text:
Leaverites: Meteo-wrongs
People tend to mistake many terrestrial rocks for meteorites. Commonly mistaken objects include:
Artificial Materials
Slag and waste metal are especially often mistaken for meteorites. Meteorites do not melt except for a thin surface layer. They do not flatten against the surface they hit, or enclose objects they hit. If it's obviously flattened against a surface or encloses terrestrial objects, it is not a meteorite.
Slag is the fused silicate residue from smelting ores. Often similar in composition to natural igneous rocks and can be hard to tell from them. Ropy textures on the surface are common, as are shiny or iridescent tarnishes.
Clinker is the fused silicate residue from burning coal. Has lots of bubbles or vesicles, often inclusions of brick fragments, pebbles, and other debris. Colored tarnish or films on surfaces are common. The cavities and embedded objects rule it out as a meteorite.
Metallic meteorites are always nickel-iron alloys and always magnetic. Any non-magnetic metal is not a meteorite. If the magnet does not stick to the underside of the object without aid, the material is not magnetic. These are examples of non-meteorites.
The embedded objects rule this metal out as a meteorite.
"Melted" Rocks
Meteorites develop a thin fusion crust while entering the atmosphere, but people often mistake any shiny surface for melting. Volcanic rocks, of course, really were molten. Other shiny surfaces can be due to weathering or mechanical action.
Unusually Dense Rocks
Most rocks fall in the density range of 2.5 to 3 times as dense as water, and rocks at the upper end of the range are noticeably denser than those at the lighter end, even just hefting them by hand. Some dark igneous rocks can have densities of over 3 times as dense as water, and iron formations can be five times denser than water. Real meteorites are dense, but density alone doesn't make a meteorite.
Many dark colored igneous rocks have densities above 3 grams per cubic centimeter and are noticeably heavy. Ore minerals often have densities above 5 grams per cubic centimeter.
Magnetic Materials
Many artificial materials are magnetic, but so are magnetite and a number of other minerals. A lot of magnetism is wishful thinking. I've seen people claim that completely non-magnetic materials "seem" to attract a magnet. If the magnet doesn't stick to the material when you turn it upside down, it's not magnetic.
Rocks with Cavities
Real meteorites do not contain internal cavities. The famous meteorite on display at the American Museum of Natural History in New York does have deep surface pits from weathering, but that's how most cavities in rocks form. Cavities alone do not make a meteorite.
This is dolomite with solution cavities, not a meteorite.
Crystal-lined cavities like in this rock do not occur in meteorites. This rock is dolomite. The crystals are quartz stained by iron oxide. The light color of these two samples rule them out as meteorites.
Unusual Weathering
The dark igneous rock gabbro is often mistaken for meteorites. The sample shown here is developing spheroidal weathering. Gabbro's tendency to weather into odd shapes and develop surface stains on weathered surfaces often make it look unusual.
Odd shaped rocks of all sorts are mistaken either for meteorites or artifacts. This one is neither. It is merely a rock with a resistant vein in it that weathered a bit more slowly than its surroundings.
It's Not a Meteorite If...
It has cavities inside it (surface cavities due to weathering are possible).
It has external cavities lined with crystals.
It is about as dense as average rocks. If you're in any doubt, it isn't a meteorite.
It is metallic but non-magnetic. The magnet has to stick to the underside without aid. If you think it might be magnetic, it isn't. If it's magnetic, you won't have any doubt.
It is light in color.
It was obviously flattened against some surface
It has terrestrial objects embedded within it.
It has layers.
It has veins.
Return to Mineralogy-Petrology Index
Return to Thin-Section Index
Return to Crystals and Light Index
Return to Crystal Structures Index
Return to Mineral Identification Tables
Created 22 April, 2005, Last Update


We're not sure what your track record has been with new year resolutions (think that was a resounding "not great"), but what we do believe in is acting now for immediate results! So instead of stowing away your dream skin goals for the first day of next year (who are you kidding?), we thought we'd chart out a plan for you to have the best skin of your life come new year's eve! After all, a flawless face makes a great canvas to get party-ready, and to reign in a new year with.
First things first: get your derm appointments in order before anything else. Persistent acne? Hyperpigmentation or rosacea? Planning to get your skin lasered (read this first) or thinking about getting injectables? Whatever your long term skin issue, it will usually involve blood tests, frequent sittings and follow-ups to sort these out from the root, so start early (this should help!).
This could be a real challenge for many of us who can't get by without a latte or a smoke, but hey, go hard or go home, right? Every time you inhale smoke, you're cutting off oxygen supply to your skin, and each puff releases a trillion free radicals that ultimately leads to wrinkly skin, so you get the drift.
And if you want preternaturally glowing skin, start knocking back the h2o starting day one! Drinking at least 2.5 litres of water a day without fail is the best way to do it. Just stock your desk at work with two full bottles every morning and aim to finish them by the end of the day.
Finally, ditch the beans and dairy! Retire that Starbucks card unless you want acidic caffeine to mess with your stress hormones which control your skin's oil production, and dehydrate your skin. Dairy is probably giving you pimples, so try cutting that off from your diet too. Also, lactose is a sugar and you know how sugar and skin don't get along famously.
You better have been living under a rock if you aren't using sunscreen already! Sun exposure is your number one enemy, which means step one to youthful skin: reapplication of sunscreen every few hours, starting now, into next year, until your last day on earth.
A long term solution to shielding against the sun's exploits? Antioxidant serum! Keep skin cancer, premature wrinkling, and sunspots at bay pairing sunscreen with an antioxidant serum. Antioxidants help combat infrared radiation from the sun and highly effective antioxidant serums with ferulic acid, vitamin C or E are your best bet. Here we rounded up the best serums money can buy!
Consider starting with retinol – it's among the most effective anti-aging ingredients on the market. A topical retinoid not only stimulates your body to produce more collagen – always a good thing – but over time, they can also change the surface of your skin by quickening the cell turnover rate and evening out pigmentation. You could also amp up the effect of your serum by coupling it with a dermaroller, but start early.
Lots of upsides but we'd definitely recommend checking with your dermat before you start using one of these, because they can be pretty strong. This should help you figure out a nighttime skin regime for yourself!
By week 3, you should be all set to treat your mug: enter facials!
As super derm Kiran Lohia told us, don't be afraid to try: "Once every three weeks or so, I'd recommend doing a photo facial or a facial with an antiaging laser. People are scared of lasers for some reason; they think that they'll damage your skin but on the contrary, lasers are wonderful for your skin. They boost collagen synthesis so they make you look younger and stay younger. They can also get rid of any signs of aging that you might already have." So there.
If your skin is extremely dehydrated, looks flaky and can't absorb moisture, the oxygen facial is a good idea. The oxygen helps push antioxidants like vitamins A, C, and E, deep into your pores, to give you an instant glow.
Exfoliation is key to fresh, youthful skin, and without regular scrubbing, dead skin cells will pile up and manifest into fine lines and dullness. A quick lactic acid or salicylic acid peel lightly exfoliates, not only removing dead skin, but also encouraging new fat, healthy cells to surface.
Make sure your last facial, laser treatment or in-office chemical peel is about now, so your skin has enough time to recover. You don't want any nasty blotches and burns last minute.
While you might think this is a no-brainer, the benefits of being sufficiently moisturised all the time is quite underrated - it can actually make a huge difference in your skin's radiance, evenness, and texture. Besides protecting it from environmental factors, a regular slathering of lotion on your face and body helps give off that rosy glow you're dreaming about.
If you have dry skin, look for ingredients like glycerin and hyaluronic acid to help retain moisture, and ingredients like niacinamide or ferulic acid for light moisturization on oilier skin.
New year's eve is finally here (hypothetically) and your skin is already looking up! One last finishing touch for that surge of brightness? A Korean sheet mask! These skin superheroes are loved everywhere for their quick skin pick-me-up ability, and they're gloriously fun and easy to use. There's a whole range of sheet masks out there, from snail slime to caviar, so go to town. Have yourself a bright and radiant New Year's eve!


like a halved pill bug.
take what they could for themselves.
of locust on each new body that folded.
sort of hunger, all teeth and tremor.
I feared we would never un-wild ourselves.
But this way, at least, we were fed.
of jerky still damp with sweat.
We grew to love the iron in death.
I knew what my own mouth was doing.


text:
News / Resources
Lateral Partner/Counsel Moves in DC
G&S News/Media
Janet Satterthwaite joins Potomac Law Group
Janet Satterthwaite, previously Partner at Venable has joined Potomac Law Group as Partner.
Mark M. Attar joins Schiff Hardin
Mark M. Attar, previously Broker-Dealer Expert and Senior Special Counsel in the U.S. Securities and Exchange Commission's Division of Trading and Markets has joined Schiff Hardin as Partner in the firm's Financial Markets and Products Practice.
Susan Leahy joins Covington
Susan Leahy, previously Of Counsel at Blank Rome has joined Covington as Of Counsel in the firm's Tax Practice. Ms. Leahy advises tax-exempt and not-for-profit organizations on a wide variety of matters.
Theresa S. Gee joins Miller Chevalier
Theresa S. Gee, previously Counsel at O'Melveny & Myers has joined Miller Chevalier as Partner. Ms. Gee focuses on both litigation and counseling in connection with fiduciary responsibilities under ERISA.
Roger S. Wise joins Strdley Ronon
Roger S. Wise, previously Partner at K&L Gates has joined Stradley Ronon as Partner in the firm's Tax Practice. Mr. Wise counsels clients on tax issues affecting the investment management and financial services industries.
Christopher N. Olsen joins Wilson Sonsini
Christopher N. Olsen, previously Deputy Director of the Bureau of Consumer Protection at the Federal Trade Commission has joined Wilson Sonsini as Partner in the firm's Privacy and Data Protection Practice. Mr. Olsen's practice focuses on privacy, cybersecurity, and data security issues.
Joel deJesus joins Dinsmore
Joel deJesus, previously Partner at Schiff Hardin has joined Dinsmore as Partner in the firm's Corporate Department. Mr. deJesus focuses on providing regulatory advice and representation to companies before the Federal Energy Regulatory Commission on a wide variety of matters in both the electricity and natural gas industries.
Lisa M. Dwyer joins King & Spalding
Lisa M. Dwyer, previously Senior Policy Advisor at U.S. Food and Drug Administration has joined King & Spalding as Partner in the firm's FDA & Life Sciences Practice Group.
Ronald Meisburg joins Hunton & Williams
Ronald Meisburg, previously Partner at Proskauer Rose has joined Hunton & Williams as Special Counsel in the firm's Labor Group. Mr. Miesburg's practice focuses on labor management relations law and policy.
Neil O'Flaherty joins Baker & McKenzie
Neil O'Flaherty, previously Partner at local boutique Olsson Frank Weeda Terman Matz has joined Baker & McKenzie as Partner in the firm's Healthcare Industry Group. Mr. O'Flaherty's practice focuses on FDA regulation of medical devices.
Michael Flynn joins Goodwin Procter
Michael Flynn, previously Chief Legal Officer, General Counsel and Executive Vice President at Flagstar Bancorp has joined Goodwin Procter as Partner in the firm's Financial Institutions Group. Mr. Flynn will focus his practice on mortgage and other consumer financial services, including compliance and legal operational issues, secondary market and other transactions, and regulatory enforcement.
Lauren C. Bellerjeau joins Morrison & Foerster
Lauren C. Bellerjeau, previously Partner at Hogan Lovells, has joined Morrison & Foerster as Partner in the firm's Corporate Department. Ms. Bellerjeau represents publicly and privately held companies in a variety of corporate and securities matters, with a particular emphasis on M&A, as well as public securities offerings and corporate governance matters
Aaron W. Knights joins Squire Patton Boggs
Aaron W. Knights, previously Partner at Kalbian Hagerty, has joined Squire Patton Boggs as Principal in the firm's Global Litigation Practice. Mr. Knights represents clients before state and federal trial and appellate courts, in regulatory proceedings, and in arbitrations and mediations in a variety of complex commercial disputes and cross-border litigation.
Victoria Reggie Kennedy rejoins Greenberg Traurig
Victoria Reggie Kennedy, previously Consultant/CEO at VR Kennedy Strategies, has rejoined Greenberg Traurig as Senior Counsel in the firm's Corporate and Finance Practice. Ms. Kennedy advises and assists clients in devising strategies to resolve complex legal problems, particularly those stemming from regulatory, communications or governance concerns.
Nathan Oleson rejoins Akin Gump
Nathan Oleson, previously General Counsel at 24 Hour Fitness has rejoined Akin Gump as Partner in the firm's Labor & Employment Practice. Mr. Oleson has broad experience handling complex litigation and class action claims, with a particular focus on wage and hour matters.
John D. Shire joins Fox Rothschild
John D. Shire, previously Partner at Polsinelli, has joined Fox Rothschild as a Partner. Mr. Shire is a corporate and transactional attorney who represents public and private companies in buy-side and sell-side mergers and acquisitions, joint ventures, commercial contracts and private capital transactions.
William Stellmach joins Willkie Farr
William Stellmach, former Acting Chief of the Fraud Section of the United States Department of Justice's Criminal Division, has joined Willkie Farr as a Partner in the firm's Litigation Department. Mr. Stellmach's practice will focus on white collar criminal defense and government investigations.
Chong S. Park joins Ropes & Gray
Chong S. Park, previously Partner at Steptoe & Johnson has joined Ropes & Gray as Partner in the firm's Antitrust Practice. Mr. Chong's antitrust practice focuses on high-stakes matters, including litigation, representation in government regulatory proceedings and investigations, and counseling.
Richard "Rick" Kirby joins Baker & McKenzie
Richard "Rick" Kirby , previously Partner at K&L Gates has joined Baker & McKenzie as Partner in the firm's Litigation and Government Enforcement Practice. Mr. Kirby adds three decades of experience handling complex corporate, securities, commercial, bankruptcy and administrative law issues through negotiation, alternative dispute resolution and litigation.
Maurice Bellan joins Baker & McKenzie
Maurice Bellan, previously Partner at McGuireWoods has joined Baker & McKenzie as Partner in the firm's Litigation and Government Enforcement Practice. Mr. Bellan specializes in advising clients on Foreign Corrupt Practices Act and False Claims Act cases
Page 62 of 101 Previous Next
Recent News & Articles:
Benjamin Mizer joins Jones Day September 07, 2017
Pablo E. Carrillo joins Squire Patton Boggs September 06, 2017
Michael L. Connor joins WilmerHale September 06, 2017
Paul D. Rubin joins Debevoise & Plimpton September 06, 2017
Stephen Rademaker joins Covington September 06, 2017
Norman C. Bay and Priya R. Aiyar join Willkie Farr & Gallagher September 05, 2017
Justin A. Savage joins Sidley Austin September 05, 2017
Anne K. Gerson joins Venable September 05, 2017
Caroline C. Setliffe joins Eversheds Sutherland August 21, 2017
Barry Kearney joins Cozen O'Connor August 16, 2017
Garrison & Sisson, Inc. | 1627 I Street, NW, Suite 1230 | Washington, DC 20006 | T: 202-429-5630 | gs@g-s.com

redpajama_set_name: RedPajamaCommonCrawl


The Biostatistics Department of the UTHealth School of Public Health (SPH) offers graduate studies leading to the Master of Science (MS) and Master of Public Health (MPH) and Doctor of Philosophy (PhD) degrees.
Biostatistics is a discipline encompassing the study and development of statistical, mathematical, and computer methods applied to the biological and health sciences. Biostatisticians play a key role in the design, conduct and analysis of research studies of health and disease. There is ample opportunity for experience in consulting and collaborative research. Alumni of the Biostatistics program are prominent in academia, industry and government.
Minors for all degree programs can be selected from the Health Promotion and Behavioral Sciences, Environmental and Occupational Health Sciences, Epidemiology and Disease Control and/or Management, Policy and Community Health Departments. In addition to courses at UTHealth SPH, a wide variety of courses are available through cross registration with other schools and institutions in the Texas Medical Center as well as Rice University and the University of Houston.
The MS program is 36 hours, including 6 hours max of thesis (and practicum), which generally takes two years to complete. The MS program includes a sequence of courses in basic statistical theory and methods, research design and data analysis. All MS students take a minor in a field of application other than biostatistics.
The MPH in biostatistics is a basic professional degree in public health with concentration in biostatistics. The majority of full-time students take approximately 18 to 24 months to complete the degree, with 45 hours including 6 hours of thesis and practicum combined. Requirements of the MPH degree are: completion of coursework; a planned, supervised and evaluated practice experience; and a culminating experience demonstrating a substantial knowledge of public health.
The PhD program requires at least two additional years beyond the master level program. All UTHealth SPH PhD students must complete a minimum of 48 credits, including 9 hours of dissertation and practicum . The PhD program emphasizes advanced statistical theory and application, statistical consulting, and independent research. All PhD students are required to choose one minor and one area of breadth in fields of application other than biostatistics.
The division also offers a minor course of study for MS, DrPH and PhD students majoring in other public health disciplines. Courses for the minor of a MS student, include at least PH 1700 (Intermediate Biostatistics) and two biostatistics courses above PH1700. Courses for the minor of a PhD or DrPH student, include at least PH 1700 (Intermediate Biostatistics) and three biostatistics courses above PH1700. PH 1820 (Applied Statistical Analysis I) is strongly recommended for the minor for all degree program.
Certificate in Data Science is designed for professionals and students who have strong interests in developing professional data science skills.
Eligibility for the certificate program will include a minimum of a Bachelor's degree from a regionally accredited school. The application requirements consist of a cumulative GPA of 3.0 or greater transcripts, goal statements, and a reference letter. The prerequisites for this program include previous knowledge of calculus, linear algebra and basic knowledge of computer programming. GRE is not required for the Certificate program.
The program consists of three levels of coursework in data science, data analytics and predictions, analytic methods, and data management designed to meet the needs of students and employers. Classes are available at all School of Public Health six campuses. A DS certificate in the selected level is awarded to students who pass all courses in that level. Students in the certificate non-degree program can also consider applying to one of the degree programs at the school but it does not guarantee admissions into a degree-seeking program.
Guidelines for the new doctoral exam, as approved by the Associate Dean for Academic Affairs.
All doctoral students entering in August 2010 or after will follow this new policy and take the new preliminary exam, oral defense and dissertation defense. The Department of Biostatistics preliminary exam will include both take-home and in-class portions. The take-home portion will typically focus on material covered in PH 1820, PH1821, PH1830 and PH1831 and is a two-day exam. The in-class exam will focus on material covered in PH1910, PH1911, PH 1915 and PH1951, is a four-hour exam and students are allowed to bring text books and lecture notes pertinent to the recommended courses listed above. All doctoral students entering before August 2010 can choose either the new system or the old system. If you choose the new system, all rules on the new system should be followed. If you choose the old system, you will take the qualifying exam after completing 30 credit hours and demonstrating that you fulfill the requirements of the minor and the breadth. However, if your qualifying exam takes place after January 2011, your biostatistics portion will be the same format as the preliminary exam according to the new system. January 2011 will be the last time the department will give the old format of qualifying exam for biostatistics students.
Those under the old exam system are expected to take biostatistics courses suggested by your advisory committee to meet the requirements of the degree program, regardless of which biostatistics exam you will take. Those under the new exam system are still expected to take additional biostatistics courses (beyond those recommended above) as well as the minor and breadth courses after the preliminary exam as you develop your proposal under the supervision of your dissertation committee.
The biostatistics preliminary exam will be given once a year in August.
It is the School's policy that a student who failed twice on preliminary exam (new system) or qualifying exam (old system) can not stay in the doctoral program.
Doctoral students are required to obtain some teaching experience on biostatistics courses for majors for at least one semester. A typical example is to serve as a teaching assistant for a high level course in biostatistics after they complete the preliminary exam.
The dissertation should be in a paper format and is supposed to include two submitted papers. A dissertation proposal defense is required before the student advances to doctoral candidacy. For submitted papers, only the dissertation chair needs to verify. For further information about Dissertation and Thesis Proposal.
Coordinating Center for Clinical Trials (CCCT) which has a more-than-40-year history of successfully coordinating large multicenter clinical trials and providing comprehensive services for clinical trial operation, data management and data analysis.
Center for Big Data in Health Sciences (CBD-HS) hosts several Big Data research projects, including development of predictive models and heterogeneous data integration methods for Electronic Healthcare Record (EHR) data, insurance claim data and public databases or data repositories.
Center for Biostatistics Collaboration and Data Services will provide opportunities for our faculty and students to collaborate and interact with biomedical and health science investigators to address scientific questions using their statistical and data science skills.


text:
public class HistoryNode {
  static int numberRetrieved; //Used to keep keep track of the number of containers that have been retrieved
  String type;
  int numops;
  HistoryNode next;
}

redpajama_set_name: RedPajamaGithub


As we have seen normally in case of knitted items and woven items, by using solid fabric or finished fabric all types of knitted and woven items can be made. But in case of sweater items, we haven't seen anything as like that. No solid or finished fabrics are available here. By linking one yarn with another, the shape of the sweater parts are made. As a result, there is no available fabric consumption calculation method as woven or knit items.
In case of sweater garments, consumption can be calculated depending on the quantity of yarns needed to make a sweater garment.
At first, buyer sends a sample to sweater garments merchandiser. The very first work of the merchandiser is to weight that sample and marked it. Depending on the sample weight, garments merchandiser makes another sample according to buyers provided style and measurement chart. After making the sample, merchandiser should measure the sample weight and inform to the buyer. When the buyer approved the sample weight and style according to measurement chart then sweater garments merchandiser can take the first step of making yarn consumption for that order.
The very next task for a sweater merchandiser is to multiply sample weight with 12pcs to know the weight of per dozen sweaters. Finally adding wastage percentage with that, can make the sweater consumption.
Normally the wastage percentage range is 10-20%. It should be noted that, wastage percentage can vary depending on the types of yarn and styling of garments. In case of cotton and acrylic, the range of wastage% is 5-7% and in case of viscose, spandex and wool it is 10-12%.
Specifications: Plain knit placket, Slit, 2 pockets.
Now prepare the yarn consumption of the above sweater item.
Let, buyer approved the sample weight and style according to measurement chart.
In case of acrylic yarn, wastage% is 5-7%.
So, Yarn needed per dozen garments is 5.33lbs.
thanks bro for this essential topic… thats need to learn every textile engineer….
This is Raisul .I am studying on Fashion Design 3 year. Calculation is very important for our GMT industery . Thank you sir for your info.


text:
Justia Dockets & Filings Ninth Circuit California Northern District Lewis v. Virga Filing 17
Lewis v. Virga
ORDER GRANTING RESPONDENT'S MOTION TO DISMISS AND DENYING CERTIFICATE OF APPEALABILITY by Judge Phyllis J. Hamilton granting 15 Motion to Dismiss (Attachments: # 1 Certificate/Proof of Service) (nah, COURT STAFF) (Filed on 6/19/2014)
1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 TONY RAY LEWIS, Jr., Petitioner, 9 ORDER GRANTING RESPONDENT'S MOTION TO DISMISS AND DENYING CERTIFICATE OF APPEALABILITY vs. TIM VIRGA, 11 For the Northern District of California United States District Court 10 No. C 13-1074 PJH (PR) Respondent. 8 / 12 13 This is a habeas case brought pro se by a state prisoner under 28 U.S.C. § 2254. 14 Respondent has filed a motion to dismiss on the grounds that the petition is barred by the 15 statute of limitations and is procedurally defaulted. Petitioner has not filed an opposition or 16 otherwise communicated with the court. For the reasons that follow, the motion will be 17 granted. 18 DISCUSSION 19 Statute of Limitations 20 The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), which 21 became law on April 24, 1996, imposed for the first time a statute of limitations on petitions 22 for a writ of habeas corpus filed by state prisoners. Petitions filed by prisoners challenging 23 non-capital state convictions or sentences must be filed within one year of the latest of the 24 date on which: (A) the judgment became final after the conclusion of direct review or the 25 time passed for seeking direct review; (B) an impediment to filing an application created by 26 unconstitutional state action was removed, if such action prevented petitioner from filing; 27 (C) the constitutional right asserted was recognized by the Supreme Court, if the right was 28 newly recognized by the Supreme Court and made retroactive to cases on collateral 1 review; or (D) the factual predicate of the claim could have been discovered through the 2 exercise of due diligence. 28 U.S.C. § 2244(d)(1). Time during which a properly filed 3 application for state post-conviction or other collateral review is pending is excluded from 4 the one-year time limit. Id. § 2244(d)(2). 5 The one-year period may start running from "the expiration of the time for seeking a petitioner can file a petition for a writ of certiorari from the United States Supreme Court, 8 whether or not the petitioner actually files such a petition. Bowen v. Roe, 188 F.3d 1157, 9 1159 (9th Cir. 1999). Accordingly, if a petitioner fails to seek a writ of certiorari from the 10 United States Supreme Court, AEDPA's one-year limitations period begins to run on the 11 For the Northern District of California [direct] review." 28 U.S.C. § 2244(d)(1)(A). "Direct review" includes the period within which 7 United States District Court 6 date the ninety-day period defined by Supreme Court Rule 13 expires. See Miranda v. 12 Castro, 292 F.3d 1063, 1065 (9th Cir. 2002) (where petitioner did not file petition for 13 certiorari, his conviction became final ninety days after the California Supreme Court 14 denied review); Bowen, 188 F.3d at 1159 (same). 15 Petitioner was sentenced on several counts in Alameda County to a twenty-year 16 term on January 21, 2003. Motion to Dismiss (MTD), Ex. 1 at 6. On October 31, 2003, the 17 California Court of Appeal affirmed the judgment. Id. The California Supreme Court denied 18 review on January 14, 2004. Ex. 2, 3. Petitioner had ninety days to file a petition for a writ 19 of certiorari with the Supreme Court. See Bowen, 188 F.3d at 1159. He did not. Thus, 20 petitioner's one-year limitations period began to run on April 13, 2004, and expired on April 21 13, 2005. See 28 U.S.C. § 2244(d)(1). The instant federal petition filed on March 8, 2013, 22 is untimely absent tolling. 23 Petitioner filed a state habeas petition in the Alameda County Superior Court on 24 January 24, 2005, that was denied on January 28, 2005. Ex. 8; Pet. at 77. Another petition 25 was filed in the Alameda County Superior Court on March 3, 2005, that was denied on 26 March 9, 2005. Ex. 9; Ex. 5 at 6. Petitioner filed a state habeas petition in the California 27 Court of Appeal on March 22, 2005, that was denied on April 25, 2005. Ex. 4. Petitioner 28 then filed a habeas petition with the California Supreme Court on May 10, 2005, that was 2 1 2 denied on April 19, 2006. Ex. 5-6. More than four years after the California Supreme Court denied his habeas petition, 3 petitioner filed a federal habeas petition in this court on October 14, 2010. See Lewis v. 4 Virga, No. C 10-4649 PJH (PR). That case was dismissed on July 23, 2012, for failure to 5 exhaust. Petitioner filed the instant federal petition on March 8, 2013. 6 Assuming that petitioner would be entitled to statutory tolling for the time that all his 7 state habeas petitions were pending, this case would still be untimely. The cases were 8 pending in state court for nearly fifteen months, yet the first federal petition was not filed 9 until four years after the last state petition was denied, and the instant petition was filed 11 For the Northern District of California United States District Court 10 even later. Thus, the petition is untimely. While petitioner has not filed an opposition to the motion to dismiss, the court notes 12 that petitioner was previously ordered to show cause as to why the action should not be 13 dismissed as untimely, and he filed a response. Docket No. 8. Even construing the 14 response as an opposition to the motion to dismiss, the case must still be dismissed. 15 Petitioner states that he relied on others to help him because he suffered from a mental 16 disability and is illiterate. Petitioner provides no more information regarding the mental 17 disability, and a pro se petitioner's lack of legal sophistication or illiteracy alone is not an 18 extraordinary circumstance to justify equitable tolling. See Stancle v. Clay, 692 F.3d 948, 19 952, 959 (9th Cir. 2012); Rasberry v. Garcia, 448 F.3d 1150, 1154 (9th Cir. 2006); Baker v. 20 Cal. Dep't of Corr., 484 Fed. Appx. 130, 131 (9th Cir. 2012) . Moreover, the claims in the 21 instant petition are substantially similar to the claims he presented in his petition to the 22 California Supreme Court that was denied in 2006, and petitioner fails to explain why there 23 was a several year delay to present the same claims in federal court. For all these 24 reasons, this case is dismissed as untimely.1 25 26 27 28 1 As the petition is untimely by many years, the court will not address the procedural default argument. 3 1 2 3 CONCLUSION Respondent's motion to dismiss (Docket No. 15) is GRANTED as discussed above. The petition is DISMISSED. The clerk shall close the file. 4 APPEALABILITY 5 The federal rules governing habeas cases brought by state prisoners require a 6 district court that enters a final order adverse to the petitioner to grant or deny a certificate 7 of appealability ("COA") in the order. See Rule 11(a), Rules Governing § 2254 Cases, 28 8 U.S.C. foll. § 2254. 9 A petitioner may not appeal a final order in a federal habeas corpus proceeding without first obtaining a certificate of appealability. See 28 U.S.C. § 2253(c); Fed. R. App. 11 For the Northern District of California United States District Court 10 P. 22(b). Section 2253(c)(1) applies to an appeal of a final order entered on a procedural 12 question antecedent to the merits, for instance a dismissal on statute of limitations grounds, 13 as here. See Slack v. McDaniel, 529 U.S. 473, 483 (2000). 14 "Determining whether a COA should issue where the petition was dismissed on 15 procedural grounds has two components, one directed at the underlying constitutional 16 claims and one directed at the district court's procedural holding." Id. at 484-85. "When the 17 district court denies a habeas petition on procedural grounds without reaching the 18 prisoner's underlying constitutional claim, a COA should issue when the prisoner shows, at 19 least, that jurists of reason would find it debatable whether the petition states a valid claim 20 of the denial of a constitutional right and that jurists of reason would find it debatable 21 whether the district court was correct in its procedural ruling." Id. at 484. As each of these 22 components is a "threshold inquiry," the federal court "may find that it can dispose of the 23 application in a fair and prompt manner if it proceeds first to resolve the issue whose 24 answer is more apparent from the record and arguments." Id. at 485. Supreme Court 25 jurisprudence "allows and encourages" federal courts to first resolve the procedural issue, 26 as was done here. See id. 27 28 Here, the court declines to issue a COA regarding the procedural holding or the underlying claims because reasonable jurists would not find the court's findings debatable. 4 1 2 3 The court therefore DENIES a COA. IT IS SO ORDERED. Dated: June 19, 2014. PHYLLIS J. HAMILTON United States District Judge 4 5 6 G:\PRO-SE\PJH\HC.13\Lewis1074.mtd.wpd 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5


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Phantoms Sign D James De Haas to AHL Contract
Lehigh Valley, PA – The Lehigh Valley Phantoms, proud AHL affiliate of the Philadelphia Flyers, are pleased to announce they have signed defenseman James De Haas to an AHL contract.
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text:
[ G.R. Nos. 117018-19, June 17, 1996 ]
BENJAMIN D. YNSON, PETITIONER-APPELLANT, VS. THE HON. COURT OF APPEALS, FELIPE YULIENCO AND EMERITO M. SALVA, RESPONDENTS-APPELLEES.
[G.R. NO. 117327. JUNE 17, 1996]
FELIPE YULIENCO AND EMERITO M. SALVA, PETITIONERS, VS. THE HONORABLE COURT OF APPEALS AND BENJAMIN D. YNSON, RESPONDENTS.
HERMOSISIMA, JR., J.:
Before us are two petitions to review the Amended Decision of respondent Court of Appeals in two consolidated cases, (CA-G.R SP. No. 30734 and CA-G.R. SP No. 31571), promulgated on September 6. 1994.
The relevant antecedents:
Petitioner Benjamin D. Ynson is the controlling stockholder and the President and Chief Executive Officer of PHESCO, Incorporated, a construction corporation duly organized and existing under the laws of the Philippines, while private respondent Felipe Yulienco, the elder brother of petitioner's wife, is a registered stockholder and had been the Vice-President and Treasurer of the said corporation.
Prior to 1986, petitioner Ynson, as President and Chief Executive Officer of the firm, and in order to cut down on what he thought was excessive overhead expenses of the corporation, issued a memorandum circular to the effect that henceforth only expenses for entertainment, fuel and motor vehicle repairs expenses, salaries and wages directly connected with actual business operations of the company shall be allowed. The circular was vehemently objected to by private respondent Felipe Yulienco who, feeling that the retrenchment actions of the petitioner President were directed at him, started opposing the management decisions of the petitioner with the help of respondent lawyer Emerito Salva
On June 16, 1987, private respondents Yulienco and Salva filed a petition before the Securities and Exchange Commission (SEC) alleging mismanagement of the corporation by petitioner Ynson and praying for damages, supposed unaccounted profits, and attorney's fees and litigation expenses.
Before the petitioner could file his answer, herein private respondents sent to the petitioner written proposals for a compromise, which included payment to private respondent Yulienco of various amounts like profit-sharing, bonuses, and an offer to leave PHESCO by selling all the shares of stock in the firm registered in the names of private respondents Yulienco and Salva at a price to be determined and fixed by a mutually designated appraiser, AEA Development Corporation.
This proposal was accepted by petitioner Ynson. On October 15, 1987, both parties submitted to the SEC a JOINT MOTION FOR JUDGMENT BY COMPROMISE, the salient portions of which read:
"COMPROMISE AGREEMENT"
"1. In complete and full settlement of petitioner [private respondent herein] Felipe Yulienco's claim for bonuses and profits sharing from Phesco, Incorporated, Phesco shall pay to petitioner Yulienco the sum of PESOS: FOUR MILLION FORTY FIVE THOUSAND SEVEN HUNDRED EIGHTY TWO AND 42/100 (P4,045,782.42), Philippine Currency, broken down as follows:
xxx xxx xxx
2. Also, for the complete, full and unconditional settlement of this controversy between the parties, petitioners Felipe Yulienco and Emerito M. Salva shall sell, convey, transfer and deliver to Phesco, Incorporated all the shares of stock in the corporation owned by or registered in their names in the books of the corporation numbering ninety-six thousand five hundred thirty-four (96,534) shares in all, of which ninety-six thousand four hundred twenty (96,420) is owned by or registered in the name of petitioner Felipe Yulienco and one hundred fourteen (114) shares is owned or registered in the name of petitioner Emerito M. Salva, at their fair market value in relation to the 1986-87 audited financial statement and the assets/properties of Phesco, Inc., x x x the appraisal, determination and/or fixing of which fair market value shall be made by a mutually appointed appraiser, the AEA Development Corporation, in consultation with J.S. Zulueta & Co., but payable and subject to the following conditions:
a. A downpayment equivalent to fifteen (15%)percent of the sales price of the shares shall be paid to the petitioners Felipe Yulienco and Emerito M. Salva upon the final determination and submission of the appraisal report of AEA Development Corporation;
b. The balance of the purchase price, or the remaining eighty-five (85%) percent, shall be paid without interest by way of postdated checks within five (5) years in ten (10) equal semi-annual amortization, with the first installment commencing one (1) month after the payment of the initial downpayment mentioned herein-above, until the full purchase price of the shares shall have been paid to the petitioners;
3. It is hereby agreed that the fair market value of the shares of stocks owned by Felipe Yulienco and Emerito M. Salva as determined and/or fixed by AEA Development Corporation shall be final, irrevocable and binding upon the parties and non-appealable.
xxx xxx xxx"[1]
Subsequently, on October 20, 1987, the SEC rendered judgment approving in toto the said Compromise Agreement submitted by the parties in this manner:
"WHEREFORE, finding the foregoing Compromise Agreement not contrary to law, morals and public policy, judgment is hereby rendered in accordance therewith and the parties are enjoined to comply with the provisions thereof.
Immediately thereafter, private respondents were paid by petitioner the amount of P4,045,782.42, while Felipe Yulienco resigned from the position of Senior Vice-President and Treasurer of PHESCO, Inc. effective October 31, 1987, pursuant to the said Compromise Judgment.
On February 5, 1988, the third-party appraiser, AEA Development Corporation, submitted a report to the SEC and to the contending parties fixing the fair market value of the private respondents' shares of stock in PHESCO, Inc. at Three Hundred Eleven Pesos and Thirty-Two Centavos (P311.32) per share.
On February 22, 1988, petitioner Ynson filed with the SEC a Motion for Execution of the Compromise Judgment with a tender of the checks to pay for the private respondents' shares of stock in accordance with the agreement.
Surprisingly, the private respondents opposed the Motion for Execution alleging that fraud was employed in the preparation of the 1986-1987 Financial Statement of PHESCO, since various assets were not included therein, assets which could probably increase the value of PHESCO's shares of stock. This posture inevitably called for the setting aside of the appraisal report submitted by AEA Development Corporation and the appointment of a new audit team to prepare a new financial statement for fiscal year 1986- 1987. On August 29, 1988, the Panel of Hearing Officers organized by the SEC for the purpose and before which the motion was submitted, issued an OMNIBUS ORDER, dated August 29, 1988, granting the Motion for Execution filed by petitioner Ynson.
On September 30, 1988, private respondents appealed to the SEC En Banc from said Omnibus Order.
After four years of protracted hearing, the SEC En Banc rendered a Resolution, dated December 1, 1992, dismissing the private respondents' appeal and affirming the issuance of the Writ of Execution by the Panel of Hearing Officers.
Strangely, however, the SEC Resolution contained an "obiter" in the opinion portion thereof that legal interest on the said appraised fair market value of the private respondents' shares of stock in PHESCO, Incorporated shall be paid from the time the Compromise Judgment became final until paid, viz:
"However, petitioners are entitled to the total amount of P 30,052,964.88 plus the legal interest the same might have earned from the time the compromise agreement became final until paid, since said amount is due to them pursuant to the appraisal made in accordance with the compromise agreement."[3]
Considering that the payment of legal interest was not in the dispositive part of the SEC Resolution, petitioner Ynson filed on December 14, 1993 a Motion for Clarification of the aforementioned resolution of December 1, 1992 and, in effect, contested the payment of interest. On April 12, 1993, the SEC En Banc denied the Motion for Clarification of the herein petitioner and affirmed the award of legal interest in favor of the private respondents.
On July 30, 1993, petitioner Ynson filed before the respondent Court of Appeals a Petition for Review, docketed as CA-G.R. SP No. 31571, assailing as contrary to jurisprudence and law the Resolutions of the SEC En Banc, dated December 1, 1992 and April 12, 1993, in regard to the payment of interest.
Likewise, herein private respondents Yulienco and Salva filed a petition before the Court of Appeals, docketed as CA-G.R. SP No. 30734, for a review of the SEC En Banc's Resolution of December 1, 1992 which dismissed their appeal from the Omnibus Order of August 29, 1988, insisting that the Compromise Judgment dated October 20, 1987 has not yet attained finality, and therefore the appraisal made by AEA Development Corporation can still be set aside on the ground of fraud and a new audit team be appointed.
These two petitions for review of the herein petitioner and that of the private respondents were ordered consolidated by the respondent Court of Appeals.
After hearing, the court a quo rendered judgment on November 29, 1993, to wit:
"WHEREFORE, we find the Petition for Review filed by Felipe Yulienco and Attorney M. Salva to be with merit and accordingly, we rule that:
1. The compromise judgment dated October 20, 1987 has not attained finality upon the submission of the AEA Development Corporation's Appraisal Report dated February 5, 1988.
2. The instant case is remanded to the Securities and Exchange Commission En Banc for the determination of the fair market value of the shares of stock of Felipe Yulienco and Attorney Emerito M. Salva in relation to the audited financial statements of PHESCO, Inc. for fiscal year 1986-1987. Accordingly, the SEC En Banc is hereby ordered to create a new audit team to examine the books of accounts and other records and documents of PHESCO, Inc. and pursuant thereto, prepare a new audited financial statements for fiscal year 1986-1987.
On the other hand, the petition for review filed by respondent Ynson [petitioner herein] docketed as CA-G.R. SP No. 31571 is hereby DISMISSED.
On December 20, 1993, petitioner Ynson filed with the respondent Court, a Motion for Reconsideration of the said appellate court's decision.
After oral argument, respondent appellate court rendered an Amended Decision, dated September 6, 1994, affirming in all respects its earlier decision dated November 29, 1993, except that the last paragraph of the dispositive portion thereof now reads:
"xxx xxx xxx
5. The petition filed by Benjamin Ynson in CA-G.R. SP. No. 31572, is also GRANTED. The Order dated April 12, 1993 and the Resolution dated July 22, 1993 are hereby ANNULLED and SET ASIDE. Consequently, the total amount of the shares of stocks which petitioners under the compromise agreement are bound to convey and transfer to PHESCO, Inc. shall be paid without interest."[5]
Both parties filed respective Petitions for Review before us assailing the Amended Decision of respondent Court of Appeals.
Petitioner Ynson assigns the following errors committed by the appellate court insofar as it ruled that the Compromise Judgment dated October 20, 1987 has not attained finality and therefore can still be set aside.
"The Honorable Court of Appeals Erred in Ruling that the determination of the fair market value of the shares by the appraiser mutually appointed by the parties required approval by the parties and the Court.
The Honorable Court of Appeals erred in disregarding the provision in section 8 of Supreme Court Circular No. 1-91 that the finding of fact of the Court, Commission, Board, Office or Agency concerned when supported by substantial evidence shall be final.
The Honorable Court of Appeals erred and exceeded its jurisdiction in remanding the case to the SEC; ordering it to create a new audit team which would submit the new Audited Financial Statements to the SEC; and ordering it to furnish the said statements to the AEA Development Corporation for the purpose of making a new appraisal to be submitted to both Parties and to the SEC for approval.
The Honorable Court of Appeals erred in admitting the Cuervo Appraisers Inc.'s report as part of the records to be studied by the SEC and included among the documents that should be considered and evaluated by the AEA Development Corporation in the process of determining the fair market value of the shares of stock.
The Honorable Court of Appeals erred in granting the Urgent Amended/Supplemental Motion to deposit P30,052,964.88 filed by the petitioners (now private respondents) and ordering the private respondent (now petitioner) to deliver the said amount to the SEC EN BANC to be deposited by the latter in a time deposit/money market or CB securities in the names of the petitioners Felipe Yulienco and Atty. Emerito M. Salva but held in trust by the SEC EN BANC."[6]
Private respondents Yulienco and Salva, on the other hand, submit that respondent Court of Appeals erred:
"xxx IN REVERSING THE DISMISSAL OF THE PETITION FOR REVIEW OF RESPONDENT YNSON IN CA-G.R. SP. NO. 31571 AS HELD IN ITS DECISION DATED NOVEMBER 29, 1993 FOR THE REASON THAT FROM THE UNDISPUTED FACTS SAID PETITION FOR REVIEW WAS FILED OUT OF TIME THEREBY DECIDING THE INTEREST AWARD OF THE SEC EN BANC IN FAVOR OF PETITIONERS WITH FINALITY; AND
xxx IN ANNULLING AND SETTING ASIDE THE DECISION DATED NOVEMBER 29, 1993 INSOFAR AS IT AFFIRMS THE AWARD OF INTEREST TO PETITIONERS TO WHICH THEY ARE UNDER THE FACTS AND THE LAW ENTITLED AS WELL AS IN SETTING ASIDE THE SEC EN BANC ORDERS DATED APRIL 12, 1993 AND JULY 22, 1993 BECAUSE THE INTEREST AWARD TO PETITIONER IN SAID SEC EN BANC DECISION DATED DECEMBER 1, 1992 AND THE ORDER DATED APRIL 12, 1993 HAVE BECOME FINAL."[7]
Stripped of non-essentials, two issues need to be resolved in this case: (1) Whether or not the Compromise Judgment, dated October 20, 1987, had already attained finality and can no longer be set aside on the ground of fraud; and (2) Whether or not the balance of the purchase price, or the remaining 85% of the total consideration, should be paid with interest.
We uphold the affirmative as regards the first issue.
The court a quo in ruling that the Compromise Agreement did not attain finality ratiocinated:
"It is well worth to state that the Compromise Agreement, notwithstanding the fact that the SEC has approved the same, cannot be considered as entirely final and immediately executory, because there is that stipulation number two, providing for the transfer of shares from petitioners to PHESCO, Inc. at a value which is to be determined by a mutually designated appraiser. And though the designation of the appraiser is valid, binding, final, irrevocable and non-appealable, the work of the appraiser which is to determine the value of the shares in question, is needed to complete the terms of the compromise agreement and is evidently a qualifying condition, if not a condition sine qua non, before that stipulation number two of the compromise agreement can be considered as entirely final and ripe for execution."[8]
This reasoning does not jibe well with Paragraph Three of the Compromise Agreement which expressly provides:
"3. It is hereby agreed that the fair market value of the shares of stocks owned by Felipe Yulienco and Emerito M. Salva as determined and/or fixed by AEA Development Corporation shall be final, irrevocable and binding upon the parties and non-appealable."[9]
This stipulation is so couched in simple and unambiguous language that it need not require any interpretation. The plain import of this clause is that the determination of the fair market value of the subject shares of stock held by private respondents is solely the function of the mutually chosen appraiser, the AEA Development Corporation, which determination shall be "final irrevocable, binding and non-appealable." There is nothing in this clause which indicates that the parties could interfere with the duty of the appraiser nor is the determination of the fair market value of the shares in question made subject to the approval of the parties and of the Court. Since the parties entered into this agreement freely without any vice of consent, the same must govern the relations of the parties. A judicial compromise has the force of law and is conclusive between the parties.[10] In Republic vs. Sandiganbayan,[11] we even held that a compromise upon its perfection become binding upon the parties and has the effect and authority of res judicata even if not judicially approved. Hence, the moment petitioner Ynson and private respondents Yulienco and Salva affixed their corresponding signatures to the Compromise Agreement, the same became res judicata among the parties.[12]
Private respondents maintain nevertheless that the Compromise Agreement has not attained finality and must be set aside because there was fraud in the preparation of the 1986-1987 Financial Statements of PHESCO, thus resulting in the undervaluation of PHESCO's shares of stock, 96,534 of which are held by the private respondents.
Touching on this point with authority, the Securities and Exchange Commission En Banc issued the following Resolution on December 1, 1992.
"Finally, on the allegation that J.S. Zulueta & Co. prepared two (2) sets of financial statements, this was vehemently denied by the firm. However, they reasoned out that they prepared various drafts of financial statements incorporating certain adjustments which cropped up during their audit. Said drafts were used in their preliminary discussion with the appraiser and a notation on these drafts indicates that these are 'for discussion purposes only.' That no copy was given to any officer/director and upon submission of the final audited financial statements the drafts were all retrieved by the firm. The apparent discrepancies alleged in the petition are the results of reclassification of entries which normally arise after an audit has been completed.
The explanation of the auditing firm J.S. Zulueta & Co., through Mr. E. A. Fernandez, is given more credit for the reason that they were able to actually examine the books of accounts and other pertinent records and documents. The auditing firm was employed way back in 1979 and during that time up to the time of his resignation, petitioner [private respondent herein] Yulienco was the then Treasurer of said corporation.
Based on the foregoing, we find that there are sufficient bases for excluding the various assets contained in the memorandum of appeal. Therefore, fraud was not employed in the preparation of the financial statements that would warrant the setting aside of the appraisal report. Likewise, we agree with the ruling of the Hearing Panel that the judgment had become final and executory by the submission of the appraisal report. Hence, the issuance of the writ of execution was proper."[13]
We sustain this finding of the SEC En Banc which has satisfactorily refuted private respondents' allegations as to fraud in the preparation of PHESCO's financial statements for 1986-1987. Well-settled is the rule in our jurisdiction that the findings of fact of an administrative agency must be respected, as long as such findings are supported by substantial evidence, even if such evidence might not be overwhelming or preponderant. It is not the task of an appellate court to weigh once more the evidence submitted before the administrative body and to substitute its own judgment for that of the administrative agency in respect of sufficiency of evidence.[14] In fact, under Section 8 of Supreme Court Circular No. 1-91, Prescribing the Rules Governing Appeals to the Court of Appeals from a Final Order or Decision of the Court of Tax Appeals to the Court of Appeals and Quasi-Judicial Agencies [like the SEC], such findings are accorded not only respect but also finality, as long as these findings are backed up by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.[15] In the present case, after a careful examination of the records, we conclude that the SEC, in finding that no fraud was employed in the preparation of the 1986-1987 Financial Statements of PHESCO, has more than met this quantum of evidence.
In regard to the second issue, private respondents Yulienco and Salva aver that they are entitled to the payment of legal interest which the installments could have earned from due date until fully paid on grounds of justice and fairness. According to them, petitioner Ynson, instead of depositing the installments with the SEC as they became due, fraudulently kept the money and used the same in his business and/or in money market placements thereby earning interest thereon to enrich himself by investing money which were due them.[16]
This is pure speculation. Private respondents Yulienco and Salva, in their Petition in G.R. No. 117327, did not present any scintilla of evidence to substantiate the claim that Ynson, indeed, invested these funds for his own profit. What is stark clear, however, is Paragraph 2.b of the Compromise Agreement signed by both parties which provides in unequivocal terms that:
"The balance of the purchase price, or the remaining eighty-five (85%) per cent, shall be paid without interest by way of postdated checks within five (5) years in ten (10) equal semi-annual amortization xxx.[17]
This clinches the matter at issue. As aptly observed by the respondent Court of Appeals in its Amended Decision:
"This part of the compromise agreement is final and binding. That the semi-annual amortization 'shall be paid without interest,' has the force of law between the contracting parties and should thus be complied with in good faith. Accordingly, since the SEC En Banc has no right to make contracts for the parties, (cf. Tolentino and Mario v. Gonzales Sy Chian, 80 Phil. 577), and, therefore, to declare in its December 1, 1992 Resolution as well as in its April 12, 1993 order, that such mode of payment/amortization should earn 'legal interest x x x,' respondent (herein petitioner) Ynson, therefore, is not obliged to pay legal interest on the balance of 85%."[18]
WHEREFORE, the instant petition docketed as G.R. Nos. 117018-19 is GRANTED and, thus, the Amended Decision of the Court of Appeals, dated September 6, 1994, is hereby set aside.
Paragraph 5 of the dispositive part thereof which reads:
5. The petition filed by Benjamin Ynson in CA-G.R. SP. No. 31572, is also GRANTED. The Order dated April 12, 1993 and the Resolution dated July 22, 1993 are hereby ANNULLED and SET ASIDE. Consequently, the total amount of the shares of stocks which petitioners under the compromise agreement are bound to convey and transfer to PHESCO, Inc. shall be paid without interest."[19]
is, however, hereby AFFIRMED.
The petition of Felipe Yulienco and Emerito Salva in G.R. No. 117327 is hereby DISMISSED, with costs.
Bellosillo, and Kapunan, JJ., concur.
Padilla, J., joins Mr. Justice Vitug in his concurring and dissenting opinion.
Vitug, J., with separate (concurring and dissenting) opinion.
[1] Rollo [G.R Nos. 117018-19], pp. 38-41.
[2] Ibid, p. 49.
[4] Rollo [G.R. No. 117327], pp. 84-85.
[5] Ibid, p. 103.
[6] Rollo [G.R. Nos. 117018-19], pp. 18-19.
[7] Rollo [G.R. No. 117327], p. 27.
[9] Rollo [G.R Nos. 117018-19], p.41.
[10] World Machine Enterprises v. IAC, 192 SCRA 459, 465 [1990] citing United Housing Corporation v. Dayrit, G.R No. 76442, January 22, 1990.
[11] 226 SCRA 314, 320 [1993] citing Mayuga v. Court of Appeals, 154 SCRA 309 [1987].
[12] Article 2037, New Civil Code.
[13] Rollo [G.R. Nos. 117018-19], p. 93.
[14] Rubenecia v. Civil Service Commission, 244 SCRA 640 [1995].
[15] Section 5, Rule 133 of the Revised Rules of Court.
[16] Rollo [G.R No. 117327], p. 38.
[17] Rollo [G.R Nos. 117018-19], p. 40.
[18] Rollo [G.R No. 117327], p. 101.
[19] Supra, note 5.
CONCURRING AND DISSENTING OPINION
VITUG, J.:
In its resolution of 16 November 1994, the Court has denied the petition for review in G.R. No. 117018-19. Therein petitioner's motion and supplemental motion for reconsideration assert substantial compliance with the Rules on service of the petition and requisite statement of material dates, reiterating in the process the five (5) errors of law alleged to have been committed by respondent appellate court; viz:
"I. The Honorable Court of Appeals erred in ruling that the determination of the fair market value of the shares by the appraiser mutually appointed by the parties required approval by the parties and the court.
"II. The Honorable Court of Appeals erred in disregarding the provision in Section 8 of Supreme Court Circular No. 1-91 that the finding of fact of the Court, Commission, Board, Office or Agency concerned when supported by substantial evidence shall be final.
"III. The Honorable Court of Appeals erred and exceeded its jurisdiction in remanding the case to the SEC; ordering it to create a new audit team which would submit the new Audited Financial Statements to the SEC; and ordering it to furnish the said statements to the AEA Development Corporation for the purpose of making a new appraisal to be submitted to both parties and to the SEC for approval.
"IV. The Honorable Court of Appeals erred in admitting the Cuervo Appraisers, Inc.'s report as part of the records to be studied by the SEC and included among the documents that should be considered and evaluated by the AEA Development Corporation in the process of determining the fair market value of the shares of stock.
"V. The Honorable Court of Appeals erred in granting the Urgent Amended/Supplemental Motion to deposit P30,052,964.88 filed by the petitioners (now private respondents and ordering the private respondent (now petitioner) to deliver the said amount to the SEC EN BANC to be deposited by the latter in a time deposit/money market or CB securities in the names of the petitioners Felipe Yulienco (SIC) and Atty. Emerito M. Salva but held in trust by the SEC EN BANC."[1]
The first four assigned errors deal, in main, on the proper valuation of the shares of stock of private respondents Yulienco and Salva. Petitioner alleges that the submission of the appraisal report, dated 05 February 1988, by AEA Development Corporation has rendered the judgment by compromise final and executory absent any finding of fraud by either the SEC or by respondent court. Petitioner submits that the remand of the case to the SEC for further proceedings and for undertaking a new appraisal would tantamount to sanctioning a fishing expedition and changing the terms or provisions of the compromise judgment.
The remand of SEC Case No. AC-238 has been explained by respondent court in its questioned decision thusly:
"It is Our firm resolution to remand the case to the SEC, cognizant of the powers vested in that body under PD 902-A, Section 5(b), of its original and exclusive jurisdiction to hear and decide cases involving controversies between and among stockholders, members or associates, and for the SEC to closely supervise and control the appraisal to be undertaken by the appraiser, most importantly, on the question as to what should be considered the best documentary evidence to come up with an accurate basis in the evaluation and preparation of an appraisal report which should first be 'approved by the parties' and afterwards by the SEC.
"Considering, however, that the compromise agreement is final, irrevocable, binding and unappealable with respect to the designation of the AEA as such appraiser, as the parties have mutually selected and appointed as their appraiser, as correctly pointed out by movant, We resolved to retain the AEA Development Corporation as such appraiser.
"We would like to make it clear that the remand of the case to the SEC has nothing to do with the other portions of the compromise judgment which are deemed final. Our resolution does not infringe upon, is not different from and not in conflict with the other terms and conditions of the compromise agreement, precisely because petitioners' disagreement is gleaned from the records before this Court refers only to the valuation of the shares. The case records is replete with petitions and motions which petitioners filed before the SEC En Banc, requesting for the production of those documents to support their claim that such and such assets should be included or that the SEC should inspect and verify the figures that should be included in the 1986-1987 financial statements of PHESCO, Inc. which after all formed the basis for the valuation of its shares. But they were not favorably considered by the SEC. While AEA and Zulueta made explanations as to how the result of the valuation was derived at, but in a controversy such as the case at bar, where the very conflict involves the ascertainment" in arriving at some figures, which calls for actual computation," the same cannot be based on mere explanations. The very documents and the financial statements of PHESCO, Inc., among others, should be considered as the best and substantive basis for such computation even if the same conclusion/computation may later on be reached."[2]
I find no fault on the part of the appellate court in its above disquisition. Clearly, the terms of the compromise judgment have not been altered or amended by respondent court. The remand of the case to the SEC En Banc has been decreed precisely in order to fully and properly implement, and not to set aside, the compromise agreement, particularly stipulation numbered two (2);[3] in respect to the appraisal, determination and fixing of the fair market value (FMV) of the shares of stock of private respondents. The remand of the case with specific instructions to the SEC to closely monitor the appraisal and valuation of the shares ordered by respondent court cannot be considered less than judicious.
Petitioner questions in his final assignment of error the appellate court's order requiring petitioner to deliver the amount of P30,052,984.88 "to the SEC En Banc to be deposited by the latter in a time deposit/money market or CB Securities in the names of Felipe Yulienco and Atty. Emerito Salva but held in trust by the SEC En Banc," for supposedly being contrary to the provisions of Art. 1458, 1477 and 1479 of the Civil Code. These provision have no relevance to this case. It must be pointed out that petitioner is not being ordered to remit payment to private respondents but merely to deposit the amount with the SEC which, in turn, would be placed in interest bearing placements that assures the full implementation of the compromise judgment.
In G.R. No. 117327, I share the ponencia of Mr. Justice Regino Hermosisima, Jr.
Accordingly, I vote to deny both petitions (G.R. Nos. 117018-19 and G.R. No. 117327).
[2] Rollo, pp. 190-191
[3] "2. Also, for the complete, full and unconditional settlement of this controversy between the parties, petitioners Felipe Yulienco and Emerito M. Salva shall sell, convey, transfer and deliver to Phesco, Inc., all the shares of stock in the corporation owned by or registered in their names in the books of the corporation numbering ninety six thousand five hundred thirty four (96,534) shares in all, x x x at their fair market value in relation to the 1986-1987 audited financial statement and the assets/properties of Phesco Inc., among which are real estate properties, existing machineries and equipment of the corporation, including the rock crushing plant, receivables including pending claim with NPC, etc. (as per minutes of the Board of the Director's monthly meeting dated April 10, 1987), subsidiary corporations and other investments, the appraisal, determination and/or fixing of which fair market value shall be made by a mutually appointed appraiser, the AEA Development Corporation, in consultation with J.S. Zulueta & Co., but payable and subject to the following conditions: x x x"


Leviticus teaches "that Israel is sinful and impure. On the other hand, it describes how to deal with sin and impurity so that the holy Lord can dwell in the people's midst" (ESV Study Bible, pg 211, Theme).
The sacrificial system of Leviticus points forward to – and has been fulfilled by – Christ.
Many of the moral requirements listed in Leviticus reflect the kind of moral conduct that is pleasing to God today.
Leviticus can help the Christian develop a godly framework for justice.
Leviticus 1-3 begins to detail the types of offerings the priests and people make to the Lord. Leviticus 1 describes the burnt offering. The burnt offering was the most costly of the offerings because the whole animal was burned on the altar. In addition to the priests' daily duty of giving the burnt offering to the Lord both in the morning and evening, the people could also bring a burnt offering for the purpose of petition or praise.
Leviticus 2 describes a grain offering. A grain offering was simply an offering of flour with oil, spices and salt. The offering could be cooked or uncooked. Typically a grain offering wasn't brought alone – but was offered alongside another offering, such as a burnt or peace offering.
And finally, Leviticus 3 describes a peace offering. This offering resulted in peace between the offerer and God. The ritual symbolized a communion meal between the offerer, officiating priest and the Lord. Only a portion of the offering was burned and the rest of the animal was consumed by the offerer and priest.
It is tempting to discount Leviticus' relevance because we know the entire sacrificial system has ceased. We no longer have to bring burnt offerings to the Lord. Christ's "once and for all" sacrifice is sufficient for eternity! But we learn more of God's character as we walk in the steps of our forefathers who lived before Christ. These rituals graciously gave the people a way to deal with sin until the promised Savior came.
In Matthew, we read more of Christ's words describing the end of the age. There are varying interpretations of Jesus' words depending on your end-time theology. I think there are two important applications we can learn from today's passage.
We do not know when Christ will return.
In the interim, we are to wait well.
Jesus gives four parables on how to wait for his return. What do we learn from each of these parables?
Matthew 24:43-44. The thief comes at an hour you do not expect. Therefore, we must be ready for Jesus to return at any time.
Matthew 24:45-51. The faithful servant obeys his master even when he is not present and is greatly rewarded! The foolish servant ignores the master and does as he pleases. His fate is dreadful.
Matthew 25:1-12. Half of the virgins were prepared and ready when the bridegroom came. The other half were not and missed him. We are each responsible to be ready for his return.
Matthew 25:14-30. We are all given talents, and we are all called to be faithful with those talents.
The Israelites were waiting for Christ to come. We are waiting for Christ to return. The Lord's expectations were the same for the Israelites as they are for us today. Wait well. How do we wait well? By obeying the Lord's commands and being faithful with all He has given us!


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Carin Kuoni
carin-kuoni.jpg
Carin Kuoni.
Carin Kuoni is director/chief curator of the Vera List Center for Art and Politics at The New School.  Under her directorship, the Vera List Center has developed into an internationally recognized public think tank and research lab on the role of the arts in fostering new modes of civic engagement. Kuoni curates a dynamic program of interdisciplinary public lectures, conferences, performances, and panel discussions focusing on themes of political urgency and broad resonance. An art historian by education and a curator and critic by practice, Kuoni was previously director of exhibitions at Independent Curators International and director of the Swiss Institute New York. She has curated many international exhibitions, including The Puppet Show at the Institute of Contemporary Art at the University of Pennsylvania (2008–09, with Ingrid Schaffner), Vogue'ology (2010, with Arbert Santana Evisu and Robert Sember) and Post-Speculation (2014, with Prem Krishnamurthy). Kuoni is a founding member of the artists' collective REPOhistory, directed SITAC XII: Arte, justamente in Mexico City in 2015, and is a Travel Companion for the 57th Carnegie International in 2018. Kuoni visited the Center in summer 2018 to talk to Philadelphia-area curators about ethics of curating, excellence, and politically-engaged art.
Carin Kuoni on The New School's website
Exhibitions & Public Interpretation
Moundverse Infants
Newly commissioned work by visual artist Trenton Doyle Hancock examines the representation of race in material culture, inspired by toy dolls from the artist's own collection and from Philadelphia's African American Doll Museum.
moundverse-infants
The Poison Cookie Jar
An interactive, web-based mapping project documents the rich history and contemporary practice of cabaret around the world with artist interviews, video, music, and historical texts.
the-poison-cookie-jar
Koyo Kouoh
Koyo Kouoh is the founding artistic director of RAW Material Company, a center for art, knowledge, and society in Dakar, Senegal.
koyo-kouoh
Person of the Crowd: Artist Lectures and Gallery Talks
The Barnes Foundation presents a series of artist lectures and gallery talks.
person-of-the-crowd-artist-lectures-and-gallery-talks
Playgrounds for Useful Knowledge Free Youth Art Classes
Mural Arts, through their work with Cohabitation Strategies on the Restored Spaces Initiative, is hosting a series of Tuesday/Thursday workshops at their newly-opened, temporary community space and a strategic hub in South Philadelphia.
playgrounds-for-useful-knowledge-free-youth-art-classes
Public Forum: Liberian Women as Community Resources
The Liberian Women's Chorus for Change hosts Dr. Mary Moran—professor of anthropology at Colgate University, a specialist in gender, conflict, and post-conflict reconstruction, and in Liberian studies—and Dr. Ruth Stone, ethnomusicologist at Indiana University with expertise in the music of Liberia.
public-forum-liberian-women-as-community-resources
(Dis)placed Mural by eL Seed
Al-Bustan Seeds of Culture has co-commissioned a mural by Tunisian street artist eL Seed.
-dis-placed-mural-by-el-seed
The Pursuit: 50 Years in the Fight for LGBT Rights WHYY Broadcast
A new documentary by Ilana Trachtman, produced by the Independence Visitor Center Corporation and WHYY, will make its broadcast debut on WHYY-TV.
the-pursuit-50-years-in-the-fight-for-lgbt-rights-whyy-broadcast
James Voorhies
James Voorhies is the John R. and Barbara Robinson Family Director of the Carpenter Center for the Visual Arts at Harvard University where he oversees a contemporary arts program dedicated to the synthesis of art, design, and education.
james-voorhies
Grantee Spotlight: Q&A with Curator Daniel Tucker
Curator Daniel Tucker on the exhibition and event series Organize Your Own: The Politics and Poetics of Self-Determination Movements, which explores historical and contemporary questions of equity, justice, and race relations.
grantee-spotlight-q-amp-amp-a-with-curator-daniel-tucker
Historic Pedestrian Entrance Grand Opening Celebration
Friends of the Laurel Hill Cemetery will host a grant opening to celebrate the rebuilding of the cemetery's historic pedestrian entrance.
historic-pedestrian-entrance-grand-opening-celebration
An Artist Embedded: "Their Story, Our Story: The Gay Pride Movement"
LGBT Pride Month is celebrated each year in the month of June to honor the 1969 Stonewall riots in Manhattan. For An Artist Embedded's June programming, Ain Gordon will explore an earlier protest, Philadelphia's 1965 Annual Reminder picket—one of the first gay rights demonstrations in the country.
an-artist-embedded-quot-their-story-our-story-the-gay-pride-movement-quot-
Established in 1876, the University of the Arts is one of the nation's only universities dedicated solely to educating students in the visual and performing arts and design.
organization-content
university-of-the-arts
Claire Aguilar
Claire Aguilar is the director of programming and industry engagement at Sheffield Doc/Fest, an international film festival that celebrates the art and business of documentary filmmaking.
claire-aguilar
Kaytie Johnson
Kaytie Johnson is the Rochelle F. Levy Director and Chief Curator at the Galleries at Moore College of Art & Design.
kaytie-johnson
Charles Sheeler: Fashion, Photography, and Sculptural Form Performances
The Michener Art Museum presents a series music performances and dance workshops that capture the spirit of the 1920s.
charles-sheeler-fashion-photography-and-sculptural-form-performances
Marian Bantjes
Marian Bantjes is a Canadian graphic artist, designer, typographer, and writer. Her work was included in Word & Image, a Center-funded contemporary exhibition, part of Framing Fraktur at the Free Library of Philadelphia in 2015.
marian-bantjes
Mark Beasley
Mark Beasley is a curator and writer from the United Kingdom who is currently curator-at-large at Performa in New York.
mark-beasley
Augmented Reality Brings 2,200 Year-Old Chinese Terracotta Warriors to Life in The Franklin Institute's Latest Exhibition
The Franklin Institute's a new immersive adaptation of one of the most significant archaeological discoveries in modern time recently made its debut in Philadelphia.
augmented-reality-brings-2-200-year-old-chinese-terracotta-warriors-to-life-in-the-franklin-institute-s-latest-exhibition
Fall Arts in Philadelphia: Milford Graves at Institute of Contemporary Art, Films at Eastern State Penitentiary, David Gordon On-screen
As the season turns to fall, Philadelphia's cultural institutions are offering new exhibitions and performances, with both online and in-person programming.
fall-arts-in-philadelphia-milford-graves-at-institute-of-contemporary-art-films-at-eastern-state-penitentiary-david-gordon-on-screen


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News Release 31-Mar-2020
Controlling coronavirus transmission using a mobile app to trace close proximity contacts
A team of medical researchers at Oxford University has published results today in Science that furthers our understanding of COVID-19 transmission; results are be used by international partners to develop mobile contact tracing apps to slow transmission
Oxford University Big Data Institute
Oxford, United Kingdom. A team of medical researchers and bioethicists at Oxford University has published results today in Science that furthers our understanding of coronavirus transmission. This evidence is enabling several international partners, including NHSX, a joint unit comprised of teams from NHS England and the UK's Department of Health & Social Care, and the Norwegian Institute of Public Health (FHI), to assess the feasibility of developing mobile apps for instant contact tracing in record time. If rapidly and widely developed, these mobile apps could help to significantly slow the rate of transmission, and support countries to emerge from lockdowns safely, as restrictions are gradually eased.
Professor Christophe Fraser from Oxford University's Big Data Institute, Nuffield Department of Medicine, a lead author on the Science paper explains, "We need a mobile contact tracing app to urgently support health services to control coronavirus transmission, target interventions and keep people safe. Our analysis suggests that about half of transmissions occur in the early phase of the infection, before you show any symptoms of infection. Our mathematical models also highlight that traditional public health contact tracing approaches provide incomplete data and cannot keep up with the pace of this pandemic."
The project is co-led by Dr David Bonsall, senior researcher at Oxford University's Nuffield Department of Medicine and clinician at Oxford's John Radcliffe Hospital, who explains "The mobile app concept we've mathematically modelled is simple and doesn't need to track your location; it uses a low-energy version of Bluetooth to log a memory of all the app users with whom you have come into close proximity over the last few days. If you then become infected, these people are alerted instantly and anonymously, and advised to go home and self-isolate. If app users decide to share additional data, they could support health services to identify trends and target interventions to reach those most in need."
The authors argue that a mobile app can reduce transmission at any stage of the epidemic, in countries or regions where the epidemic is just emerging, at the peak of the epidemic, or to support a safe transition out of restricted movement or lockdown. It could also help to reduce the serious social, psychological and economic impacts caused by widespread lockdowns. Critically, the researchers suggest a mobile app can help slow the spread of infection until vaccines and antiviral treatments become widely available.
Prof Fraser explains, "A contact tracing app can foster good citizenship by alerting people at risk, it can also help ease us out of confinement If we know we've not been in contact with anyone infected we can leave home safely, whilst still protecting our loved ones and avoiding a broader resurgence of coronavirus in our community."
Given the level of infection across much of Europe, the team believe ongoing development of a mobile app partnership across the union would massively reduce transmission and avoid a resurgence in the number of cases, providing an opportunity for all citizens using mobile contact tracing apps to contribute towards ending the epidemic. An app strategy could also be used by low and middle income countries, earlier in the epidemic, to rapidly control transmission and get ahead of the epidemic now.
The Oxford team highlight that the mobile contact tracing app should still be combined with isolation of cases, tracing and quarantine of contacts, physical distancing, scaled-up diagnostic testing, decontamination and hygiene measures.
As Dr Bonsall explains "If the mobile app is widely adopted in any country, and combined with other critical interventions such as physical distancing and widespread testing, our models suggest the epidemic could be brought under control. This app is a tool for each and every person affected to contribute towards protecting their health services, supporting vulnerable people and simultaneously gradually releasing communities out of extended quarantine."
Today's Science study highlights the importance of rigorous ethical standards underpinning the successful and appropriate use of mobile phone technology in addressing the coronavirus pandemic; including a number of ethical requirements needed to foster well-founded public trust and confidence. Professor Michael Parker, Director of the Wellcome Centre for Ethics & Humanities and one of the paper's authors, highlights, "With transparent and inclusive ethical oversight to ensure genuine public trust, it is possible to both save lives and protect civil liberties. The app should be opt-in, provide secure data storage and privacy protection, and be informed by public and user engagement at every stage of implementation. With these guarantees and, if widely installed by users across a country or regional bloc, a mobile app could even help to end the epidemic."
As mobile apps launch over the coming weeks and months, the Oxford research team urges people to support official apps, developed by trusted institutions, and their partners, such as the mobile contact tracing apps under advanced assessment in several European countries. Professor Fraser concludes, "Our hope is to support communities with life-saving information as the pandemic worsens, and help to release countries from large-scale isolation. The maths is clear: the more people that use a contract tracing app the better chance we have of getting ahead of this epidemic and eventually stopping it in its tracks. If a country reduces the epidemic growth rate to below zero, the epidemic will rapidly decline and eventually stop. Together we can make this possible."
Quantifying SARS-CoV-2 transmission suggests epidemic control with digital contact tracing
Discover the results of a mobile app focussed survey from a large representative sample of the UK population (1055 respondents) conducted 20-22 March 2020. Other country surveys are also available for Italy, Germany and France, currently in each language. Visit this link to download.
Visit our website: http://www.coronavirus-fraser-group.org/for-media
Explore the mathematical model of COVID-19 infectiousness in an interactive online tool.
For interviews or quotes, contact Andrea Stewart, Communications Lead - UK time zone.
WhatsApp +44 7528 132 489 and email: andrea.stewart@bdi.ox.ac.uk
Oxford University, Nuffield Department of Medicine, Big Data Institute, Fraser Group.
Available for interview
Professor Christophe Fraser, Senior Group Leader in Pathogen Dynamics in the Nuffield Department of Medicine's Big Data Institute. Prof. Fraser worked on previous epidemics including SARS, Ebola, H1N1 flu and HIV. Prof Fraser is a mathematical modeller leading a multidisciplinary team that develops innovative approaches to epidemic control.
Dr David Bonsall is a researcher at Oxford's Nuffield Department of Medicine, Medawar Building & Big Data Institute, and a clinician at the Department of Infectious Diseases and Microbiology, Oxford University Hospitals NHS Foundation Trust, John Radcliffe Hospital.
Prof Michael Parker, Director of the Wellcome Centre for Ethics & Humanities and Ethox Centre, in Oxford's Nuffield Department of Population Health
Dr Luca Ferretti, senior researcher in Statistical Genetics and Pathogen Dynamics at the Big Data Institute at University of Oxford.
10.1126/science.abb6936
Andrea Stewart
andrea.stewart@bdi.ox.ac.uk
Wellcome Centre for Ethics & Humanities
/Health and medicine/Diseases and disorders/Infectious diseases/Microbial infections/Viral infections/COVID 19
/Social sciences/Political science/Government/Public policy/Science policy/Research management/Big data
/Social sciences/Philosophy/Ethics/Academic ethics/Research ethics
http://www.coronavirus-fraser-group.org/for-media


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Dai Crisp and his wife PK McCovy launched the Lumos Wine Company in 2000. Crisp began professionally growing grapes at Croft Vineyards in 1990 and since 1999 has been managing Temperance Hill Vineyard, a 100-acre site in the Eola Hills. Grapes from this vineyard are sold to many of Oregon's top Pinot Noir producers. After feeling secure that he knew how to grow grapes, Dai decided to start his own label.
Lumos Pinot Noir is sourced from the family's home Wren Vineyard and the 100-acre Temperance Hill Vineyard and Rudolfo Vineyard both of which he manages.
Lumos is the first Food Alliance Certified Winery making wine only from Food Alliance Certified vineyards in Oregon.
Lumos wines are distributed in the retail market and sold directly by phoning the winery (541-929-3519). The Lumos tasting room is located on the Crisp family farm in Wren, Oregon, 16 miles west of Corvallis. A cabin left standing on the property from the H bar H Dude Ranch which occupied the property in the 1940s was converted into a tiny tasting room. The winery is located in McMinnville.


Norman Vincent Peale the moment mentioned, "All effective people today have a very intention. Nobody may get any where unless of course he is aware of the place he needs to go and what he needs to become or do." eSCAPE: The 4 Stages To Becoming a Successful Entrepreneur.
Dr. Peale was appropriate. You will by no means meet up with an effective person in almost any area that is not proficient at setting targets after which performing to accomplish those targets. The field of online marketing just isn't an exception to that rule. Goals are arrived at with 1000s of child measures rather than just a couple large actions.
Every single affiliate marketer must have not less than three aims lists that he really should seek advice from on the day-to-day (if not hourly) foundation.
The first, and doubtless the shortest, record will be the 'Long Time period Goals' list. The entries on this checklist needs to be the achievements you system to obtain within five many years or for a longer time. In case the number 1 purpose on the 'Long Time period Goals' record should be to realize success at online marketing, you would possibly just have a shot at reaching that purpose.
Napoleon Hill claimed, "A goal is often a desire which has a deadline." He was right. A objective is also a desire using a prepare of action to accomplish the job so let us transfer on to your subsequent goals record.
The next objectives listing is exactly what I simply call a 'Short Phrase Goals' record. The 'Short Term Goals' checklist is going to be just a little extended in comparison to the 'Long Time period Goals' listing. Below you need to list what you system to accomplish inside this 7 days that can get you closer to accomplishing the number 1 product in your 'Long Term Goals' record and these entries ought to be specific. Every week will require a brand new 'Short Term Goals' record.
The third will be the 'Today's Goals' record, which one particular is very, pretty distinct. The things within the 'Today's Goals' record needs to be intended to get you closer to accomplishing the merchandise on your 'Short Expression Goals' checklist.
The purpose listed here is the fact your extensive time period objectives will only be accomplished by carrying out the jobs every single working day that bring you closer towards your dream. Results isn't really made up of some giant measures. Achievement is designed up of a large number of infant measures all likely inside the identical way.