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As the month of May rolled in, the 58th became more engaged with the enemy. May 1st is a big holiday in Germany and some kind of action was expected. The Battalion was stationed in the front lines of Sanctuary Wood. It was quiet in the morning, but the Germans commenced shelling of the Strong Points and communication trenches in the afternoon. At 6:30 in the evening the began to launch mortar shells into the frontline trenches. Considerable damage was done to those trenches. At 8:15, the enemy was seen leaving their trenches and heading over No Man's Land toward the 58th. The Germans were at a disadvantage as they were heading into the setting sun, hampering their forward vision. The 58th opened fire and drove the Hun back to their trenches, inflicting considerable losses on them.
The remainder of the week was comparatively uneventful. There was sporadic exchange of gunfire and artillery resulting in the loss of some lives and many injuries. Below is the War Diary entries for May 1 through the 11th. The Adjutant, Capt. McKeand, now had a typewriter to work with.
On the 10th the Battalion was inspected by Brigadier General Thompson of the 9th Brigade. Two days later, when the 58th was back of the lines, they played another football match, this time against the 52nd Battalion. The result was a 3 – 0 victory for our boys. They stayed behind the lines until the 22nd of May. On the 23rd, they relieved the 43rd on the front lines. The Germans shelled them heavily on every day until the 29th, resulting in many casualties and deaths. The 58th was getting a taste of their own blood.
On the last day of May, the Battalion headed back to Camp C. Time for some much deserved rest. We will see what June holds…


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xxl Click above for XXL image
A small Bornean species that dwells in the understorey of rainforests. It sports a short, solitary stem and a small crown of circular leaves, each one split into about fifteen narrow segments. A pretty and rare palm of interest mainly to the avid collector.
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plant cultivation comments by our visitors
Also see germination commnets above.
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If you wish to read more on palm cultivation, we highly recommend Ornamental Palm Horticulture
by Timothy K. Broschat and Alan W. Meerow, available in our bookshop.
Ratings and comments reflect individual experiences and the views of our visitors. They do not necessarily describe the most
appropriate methods, nor are they necessarily valid for all seeds or plants of this species. Germination and plant cultivation
success depends on many different factors; nevertheless, these experiences will hopefully aid you in your effort to get the
best germination results from our seeds and the best growth results from your plants.

subset: commoncrawl


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St. Petersburg is laid out on 42 islands and crossed by the Neva river and other canals. So it is only natural that they have a lot of bridges to connect all these islands. There are 342 bridges to be exact.
22 of these bridges are drawn during the navigation season from April to November, to let ships pass in and out of the Baltic Sea into the Volga-Baltic waterway system.
Usually we see all these drawbridges in movies, at the entrance of the castles.
But that is a small one. These drawbridges in St. Petersburg, my friends, are big. Most of them are part of the main roads in the city. So I was very eager to see how these bridges are being drawn.
My sisters and I went sightseeing and walked over Palace Bridge in front of The Winter Palace but we couldn't see any signs showing that the bridge can be drawn.
Okay there are a few signs.
But I think they are unconvincing. haha... The gap doesn't look wide enough for the bridge to open.
So that night, we (and hoards of other tourists) waited eagerly along the Neva river, stayed up to catch the first bridge to open at 1.25am.
So that night, we (and hoards of other tourists) waited eagerly along the Neva river, stayed up to catch the first bridge to open at 1.25am.
When the bridge started to move upward, everybody cheered and clapped.
What amazed me was that the drawing was quite fast.
Watch my video. The video's duration is 3:31 and the bridge was completely drawn by the end of it. So, the process is less than 5 minutes!
They change colors too. hehehe...
These bridges will stay opened for a certain period of time. A calculated schedule with precise time of consecutive opening and closing for each bridge is maintained to guarantee passage of cargo ships and tankers at a precisely controlled speed.
Trinity Bridge
Oh yeah... if you plan to watch it yourself, I know you'll be excited but do remember to be on the right side of the river ok. Unless you wanna swim across the river back to your hotel? Because the bridge will not be closed back until hours later.
If the opening is interesting, even more interesting is when they are closing back. People said the cars on both sides start going just like the starting of an F1 race.
Too bad I didn't get to watch it. The Palace Bridge will only be closed back at 4.55am. Tak larat nak tunggu -_-


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Not known Factual Statements About ADHDStimulant medications don't get the job done for everybody with ADHD. Nonstimulant medicines could be prescribed for men and women older than 6. These contain:
It's more popular in boys than in women. It's normally uncovered over the early school years, when a youngster commences to own issues paying attention. Study Article
Because they get older, some teens who've experienced the ailment due to the fact childhood may have intervals of anxiety or despair.
ADHD signs or symptoms can surface as early as between the ages of three and six and will keep on as a result of adolescence and adulthood. Symptoms of ADHD is often mistaken for emotional or disciplinary troubles or missed completely in tranquil, properly-behaved young children, resulting in a delay in analysis.
Alternatives to start with involve receiving your child into therapy, applying a greater diet and exercise strategy, and modifying the home atmosphere to attenuate distractions.
Disruptions in serotonin stages and activity may also Participate in a task, especially in impacting the modulation and regulation with the dopamine program.
The initial step to pursuing lodging is to examine with on the school and Business office protocols, read up with your legal rights beneath the regulation, and look at neuropsychological tests, which may be needed for acceptance.
Social conversation will help beat back despair and pressure, both of those of which could add to memory loss. Hunt for opportunities to acquire along with loved ones, good friends and Other individuals — especially if you live by itself.
Think of what The college placing requires young children to do: Sit continue to. Pay attention quietly. Listen. Follow Guidance. Focus. These are the really points Children with ADHD have a hard time undertaking—not mainly because they aren't prepared, but due to the fact their brains won't let them.
The names of varied diagnoses have transformed over time in by as number of revisions on the handbook as research has improved and new facts has arrive at gentle.
Based on the fifth Model of your Diagnostic and Statistical Handbook of Psychological Disorders (DSM-five), signs and symptoms has to be current for six months or more to the degree that is way bigger than others of the identical age[2] and they must lead to important troubles working in at the least two options (e.
Dietary modifications may be of benefit to a small proportion of kids with ADHD.[186] A 2013 meta-Evaluation uncovered lower than a third of youngsters with ADHD see some improvement in signs and symptoms with cost-free fatty acid supplementation you can look here or decreased ingesting of synthetic food coloring.[102] These Positive aspects may very well be limited to little ones with foods sensitivities or those people who are simultaneously currently being taken care of with ADHD remedies.[102] This evaluation also observed that evidence will not assist taking away other foods through the food plan to treat ADHD.[102] A 2014 review discovered that an elimination eating plan ends in a little Total gain.[105] A 2016 critique mentioned that the usage of a gluten-cost-free diet as conventional ADHD treatment is discouraged.
Exploration has proven that Grown ups who ended up diagnosed with ADHD are around four times additional more likely to die at an early age. This may be because of the dangerous behaviors in some cases engaged in by People Using the ailment or it might be due to their greater propensity to possess mishaps.
Brain diseases. A tumor or an infection from the Mind could cause memory complications or other dementia-like indications.


text: I can spend hours looking through random pictures on Reddit. Some are more interesting than others, but my all time favorite pastime activity is their "AWW" sub. These are just some examples of what you can find on that site. I love puppies and if I weren't allergic I would own a welsh corgi for sure! They are sooo cute :)


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Urban Outfitters
Jacksonville Town Center
4791 River City Dr
Jacksonville, FL 32246
(904) 564-4226
Urban Outfitters Jacksonville Town Center has been described as stylish, kitschy, sexy, hip, for example, T-shirts emblazoned with the words "RAGE" or "Atari." Urban Outfitters are known for catering to "hipster" culture and fashion, which incorporates an influence from past decades. Urban Outfitters' Jacksonville established ability to understand their customers and connect with those hipsters on a totally emo level.
Urban Outfitters Jacksonville Town Center offers a differential shopping experience, which creates an emotional bond with the 18 to 30 year old target customer they serve. Urban Outfitters Jacksonville goal is to offer a product assortment and an environment so compelling and distinctive that the customer feels an empathetic connection to the brand and is persuaded to buy.
Shop women's bags, jewelry & hair accessories at Urban Outfitters.com. Find hot looks in leather totes, printed headwraps & vintage style sunglasses.


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By 2018, the industrial machine vision market will reach nearly $2B!Total industrial machine vision sales accounted for 1.2M cameras in 2012, a number expected to reach $2B in 2018, at an 8% CAGR. After moderate 1% growth in 2012 (a reflection of the economic downturn facing the global industry), an upturn is expected in the future, thanks to the automatization trend in Asian factories, new capital expenditures in the semiconductor industry and the emergence of new low-end applications. Growth in the low-end segments will be driven by strong price erosion stemming from the commoditization of machine vision subsystems.Machine vision players' main challenge will be how to gain market share in the dynamic low-end market segments while maintaining sustainable profitability.Currently, adjacent non-industrial applications are expected to burgeon at a double-digit rate, driving future growth.This report includes market insights in the form of units & revenue for market segments in both industrial and non-industrial machine vision. Industrial machine vision market forecasts are realized for 2013-2018 and include industrial cameras, smart cameras and vision sensors.
Fragmented shares will fuel market consolidationMachine vision applications' complex diversity resulted in the emergence of a multitude of small machine vision camera manufacturers. Consequently, the machine vision market is very fragmented at the camera level. On the flip side, the machine vision image sensor market is quite concentrated due to the presence of strong technical know-how necessary for designing to a specific sensor.
From a technological standpoint, industrial machine vision is mostly characterized by incremental innovations: subsystem manufacturers increasing resolution, frame rate and subsystem capacity. The market's technological maturity makes disruptive innovation challenging, and minimizes any unique selling proposition.The combination of high fragmentation and limited product differentiation has led the machine vision market to unavoidable commoditization, driven by strong price competition from companies like Point Grey Research and Basler. Now that the market has attained significant manufacturing volume, it's highly probable that a consolidation will occur at the low-end through successive acquisitions by market leaders strategically positioned there. In this report you'll enjoy a detailed analysis of the machine vision value chain and supply chain, along with market share at both image sensor and subsystem level.
The report provides:


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There is a tradition here in the Petoskey area that will at first seem a puzzler to newcomers -- long lines of people trudging out onto the frozen surface of Little Traverse Bay to stare for a few moments into a shrouded hole in the ice.
What could these folks be doing?
They're participating in one of those hometown rites which locals might take for granted but which deserve some explanation -- and some thanks to those who make it happen.
You don't have to be Christian to appreciate the eerie beauty of Petoskey's underwater crucifix sculpture. Each year when the bay freezes solid enough, a group of area scuba enthusiasts prep a hole in the ice, clean up the monument and set up a viewing station allowing ordinary folks without diving experience or water access to share extraordinary sight.
Northern Michigan is extremely lucky to have men such as Dennis Jessick of Harbor Springs, Rick Hoig of Pellston and all their cold-water diving cohorts who make this unique tradition up here possible.
The life-sized white Italian marble crucifix has lain submerged in Little Traverse Bay almost 50 years. It was placed in the waters off Petoskey's breakwater by a diving club -- with the help of U.S. Coast Guard Icebreaker Sundew -- as a diving memorial and to others who have lost their lives in water-related accidents. (The sculpture's origin stems from a family ordering it made in memory of their son, but found the crucifix unacceptable because it was damaged in shipping.) The sculpture was moved to its present position a little closer to shore in the early 1980s.
The winter viewing event originated with a now-defunct local diving club in which Jessick was involved. With few diving opportunities available during the winter, Jessick said a public viewing of the memorial was conceived as an activity which the club could take part in at that time of year.
The crucifix viewing first took place in 1986, and has occurred in at least 20 of the subsequent years. It all depends on the ice conditions. The highest attendance ever recorded for one of the viewings was about 1,800 people, Jessick said.
Jessick and friends have continued the tradition and kept the viewing event going all these years. This year, he and Hoig were assisted at the March 2 event by Jessick's wife, Susan; Hoig's son, Eric; and a friend and fellow diver, Alan Kolinski.
So thanks go out to Jessick and his crew, who help Northern Michigan residents experience something different and distinct to the area. Without their efforts, the memorial and public opportunity to see it simply would fade away.a


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I received an invitation from one of my blogger friends, Diana Raymond to attend a food-tasting session on Ricciotti Cafe @ The Star Vista. Not only that, I also went there with Tselyn, Mr. Loh (Val's father) and Luther (Diana's husband).
I was having some difficulty to find the cafe as this was my 1st time to visit Star Vista.
About Ricciotti Pte Ltd
Ricciotti Pizza Pasta & Deli was unveiled at The River-walk in 2004 with an aim to be the destination of choice for authentic yet affordable Italian gourmet food and pastries in Singapore. Popular among locals and expatriates alike, a second outlet was opened at China Square Central a year later.
In coherence with the opening of its third outlet at Star Vista, Ricciotti Pizza Pasta & Deli officially went through significant changes to bring its customers a new dining experience. Now known as Ricciotti Pizza Pasta Grill, the new contemporary, rustic and industrial design of its outlets would exude and reflect the concept of a true home-style Italian meal- steeped in warmth and comfort.
|Official Homepage of Ricciotti
The food at Ricciotti stays true to its Italian flavors and is presented in an unpretentious and simple manner. Sharing is an important feature of the traditional Italian culture – be it sharing pastas, pizzas or even mussels. It is the tradition of sharing which reflects the warmth of eating Italian food, making the "cucina nostrana" dining experience thoroughly unique in a metropolitan setting.
The complete name of the restaurant is Ricciotti Pizza Pasta Grill. Ricciotti is pronounced as REE-CHORE-TEE, derived from the famous ancient Biblical scholar and archaeologist in the early 1900s, conveying the importance of Italian rich culture and history at the restaurant.
Their menu comprises of the widest variety of original Italian specialties including our new addition – COZZE, fresh black mussels with toasted garlic bread and GRILL items such as boneless chicken, pork ribs, grilled salmon fillet, sirloin steak etc. Also not forgetting their signature best sellers - LINGUINE AL GRANCHIO, Linguine with crab meat in creamy tomato sauce and their mouthwatering pizzas such as PIZZOTTO, pizza with bacon, mushrooms, egg, pomodoro and mozzarella.
|Ricciotti's Official Menu Website
Ricciotti River-walk is located at one of the most exclusive stretches of the Singapore River where customers can enjoy a relaxing and laid‐back dining experience away from the hustle and bustle of the city. Yet with its close proximity to Clarke Quay and City Hall MRT stations, it is an accessible place where our customers can always enjoy authentic Italian food and great company.
Ricciotti China Square Central often bustles with the working crowd from nearby offices during lunch on weekdays; while in the evenings and on weekends, the pace slows down and it is an ideal place for customers who are looking for a spot to chill‐out and relax away from the crowd.
Ricciotti Star Vista captures a contemporary and warm ambiance while diners enter the restaurant from the bar to the restaurant. The dining area of red and brown features a graphic-illustrated wall mural at the end of the room depicting the history, culture and progression of Italy.
Chef Profile: Executive Chef Gero Dimaria
Born: London, U.K in 1974
Home: Singapore
School: Redhill Culinary College
Inspiration: Original Authentic Italian Cuisine
Favourite Kitchen Tools: Knives
Favourite Cooking Process: Grilling
Other Passions: Travel, Cars, Sports
Favorite Dish to Cook At Home: Spaghetti Vongole
Any Favorite Ingredients: Pasta
What makes for success: "Never consider yourself the best!"
Born in the United Kingdom into a traditional Italian family with a love of food, it is no surprise that Executive Chef of Ricciotti Gero Dimaria grew up with the same love of good food and an avid interest in cooking. After obtaining his qualifications in Catering & Hospitality at the Red-hill City and Guilds of London, he set out to begin his career as an Italian Chef.
Chef Gero worked his way up the ranks in various restaurants in the UK such as the prestigious Kingswood Golf Club before being scouted by Slight & Allen to helm the kitchen at New Malden Golf Club. However, he wants to achieve more and set his future sights on Singapore in late 1995. He secured the position of Restaurant Chef at Pasta Fresca where he gained many valuable experiences. He then became Head Chef at Senso, Porta Portese Pte Ltd and Da Paolo respectively before joining Ricciotti in 2006. Since then, he has wowed customers with his extraordinary culinary skills.
|Picture took by a blogger friend, Tselyn
His style of cooking – simple and light, as well as his ability to transform simple ingredients into exquisite tasting Italian fare has been much appreciated by customers, as well as his customary twinkle and good humor. He can always cook up a mean dish of Spaghetti Vongole and considers celebrity chef Jamie Oliver to be his inspiration.
"The information about Ricciotti and Chef's profile & description are kindly provided and sponsored from the marketing manager of Ricciotti, Lim Jia Wei".
After the detailed introduction about Ricciotti and their chef, let's begin the food tasting session that I have experienced, alongside with the other 4 bloggers.
It was not enough for me to taste the other 2 flavors ~ what I consume were tomato (extremely freshly) and tuna (borrowed from Tselyn ~ was equally awesome and juicy)
List of Bruschetta and each of their flavor & ingredients
mixed bruschetta platter containing pomodoro, funghi and salmon
parma ham, rucola, shaved parmesan
salmon, cherry potato, gherkins, rucola
mushrooms, shaved parmesan and scented with truffle
fresh tomatoes with basil, italian parsley and extra virgin olive oil
garlic, parsley and extra virgin olive oil
I never tried this dish ... so it's difficult for me to rate it. However, seeing the rest of my female friends were enjoying at that time ~ I assume it must be very good !!
|Ricciotti Salad
(mixed greens, pork bacon, grilled bell pepper, shaved parmesan cheese)
Fresh black mussels with toasted garlic bread
The sauce in the pot of mussels can choose 3 different types from the menu: Marinara (tomato sauce); Bianco (white wine sauce); Rosa (tomato and cream sauce). The pot we took was containing bianco ~ no wonder it was so marvelous and fantastic !!
|LOL: Tselyn gave a "peace" while I was taking the picture of this dish !!
This is the Italian snack ~ one of the famous dish in Ricciotti
Don't judge by its round ball by its cover !! It contains heated and awesome ingredients inside for you to discover its secrets, plus it was very hot (cos the skin is cold on the outside, so I ate it without much hesitation ~ haha !! = =")
|SUPPLI (rice balls stuffed with beef ragu and mozzarella)
|PIZZOTTO (baron, mushrooms, egg, pomodoro, mozzarella)
|REGINA-MARGHERITA (fresh tomato, pomodoro, basil, mozzarella)
These 2 grill dishes are the 2 main favorite that I like so far ~ especially the grilled salmon fillet .. It contains the freshness of tasty meat that once you take one bite, it can lead you to the Italian heaven that only their cafe serves the best grilled salmon ever than any other Japanese restaurants had to offer in other places. Not only that, the lemon juice that dropped on both grilled dishes helps to bring out the pleasant savory flavor to its fullest. (Recommend ~ definitely must try !!)
This dish is made of spaghetti with basil pesto, sundried tomato and french beans. I was surprised at how small it was from the look of it. However, when I get to taste it with my legendary taste-bud my tongue gave me a signal that this is not a normal pasta. The spaghetti was very "Q" and able to melt within all my surrounding of my tongue and its smooth texture just want to make your heart to be melted even deeper. In addition, this dish is also chef's favorite signature dish ever !!
sweet pizza - main signature dish of Ricciotti Cafe
This is the main dessert of Ricciotti ~ highly recommended by the chef himself. This is my 1st time to see a sweet pizza and I really vow to myself that I have not seen anything like this before :-)
|CANNELLA (cinnamon sugar with mascarpone and raisins)
When I tasted a share from this sweet pizza with my legendary taste-bud, I immediately emerged into a scenery ~ another dimension of the world. It was a snowy place filled with eye-candy and the sweetness just filled within the air. I could sense the sweetness of my tongue melted with my saliva while my teeth was crunching the texture surface of the pizza. It was a fantastic experience and you should definitely give a shot for this dessert ~ Cannella !! <3
|A small cup of Cappuccino helps to summarize up the whole session of the day :-)
Here is the overall rating that I gave to this food tasting session: 9 out of 10 !!
Before we ended our session, here are some photos that I took with my blogger friends as well as the chef and the marketing manager. :-)
Credit: pictures taken from Tselyn's blog !!
|Mr. Lim Jia Wei was telling the story while we were listening attentively ,
but I was doing my job as a professional food blogger !! :-P
|I was busy taking my pizza ~
|Tselyn and I
|Genting Group (Awana Resort Genting)
Last but not least, here is the group photo to conclude this post !!
I personally recommend this cafe to your friends and families to have a try on all of their dishes, besides the ones that I mentioned & ranked.


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Well I've finally got started doing some layouts of the photos from my son's wedding in June. This layout is of my my daughter-in-law checking out her hair while getting ready the morning of the wedding. I was so happy that the photographer took the photo of her hair as the hairdresser just did a beautiful job on it. I've used the Kaisercrafts "Sage & Grace" paper collection for this layout and Petaloo's "Botanica" flowers for the layout, the colors went perfect with the photos! Here's the finished layout.
Have a great day everyone!
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Well good evening friends, followers, fans…recently I have been quite ill. I've had a few weird medical things where my beloved body has decided to turn against me and the doctor, experimenting with different illnesses I may or may not have has had me on a plethora of antibiotics. As someone who barely gets sick and absolutely refuses to go to the doctor unless it's the last possible option…you could say I am rather inconvenienced by the hurdles that are currently plaguing my life.
In spite of this, I can be thankful. I have been inspired to commence a new project that will be interesting, purposeful and hopefully rejuvenate my body so it may return to functioning at its absolute optimum ability.
I am choosing to reveal very little regarding the details of this little project of mine, and perhaps will not be able to share for at least six months. I will tell you that I plan to create a mini video series from my research and findings to ideally inspire and enlighten audiences with my discoveries.
On another note, I am finally going overseas again…AT LONG LAST! I have booked a week long ski holiday for the first week of September in New Zealand. So prepare yourselves for some absolutely stunning photos of Queenstown and some epic, probably comedic, tales of me learning to ski.
As for me, I'm off to get dressed and go dancing, fuelled by soda water and lime in my antibiotic state.


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Actress and singer Bella Thorne recently showed off her extremely toned abs in a crop top, and figure hugging leggings as she got back on the Pilates wagon following the Christmas festivities.
The popular 19-year-old actress was pictured enjoying a Pilates class with a group of friends, and her sister Dani, at Carrie's Pilates studio in Los Angeles.
Despite being casually dressed in a woollen hat, purple leggings and a matching purple crop top, the red head looked extremely stunning, as she exposed her very toned midriff to onlookers.
The ex-Disney star was spotted working out on the Pilates reformer machines and was even seen wiping down the machines following what was obviously a very intense Pilates session.
As the group left the Pilates studio, one of Thorne's friends, who was dressed from head to toe in red, kissed the starlet on her cheek.
Bella has recently been speaking to the media in order to refute reports that she cheated on Tyler Posey with Charlie Puth, a singer, insisting at the time that she has been single for 'two weeks.'
Addressing the controversy, she also took the time to tweet:
"Ty and I have been broken up for like over two weeks and Charlie and I AREN'T DATING we are friends. That article was written forever ago."
The talented singer, model, and actress sparked gossip that she was dating Puth after the pair were spotted looking intimate together, prompting all manner of speculation from fans and the press.


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Rough Pants
The pants are available in a women model and a men model and in the colour olive green and dark grey.
The pictures are only on men pants but the colour is the same on women and men's pants.
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- Rough Pant Olive Green Men€90.00
- Rough Pants Dark Grey Men€90.00
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Get in Touch
18550 SW Kinnaman Rd.Beaverton, OR 97078(503) 356-2760 Main Office(503) 356-2761 Attendance Line
Who should seek advice from their Guidance Counselor?
All students! Every student at Aloha High School is a valuable part of this community. It is our goal to help you reach your full potential by helping you explore the many programs and opportunities that are available to you, both during your high school years and the years that immediately follow. By allowing us to get to know you early on, we can help you stay on track and make any necessary adjustments along the way to ensure success.
Besides helping to plan the daily academic schedule, what other programs can a Guidance Counselor help with?
There are a lot of options out there, both within and outside of the Beaverton School District. We can help you get connected with programs like Outdoor School, Health Careers, GED programs, and many others.
What about post-high school plans? Should I wait until my Junior or Senior year to start thinking about that?
No! You should start thinking about this right away! Whether you have your sights set on going to college or entering the military, you can take steps as early as your freshman year to get you on the best track to your post-high school goals. BSD offers post-high school planning nights for each grade level throughout the year (click here for schedule). Aloha's counselors meet with Juniors and Seniors each year to offer guidance in the post-high school planning process. We are also pleased to have Lisa Brennan as an expert resource for college planning, scholarship information, and assistance with other related maters such as the FAFSA.
What if issues in my personal life seem to be affecting my grades? Is there anything you can do to help?
Absolutely. We care about you as a whole person, not just your grades. Of course, we want to see you be successful, so we are here to listen and work with you and your family, if necessary, to formulate a "game plan" that will keep you on a positive track. We can also help connect you with community resources.
When can I visit my counselor?
Counselors are available on a "drop-in" basis before school, during student lunches, and after school. Students may also schedule a 5 or 10-minute appointment with their counselor during the student's lunch time. Students with appointments are given priority.
Who are the Guidance Counselors at Aloha and do they have any specific areas they focus in? How do I know which counselor to see?
Currently at Aloha we have five Guidance Counselors. Their student caseloads are assigned as a section of the alphabet, by students' last names. Each counselor also has a variety of areas on which they focus. It's possible that students may get to know more than one counselor, depending on his/her needs and interests.
Aloha also has a full-time Resource Counselor and other specialists who comprise our counseling team. Click here to view all members, titles, and areas of service.
Concerned about your students' academic progress?
Didn't get your students' report card? Your student may have an outstanding fine, or we may have an incorrect address.
How can a student make-up or earn extra credits?
Can I request homework? If your student has been absent for three or more days:
Nondiscrimination Policy • CTE Program Statement
© 2013 Beaverton School District


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- elissiaAsked on June 25, 2014 at 09:31 AM
- JotForm SupportdavidAnswered on June 25, 2014 at 12:28 PM
Unfortunately the 100 free submissions are per account, not per form. You can easily upgrade your account if you need the extra space and we will send you an email when you are getting close to your account limits. Here are our subscription packages just in case you'd like to have a look.
Please let us know if there is anything else we can assist you with and we will be happy to help.
Thank you for using Jotform!


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Trial Profile
A multicenter double-blind, randomized, placebo-controlled, flexible-dosed, parallel-group study of aripiprazole flexibly dosed in the treatment of children and adolescents with autistic disorder (AD)
Phase of Trial: Phase III
Latest Information Update: 12 Apr 2017
At a glance
- Drugs Aripiprazole (Primary)
- Indications Autistic disorder
- Focus Adverse reactions; Registrational; Therapeutic Use
- Sponsors Bristol-Myers Squibb; Otsuka Pharmaceutical Development & Commercialization
- 01 Dec 2009 Results were published in Pediatrics.
- 01 Dec 2009 Primary endpoint 'Aberrant Behavior Checklist' has been met.
- 21 Nov 2009 Based on data from this and another phase III study (CTP 700016586), the U.S. FDA has approved aripiprazole for the treatment of irritability associated with autistic disorder in paediatric patients (ages 6 to 17 years).
Most Recent Events
Table of Contents
- At a glance
- Trial Overview
- Trial Details
- Interventions
- Results
- Authors
- Trial Centres
- Trial History
- References


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New Zealand could have a new flag by 2017, and all New Zealanders would be able to vote on the matter and submit design proposals.
On 11 March in the Hunter Council Chamber, John Key announced plans to hold a referendum on whether to keep or replace the current flag.
He suggested a two-stage referendum be held in the next parliamentary term, provided that the National Government is re-elected.
Firstly, a new flag design would be voted on from three or four options. Next, the public would vote to either introduce the winning design or keep the existing flag.
Labour and the Greens would both support a referendum on the flag, but David Cunliffe has questioned the timing of the announcement.
He said that Key's timing "shows that he's keen not to talk about the issues that really matter to New Zealanders."
Key said the current flag reflects a colonial era, "whose time has passed," and a new flag should be introduced to reflect "the evolution of modern New Zealand".
However, he remains in favour of New Zealand's ties to the monarchy.
"Our status as a constitutional monarchy continues to serve us well."


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A quick Google search will reveal a plethora of providers offering courses in Time Management. Their content will include enabling you to create effective 'to do' lists, prioritisation and avoiding procrastination. However, if we're honest, most of us know how to do this stuff. Despite this, it is a virtual certainty that any manager you care to talk to will describe themselves as being overloaded and unable to fit everything they need to into their day. However, the problem doesn't really lie with our ability to manage time, but in our ability to manage ourselves.
Our skill in improving the way we work is a life long journey. As we change organisations or roles and as organisations change, the techniques we need to use to manage ourselves and our work change. Personal effectiveness is context specific and success in this area is therefore closely linked to our ability to learn and change.


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(Including: Personal Jurisdiction; Subject Matter Jurisdiction; Appellate Jurisdiction)
JACK HENRY & ASSOCIATES, INC. v. PLANO ENCRYPTION TECHNOLOGIES LLC, Appeal No. 2016-2700 (Fed. Cir. December 7, 2018). Before Newman, Wallach and Stoll. Appealed from N.D. Tex. (Judge Godbey). (Personal Jurisdiction) Summary by: Graham Nelson
MAXCHIEF INVESTMENTS LTD. v. WOK & PAN, IND., INC., Appeal No. 2018-1121 (Fed. Cir. November 29, 2018). Before Dyk, Reyna and Hughes. Appealed from E.D. Tenn. (Greer, J.). (Declaratory Judgment Personal Jurisdiction) Summary by: Joel Gotkin
MAXCHIEF INVESTMENTS LTD. v. WOK & PAN, IND., INC.事件、上訴番号2018-1121 (CAFC、2018年11月29日)。Dyk裁判官、Reyna裁判官、Hughes裁判官による審理。テネシー州東部地区地方裁判所(Greer裁判官)の判決を不服としての上訴。(確認判決/人的管轄権) Joel Gotkin氏による要約
HYATT v. UNITED STATES PATENT AND TRADEMARK OFFICE, Appeal No. 2017-1722 (Fed. Cir. September 24, 2018). Before Reyna, Wallach, and Hughes. Appealed from D. Nev. (Judge Jones). (Subject Matter Jurisdiction) Summary by: Jay Stelacone
M-I DRILLING FLUIDS UK LTD. v. DYNAMICS AIR LTDA, Appeal No. 2016-1772 (Fed. Cir. May 14, 2018). Before Reyna, Hughes, and Stoll. On appeal from D. Minn. (Judge Montgomery). (Personal Jurisdiction)
ALLIED MINERAL PRODUCTS, INC. v. OSMI, INC. Appeal No. 2016-2641 (Fed. Cir. September 13, 2017). Before Moore, Reyna, and Stoll. Appealed from S.D. Fla. (Judge Marra). (Declaratory Judgment) Summary by: Justine Saxe
NEXLEARN, LLC V. ALLEN INTERACTIONS, INC., Appeal Nos. 2016-2170, 2221 (Fed. Cir. June 19, 2017). Before Moore, Schall, and Hughes. Appealed from D. Kan. (Judge Melgren). (Personal Jurisdiction) Summary by: Jacob Beers
XILINX, INC. v. PAPST LICENSING GMBH & Co. KG, Appeal No. 2015-1919 (Fed. Cir. February 15, 2017). Before Prost, Newman, and Dyk. Appealed from N.D. Cal. (Judge Koh). (Declaratory Judgment Jurisdiction)
ASIA VITAL COMPONENTS CO., LTD. v. ASETEK DANMARK A/S, Appeal No. 2015-1597 (Fed. Cir. September 8, 2016). Before Prost, Linn and Taranto. Appealed from E.D. Va. (Judge O'Grady). (Declaration Judging Jurisdiction)
POLAR ELECTRO OY v. SUUNTO OY, Appeal No. 2015-1930 (Fed. Cir. July 20, 2016). Before Newman, Lourie, and Chen. Appealed from D. Del. (Judge Sleet). (Personal Jurisdiction)
ACORDA THERAPEUTICS INC. v. MYLAN PHARMACEUTICALS INC., Appeal Nos. 2015‑1456, 1460 (Fed. Cir. March 18, 2016). Before Newman, O'Malley and Taranto. Appealed from D. Del. (Judges Stark & Sleet). (Personal Jurisdiction)
TESCO v. NATIONAL OILWELL VARCO, Appeal No. 2015-1041 (Fed. Cir. October 30, 2015). Before Newman, O'Malley, and Chen. Appealed from S.D. Tex. (Judge Ellison). (Sanctions; Jurisdiction)
CELGARD, LLC v. SK INNOVATION CO., LTD., Appeal No. 2014-1807 (Fed. Cir. July 6, 2015). Before Newman, Reyna and Wallach. Appealed from W.D.N.C. (Judge Cogburn). (Jurisdiction-Stream Of Commerce)
BIOGEN MA, INC. v. JAPANESE FOUNDATION FOR CANCER RESEARCH, Appeal No. 2014-1525 (Fed. Cir. May 7, 2015). Before Dyk, Schall and Chen. Appealed from D. Mass. (Judge Saylor). (Interference Estoppel; Subject Matter Jurisdiction)
NEUROREPAIR, INC. v. THE NATH LAW GROUP, Appeal No. 2013-1073 (Fed. Cir. January 15, 2015). Before Wallach, Chen and Hughes. Appealed from S.D. Cal. (Judge Houston). (Federal Jurisdiction)
MICROSOFT CORP v. DATATERN, INC., Appeal No. 2013-1184 (Fed. Cir. April 4, 2014). Before Rader, Prost, and Moore. Appealed from S.D.N.Y. (Judge Forrest). (Declaratory Judgment Jurisdiction)
DANISCO US INC v. NOVOZUMES A/S, Appeal No. 2013-1214 (Fed. Cir. March 11, 2014). Before Lourie, Prost, and O'Malley. Appealed from N.D. Cal. (Judge Seeborg). (Declaratory Judgment)
MEDTRONIC, INC. v. MIROWSKI FAMILY VENTURES, LLC, Appeal No. 12-1128 (U.S. Supreme Court January 22, 2014). Appealed from Federal Circuit (Judges Lourie, Linn and Prost). (Burden of Proof – Infringement; Declaratory Judgment)


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The Frugal Prosumer Philosophy
We believe that building community and reducing expenses are two vital principles and are the keys to a fulfilling life. It's not about becoming as rich as possible or becoming super powerful. It's about stripping away the things that are hindering you from living the life you want to live. We want to give you hope so that you can achieve freedom. We believe that relationships are one of your strongest assets and greatest joys. Without good relationships you will never be truly happy.We believe that knowing how to reduce expenses is key to one of the greatest struggles in life...money. Where will you get it? How will you spend it? How you're going to keep it.With these two key points covered and running smoothly you will have the freedom to accomplish whatever it is that you want. This is the freedom to be free.After years of weeding through the details and the overwhelming flood of bad information we have pulled out the stuff that actually works. We condensed, streamlined, and are now presenting this information to you.
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- instead of working to buy heating fuel-- work to insulate your house to reduce your need of buying fuel.
- Instead of working to save for retirement, reduce expenses so you don't need as much for retirement. Work to decrease expenses so in retirement you don't have to have much money.
- Instead of habitually succumbing to those who say, "The only way to feel good is to spend money on our product." Find non monetary or non commercial ways to feel good.
Many people today start with the premise that industry and money are inherently bad and that ecology and economy are diametrically opposed to each other. More often than not, what is good ecologically is generally good for the pocket book. The problem is that many things out there, advertised as good for the planet, are just another way to get you to consume more of their products. The bottom line is, if you reduce your consumption you will reduce your expenses. Remember it's not that money is the root of the world's problems, rather the love of money is the root of all evil.
Many who have had only the experience of living in a world of modern conveniences, naively think that the solution is returning to "the old ways" or a "primitive" life style. From my experience of living primitively and in the Third World, those who live that way seldom have a desire to continue in that lifestyle. The solution is to wed modern technology with the sustainable ways of the primitive lifestyle. What I call: "Using high tech to go low tech."
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- Reevaluate the economic system so that you can understand what you can do to stop others from taking your freedom away.
- Learn how to use resources as efficiently as possible.
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With adequate information it is very possible to: LIVE LIKE A KING ON A PEASANT'S BUDGET
From John & Mary's Book- "The Frugal Prosumer Philosophy"


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Why Obama would crush McCain in the general
Contrast will.i.am's Yes We Can video - with almost 3 million views for this copy alone:
To this parody version that focuses on McCain:
It will be a crushing defeat. I can't see it going any other way. Can you?
Absolutely, I could see it going the other way. It will be close. You have to hope conservatives will sit this one out, and you have to hope all the enthusiasm in the primaries translates to the general. I won't take it for granted, because these young people who are coming out in droves have heretofore been notoriously shitty about voting.


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Court of Chancery of Delaware
November 2, 2017
BIOVERIS CORPORATION, Plaintiff,v.MESO SCALE DIAGNOSTICS, LLC, and MESO SCALE TECHNOLOGIES, LLC Defendants.
Submitted: September 6, 2017
Friedlander and Christopher M. Foulds, FRIEDLANDER &
GORRIS, P.A., Wilmington, Delaware; Nancy J. Sennett, James
T. McKeown, and Eric L. Maassen, FOLEY & LARNDER LLP,
Milwaukee, Wisconsin; Attorneys for Plaintiff BioVeris
E. Ross and Bradley R. Aronstam, ROSS ARONSTAM & MORITZ
LLP, Wilmington, Delaware; Mark C. Hansen, Michael J. Guzman,
Joshua Hafenbrack, and Hilary P. Gerzhoy, KELLOGG, HANSEN,
TODD, FIGEL & FREDERICK, P.L.L.C., Washington, District
of Columbia; Attorneys for Defendants Meso Scale Diagnostics,
LLC, and Meso Scale Technologies, LLC.
MONTGOMERY-REEVES, Vice Chancellor.
1995, Meso Scale Technologies and IGEN International, which
became BioVeris Corporation, formed a joint venture, Meso
Scale Diagnostics, to pursue the development of
electrochemiluminescence technology. The companies worked
together for almost a decade before their relationship began
to deteriorate. The first decade of their relationship was
marked by collaboration, but the second decade was marked by
litigation. In 2004, BioVeris filed two lawsuits against Meso
Scale Diagnostics and Meso Scale Technologies. They settled
both disagreements that same year. The settlement effectuated
the sale of BioVeris's thirty-one percent interest in
Meso Scale Diagnostics to Meso Scale Technologies.
Unfortunately, that was not the end of the disputes that
would arise between BioVeris and Meso Scale Technologies.
case presently before me arose in 2013 from the 2004
settlement agreement. In essence, this dispute is about the
final purchase price for BioVeris's thirty-one percent
interest in Meso Scale Diagnostics. BioVeris argues that Meso
Scale Technologies failed to pay the entire purchase price
and breached the 2004 settlement agreement when it stopped
payments in 2010. Conversely, Meso Scale Technologies argues
that, in 2008, BioVeris released Meso Scale Technologies for
the money allegedly owed. In the alternative, Meso Scale
Technologies argues that BioVeris's claims are barred by
I grant
Defendants' Motion for Summary Judgment because I hold
that BioVeris's claims are barred by laches. BioVeris
failed to brings its claims within the analogous three-year
statute of limitations for breach of contract claims, and
there are no unusual conditions or exceptional circumstances
to justify disregarding the analogous statute of limitations.
facts in this opinion are drawn from Plaintiff's Verified
Complaint (the "Complaint"), Plaintiff's
Corrected Brief in Opposition to Defendants' Motion for
Summary Judgement, the exhibits Plaintiff submitted with the
affidavit of Christopher P. Quinn, and the exhibits
Defendants submitted with the affidavit of David E. Ross.
Parties and Relevant Non-Parties
BioVeris Corporation ("BioVeris") is a Delaware
corporation with its principal place of business in
Indianapolis, Indiana.
Meso Scale Diagnostics, LLC ("Diagnostics") and
Defendant Meso Scale Technologies, LLC ("Meso") are
Delaware limited liability companies with their principal
places of business in Rockville, Maryland. Diagnostics was
organized as a joint venture between IGEN International, Inc.
("IGEN") and Meso.
was a California corporation and the predecessor in interest
to BioVeris.
Jacob Wohlstadtler, a resident of Maryland, is the sole
member of Meso.
The joint venture
November 30, 1995, Diagnostics, Meso, and BioVeris (then
IGEN) entered into a joint venture agreement, which the
parties overhauled in a 2001 amendment (the
"JVA").[1] Several sections of the JVA are relevant
to the present litigation.
the JVA provides a mandatory procedure to resolve disputes
arising under the JVA. Section 7.2 provides a
pre-arbitration, twenty-day negotiations period followed by
binding arbitration in Washington, D.C. under the auspices of
the American Arbitration Association.[2] Section 7.2 allows the
tolling of any applicable statute of limitations for the
duration of negotiations and arbitration as long as the
arbitration is filed within sixty days of the end of good
faith negotiations.[3]
the JVA provides buy-out procedures in Section 8.5, granting
Defendants the right to purchase all of BioVeris's
interest if the joint venture is terminated.[4] Section 8.5.3(a)
allows Defendants jointly to purchase all of BioVeris's
interest "by paying to [BioVeris] the purchase price
determined pursuant to Section 8.5.4 (the 'Purchase
Price') in accordance with this Section
8.5.3."[5] Section 8.5.3(b) outlines the process by
which Defendants would "make payments to [BioVeris] with
respect to the unpaid amount of the Purchase Price, plus
accrued interest . . . ."[6] The formula for quarterly
payments is: "(i) five percent (5.00%) of the amount of
[Diagnostic] Net Sales (as defined below), and (ii) twenty
percent (20%) of the net proceeds realized by [Diagnostics]
from the sale of its debt or equity securities in any third
party financing . . . ."[7] Section 8.5.4(a) states for
purposes of Section 8.5.3:
[T]he Purchase Price shall be equal to (i) the fair market
value of the [BioVeris] Interests at the time, as determined
in accordance with Section 8.5.4. (b) and either Section
8.5.4. (c) or Section 8.5.4. (d), as applicable
("FMV"), reduced by (ii) the highest of the
discount factors set forth in Section 8.5.4. (e) that are
Section 8.5.5 requires BioVeris to remove its designee from
the Board of Managers if Defendants exercise their right to
buy BioVeris's interest under 8.5.3.[9]
the JVA includes a provision for special remedies if
Defendants default on the Purchase Price. Section 8.5.6(a)
allows BioVeris to put a designee back on the Board of
Managers if Meso defaults on its obligation to pay the
Purchase Price and the default is not cured within thirty
days of receipt of written notice of default from
BioVeris.[10] Section 8.5.6(b) automatically adds an
amount equal to fifteen percent of the unpaid Purchase Price
to the outstanding principle amount in the event of
The joint venture terminates in 2004
February 13, 2004, Roche Holdings AG[12] acquired IGEN and
converted IGEN to BioVeris.[13] This transaction terminated
the joint venture between IGEN and Meso, and on February 29,
BioVeris sent termination notices to Meso.[14] On April 29,
Meso sent a letter notifying BioVeris that Defendants were
invoking Section 8.5.3 of the JVA.[15] The April 29 letter also
requested that BioVeris remove its designee from the Board of
Managers under Section 8.5.5 "as soon as
On June
14, BioVeris filed two lawsuits in the Court of Chancery
related to Meso's attempt to trigger Section 8.5.5, as
well as allegations that Meso's sole member, Wohlstadter,
breached his fiduciary duties to Diagnostics.[17]
The 2004 Settlement Agreement
August 12, 2004, BioVeris, Diagnostics, Meso, and Wohlstadter
entered into an agreement to resolve both outstanding
lawsuits in the Court of Chancery (the "Settlement
Agreement"). The recitals of the Settlement Agreement
read, in part:
WHEREAS, there is an action currently pending in the Court of
Chancery of the State of Delaware in and for New Castle
County (the "Delaware Court") styled BioVeris
Corp. v. Wohlstadter, C.A. No. 507-N (the
"§18-110 Action"), brought by BioVeris against
Jacob N. Wohlstadter ("Wohlstadter"), Meso Scale
Technologies LLC ("[Meso]"), and [Diagnostic]
(collectively, the "Defendants").
WHEREAS, there is an action currently pending in the Delaware
Court styled BioVeris Corp. v. Wohlstadter, C.A. No.
572-N (the "Fiduciary Duty Action" collectively
with the §18-110 Action, the "Actions"),
brought by BioVeris against Defendants.
WHEREAS, the Actions, in part, arose out of the Joint Venture
Agreement (the "JVA") dated November 20, 1995 (as
amended August 15, 2001) by and among [Diagnostic], [Meso]
and BioVeris (as successor in interest to IGEN International,
Inc.) and the [Diagnostic] Limited Liability Company
Agreement ("[Diagnostic] LLC Agreement") dated
November 30, 1995 (as amended August 15, 2001); and
WHEREAS, the parties have reached an agreement, set forth
herein (the "Agreement"), providing for settlement
of the Actions, on the terms, and subject to the conditions
set forth below (the "Settlement").[18]
Settlement Agreement includes several other provisions
relevant to this litigation. Section 1 confirms the
parties' agreement to proceed with the buyout process
originally set forth in Sections 8.5.3 and 8.5.4 of the
JVA.[19] Section 17 amends the Purchase Price in
Section 8.5.4 of the JVA to include the Pro Rata Rent
Share[20] through August 31, 2005.[21] Section 17
also includes the parties' agreement to "reconcile
the actual accrued Pro Rata Rent Share (as defined in the
subleases) and make any necessary adjustments to the Purchase
Price (as defined in the JVA) arising from such
parties agreed to a dispute resolution scheme for any
disputes arising out of the Settlement Agreement. Sections 23
and 24 outline an audit procedure as the sole remedy for
disputes related to the calculation of the five percent
payments under Section 8.5.3.[23] All other disputes
"arising out of or relating in any way to this Agreement
or the Settlement" must be litigated in the courts of
Delaware.[24] Further, the prevailing party in any
action to enforce the Settlement Agreement may recover costs
and attorneys' fees.[25]
the Settlement Agreement includes an entire agreement and
savings clause (Section 45) which reads:
This Agreement constitutes the entire agreement among the
parties with respect to the subject matter hereof, and
supersedes all prior or contemporaneous oral or written
agreements, understandings or representations. Unless
otherwise modified herein, the written agreements between or
among the parties, including without limitation, the JVA, the
[Diagnostic] LLC Agreement and the License Agreement, shall
remain in full force and effect.[26]
executing the Settlement Agreement, Meso bought out
BioVeris's thirty-one percent interest in
Diagnostics.[27] The parties conducted three separate
appraisals under Section 3 of the Settlement Agreement and
determined the value of BioVeris's interest to be $9.89
million.[28] On November 2, 2004, BioVeris sent
Diagnostics a predicted total for the Pro Rata Rent Share
through August 31, 2005 equal to $2, 337, 243.[29] This figure
includes the actual Pro Rata Rent Share for March to
September 2004 and the projected Pro Rata Rent share for
October 2004 to August 2005.[30] The parties do not dispute
that they never finished the reconciliation process required
by Section 17 of the Settlement Agreement.[31]
In 2005
and 2006, Meso drew down the $2 million prepayment credit
provided as part of BioVeris's seller
financing.[32] Starting in 2007, Meso made quarterly
payments equal to five percent of its quarterly net
sales.[33] A standard letter setting out
Diagnostics's Net Sales for the previous quarter as well
as the five percent amount being wired to BioVeris
accompanied each quarterly payment.[34] The letters read,
"[t]he payment due to BioVeris under Section 8.5.3 of
the Joint Venture Agreement is $[amount being
The 2010 Letter
On May
28, 2010, Meso sent BioVeris its quarterly report and
payments.[36] The accompanying letter (the "2010
Letter") deviated from the form letters Meso had sent
previously and read in relevant part, "[t]he payment due
to BioVeris under Section 8.5.3 of the Joint Venture
Agreement is $430, 670, which represents the remaining
balance due on the Purchase Price (including accrued
interest)."[37] Meso made no further payments towards
the Purchase Price after May 28, 2010.[38] BioVeris did
not communicate with Meso about the 2010 Letter until April
30, 2013.[39]
The 2013 communications
April 30, 2013, BioVeris sent a "Notice of Default and
Demand for Payment of Amount Due for Purchase of Diagnostics
Member Interests and Request for
Acknowledgement."[40] On May 17, Meso responded to the
April 30 letter asserting that "no further amounts are
due in respect of the Purchase Price."[41] Meso further
stated that any disputes would need to be resolved under
Sections 23 and 24 of the Settlement Agreement.[42] On May 28,
BioVeris purported to open "the 20-day period of
negotiations pursuant to Section 7.2 of the Joint Venture
Agreement, as amended."[43] On June 12, Meso responded,
reiterating its view that it owed nothing further under the
Purchase Price and that the Settlement Agreement governed any
disputes about the Purchase Price.[44]
The present litigation
filed its Complaint on June 28, 2013. Meso filed its first
Motion for Summary Judgment on January 22, 2016, before
discovery concluded. I heard oral argument on May 5, 2016,
and denied the motion on August 5, 2016. Meso filed its
second Motion for Summary Judgment on April 10, 2017. I heard
oral argument on that motion on September 6, 2017.
argues Defendants failed to pay the full Purchase Price owed
under the Settlement Agreement. Plaintiff seeks monetary
damages, a contractual penalty for defaulting on the Purchase
Price, appointment of a representative to Diagnostic's
board, and attorneys' fees for this action. Defendants
argue that there is no need for a trial because the
undisputed facts show that the claims are barred by laches,
and thus, summary judgment should be granted.
judgment will be "granted if the pleadings, depositions,
answers to interrogatories and admissions on file, together
with the affidavits, show that there is no genuine issue as
to any material fact and that the moving party is entitled to
a judgment as a matter of law."[46] When considering a motion
for summary judgment, the evidence and the inferences drawn
from the evidence are to be viewed in the light most
favorable to the nonmoving party.[47]
order to grant summary judgment based on laches, I must
determine which analogous statute of limitations applies.
"[T]he limitations of actions applicable in a court of
law are not controlling in equity, "[48] because, in
equity, the defense of laches applies.[49] Laches is an
equitable doctrine "rooted in the maxim that equity aids
the vigilant, not those who slumber on their
rights."[50] When an equitable claim seeks legal
relief or a legal claim seeks equitable relief, the court
will apply the statute of limitations by analogy and bar the
claims outside the limitations period "absent tolling or
extraordinary circumstances."[51] When a plaintiff brings a
"legal action [seeking legal relief] in the Court of
Chancery as a result of ancillary jurisdiction or some other
jurisdictional source, " that plaintiff "should not
be placed in a potentially better position to seek to avoid a
statute of limitation than if she had filed in a Delaware
court of law by invoking the more flexible doctrine of
laches."[52]Thus, to avoid allowing a plaintiff to
benefit from the more flexible doctrine of laches the statute
of limitations logically should apply by analogy strictly and
the traditional laches analysis should not
apply.[53] Delaware law recognizes an exception to
this general rule and will not apply the analogous statute of
limitations if there are "unusual conditions or
extraordinary circumstances" that justify not applying
whether laches, through an analogous statute of limitations,
bars he claims in this case depends on this Court's
interpretation of the agreements between the parties.
"[T]he threshold inquiry when presented with a contract
dispute on a motion for summary judgment is whether the
contract is ambiguous."[55]Ambiguity exists "when the
provisions in controversy are reasonably or fairly
susceptible of different interpretations or may have two or
more different meanings."[56] "Ambiguity does not exist
simply because the parties disagree about what the contract
means."[57] The moving party will be entitled to
summary judgment where it can show its construction of the
contract "is the only reasonable
interpreting a contract, the court will give effect to the
parties' intent based on the parties' words and the
plain meaning of those words.[59] "If parties introduce
conflicting interpretations of a term, but one interpretation
better comports with the remaining contents of the document
or gives effect to all the words in dispute,
"[60] then, "as a matter of law and
without resorting to extrinsic evidence, [the court may]
resolve the meaning of the disputed term in favor of the
superior interpretation."[61]
BioVeris's Claims for Damages and Attorneys'
Fees Are Barred by Laches
does not dispute that only two options for seeking relief
exist under the Settlement Agreement.[62] First,
Section 23 provides an audit procedure "focused solely
upon the payments under Section 8.5.3 of the JVA . . ., in
order to verify the amounts of payments made by [Diagnostic]
to BioVeris."[63] Second, Section 34 states:
The parties agree that any dispute arising out of or
relating in any way to this Agreement or the Settlement
shall not be litigated or otherwise pursued in any forum or
venue other than the courts of Delaware, and the parties
expressly waive any right to demand a jury trial as to any
such dispute.[64]
For the
reasons set forth below, BioVeris's claims for the
remainder of the Purchase Price and attorneys' fees arise
under the Settlement Agreement, must have been sought in the
courts of Delaware; these claims now are barred by laches
because they were not brought within the analogous statute of
limitations and no tolling doctrines, unusual conditions, or
extraordinary circumstances exist.
The Settlement Agreement, and not the JVA, governs
BioVeris's claims for the remainder of the Purchase Price
and attorneys' fees
seeks two forms of relief under the Settlement Agreement.
First, BioVeris asks for an award for damages in the amount
of $3, 088, 777 plus interest as the balance of the Purchase
Price Meso allegedly owes under Section 1 of the Settlement
Agreement.[65] Paragraph 23 of BioVeris's Complaint
reads, "[p]ursuant to Section 1 of the Settlement
Agreement, Meso agreed to pay BioVeris the Purchase Price in
accordance with the terms of the Settlement Agreement and the
provisions of the JVA incorporated by reference
therein."[66] As BioVeris explains in its Complaint,
relevant sections of the JVA were incorporated into the
Settlement Agreement.[67] Nothing, however, indicates that any
incorporation happened in reverse, which would be necessary
for BioVeris to enforce its right to the Purchase Price
agreed to in the Settlement Agreement under the JVA. Thus,
the Settlement Agreement-not the JVA-provides the remedy for
the unpaid portion of the Purchase Price, and any such remedy
must have been pursued in the courts of Delaware pursuant to
Section 34 of the Settlement Agreement.[68]
BioVeris asks for attorneys' fees and costs under Section
40 of the Settlement Agreement.[69] Section 40 reads,
"[t]he prevailing party in any action to enforce this
Agreement shall be entitled to recover, in addition to any
other relief awarded, court costs and reasonable attorney
fees and costs incurred in connection with such
action."[70] The JVA does not include any provision
for recovering attorneys' fees. There can be no question
then that any action seeking this relief must be brought
under Section 34 of the Settlement Agreement in the courts of
has failed to show how the JVA's dispute resolution
procedures would govern the claims arising from the
Settlement Agreement. [71] This is because the Settlement
Agreement "constitutes the entire agreement among the
parties with respect to the subject matter hereof,
and supersedes all prior or contemporaneous oral
or written agreements, understandings or
representations."[72] Under the Settlement
Agreement, BioVeris was required to pursue these claims in
the courts of Delaware.[73] As the Settlement Agreement's
dispute resolution procedure governed the claims for the
remainder of the Purchase Price and attorneys' fees,
these claims had to be brought in the courts of Delaware and
are subject to Delaware's three year statute of
limitations for breach of contract claims.[74]
The 2010 Letter constituted a total breach of the
Settlement Agreement which triggered the analogous statute of
parties intensely disagree about when the statute of
limitations for the breach of contract claim began to
run.[75] The parties also ardently contest
whether the Settlement Agreement constitutes an installment
contract. I need not determine whether the Settlement
Agreement is an installment contract because Meso's
actions constituted a total breach, which I hold triggers the
statute of limitations even for an installment contract.
law is silent as to whether there can be a total breach of an
installment contract such that the non-breaching party can
recover on the entire contract, and the statute of
limitations begins to run for the entire claim as opposed to
just for the one installment. BioVeris relies on Walpole
v. Walls[76] to argue that this Court should hold the
breach of each installment of a contract gives rise to a new
cause of action and triggers the limitations period anew as
to that particular installment.[77] In Walpole, the
plaintiff and defendant were joint owners of a convenience
store.[78] In 1989, they entered into an oral
agreement whereby the defendant acquired the plaintiff's
ownership interest in the joint business by agreeing to pay
off the plaintiff's second mortgage.[79] In January
1998, the defendant informed the plaintiff he was going to
stop making payments on the mortgage.[80] The defendant
made his last payment on April 28, 1998.[81] The plaintiff
resumed payments on December 2, 1998.[82] On October
28, 2001, the plaintiff filed suit to recover the payments he
made on the mortgage after December 1998.[83] The Court of
Common Pleas recited the Delaware rule, "limitations on
lawsuits for breach of installment payment contracts accrue
with respect to each installment only from the time the
installment becomes due, unless the obligee has the option to
declare the whole sum due and exercises that option . . .
."[84] Relying on this rule, and the fact that
the parties did not include an acceleration clause in the
oral agreement, the Court of Common Pleas allowed the
plaintiff to recover all payments of the mortgage that would
have been due within three years of filing
But the
present case is distinguishable from Walpole. In
Walpole, the defendant told the plaintiff he was
going to stop payments on the second mortgage.[86] That
statement was an anticipatory repudiation.[87] In the case
of an anticipatory repudiation the non-breaching party is
entitled to a choice of several different types of remedy,
including waiting until performance is due to pursue its
claims.[88] But, an anticipatory repudiation can be
retracted before the non-repudiating party has materially
changed position in reliance on the
repudiation.[89] In Walpole, the defendant
continued to pay the mortgage after he told the plaintiff he
was going to stop payments, but before the plaintiff started
making the payments himself.[90] By continuing to pay the
mortgage the defendant effectively retracted his
repudiation.[91]Thus, the defendant's failure to pay
after April 1998 was a breach of an installment contract by
non-performance, which is consistent with the court's
statement of the Delaware rule, other Delaware case law cited
by BioVeris, [92] and the court's holding in
present case, however, presents a scenario on which Delaware
law largely remains silent. In contrast to a bare
anticipatory repudiation, significant authority supports the
conclusion that a repudiation coupled with simultaneous
non-performance gives rise to an action for total breach,
allowing the non-breaching party to bring an action for the
entire contract price and triggering the statute of
limitations as to the total amount due under the contract.
243(2) of Restatement (Second) Contracts states
"[e]xcept as stated in Subsection (3), a breach by
non-performance accompanied by or followed by a repudiation
gives rise to a claim for damages for total
breach."[93] Williston on Contracts
In the case of a strictly anticipatory breach, it is true,
there is often at least a theoretical possibility that the
repudiator can and will effectively withdraw the repudiation
so that the contract can be performed, but after a material
present breach, any attempt to withdrawal by the wrongdoer
would be ineffectual. . . . The idea that the injured party
may elect not to call a breach something that is a breach . .
. is not logically defensible, whatever authorities may be
cited in its favor.[94]
Corbin on Contracts states a similar view:
Suppose next that the contract requires performance in
installments or continuously for some period and that there
has been such a partial failure of performance as justifies
immediate action for a partial breach. If this partial breach
is accompanied by repudiation of the contractual obligation
such repudiation is anticipatory with respect to the
performances that are not yet due. In most cases, the
repudiator is now regarded as having committed a
"total" breach, justifying immediate action for the
remedies appropriate thereto. . . . The non-performance plus
the repudiation constitute one and only one cause of
Court of Appeals for the Third Circuit summarized the above
section from Corbin on Contracts stating, "[a]
single infraction of contractual obligations, such as a
missed payment, is insufficient to constitute a 'total
breach' of the agreement unless accompanied by
an anticipatory repudiation of future
performance."[96] I agree with this authority and hold
that a present breach of an executory contract coupled with a
repudiation of the remainder of the contract constitutes a
total breach, which allows the non-breaching party to recover
everything owed under the contract and triggers the statute
of limitations for the entire contract.
BioVeris's own theory of the case, Defendants breached
the Settlement Agreement on May 28, 2010 when they sent
payment for less than half of the amount required under
Section 8.5.3. The breach was apparent on the face of the
accompanying letter, which reported aggregate Diagnostics Net
Sales of $17, 452, 585.[97] Under Section 8.5.3, the quarterly
payment to BioVeris should be five percent, or $872, 629.
Instead, Meso paid $430, 670, a clear breach of the
parties' agreement.[98]
parties, however, disagree on whether Meso repudiated the
remainder of the contract with the 2010 Letter. The policy
rationale for recognizing the doctrine of anticipatory breach
was articulated by Chancellor Allen in Carteret Bancorp,
Inc. v. Home Group, Inc.[99] "If it is clear that the
promisor intends not to perform his promise, there seems
little reason to force the parties to wait to have their
rights and obligations determined while markets rise and fall
and practical adjustments to the new state of affairs could
be made."[100] To find that there has been an
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text:
Last day of the Cthulhu is Hard to Spell campaign!
Just a quick FYI, this is the last day for the Cthulhu is Hard to Spell Kickstarter campaign. Cthulhu is the follow-up for the Monsters and Other Scary Shit campaign.... Read more
Cthulhu is Hard to Spell is Live!
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Kickstarter link
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I am so excited right now, like do a backflip over the moon excited. I just hit the launch button on my new campaign, Pixie Dust!
Kickstarter link... Read more
I feel the love
Hi everybody,
I feel so loved this week. I wanted to share with you all the great, amazing things you all said this week about the book. Before, I share... Read more
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Do you like weird comics?
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Now that the books are shipping I thought I would do something fun this week and share with you some of my favorite projects on Kickstarter right now. ... Read more
The first books shipped!!!
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Downloading digital rewards GUIDE
Hello everybody,
Happy Labor day to those in America. Happy Monday to everybody else. Today is the last day to change your address. I will be sending those out tomorrow. ... Read more
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Hi everybody,
I think I'm going to have some awesome MAOSS news to share soon.
While you wait I want to talk to you about another awesome project that is... Read more
I should have been more clear...
I've been getting several emails about why the books haven't shipped yet, and I realized that I made a big mistake in my last email. While what I said... Read more
Hi all!
So, here's the update. I talked to the printing company this morning and this is what I heard.
Shipping tomorrow!
Of course, I was a bit skeptical,... Read more
Get the first chapter of my new book for FREE!
Hello everybody,
While the books are being reprinted, I wanted to share something with you. Last year I wrote my first non-fiction book, Sell Your Soul: How to Build Your... Read more
The mass market proof...error
Hi guys,
So they sent me the mass market proof of the books...and they misprinted the cover...on all the books. While the cover glows in the dark and looks great.... Read more
The books are ready to ship!!
Hi patient humans,
I just got word that the books are printed! Once the banks reopen tomorrow I will send the final payment and they'll be packed for shipment.
A... Read more
Do you love dark fantasy?
Hi guys,
Now that the book is with the printer, and it's going to be a while before it's in your hands, I wanted to share with you a couple... Read more
For international backers (outside of the US)
Hi guys,
I know during our campaign a lot of you asked about the exorbitant cost of international shipping and if I had any ideas at the time.
I certainly... Read more
The proof is on the way!
After a month of nail biting, I got this text this morning from DHL!
That's right! The proof should be in my hands on Wednesday! I can't wait to read... Read more
A quick note about .cbz files
Hi everybody,
I've been getting a lot of messages about the .cbz files and how people cannot open them.
I just wanted to let you know that .cbz files can... Read more
All digital rewards and stretch goals have been sent!
Hi all!
You should have gotten several emails last night with the digital rewards for Monsters and Other Scary Shit, including the PDF/CBZ file of the book, the monster print,... Read more
Backerkit surveys have been sent!
I sent out the Backerkit surveys about an hour ago. You have some time to fill them out, but you definitely want to get on that ASAP. Don't worry,... Read more
Backerkit Surveys
Hi all!
I've sent the first half of the payment off to the printer, paid the artists for their work, and finalized all the surveys!
We're moving forward on getting... Read more
Files are off!
Hi everybody,
Hope you've had a good week so far. I know Tuesday is notoriously the worst day of the week for me, so I thought I would share some... Read more
Bad news...and a little good.
It only took one week from the end of the campaign to find the first person illegally selling our designs online.
If you see any designs online, please let me... Read more
If $22,000 was a fevered dream of madmen in my pre-launch strategy, then $25,000 was unfathomable. In fact, it's hard for me to wrap my brain around anything that's happened... Read more
Stretch goal unlocked!!!
Wow! We hit our stretch goal with 62 hours still left on the clock! Thank you so much! Since there isn't much time left, now is a great opportunity to... Read more
I hope you don't mind my many emails, but we just keep racking up the milestones and I'm just too excited not to share!.
Yesterday, we passed 500 backers! I... Read more
Almost $23,000!!!!
Whoa! Not only did we pass $22,000 this week, but we're almost at $23,000. A couple of days I was bummed because I didn't think we would hit $24,000 so... Read more
Do you want even more monsters?
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This is... Read more
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Less than 10 days left!
I know this has been a long campaign for most of you. Many of you have been with me since the very. first. day. If that's you, then you've stuck... Read more
Wha!!! We just hit 450 yesterday, and now we're at $21,000 today! Woot! We're smashing through goals like it's our job. I mean it technically is my job, I guess,... Read more
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Chatting the Chit with Jay Campbell
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New Stretch Goal announced!
I talked with my team, and you guys yesterday, and came up with a really cool stretch goal, especially since it's clear you like digital prints.
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Woot!!! We hit $20,000, which means glow-in-the-dark eyes are a GOOOOOOOOO!!!!
That is all 100% because you believed in this project, and I can't thank you enough for that. I... Read more
New Reward Tier Unlocked!
We're just $500 away from Glow-In-The-Dark Eyes! Woot! As such, I've unlocked a brand new reward tier which is ironically, or unironically if you're not Alanis Morrissette, exactly $500!
www.monsteranthologycomic.com... Read more
Do you love cards?
We are just $40 away from unlocking four free prints from Stan Yak for everybody that backed the campaign up to this point. If we can hit $19,000 by tonight... Read more
Free stuff @ 400 backers!
We're so close to 400 backers! Right now we are at 389, and thank you so much for that!
389 is more than just a number to us. It means... Read more
Two New Reward Tiers!!!
To celebrate the fact we have only a month left in this campaign, I added two new reward tiers to the campaign.
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We sold out at everything at Emerald City Comic Con! Even all those fliers and cards were GONE by the end of Sunday. It was one of the most incredible... Read more
Hanging out with Tom Spellman
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That means this book is really gonna happen in the amazing way I always envisioned in my head.
I did a live stream late last... Read more
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I thought, in my wildest dreams, it would take at... Read more
Just 7 backers away...
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I decided to judge this launch on how... Read more


text:
Twenty-one-derful years later....
If Max knew I was going to write his birth story...he probably would roll his eyes.... then come over and sit close by me on the couch and let me tell him about the day we officially first met. Who doesn't love to hear about their beginnings?
I was working for a CPA firm in Houston, half heartedly looking toward a manager position I had worked so hard to achieve. Seeing it was very near, I didn't want it so much anymore. My heart was changing directions. My close friend in the office was pregnant with her second baby after a heartbreaking first pregnancy, losing her baby to spina bifida. This baby was healthy, but I'd sit with her and pray, worry and hope with her, all the while the yearning and wondering in my own heart grew and grew to such a longing. One of my sisters, and two other friends gave me their pregnancy news, my yearning grew. Maybe something was in the water after all, Yay, I found out I was pregnant just after Craig's 28 birthday. My maternity leave would be six months, then miraculously, Craig made a career change that moved out of the center of Houston and closer to Galveston, my heart leapt for joy knowing we would make whatever other changes we needed to for me to stay home with this baby. I wanted so much to raise my child. I sold my car. We rented a home in a retiree vacation area during off season and moved in my eighth month of a pregnancy that breezed by joyfully, healthy and wonderful. I promised to give up eating out, shopping or doing anything except hold my baby.
I'm sure I beamed pregnancy glow so thankful I was to be having my very own baby. God is good! We had celebrated our fifth anniversary during the pregnancy, five years is a long time to wait and wonder about becoming parents, especially watching three very close friends struggle with infertility with successes and failures.
I kept the doctor I had used for my regular exams whom all the girls in the office used. And I thought we had an understanding from our conversations and agreed upon in my birth plan: I wanted to go natural in very way possible despite everyone asking me why would I want to and to tell me how impossible it was. I saw my boss the year before suffer terribly after complications with an epidural, I wanted to avoid one. I prayed I could handle anything.
My mother had quick labors, my three older sisters all had natural uncomplicated labors. It gave me confidence and strength.
I thought the doctor and I were on the same page and I had respect for her, but by the time this experience was over, the doctor patient relationship was forever changed. She lied, gave me lip service and never believed in the natural birth process until after she witnessed it, but I jumped too far ahead.
Now in our rented house with a delightful bay view on a deserted island with miles of walking paths, I took early leave at the beginning of November. The 50 mile drive into work was wearing me down quickly, and I guess the nesting urge had hit big time. My excitement of meeting my baby kept my mind occupied, it was very hard to worry about taxes and accounting paperwork. My mother made all kinds of adorable baby room items and I wanted to get everything ready.
On Friday night before his due date, I started having Braxton Hicks contractions so we drove into Houston, where my hospital and doctor were. I talked it over with my sister, she convinced us to come by her house first and walk and see my godson and wait for real contractions to begin. We spent the evening with them, then contractions calmed down and we went home. The rest of the weekend we were too excited to stay home, we visited Houston and Galveston museums, the zoo and made a bad decision to visit a submarine exhibit, forever making a little claustrophobic with future pregnancies.
Sunday night I went to bed, and woke up at midnight with some interesting feelings. Now these contractions got my attention. Concerned about living an hour from hospital, we headed in. Just after paperwork was signed, my labor trademark nausea hit. Big time. After a long bought, I was wiped out and before I could approve or object an IV was inserted in my arm.
Now wait a minute, not what we agreed.
Fine, it wasn't the feared epidural, I didn't loose my resolve. Not knowing how stubborn I could be, the doctor had the epidural equipment in my room, ready if I had a moment of lack of confidence.
Ready for your epidural, now? No thank you.
I had no reason to have an epidural. The pains were manageable and slowly growing stronger, very regular, not worse than my worst cramps.
Craig was by my side, letting me squeeze his strong hand with every contraction. I alternated walking, kneeing, rocking and breathing to a pattern that distracted any thought about the pain. Hours flew by.
Craig would say over and over, "Relax your forehead," and I'd squeeze his hand. I wasn't very verbal, we knew what each other was thinking. Except later, he'd tell the story I wasn't in any pain. I can see that, it wasn't pain, like a broken arm. It was labor pains, the pain of squeezing an almost nine pound body through my body and out. Divinely designed pain. Pain with a purpose.
I continued to walk the halls. I took a nice long bath and I felt no contractions and was in heaven, interrupted to get out because my nurse didn't want me to get prune-y.
Ready for your epidural, now? No, thank you.
Then, the dreaded "let me check you." Which was a secret code for the doctor to screw a monitor into my baby's head. No reason. He wasn't in any stress, perfectly healthy textbooky delivery so far. Let me keep walking,... no? Oh, the monitor, when I tried to walk, no no no, you should lie down and don' t get up.
Well how would that help me?
So since I couldn't leave the room with the monitor, I labored kneeling at my bed.
Ready for your epidural, now? No thank you.
Finally having the need to push. The doctor wasn't there.
Finally having the need to push. The doctor wasn't there.
Tell her to hold it...Really?
I tried, but then my body took over...
and pop there was a baby's head.
Panic, the doctor wasn't in the room, scramble get the doctor in here quick..
Panic, the doctor wasn't in the room, scramble get the doctor in here quick..
Here is where I lost all confidence in my doctor.
With all the pressure of my baby whose head was already delivered, she runs in the room, she grabs her tools before looking at me, and the baby's head..she decided to give me an episiotomy. She must not have ever worked with natural deliveries before - (even though she stated 60% were "natural" later defined as vaginal). - or even worked with material before because I ripped all the way to a fourth degree "tear" which was started by her going against our signed agreement to not do an episiotomy. (And the baby's head was already O.U.T.).
Unfortunately, Mary, it is the worse tear I've ever seen...It needed 55 solid minutes of stitching up. Again, forgetting I had not had an epidural, she proceeded without a local, and wow...Our doctor patient relationship got worse at my post natal follows up with complications of healing of the tear.
With all the pressure of my baby whose head was already delivered, she runs in the room, she grabs her tools before looking at me, and the baby's head..she decided to give me an episiotomy. She must not have ever worked with natural deliveries before - (even though she stated 60% were "natural" later defined as vaginal). - or even worked with material before because I ripped all the way to a fourth degree "tear" which was started by her going against our signed agreement to not do an episiotomy. (And the baby's head was already O.U.T.).
Unfortunately, Mary, it is the worse tear I've ever seen...It needed 55 solid minutes of stitching up. Again, forgetting I had not had an epidural, she proceeded without a local, and wow...Our doctor patient relationship got worse at my post natal follows up with complications of healing of the tear.
But for now, while the stitching was being done, she let me hold my baby. (I see the beginning of my desire for homebirth at this point, but had no idea that was an option).
My sweet beautiful baby boy! Ah, love at first sight! Forget any pain, forget anything but joy at holding the most precious being I had ever held. Delighted that this little creature was with me and now I could see his face! Pure joy and happiness. He smelled wonderfully. His little swaddled self was the best package I had ever seen.
Time to move me to a regular room and the baby to the nursery, I never understood why the separation. They insisted on giving him a bottle, but my smart little guy had already nursed in labor and delivery and wouldn't take it, but it delayed his return to me because they need to see him nurse, and actual nursing didn't count.
I stayed awake the entire remaining two days in the hospital, and begged Craig to take me home. Too much nose and interruption and regulation on my nursing, new mommy hormones had me wired awake and eyes glued in this new person. The hospital system didn't understand the natural bonding and feeding schedules we were establishing and seemed to fight me at every step, even though I gave in to many of their rules as far as treatment of infants.
I was a confident mother bear and wanted my baby. I had given birth and felt like "I am woman, hear me roar." Twenty one years ago I was a polite young woman, and didn't roar like I can now, but I was finding that voice inside of me, and needed my baby with me.
That day began the best season of my life: motherhood. The reason I live, my purpose. I love each of my children so dearly and I am so thankful for every day I been able to be a mom. I know it started nine months earlier, but for me it started at Max's birth. I needed to see and hold him to know he was real. My awakening with his birth.
Max took to nursing and was a thriving baby and it took a while to get used to this new job for my body. I had a lot of healing to do over the tear, (my sister referred to as Cesarean of the rear) which helped remind me I need to take it easy and recover. It would still be a nine month journey to heal that physical wound.
I didn't sleep a lot in those first weeks, because I only want to stare at, nurse, cuddle and hold this new little creature that took 100% of me. The lack of sleep or isolation stated to get to me, and my sister recommended I go to a La Leche meeting for support. At about the two week post partum mark, first time driving since his birth, I braved our first outing. When it came time to introduce myself, a dam broke and I started crying and didn't stop until the meeting was over. I know now those moms understood, that day I couldn't think past the tears and worried they thought I was crazy. I was exhausted, lonely, sleep deprived and hormonally crazy, but at the same time deliriously happy and full of joy. I appreciated the love and support showered on me that day. I could probably go on and on, but I guess I'll put this chapter away, and look to who the young man is now, twenty one years later!
Linked at Grace's birth story link up at Camp Patton


text:
Tulowitzki aiming for return to Blue Jays before end of season
In the 39 games that Troy Tulowitzki played for the Toronto Blue Jays, his team won 30 of them.
Coincidence or not, the team would probably like to see Tulo back in the lineup, who has been sidelined since September 12 after colliding with Kevin Pillar, fracturing his scapula.
According to Tulowitzki, he wants to be back this week.
"It's nice to get out there on the field and watch the ball," Tulowitzki said before Tuesday's postponed game, via Richard Griffin of the Toronto Star. "It's a little different than hitting in the cage. I'm definitely pretty close. Maybe it's the last game of the (Orioles) series. Maybe (Friday) when the Tampa series starts, but I definitely like my chances to play in games before the post-season starts."
As Griffin notes, Tulowitzki has been swinging in the cage - about 30 swings on Tuesday against live pitching - in preparation for his return.
It seems as though his return isn't based off of his recovery, but how much pain he's willing to tolerate.
"I don't think what's going on in there is whether my bone doesn't heal or the muscles don't heal," Tulowitzki said. "They're going on (how I) feel. I'm good enough to take swings and I'm good enough to field ground balls and now it's just about giving them good feedback: 'Hey I took a lot of swings and a lot of hard swings and I feel good.'"
The Blue Jays will play the Baltimore Orioles in a doubleheader Wednesday with their magic number sitting at one.