in the federal proposal, the words "otherwise expires." The member said that use of the word "after" would have made more sense if the omitted language had been used in the proposal. The member said that the current rule's use of "to" was preferable to "after."
Staff explained that the proposal was based on the final federal amendments and that the "otherwise expires" language appeared in an early federal draft.
Mr. Kuntz MOVED to remove the word "after" and change to "to" on Rule 6, line 34 and Rule 45, line 31. Mr. Sturdevant seconded. Motion CARRIED.
A member asked why the word "three" was spelled out in the proposal instead of a numeral being used.
Judge Simonson MOVED to use a numeral "3" on line 34 of Rule 6. Mr. Quick seconded.
A member commented that basic style rules dictated that numbers up to ten be written out and numerals used for numbers greater than ten. A member said that this rule was not consistently followed throughout the rules and that the Committee should choose a guideline for numbers and then follow it consistently.
Motion FAILED.
Ms. Moore's motion to add the rules, as amended, to the annual rules package CARRIED unanimously.
RULE 27, N.D.R.Crim.P. - DEPOSITIONS BEFORE ACTION OR PENDING APPEAL (PAGES 197-207 OF THE AGENDA MATERIAL)
Staff explained that amendments to Fed.R.Civ.P. 27 have been approved so similar amendments to Rule 27 were being proposed.
Mr. McLean MOVED to approve the amendments to Rule 27. Ms. Schmitz seconded.
Mr. McLean's motion to add the rule, as amended, to the annual rules package CARRIED unanimously.
RULE 3.2, N.D.R.Ct. - MOTIONS (PAGES 208-219 OF THE AGENDA MATERIAL)
Staff explained the proposed amendments to Rule 3.2.
Judge Nelson MOVED to approve the amendments to Rule 3.2. Ms. Schmitz seconded.
A member said that the proposed amendment to the rule regarding testimony in family law proceedings should be reviewed by a broad spectrum of practitioners in family law. The member suggested that the Committee gather comments on the proposed amendment before taking further action on it. The member volunteered to distribute the proposal to members of the bar.
Ms. Moore MOVED to postpone consideration of the amendment to subdivision (b) and of the amendment to Rule 8.4 (next agenda item) so that comment could be sought from the bar. Mr. Kapsner seconded.
A member commented that postponement would be wise.
Motion CARRIED.
A member discussed the proposed change relating to standing orders for hearings. The member explained that the East Central Judicial District had adopted a standing order requiring hearings on certain types of motions because hearings were generally needed on these motions. The member asked why having such a requirement would be a problem.
Staff responded that standing orders, unlike local rules, are not published. Staff said out-of-town lawyers might wholly unfamiliar with standing orders and would have no way to look them up. The Chair further explained that the Rule on Local Court Rules sets out
a procedure under which lawyers and other interested parties are provided with notice of local rule proposals and have an opportunity to comment, which is something that does not happen when standing orders are issued.
The Chair said that the ECJD standing order appeared to be cover ground that should be covered in a local rule. The Chair added that the Committee's role on new local rules was to evaluate whether they should be extended statewide, but that it could not exercise this role with standing orders.
A member responded that a standing order could be issued in a more timely manner than a local rule, and that the ECJD had issued the standing order on hearings in response to an immediate need, the expiration of the former ECJD local rule on hearings. The member also said that hearings were required by statute for the types of motions embraced by the standing order.
A member commented that whether a hearing should be conducted on a motion was a procedural issue, not a substantive one, so a statutory hearing requirement was subject to being superseded by procedural rule. The member said that Rule 3.2 should apply uniformly statewide so that lawyers across the state would know what to expect when practicing outside their home districts. The member said the Committee should discuss whether standing orders and local rules should continue to exist. The member said a lawyer should be able to walk into any court in the state and know what the rules are, but that this is not a reality because of standing orders and local rules.
Mr. Kuntz MOVED to table the rule until the April meeting. Judge Geiger seconded. Motion CARRIED.
RULE 8.4, N.D.R.Ct. - SUMMONS IN ACTION FOR DIVORCE OR SEPARATION (PAGES 220-224 OF THE AGENDA MATERIAL)
Rule 8.4 was tabled pending comment by the bar on the proposed amendments.
RULE 10.2, N.D.R.Ct. - SMALL CLAIMS COURT (PAGES 225-243 OF THE AGENDA MATERIAL)
Staff explained that, because of the recent Supreme Court decision in Wetzel v. Schlenvogt, 2005 ND 190, 705 N.W.2d 836, it was not clear whether corporations and other businesses could act in small claims court without legal representation. Staff explained that the new Rule 10.2 was proposed so that businesses could continue to use small claims court without legal representation.
The Chair explained that a corporation is an artificial person that has to be represented by a natural person and that a lawyer generally plays the role of representative. In small claims court in some parts of the state, non-lawyers appear to represent corporations. The Chair said that the rule proposal addresses this circumstance.
Mr. Sturdevant MOVED to approve the new Rule 10.2. Mr. Mack seconded.
Mr. Kapsner MOVED to delete the sentence at lines 6-7, the second sentence of subdivision (a). Ms. Schmitz seconded.
A member said that if a lawyer appears to represent a party in small claims court, the lawyer should be able to represent the party without being limited by the small claims court referee. The member observed that some small claims court referees are not familiar with the rules or the law and should not be allowed to restrict lawyer behavior. A member agreed that the proposed language gave small claims court referees too much discretion to limit the scope of a lawyer's representation.
A member commented that, under the small claims court statutes (and unlike in district court) the court conducts the proceeding. The member said that small claims court proceedings are designed to be quick, so attorneys do not always get to operate as they wish. The member said lawyers should not expect small claims court to be conducted the same way as district court.
Mr. Kapsner's motion CARRIED.
Mr. Kuntz MOVED to insert the word "employee" at line 10 then to delete everything after the word "association" on line 11, with deletion continuing through line 17. Ms. Moore seconded.
A member said the change was aimed at allowing employees to appear in small claims court to represent a corporation without formal corporate authorization. The member said that companies located throughout the United States operate offices in North Dakota and periodically they become involved in small claims court actions. The member said it is typically mid-level employees like office managers and foremen who are in the best position to go and represent the company in small claims court. The member said it would create problems if these employees needed to get formal authorization from corporate headquarters before representing the company in small claims court.
A member said the motion raises the question of what happens if an employee goes into local small claims court and gets the matter removed to district court without corporate
authority to do sohas the corporation submitted to district court jurisdiction in such a case? Outside of small claims court the employee, whether authorized or not, cannot continue to represent the corporation.
A member said that an officer, owner or partner should be able to represent a business without producing documentation, but an employee or agent should be required to provide authorization.
A member responded that mid-level employees have been representing businesses in small claims court in North Dakota for years without having to show authorization documents.
A member said that a rule requiring employees to be authorized before representing a business in small claims court is needed. The member said that these employees should also be required to produce authorizing documents or other evidence (including testimony) in court.
A member said that requiring documentation would create problems. The member said if the proposal was approved, a referee would have no choice but to enter default if an employee showed up in small claims court without documentation. The member said the amount of money involved in small claims court is too small to warrant excessive formality in procedure.
A member said that a requirement for an employee or agent to provide some evidence of authority would create a minimal burden.
Mr. Kapsner MOVED a substitute motion to use the language "employee or agent" instead of "employee" and to retain language starting in line 15 of the proposal requiring evidence of authority Mr. Quick seconded.
A member responded that small claims court is not a court of record. If a party comes in and testifies about their authority, there will be nothing to show later on what they said or did not say. The member said that any exhibits are given back to the parties once the proceeding is over. The member said that the only documents filed after the proceeding are the claim affidavit, request for hearing and judgment.
A member said that adopting the proposed substitute language would complicate small claims court procedure. The member said an employee's authority to represent a business should only be an issue if the matter gets removed to district court. The member said that the small claims court statute, fairly interpreted, states that a business can appear in small claims
court without an attorney. The member said that the Wetzel decision implied that businesses would now have to hire attorneys. The member suggested that any rule changes should be directed toward correcting this problem.
A member said that the rule proposal did not address political subdivisions. The member said political subdivisions also have appeared in small claims court without attorneys.
A member said that, given the fact that limited records are kept of small claims court proceedings, requiring employees to prove that they have authority to represent businesses would be an empty gesture.
Motion to substitute FAILED.
Mr. Kuntz's motion CARRIED.
Mr. Mack MOVED to amend line 10 to add "or authorized employee or agent" and to delete all material following. Mr. Kapsner seconded.
Motion to amend CARRIED.
Ms. Schmitz MOVED to add "or political subdivision" to line 8 of rule. Mr. Kuntz seconded. Motion CARRIED.
A member asked if political subdivisions often appeared in small claims court. A member responded they appeared often in small claims court.
Without objection, "political subdivisions" was added to the title of the rule in line 8.
A member said that the language of the rule might send a message to collection agencies that they somehow qualify to act in small claims court. A member responded that the statute clearly says that assigned claims cannot be heard in small claims court. The member suggested that language be added to the explanatory note cross-referencing the statutory provision.
Judge Hagerty MOVED to add language to the explanatory note: "Under N.D.C.C.§ 27-08.1-01(3), a claim may not be filed in small claims court by an assignee of the claim." Ms. Schmitz seconded. Motion CARRIED.
A member suggested that, under the proposed language approved by the Committee,
a collection agent could appear in small claims court as an agent of a business association. A member responded that a claim could not be assigned. A member responded that this did not prevent agents from showing up on behalf of creditors.
A member said the language of the rule could be further modified to head off participation of collection agencies in small claims court.
A member asked whether the term "partnership" in the rule was broad enough to include limited liability partnerships and other variations on the partnership form. The consensus was that the term was broad enough.
Judge Hagerty MOVED to add a new sentence to the rule text: "An owner or employee of a collection agency may not act as an agent under subdivision (b)." Judge Simonson seconded. Motion CARRIED.
A member asked if the language would preclude an insurance company that paid property damages from taking an assignment from the insured. A member responded that the small claims court statute itself prevented assignees from acting in small claims court. A member said that sometimes an insurer will bring the insured into small claims court and let the insured appear to prosecute the claim.
Mr. Sturdevant's motion to approve the new rule, as amended, CARRIED unanimously.
Mr. Kuntz MOVED to forward the new rule immediately to the Supreme Court. Judge Foughty seconded. Motion CARRIED.
The Chair announced that the Committee had worked through its backlogged material and asked Committee members for suggestions on topics for the next meeting.
A member said that there did not appear to be a consistent procedure for formal probate hearings. The member said that there was a statutory probate jury demand procedure that was not consistent with the civil rules. The member said it might be worth looking at this. Another member suggested there was also an issue of whether Rule 3.2 applies to probate proceedings. The member said the Committee should look at how the statutes in the probate code mesh with the rules of procedure.
A member suggested that the Committee look at N.D.R.Crim.P. 45(b). The member
said almost all attorneys serve a sufficient subpoena with notice and check. The member said 45(b)(2) looks like it requires an additional document, a notice for production. The member said that this document is not generally sent with the subpoena and should not be required.
A member said the Committee should look into creating a pretrial diversion rule. The member said that Minnesota has Rule 27.05 which could be used as a model. A member responded that there is an alternatives to incarceration commission working in this area and it might be wise to wait and see what they come up with.
A member suggested that there should be a rule on safe firearms handling in the courtroom when a firearm is to be offered into evidence. The member said that Judge McCullough had been working on such a rule.
A member said the Committee should revisit N.D.R.Crim.P. 4(c)(3) on demand to file a complaint. A member said the Committee could address issues such as whether one party's demand for a complaint to be filed applies to all parties.
A member said the Committee might consider whether to expand reciprocal discovery under N.D.R.Crim.P. 16.
The meeting adjourned at approximately 4:00 p.m. on January 26, 2006.
Michael J. Hagburg


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The high schools schools slated for transformation include John Adams, Richmond Hill, William Cullen Bryant, Long Island City, Flushing, August Martin, and Newtown High School in Queens.
In Brooklyn, the high schools slated for closure include Automotive, John Dewey and Sheepshead Bay High School.
Between February and today, the PEP has approved 44 school closures to begin or take place this summer – more than in any previous year.
The PEP voted to close the schools with an almost 8-4 count for each school, while exasperated parents, teachers and students looked on. Some teachers heckled the panel calling all who voted for the turnaround, "puppets" and those who voted no, "heroes."
The vote came just before midnight, after many parents, teachers and students spoke for the last time in front of all the panel members at the Prospect Heights High School campus in Brooklyn, in a boisterous effort to inspire a change of heart from PEP members and Schools Chancellor Dennis Walcott.
"The vote to close our local high schools is extremely disappointing and will undoubtedly disrupt students' ability to learn," said State Senator Michael Gianaris in a statement sent out this morning. "It is unfortunate that the Department of Education put politics ahead of our children's educational needs."
Gianaris said that he will do everything he can to make the transition "as smooth as possible" and will work with the schools in his district – William Cullen Bryant High School and Long Island City High School – to provide the best possible learning environment for the students.
Assemblywoman Aravella Simotas, who graduated from Bryant High School, called the vote, "disgraceful."
"They're making a great, big mistake," said Daniel Rhodes, the PTA president of John Adams High School. Rhodes said that he will do all that he can to make the transition to the new school smooth.
Brooklyn Borough President Marty Markowitz called on the DOE and the PEP to stop demonizing teachers and public education.
According to the PEP, one of the first priorities will include eliminating staff in the struggling schools.
DOE officials said that there is no exact number for how many current teachers can be rehired but Walcott said that it could go higher than 50 percent. Teachers will be rehired back by a committee of two teachers, two DOE appointees and the principal.
Although Walcott noted that all students are promised a seat in the transformed schools, some remained skeptical.
"If I were a parent I'd be extremely anxious as to where my child is going in September," said Assemblywoman Cathy Nolan.
"And as a student, now I will be forced to put on my college application, a different school name that I don't even know yet; I don't see any effort to address that key issue," she added while addressing the panel.
Rhodes also said that he is worried that some of the students who were promised seats in the new school won't be included.
"I'm going to have to let the parents know that they should be on the look out for the DOE saying that because of some reason, not all the kids could stay," he said.
Despite comments that the closures were not in the best interests of the schools, the majority of the PEP remained vigilant in their opinion that this is the best decision.
"We're building on the strengths of particular schools and cut out any weaknesses," Walcott said. "This is a great opportunity for a school to re-identify itself with a new mission, new staff, new program and a new name to raise itself to the next level."
Walcott told critics of the turnaround model that it was used before in 2005, although not on the scale it is being used now.
"All new schools that have been created have followed the same process and is no different than past policies in place for new schools," he said.
Judy Bergtraum, a recent mayoral appointee to the DOE, said that she voted for the turnaround because the schools have been struggling for many years.
"I just see this as an opportunity for change," she said.
Walcott also said that the construction of new schools, such as Maspeth High School and the Cambria Heights Academy, will ensure that the transformed schools are not over-saturated.
"In Queens, hopefully we will start to see a redistribution of where students are going, and we won't have overburdening," he said.
Among some of the concerns were whether current programs in the schools would be retained. One PEP member said that the DOE will look at which programs are working well in the schools but didn't make it clear whether they will in fact be retained.
"It's a process to tap talented educators in each schools; this is an opportunity to reconstitute staff, introduce new programing," said Marc Sternberg, a DOE official. "We have evidence in experience in new school strategy."
Another PEP appointee, Joan Correale, said that her daughter went through a process similar to the turnaround at her Bronx high school, and admitted that she considered taking her out of the school, but now it is doing much better, calling it a highly sought-after school.
At the meeting, a resolution to oppose the turnaround model, introduced by Queens borough PEP appointee, Dmytro Fedkowskyj, was voted down, 8-4.
Earlier in the day it was revealed that two schools were off the closure list – Grover Cleveland in Ridgewood and Bushwick Community High School.
Although Cleveland's community was happy to be off the list, students like Diana Rodriguez remained concerned for the other public schools. She and students who are part of an organization, Student Activists United, also attended the hearing.
"We do not stand for injustice, it has to stop," Rodriguez said. "All students have been harassed by this proposal."
Others, like Brett Green, a music teacher at the saved school, said that the Cleveland community should remain cautious.
"There's been so much damage done to the students and the morale and to the whole environment," he said. "We're safer today but it's very temporary ... I'm very skeptical; we're going to be under intense scrutiny but the truth is we have made improvements."
Some parents at the hearing questioned if the decision was already made and whether they were wasting their time speaking on behalf of a school if it was fated to close anyway.
Council Member Letitia James spoke on behalf of some of them.
"People should be able to petition government and should not have to come here today thinking that this is nothing more than a sham," she told the panel after calling the DOE's actions, "mediocre".
Rhodes said that he is proud that the school's community fought for John Adams, but also questioned the PEP and DOE.
"We did what it took," he said. "But it makes me ask, did we really ever have a chance?"

subset: commoncrawl


text:
Didn't see a thread so here we go (If there is already one lock this)
Myanimelist Description :
Wouldn't you just love to poke in a relationship between two young high schoolers who have a subtle distance between each other? Of course you would. Tsumiki and Io have this subtle distance that anyone would want to jump in between just to bug them. That's what the other characters are there for. Tsumiki, being a tsundere and all, won't be honest about her feelings toward Io. Io on the other hand is unaware of Tsumiki's feelings, hence the subtle distance between the two. Now, let's watch these two and see what events await them...
Well I certainly enjoyed this show. Got a decent dosage of comedy and the CUTENESS of this show is just over 9000.
Now as soon as I saw the beginning of this show I just couldn't stop thinking it was Lucky Star with 2 guys in it. I mean the main girl looks like Konata and we got Hime voiced by Tsubasa's voice actor, so I guess thats the reason for the vibe.
I mean look at this
If you are going to watch this, you would be watching it for the cuteness/comedy. Do I think it will be better than Lucky Star? Doubt it. Though considering how this show has romance in it, I wonder if comparing the two shows is even fair at all.
Anyways, I like this show. And hopefully with more new characters, since thats what the opening has led me to believe, hopefully this becomes a gem for the majority of watchers.
In an instant we echo, and our hearts meet, IMPACT CROSS!
Very cute looking farward to watch this one!
the moe level was strong with this one...i don't know how much longer my nutbladder can last out lawl
Living life one day at a time
While the humor wasn't exactly impressive on the first episode at least, I was entertained. I've been looking for some lighter stuff lately, this will fit in nicely.
Cuuuuuuuteeeee :D
I`ll definitly continue watching this one.
His Holiness Optimus Maximus Decimus Meridius Colossus Nemesis Nexus Genesis
lol, the intercom tests
This space for rent.
I am a cage in search of a bird.
Friend of mine told me to watch this anime. Now that it's over (I think it is) can someone sum up the rest of the series? The same friend has only seen the first episode so far... should I bother with it?
Finished this series about a week ago and have to say that it was pretty cute especially with the Neko ears. Other than that, it just so-so imo.
Animanga hunter extraordinaire
I couldn't get past the first episode, but I may have been in a bad mood at the time. I'll likely give it another chance in the future.
I thought it was a solid series, which was surprising in a way. Its main draw is that it's really cute, and sometimes it surprises you with bursts of fantastic humour. The characters aren't incredibly deep, but they're all very different and likeable. Some aspects are repetitive or dull, but that's true of most comedies anyway. I enjoyed it quite a lot, personally.


text:
Zola Budd Pieterse, a two-time world record holder in the women's 5K, not only won the fourth annual Charleston Marathon on Saturday, but the 47-year-old smashed the state age group record for females, age 45-49, with her time of 2 hours, 59 minutes and 42 seconds.
The time came despite a strong headwind that sapped many runners on the 26.2-mile and 13.1-mile courses that run up the spine of the Charleston peninsula from downtown Charleston to North Charleston on Saturday morning.
Despite Pieterse's achievements in track, she is more widely known as the barefooted South African 17-year-old who collided with Mary Decker in the 3,000 meter race in the 1984 Olympics. Their saga was the subject of last year's ESPN Nine for IX series film, "Runner."
For years, Pieterse has been living in the Myrtle Beach area, where is a regular on the Grand Strand race scene and is a volunteer coach for Coastal Carolina University.
She rarely ventures to the Charleston area to races, but said Saturday that she chose to run Charleston in preparation for her return to the Two Oceans Marathon, a 35-mile ultramarathon in Cape Town, South Africa, which goes from the Atlantic Ocean to the Indian Ocean and back, in early April.
As a sign of how brutal the windy, chilly conditions were during Saturday's marathon and half marathon, Pieterse was a no show at the marathon awards ceremony.
"It was so cold that we went straight back to the hotel," says Pieterse.
According to local National Weather Service office, the conditions between 8 a.m. and 10 a.m. Saturday included a 15- to 20-mile-per-hour West Northwest wind and a temperature of 38 to 40 degrees. That put the wind chills at just below freezing.
The men's winner, Ethan Coffey of Knoxville, Tenn., ran his race with the conditions in mind.
"I went out slow. I didn't start running under 6 minutes (per mile pace) until after the first 10K and didn't pass the first-place runner until Mile 18," said Coffey, who lived in Charleston from 2005 to 2009 when he worked at the Nuclear Power School. He now works as an engineer at the Oak Ridge National Laboratory.
The 30-year-old finished in 2:34:08.
Like Pieterse, Coffey is training for an ultramarathon, of sorts.
After the Boston Marathon bombing, Coffey wanted to do something special to help and decided to run a "double Boston" this year — starting at the finish line and running to the start, then running the race back. His goal is to run the 52.4 miles in under a cumulative six hours.
The feat is an effort to raise money for the "Be Strong Stay Strong Fund." The money will be earmarked to help Nicole and Michael Gross, who were former swimmers at the University of Tennesee, and Erika Brannock. All three of them were injured while waiting to cheer on their mother, who was running the marathon. Coffey is documenting his efforts on a blog, http://bostonmarathonx2.wordpress.com.
Meanwhile, the Charleston Marathon and Half Marathon topped a City of Charleston-imposed registration cap of 5,000 for the first time in four years. Organizers are expected to ask the city to raise the cap and let the event grow.
The unofficial finisher numbers for the race were 2,880 in the half, 1,205 in the marathon and 800 in the 5K, which was held entirely in North Charleston and not subject to a cap.
OVERALL: Male - Ethan Coffey, 30, Knoxville, Tenn., 2:34:08; Brian Johnson, 38, Mount Pleasant, 2:42:45; Matthew DeVillers, 25, Menomee Falls, Wis., 2:46:22. Female - Zola Budd Pieterse, 47, Myrtle Beach, 2:59:42; Jaime Schmidt, 31, Lancaster, N.H., 3:10:01; Holly Jimenez, 33, Alpharetta, Ga., 3:14:42.
OVERALL: Male - Tom Clifford, 30, Wilmington, N.C. 1:12:06; Phillip Ciccarello, 30, Charlotte, 1:18:44; Ryan Moore, 27, Kingston, Ontario, 1:18:45. Female - Mina Demarco, 29, Blacksburg, Va., 1:22:37; Alex Cadicamo, 25, New York, 1:23:05; Alexa Caldwell, 24, Asheville, N.C., 1:24:34.
OVERALL: Male - Jonathan Eggert, 29, Cayce, 16:47; Tay Filer, 44, Hampstead, N.C., 17:28; Ryan Medvid, 23, Charleston, 18:07. Female - Lisa Pieterse, 18, Myrtle Beach, 20:30; Jessica Ramsey, 23, North Charleston, 20:51; Amy Bartholomew, 39, Cumming, Ga., 21:54.


text:
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text:
Fresh Kids Color Combo: Yellow & Grey
The yellow and grey color combo broke out of the gates a few years ago and is still going surprisingly strong, especially in children's rooms. Pairing neutral grey with a sunny yellow seems to be a happy compromise for parents who want some brightness in their child's room without going overboard. The combo also works equally well in rooms for boys or girls and is a popular choice when parents decorate a nursery before they learn the sex of their child.
Above are ten grey/yellow rooms to peruse. Click through the link to see more of each room. As you can see, most parents chose grey for the wall color and added yellow accents although a few made yellow an equal or dominant player in the room.
What do you think? Is this combo still "fresh" to you or overdone?
(Images: 1. Grant and Nicole 2. Rhoney Design 3. Luciana Misura 4. reader Cindy 5. Jen Woodhouse 6. reader Dina 7. The Domestic Wannabe 8. Kristen DeLap 9. reader Erin 10. Marian Anderson)


text:
Tallanes Tale Essay Outline
Topic #1
Many democratic governments have been overthrown in the Twentieth Century. The Handmaid's Tale shows how the government of the United States might be overthrown by a fanatical group and a dictatorship established. Consider how a government such as Gilead is created and how those in power attempt to maintain their control.
I. Thesis Statement: The Handmaid's Taleillustrates that a dictatorship can be established by playing upon people's fears and dissatisfaction with societal conditions and that, once dictatorial controls are instituted, fear tactics can be asserted to attempt to keep the government in place.
II. Dissatisfactory conditions of the pre-Gilead society
A. Environmental deterioration due to increased pollution and nuclear explosions
B. Increased objectification of women through pornography
C. Increased sexual violence against women
D. Decreased birth rate among the Caucasian population
E. Rampant new strain of syphilis
III. Measures taken to seize control of the government and the society
A. Use of media to promote dissatisfaction
B. Assassination of the President and Congress
C. Mass firing of all women and seizure of their assets
D. Savage repression of protests
IV. Fear tactics used to maintain control in Gilead
A. Regimentation of society
1. Women assigned to groupings according to theirfunction
2. Society in uniforms, based upon groupings
3. Elimination of choice in daily life
4. Rivalries and jealousies between different groupings encouraged
B. Indoctrination
1. The Red Center
2. Misinformation on television, the only remaining information medium
3. Enforced illiteracy
4. Society involved in the punishment of offenders (Salvagings)
C. Creation of paranoia and fear
1. Meetings, even most conversations, banned
2. Threat of banishment to the Colonies
3. Public display of execution victims
4. The Eyes/the black vans
V. Resistance to government of Gilead, despite the repressive controls
A. War in Latin America and in various states
B. The Mayday resistance
C. The Underground Female road
VI. Conclusion
A. The manipulation of societal fear in establishing and maintaining a dictatorship
B. The inevitable vulnerability of a dictatorship due to the ability of resistance movements to move beyond fear
Topic #2
Sexism and misogyny exist when women are not granted the same rights as men, when women are restricted to the domestic sphere, and when women are valued primarily for their functionality rather than their...
(The entire section is 1123 words.)
Ты его. Двухцветный равнодушно кивнул. - Где оно? - не отставал Беккер.


text:
Shaq Earns Doctorate Degree In Education In Fla!
"Former NBA star Shaquille O'Neal is a doctor now. O'Neal received his doctoral degree in education from Barry University alongside 1,100 other students during commencement ceremonies Saturday" - AP
Please click the "Report" button below if the video on this page is not working properly.
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text:
PEORIA — During finals week at Bradley University, it's hard to tear any student away from their last-minute cramming sessions.
Not so with Matt Miller. He and other students dropped off more than 100 books Wednesday for the kids at the Children's Hospital of Illinois at OSF Saint Francis Medical Center after a successful book drive, even if finals still were on the horizon.
"I have an anatomy final later today," Miller said as he watched the books he had brought over being organized by Vicki Lee, manager of Child Life Services at Children's Hospital.
"It's amazing what these kids did in the middle of finals," Lee said. "It's always great that books are coming in."
The books Lee was sorting through came from the Mortar Board Society at Bradley University. Miller is the president of the group, an offshoot of the National Honor Society.
"We tried to do a book donation earlier in the year, but it didn't work out," Miller said. "This has definitely been a good learning process."
After the initial plans fell through, the group sought the advice and help from faculty and staff at Bradley. The bookstore recommended holding the book drive at the same time students were selling their textbooks back to the store.
"You know how you hardly get any money for your textbooks? Well we had it so they could just give those few dollars and give it to a good cause," Miller said. "We had fliers, we decorated the bookstore, we were all over Facebook. We were hard to miss."
After the faculty and staff donated 20 books on the first day of the drive, they had serious momentum and ended up with 106 books.
As Lee started packing the books on the a cart to be wheeled to the hospital wing, she talked about the hospital's goal to have a book for every child in the hospital. When she talked of the donation, she gushed over what joy these books bring.
"There's a wow factor when you accept these great gifts," Lee said. "Then you get to see that wow factor again when the kids receive those gifts. The joy you get, you just can't express it."
Zach Berg can be reached at email@example.com or 686-3257. Follow him on Twitter @ZacharyBerg.


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|November 30, 2012
Tennessee Tech
|Stats at a Glance
|FG Percentage
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|3P FG Percentage
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|FT Percentage
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|Offensive Rebounds
|Defensive Rebounds
|Total Rebounds
|Bench Points
- 20
- 17
- 10
- 10
- 3
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- 1
- 1
NASHVILLE, Tenn. – Coach Scott Sanderson was wondering if his Lipscomb Bisons could maintain the intensity and effort they displayed Monday against Murray State.
He got his answer in the affirmative Friday night as the Bisons held off a late rally by Tennessee Tech for an 80-64 win at Allen Arena. The Bisons evened their record at 3-3. Tennessee Tech, from the Ohio Valley Conference, is also even at 3-3.
"I thought we did some good things, especially in the first half," Sanderson said. "We held them to 30 points and a low percentage shooting.
"Tennessee Tech is quick and athletic. That team will win a lot of games in the OVC. They are a very good basketball team. That was a good win for our team."
While there were several contributors to the win, one of the most solid all-around performances was by junior point guard Khion Sankey with 11 points, six rebounds, four assists and three steals. Sankey is handling most of the minutes at the point and he is happy in that role.
"I am a big body," Sankey said of his 6-foot-5, 220-pound frame. "Nobody is going to block me out at the point guard position. I can get in the paint, dish, shoot over people and just get my teammates the ball more.
"I always think about the next play. If you make a mistake you move to the next play. That other play is over with."
With 4:38 left in the game the Bisons held a 14-point lead, 68-54. Tennessee Tech went on a 10-0 run to make it a four-point game but the comeback attempt ended at 2:21 when Sankey hit a layup. The Bisons closed out the game on a 12-0 run as Sankey and Malcolm Smith scored on free throws and layups to seal the deal.
"Sometimes you play not to lose and that is what we were doing (during Tennessee Tech's run)," Sanderson said. "That is why I kept calling timeout after timeout. But we made some big free throws down the stretch with Khion and Malcolm."
The Bisons shot 56.5 percent from the field in the second half and 50.9 percent for the game hitting 27-of-53 attempts. They were also impressive from the free throw line connecting on 20-of-25 shots, an 80 percent effort.
Joining Sankey in double figures were guard Deonte Alexander with a team-high 17 points, forward Martin Smith with 14 and forward Malcolm Smith with 13.
One of the key statistics for the Bisons was the 17 points scored off the bench. Guard Talbott Denny attempted only one shot, a 3-pointer that he hit at 11:06 of the second half that moved the Bisons ahead 53-48. Guard John Ross Glover added four points and center Oscar Garcia chipped in with a season-high eight points in 12 minutes.
"I thought Oscar came in and gave us some baskets," Sanderson said. "He has not been finishing around the hole this season.
"We are trying to get those guys some confidence. We played them for longer stretches. Hopefully, they will continue to get better."
The Bisons held a 41-33 advantage on the boards sparked by a season-high 10 from center Stephen Hurt.
"Having Stephen play 28 minutes opposed to playing 20 or 22 minutes makes a big difference in our rebounding totals," Sanderson said. "He is so big in there."
Tennessee Tech was paced by guard Jeremiah Samarrippas with a game-high 20 points. Also in double figures were forward Matt Marseille with 14 points and guard Jud Dillard with 13 points. Dillard posted a double-double adding 10 rebounds.
Tuesday the Bisons make the short trip to Belmont for round two of the "Battle of the Boulevard" that will be broadcast on CSS. Game time is 6 p.m. and can be heard live on 102.5 The Game.
Written by Mark McGee, Senior Publisher/Director of Media Relations.


text:
posted by Thom Holwerda on Mon 2nd Nov 2009 23:20 UTC
ZFS has received built-in deduplication. "Deduplication is the process of eliminating duplicate copies of data. Dedup is generally either file-level, block-level, or byte-level. Chunks of data - files, blocks, or byte ranges - are checksummed using some hash function that uniquely identifies data with very high probability. Chunks of data are remembered in a table of some sort that maps the data's checksum to its storage location and reference count. When you store another copy of existing data, instead of allocating new space on disk, the dedup code just increments the reference count on the existing data. When data is highly replicated, which is typical of backup servers, virtual machine images, and source code repositories, deduplication can reduce space consumption not just by percentages, but by multiples."


text:
More than 1,000 large cement blocks connected by thick cable are being installed around the perimeter of the Navy's Outlying Field Coupeville.
The blocks are stamped with the words, "Government property, do not trespass."
They are a security measure to ensure unauthorized vehicles do not drive onto the field, according to Tony Popp, community relations director for Whidbey Island Naval Air Station.
Popp said the Navy has not changed its security posture at OLF and has intended to install the blocks at the outlying field for some time.
Popp said that the Navy does not intend to build any kind of fence on top of the blocks.
The Navy still intends to resume touch-and-go operations at OLF after the end of the calendar year, Popp said.
The added security at OLF Coupeville comes in the wake of months of controversy about noise from landing practices at the airfield.
A Coupeville-based citizens group filed a federal lawsuit against the Navy in July, asking a judge to compel the Navy to conduct an Environmental Impact Statement or EIS.
The group alleges that the Navy's new EA-18G Growlers are louder than previous aircraft and that the Navy are performing more operations at OLF than they estimated in 2005.
Members of the group, including Maryon Attwood and Paula Spina, speculated during a recent meeting that the cement blocks are being installed as added security as a result of their criticism of the jet noise and the Navy's intention to resume operations in January.
When told that the Navy's position is that this has been a project in the works for some time, Spina replied, "Do you believe that?"
Attwood concurred with Spina.
Attwood said she believes the timing of the block placement seems suspect.
The Navy announced its intention to conduct the EIS shortly after the lawsuit was filed, saying that plans for the study have been in the works for some time.
Public comment meetings about the impact of the Growlers and other aircraft on Whidbey is scheduled for Dec. 3-5.
The Navy has also closed Maylor Point trail to pedestrians due to the construction and closure of Torpedo Road, according to Mike Welding, NAS Whidbey public affairs officer.
Gate No. 5, near the entrance to Maylor Point trail is currently used as a backup to Maui gate for vehicular traffic entry into sea plane base, he said. For safety reasons, he said, the base closed the gate to pedestrians during construction.


text:
OGDEN — Known for her mountain biking dominance, Lesley Paterson watched competitors pass her and started to believe the horrible thoughts that ran through her mind.
"There are lots of good girls here, and when people start passing you at the beginning of a race, it's hard not to let that get into your head," said Paterson, who won her second straight XTERRA National Championship in Ogden despite battling a cold. "My husband is a sports psychologist, and he said, 'Any time a negative thought comes in your head, (picture) a big stop sign in your head.' I was shouting that at myself, "Stop! Stop! Stop!' "
Then she glanced down and touched the words written on her forearms in black marker — "Joy" on her left arm and "fight" on her right forearm.
"I always find this race really hard because it's the first race in my block," said Paterson, who finished 43 seconds ahead of second-place finisher and 2012 Olympian Barbara Riveros, Chile, with a time of 2:53.21. Part of the battle was the cold she was dealing with, but part of it was the depth of the field.
"It was a tight race, and there were a lot of good girls here," she said. "It took me a good half the race just to get into it."
She struggled to switch gears from the swim to the bike, including taking a spill on her bike just as she entered Wheeler's Canyon.
"It really is a lung buster, straight out of the gate," she said. "It's a relief (to win). I'm totally going to chill out and eat chocolate tonight."
While Paterson repeated on the women's side, rookie Leonardo Chacon, Costa Rica, won the men's race with a time of 2:32.31. "This is my third XTERRA of my life," he said laughing. "I think XTERRA has that thing that it is more individual. I love that nobody can draft you in the bike. It's just your strength against the strength of others, and I love that. You learn what you have, and you learn what they have."
Chacon's strength is swimming, but he held his ground on the mountain bike section and said when he entered transition close to the leaders, who were Conrad Stoltz (ending up fourth at 2:33.26) and Josiah Middaugh (who finished second 2:33.26), as well as third-place Ruben Ruzafa, Spain, (2:33.55) he was confident he could contend.
"The most important thing when you're racing against these guys in XTERRA, you've got to be stronger in the discipline where you are strong," he said. "It's your chance. When I got to transition two with them, I knew I had to control first the run, then the final attack. It was incredible for me."
In addition to professional triathletes from around the world, hundreds of amateurs from around the world competed in the event as well.
Matthew Balzer from Reno, Nev., was the top overall amateur with a time of 2:49:50. He finished 12th overall, topped only by 11 established professionals.
"Ecstatic," said Balzer, 32. "It's been a goal for the last two years. I had to deal with some (foot) injuries last year, so I really wanted to come out strong this year." Among those amateurs was Salt Lake lawyer Meghan Sheridan, 34. She spent half the week back East at a wedding and then worked a vicious schedule before Saturday's race. She's new to the sport, but already among the best amateurs on the tour.
A professional mountain bike racer, she started competing in XTERRAs in 2010 at the urging of a friend, who races as an amateur in the 60-year-old category. She finished second in the 30-34 age division on Saturday.
"I didn't know how to swim," she said, after calling Saturday's swim "miserable." "I rented a rafting wet suit in 2010 and I was last out of the water. The next year I was in the National Championship. Yes, I still hate swimming. It's scary. There's 300 people going out together. Thank goodness my biking is awesome." The 2012 graduate of the University of Utah's law school said there really isn't any valid excuse for not getting out and enjoying Utah's scenic outdoor opportunities.
"I killed everyone's excuses for not exercising," she said laughing. "I had never even done a road triathlon. Here I am; it's part of my life now whether I'm in the national championships or racing regionally for fun. It's a wonderful experience; everyone should do it at any level. Get on your bikes, people!"
The XTERRA trail running national championship is Sunday morning at Snowbasin. Locals can sign up for the 21K pro course or a 10K or 5K course from 7 a.m. until 8 a.m. Sunday morning.
Twitter: adonsports
Email: [email protected]


text: Explore the fantastic views of the Miami skyline. The open top bus provides an excellent platform as you pass the classic Art Deco buildings and drive along the famous Collins Avenue and South Beach. Enjoy this narrated bus tour and see how Miami became one of the most popular cities in Unite States, full of fashion, entertainment and beauty with its bustling streets and unique flair. Hop On or Hop off at over 25 locations throughout the city, including Miami Beach, restaurants, shopping centers and attractions. You'll appreciate the fantastic views of all of the city's neighborhoods on an open air double decker bus, including the mansions of Coral Gables, Bohemian Coconut Grove and the typical Cuban flavor of Little Havana, which inspire the city with Latin culture.


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The average listing price on SpeedList for this year, make, and model is $100,406.
This vehicle has been on SpeedList for 98 days.
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text: CDM/PROJECT MANAGER —— sought by Smith Hanley Consulting Group, LLC in Lake Mary, FL (& othr US locs as reqd) to provide dbs mgmt funcs. BS in Stats, CS, Bio Engrg, or rltd + 5 yrs exp; exp w/Clinical Data Management, SAS & INFORM; willing to trvl as reqd. Auth to wrk in US. Apply @ www.jobpostingtoday.com ref #1243 WEB OS21229


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50% neutral oak
2010 Ruben's Blend
Join the Twisted Few!
Named after Ruben the Rubber Chicken! Marsanne, Roussanne, and Grenache Blanc.
One Mean Mother Rubber. Chicken.
I know what you're thinking - "Did he score 90 points or only 89?... What is the difference between licorice and star anise anyway and what's this *%#&@! business of creme brulee or vanilla?" Well, punk, I'm the one holding the corkscrew and your glass is empty. I may look boneless and cheap, but you don't want to call me Poly behind my back if you know what's good for you. The name's Ruben but you can just call me One Mean Mother Rubber. Chicken. And now you've got to ask yourself one question: "Do I feel thirsty?" Well, do ya punk?
(contributed by Mike Holland, "Write on Ruben's Backside" Contest Winner)
50% neutral oak


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Floor Cleaning Tools
From small spills to major cleaning projects Grainger has most of the cleaning tools and supplies you need to keep your facility neat and safe. We have a wide selection of floor cleaning tools including dry and wet mops, plus broom and mop handles. We also have a large assortment of mop buckets and wringers in the styles and capacities for your specific application. Shop Grainger for your floor cleaning supplies and accessories.
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OpenXava 4.2.3 released
Lesson 5 of OpenXava course
July 19, 2017
We're working hard to upgrade the current OpenXava course that is based in OpenXava 4 and in PDF format to use OpenXava 5 version and wiki format. We are pleased to announce that we have just finished the lesson 5, now it uses OpenXava 5 features. The lesson 5 is about adding business logic to your entities in order to convert your application into something more than a simple database manager.
Have a look at the new lesson 5
With this we have updated Lesson 1, Lesson 2, Lesson 3, Lesson 4, Lesson5, Appendix A, Appendix B and Appendix C.


text: Join us for the nation's most visionarycollaborativecreativeenergeticinspirational conference on innovation and entrepreneurship. Check out ticket prices Your browser does not support the video tag. Play Video May 6th - 8th, 2015 in Omaha, Nebraska Big Omaha is an annual conference that brings together the nation's most passionate members of the entrepreneurial community including founders, investors, and emerging leaders to build community, start conversation, and provide inspiration. A big thank you to our sponsors Sponsorship Opportunities Get Tickets View Speakers


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Nature, essential to our quality of life.
Berks Nature is a 501(c)(3) non-profit conservation organization that has been serving the Berks County community since 1974. For 41 years we were known as The Berks County Conservancy. While our name has changed, the quality and nature of our conservation projects remain the same. Land, water, trails, community gardens, education programs, State of the Environment, Eco-Camp, and our valued partnerships will continue. You will see this work reflected in the following sub-brands of Berks Nature as we move forward!
We welcome your involvement in many ways! Volunteer, Make a Donation, Learn about our Spread the Seeds of Conservation Campaign for The Nature Place, attend an upcoming event such as our State of the Environment in Berks Breakfast! Get involved today…help to protect nature and connect others to nature!
We Need Your Help!
To help address the environmental education needs in the community, Berks Nature plans to construct an aesthetically respectful, environmentally responsible, high-performance, green, sustainable education center in Angelica Park, City of Reading: The Nature Place. Our Spread the Seeds of Conservation Capital Campaign will enable the construction of The Nature Place. Thank you to all of our friends and members that have supported the Campaign to date.
We've been presented with a CHALLENGE! The Avenir Foundation has generously provided us with a $1.3 million challenge. For every dollar raised, they will match it with a dollar. So, your gift of any size will instantly be doubled! We have $718,095 left to raise to meet our goal by the end of the year. Please, help us meet our challenge and make your tax deductible gift today. Gifts of $1500 or more will be listed on a plaque in the new education center, and there are still naming opportunities available!


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Spring has sprung with its first blossom.
Simple, elegant and absolutely stunning. How active wear should be, am I right? With this Japanese inspired print, our latest LIMITED EDITION blossom print will keep you fresh and fun all spring long.
WHY YOU'LL LOVE THESETake your workout to a whole new level with our new Cross Back Performance Crop tops. Constructed of super high performance, thick, compression fabric with sorbtek moisture management that will help keep you cool, dry and comfortable. This supportive fabric will help hold you in all the right places with a racer back design for added support. Perfect for the Gym and Swim thanks to quick dry, double layered fabric.
- Supportive compression lycra
- LIMITED EDITION Gold Elastic
- Thick Elastic Back straps for style and Double Support
- High performance, thick compression fabric with sorbtek moisture management to keep you dry and cool
- Subtle shiny luxe finish that makes them suitable for the gym or the street
- Compliments all different body shapes and available in SIZE XSMALL right up to XXLARGE and custom if you're above or between
- Breathable and odour resistant
- Perfect for during and after pregnancy
- Ethically made in Australia
Fabric Specifications: 260 gsm, 75% Polyester Sorbtek, 25% Elastane.
Returns Policy
Here at Exoticathletica, we want you to be in love with your purchase!
If for any reason you have changed your mind and want to return your order, we offer a store credit for the item(s) you are returning and refunds in the case of faulty items.
Please note original shipping charges are non-refundable and the cost of the return is at your own cost.
You may return all items within 28 days of delivery for a store credit.
Exotic Custom orders can be altered within the 28 days, but can not be refunded unless decided by management.
You should expect to receive your store credit within 5 working days of returning your items.
All ready to ship in stock items will dispatch within 24-48 hours. If out of stock we will manufacture your gear to order with a current production time of 2-10 working days (depending on the product), and rest assured it is well worth the wait! All of our garments are designed and manufactured right here in Australia and nothing leaves our factory without our exotic seal of approval.
Thank you for supporting Australian manufacturing and women in business.
Once dispatched, EXPRESS delivery time via Australia Post is approximately 1-4 working days, regional areas may take longer. Please check your emails for your tracking number once shipped so you can monitor your delivery on auspost.com.au
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Once dispatched, EXPRESS delivery time via Australia Post is approximately 3-5 working days. Please check your emails for your tracking number once shipped so you can monitor your delivery on auspost.com.au
Once dispatched, EXPRESS delivery time is approximately 7-10 working days. Please check your emails for your tracking number once shipped so you can monitor your delivery on auspost.com.au
Duties and taxes may apply to international orders. Customs duties are not included in your order. You are liable to pay any inbound duties and taxes which your local customs authority deems appropriate.
Please note: countries from European Union have an extremely low threshold.


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'Fiscal restraint' watchwords at Toomey town hall meeting
The words 'fiscal restraint' were repeated often by U.S. Senator Pat Toomey (R-Pa.) at a town hall meeting held at the Red Fern in Fox Township Friday afternoon. Toomey, on a tour through Elk and several neighboring counties, held the town hall meeting to address the federal debt, jobs and the economy. The meeting did not focus as much on the local economy and jobs as it did on federal government spending and fiscal policies, with Toomey answering numerous questions from the audience of about 70 people and emphasizing a fiscal diet for the U.S. government throughout the event. "Ultimately, we've gotta cut spending," Toomey said. Toomey is one of the legislators on the bipartisan "supercommittee," which will hold its first meeting Sept. 8. The committee, established as part of the debt ceiling legislation passed this summer, will meet over a three-month period and is charged with coming up with at least $1.2 trillion in deficit cuts by mid-November. A failure to meet the goal will trigger sweeping cuts to Medicare and other federal programs. Toomey said he has presented his own budget plan that would do exactly that, but Senate Majority Leader Harry Reid (D-Nevada) would not allow it to come to the floor for a vote and that partisan politics is creating an impasse when it comes to enacting a sensible spending plan."The budget is the first step in the process of the annual spending bills. You set the total spending and then the annual appropriation bills, or spending bills, follow from the budget," Toomey said. "And in those appropriation bills, a guy like me would have an opportunity to go down to the Senate floor and offer an amendment that would say, for instance, that no funding from this bill may be used by the EPA (Environmental Protection Agency) to impose cap-and-trade, and I'd be happy do that. "I can't do that because there's no such appropriation bill. This is why it's maddening to me. This is why it's frustrating. We have a very dysfunctional Senate. We're not going through any sensible process that would allow me to to do exactly what you're calling for, which is to provide some check when an agency is running out of control." Asked about the Glass-Steagall Act, first enacted in 1933 for the purpose of separating investment and commercial banking activities and later repealed in 1999, Toomey emphasized he did not believe the repeal led to the more recent bank bailouts and other financial U.S. woes. "I strongly disagree with the notion that the repeal of the Glass-Steagall Act is what caused the financial crisis," Toomey said. "I think there's some people that do have that view; I think there's a very compelling body of evidence that suggests to the contrary. "It seems to me that the real problem at the end of the day is too much leverage and too little capital."He attributed the financial crisis of the past few years to a variety of which included people securing mortgages for houses that they could not afford "long before we repealed Glass-Steagall." "I think the fault of the financial crisis is in other areas," Toomey said. He said other factors were the federal government keeping interest rates too low for too long and helping to create a massive real estate bubble, and Congress requiring that Fannie Mae and Freddie Mac "lend more and more money to people who are less and less able to pay it back." "I think we had plenty of regulators that were asleep at the switch when these banks got way overly leveraged, but I don't think you can make the argument that because a commercial bank was also allowed to be in investment banking, that that was your problem," Toomey said. He said the Dodd-Frank Act, enacted in 2010, that implemented more oversight over financial agencies, "makes things worse, not better." Toomey said he feels overregulation from various federal agencies, especially the U.S. Department of Transportation and the EPA, make it expensive and prohibitive for companies to do business and stifle economic growth. He suggested one way to put the government back on a sure fiscal path would be to "push back on some of the regulatory excesses." As an example, he suggested the EPA should have to provide a report on how many jobs would be affected prior to issuing any new regulation. He also said current tax policies hamper job creation. "We impose the second-highest tax rate in the industrial world," Toomey said. Toomey said he felt current policy is going in the wrong direction.
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Font >> Display - Neultica 4F Dirty Black Italic 231249 by 4th february type foundry @ CreativeMarket
File Size: 1.43 MB; Vector: Yes.
Designer: Sergiy Tkachenko
Design date: 2011
Neultica 4F supports at least 128 languages listed below.
Afrikaans, Albanian, Alsatian, Aragonese, Arapaho, Aromanian, Arrernte, Asturian, Aymara, Basque, Belarusian (Lacinka), Bislama, Bosnian, Breton, Catalan, Cebuano, Chamorro, Cheyenne, Chichewa (Nyanja), Cimbrian, Corsican, Croatian, Cyrillic, Czech, Danish, Dutch, English, Esperanto, Estonian, Faroese, Fijian, Finnish, French, French Creole (Saint Lucia), Frisian, Friulian, Galician, Genoese, German, Gilbertese (Kiribati), Greenlandic, Haitian Creole, Hawaiian, Hiligaynon, Hmong, Hopi, Hungarian, Ibanag, Iloko (Ilokano), Indonesian, Interglossa (Glosa), Interlingua, Irish (Gaelic), Islandic, Istro-Romanian, Italian, JЁЁrriais, Kashubian, Kurdish (Kurmanji), Ladin, Latvian, Lithuanian, Lojban, Lombard, Low Saxon, Luxembourgian, Malagasy, Malay (Latinized), Maltese, Manx, Maori, Megleno-Romanian, Mohawk, Nahuatl, Norfolk/Pitcairnese, Northern Sotho (Pedi), Norwegian, Occitan, Oromo, Pangasinan, Papiamento, Piedmontese, Polish, Portuguese, Potawatomi, Quechua, Rhaeto-Romance, Romansh (Rumantsch), Rotokas, Sami (Inari), Sami (Lule), Samoan, Sardinian (Sardu), Scots (Gaelic), Serbian, Seychellois Creole (Seselwa), Shona, Sicilian, Slovak, Slovenian (Slovene), Somali, Southern Ndebele, Southern Sotho (Sesotho), Spanish, Swahili, Swati/Swazi, Swedish, Tagalog (Filipino/Pilipino), Tahitian, Tausug, Tetum (Tetun), Tok Pisin, Tongan (Faka-Tonga), Tswana, Turkish, Turkmen, Turkmen (Latinized), Tuvaluan, Uyghur (Latinized), Veps, VolapЁ№k, Votic (Latinized), Walloon, Warlpiri, Welsh, Xhosa, Yapese, Zulu
Full family http://crtv.mk/f01zL
Keywords: headline, cyrillic, rally, rust, rough.


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HOUSTON – With one swing of the bat in the first inning — on the first pitch of the game — Brad Miller got the Mariners' offense revving back up with a line-drive single.
With another swing of the bat in the sixth, Miller knocked another "first" off his to-do list — first major-league homer, a no-doubter off Bud Norris.
"He threw one in there and it felt pretty good; it felt really good,'' Miller said. "It felt pure. And I kind of blacked out there for a little bit."
He revived himself, and with another swing in the eighth, well, now Miller was just piling on to his breakout game. He launched a three-run homer that put a bow on the Mariners' 10-7 victory over the Houston Astros at Minute Maid Park.
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They've won four in a row, and have been putting up the sort of offensive prowess not seen from this ballclub in quite awhile. As much as the four home runs — Kyle Seager and Justin Smoak joined Miller — manager Eric Wedge was as pleased with the eight walks the Mariners drew, and the quality of their at-bats as they picked right up where they left off before the All-Star break.
"You look at the at-bats, the length of the at-bats, they're real, they're productive,'' Wedge said. "Even if one guy doesn't get it done, he's putting up hard-fought at-bats, and that's going to benefit the next guy. That's what good hitting clubs do, and we've been doing it for a little while."
That was exemplified by Mike Zunino, the only Mariners starter not to get a hit – but he walked three times.
"Everybody is just piecing good at-bats together, honestly, not trying to do too much,'' Miller said. "I don't know why but hitting is contagious. Guys have good at-bats, even if they don't get a hit necessarily and they hit a ball hard or make a loud out, it just sets the tone. The next guy up there has a little more confidence."
Seager's homer in the fourth extended his hitting streak to 15 games, longest current streak in the majors. It also gave the Mariners homers in 23 consecutive games, just four off the major-league record of the Rangers in 2002.
But this was Brad Miller's night, one that ended with him sopping wet from the traditional beer (and not-so-traditional Slurpee) shower.
"I'll do that all day,'' he grinned.
In addition to the three hits, and the five runs batted in, Miller also started a dazzling double play in the fourth inning. He ranged far to his left to grab a grounder by J.D. Martinez, flipped it from his glove to second baseman Nick Franklin, who made the turn to nip Martinez at first.
"I stretched out and I felt the only shot I had was to flip it,'' Miller said. "Franky barehanded it and we were able to turn it. That was pretty sweet."
And important, as Mariners starter Joe Saunders battled for his entire 51
3 innings and needed every out. The Astros followed with a single and triple to score a run, but the double play defused the rally.
"You don't know where that inning goes if that ball goes through right there,'' Wedge said.
Houston's Brandon Barnes had the aforementioned triple, part of his cycle, the first for the Astros since Luke Scott in 2006. Barnes wrapped up the cycle with a hustle double in the eighth, then added an infield single in the ninth to cap a 5-for-5 night.
Miller's second homer, off former Mariners first-round draft choice Josh Fields, gave the Mariners some breathing room. They needed it as the Astros rallied for three in the eighth to cut the lead to 9-6. Wedge called on Tom Wilhelmsen with two aboard, and he retired Chris Carter, the potential tying run, on a force out. Wilhelmsen completed his 20th save, after Smoak added a ninth-inning homer.
The second home run by Miller didn't clear the right-field wall by nearly as much as the first.
"I didn't see it originally off the bat. And then I saw (right fielder Justin) Maxwell turn,'' Miller said. "And I was like, gosh he's like 7 feet tall, he's about to do something. He was sizing up the wall. And I was like just go, just push. And luckily it was just out of his reach."


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The Sexiest Ad For a Bank EVER [VIDEO]
We hate going to the bank. Long lines. Crappy lollipops. Unstealable pens. Perhaps we are just using the wrong bank. Perhaps we just live in the wrong country.
According to this ad for Czech bank Komerční Banka, opening a checking account is almost as pleasurable as having an orgasm.That bank either offers an amazing interest rate or the most delicious lollipops ever. She looks like she is having the time of her life.
We'd like to open an account. Is there space on the floor of the bank were we can nap right afterward?
[Via Gawker]


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The Phillies' bats help to ease the return of Rodrigo Lopez to the Majors as the Phils routs the Mets, 7-2, regaining sole control of first place in the NL East.
The Phillies' offense scored seen runs in the first three innings, helping to ease Rodrigo Lopez's return to the major leagues as he pitched six shut out innings against the Mets as the Phils defeat their main rival in the East, 7-2. The win puts them in sole control of first place, a full game ahead of the Marlins who had lost to the Pirates.
The Phils took a quick 1-0 lead in the first as, with two men on base, and nobody out, Chase Utley hits an RBI single, knocking in Jimmy Rollins, who had earlier doubled, and then went on to third on Shane Victorino's single, while Victorino, who had earlier singled, would move on to third base. Three batters later, with the bases loaded, via a walk to Ryan Howard, which moved Utley up to second, and one out, Greg Dobbs hits a two-run single, scoring both Victorino and Utley, giving the Phils a 3-0 lead, while moving Howard up to second. The Phils would make it 4-0 in the second as, with a runner on third, and one out, Utley hits a sacrifice fly, scoring Victorino, who had earlier tripled. The Phils would bust the game open in the third as Jayson Werth started the inning off with a lead-off home run, his sixteenth home run of the year, giving the Phils a 5-0 lead. Five batters later, with runners on second and third, and two men out, Rollins hits a two-run double, knocking in Pedro Feliz, who had earlier singled, and had gone to third on Paul Bako's double, and Bako, who had earlier doubled, making it a 7-0 Phils' lead. That would be the last run to be scored by the Phils, as the Mets' starter, Livan Hernandez, would be taking out in the fourth after loading up the bases, and the Mets' bullpen would not give up a hit to the Phils until the eighth inning. In the meantime, the Phils' starter, Rodrigo Lopez, making his first major league start since 2007, was having his way with the Mets, shutting them out for the first six innings, giving up only three hits and a walk before the seventh inning. In that inning, the Mets would finally get on the board as, with one man on, and one man out, Nick Evans hits an RBI double, knocking in Ryan Church, who had earlier doubled, making it a 7-1 Phils' lead. The next batter, Brian Schneider hits an RBI ground-rule double, thanks to fan interference, scoring Evans from second base, cutting the Phils' lead down to 7-2. Charlie Manuel then came out and replaced Lopez with Chan Ho Parks, as Lopez left to an obvation from the fans. Park proceeded to end the Mets' threat with two straight strikeouts, before pitching a scoreless eighth inning. Ryan Madson then came in the ninth, pitching a 1-2-3 inning, helped by a catch of Schneider's liner to left by John Mayberry, Jr. for the inning's second out.
Rodrigo Lopez got the win, as he pitched six and a third innings, giving up just two runs on six hits and a walk, while he struck out four. His record is 1-0 with a 2.84 ERA. Chan Ho Park pitched one and two-thirds scoreless innings, giving up just a hit and a walk, while striking out two. Ryan Madson pitched a 1-2-3 ninth. Livan Hernandez took the lost, as he went three innings plus three batters, giving up all seven runs on ten hits and four walks, while only striking out two. His record is now 5-4 with a 4.56 ERA. Pat Misch, Bobby Parnell and Elmer Dessens pitched five scoreless innings, giving up only one hit (Dessens) and a walk (Misch), while striking out four batters (Misch (3), Parnell (1)) between them.
The Phils' bats had eleven hits in the game, with Victorino leading the team with three hits, raising his batting average to .299. He was followed by Jimmy Rollins (who appears to be getting his grove back) and Chase Utley, with both men having two hits, as they both knocked in two runs. Jayson Werth, Greg Dobbs, Pedro Feliz and Paul Bako had the other four Phils' hits, with Werth's hit being a solo home run. Greg Dobbs knocked in the other two Phils' runs. After being keep in check by the Braves' pitching staff, the Phils' bats erupted for ten hits and seven runs in the first four innings before they were finally stopped by the Mets' bullpen. Hopefully they can do the same to tonight's Mets' starter.
The Phillies (40-37, 1st) continue their three-games series with the Mets (39-40, 3rd) today with an afternoon game. The game will be played at Citizens Bank Park and it will start at 4:05 pm and it will be nationally televised by Fox Sports. The Phils will send to the mound Jamie Moyer (6-6, 6.05) who is coming off a win against the Blue Jays on June 28, pitching five innings, giving up four runs on five hits and two walks, while striking out four, in the Phils' 5-4 win, as he won his 252nd career victory in his long career. He will be trying to become the Phils' first seven game winner. The Mets will oppose him with Fernando Nieve (3-1, 2.25), who is coming off a lost against the Brewers on June 28, as he pitched only three and one-thirds innings, giving up three runs on eleven hits and one walk, while striking out only one batter, in the Mets' 4-2 lost. He will be trying to get back on the winning track. The Phils will be going for their first home series win against a team that is not named the Nationals, while doing so before a national audience.


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Hawks F Josh Smith misses practice with sprained right ankle; team hopeful he can go in Game 2
ATLANTA – Atlanta Hawks forward Josh Smith has missed practice because of a sprained right ankle.
Smith received treatment on the ankle Monday and the team is hopeful he will be able to go in Game 2 against Indiana on Wednesday. The Pacers won the opener.
Coach Larry Drew says Smith sustained the injury late in Game 1. He scored 15 points and grabbed eight rebounds in Atlanta's 107-90 defeat.


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Follow RFF News on your cell phone. Text follow rff to 40404 you will receive txt messages with RFF News
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kevint2010,It is fine for you to root for Mark and Bopper, but do you have to do it Rachel and David's thread? You should know how inappropriate that it. Please change your post here into nvm or anything equivalent and place the deleted post into the Mark and Bopper thread where it belongs.
Kevin:Yes we can and I apologize. I did not distinguish between your legitimate comments on Rachel and David and the tagline on Mark and Bopper. Any tagline is allowed anywhere, so the only person who did something wrong was me in criticizing you.
Their bickering seems to have a bitter undercurrent to it which makes it less entertaining to me than some of the other couples who can just seem silly and funny.
Prophet,I think Brendon and Rachel and Vanessa and Ralph are giving Rachel and David pretty good competition for the "bitterest team" trophy.
Quote from: starrynight on March 20, 2012, 11:20:18 AMTheir bickering seems to have a bitter undercurrent to it which makes it less entertaining to me than some of the other couples who can just seem silly and funny.They're probably less used to being on television than people who have nothing to do besides go on reality shows. to RFF!
Quite impressed that Dave actually knew where Azerbaijan was located, unlike almost everyone else.
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Style # 224122
Dress up any bottom with this bebe cropped surplice top, featuring exposed metal zippers on the sleeves. Pair with studded booties and chain duster earrings for an evening on the town.
- 95% polyester, 5% spandex
- Hand wash
- Imported
- Center back to hem: 16" (41 cm)
- Model is 5'9" and is wearing a US size S
Cropped Long Sleeve Surplice is rated out of 5 by 2.
Rated 4 out of 5 by ChicBelle from Cute Blouse! This blouse is really cute!! Pair it with a high waist skirt and you have a super cute outfit for a night out. Also, the zippers on the sleeves add an additional cute factor to the blouse.
Date published: 2014-03-18
Rated 5 out of 5 by cme1028 from Classic, beautiful shirt I purchased the shirt in black. It is great material, well made and love the zip detail on the sleeves. I can't wait to pair it with high waisted skirts and pants!
Date published: 2013-12-07


text: Find this wine Find this wine Yalumba Viognier 2011 Viognet w/ honeysuckle, balanced acidity... Pin It Tweet 5 years ago by Luvncallen More posts Yalumba Viognier 2013 Hints of honeysuckle, lemon, and lychees. On the dry-er side, crisp. Not very sweet. 4 years ago by Cole_Re Yalumba viognier Fruity scent, subtle taste 4 years ago by Cara C. Yalumba Shiraz Viognier 2011 A gentle wine with a lot of flavor. Smooth and fruity 4 years ago by Mccrayrn Yalumba Shiraz Viognier 2011 @Cost Plus - Learn to love red, step two; Ron said "alright", prefers the Wise & Heimer 4 years ago by Cspratlen Yalumba Shiraz Viognier 2011 south Australia Well balanced. Wow. 9.99 5 years ago by Cassidychuck