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Courtesy Photo A conceptual drawing of the front of the building. The goal of the designers was to make it fit in with the historic aesthetic of the downtown area.
New Sigillo Cellars building proposed for vacant King Street Lot
Future development of the King Street lot, located on King Street and Railroad Avenue in downtown Snoqualmie, may become a reality within the next year. Sigillo Cellars, a winery in downtown Snoqualmie, has an option to purchase the lot from the city and is currently working toward completing the second milestone toward purchasing the property.
Sigillo Cellars, co-owned by husband and wife Mike and Candy Seal, their son Ryan Seal and friend Scott Hussey, began discussion with the city in August 2016. Mike Seal, along with a representative from SkB Architects in Seattle, presented their concept for a winery and hotel for the King Street lot at the Oct. 23 Snoqualmie City Council meeting.
The concept presentation and the council's subsequent approval of the winery's direction and intent was the first milestone toward the purchase. The concept outlined an approximately 25,000 square-foot, two-story building with a restaurant and wine production facility on the first floor and a small hotel space on the second floor.
The concept also shows improvements to the sidewalks and a deck overlooking Sandy Cove Park. Seal said they intend to build the deck and give it back to the city for public use, as well as making improvements to the park.
Sigillo Cellars started production and bottling for their winery on the corner of Meadowbrook Way SE and Park Street in 2012. In 2014, they opened the tasting room location in the Mignone building on Railroad Avenue. Seal said that now the company is looking to move out of the small, cramped production space on Meadowbrook Way and tie their entire business together in one building.
"It gives us really good production space, adequate barrel rooms, a laboratory for testing and so forth with the wine," he said.
In addition to the wine production space, the plans also include a restaurant in the front of the building and tasting room along the side. Seal said that because wine production is not a year-round process, the rest of the year, the production space can be rented out for events.
"Wineries don't use that production space all year long, and we wanted to make it like an urban loft place that could be rented for weddings, special parties, stuff like that," he said.
Since the council's unanimous approval, Seal has begun work on a presentation to the city regarding financing, which will allow them to "provide notice and exercise the option to purchase," said City Attorney Bob Sterbank.
"We have to get a loan in process by a certain date, the intent is to finance it a couple different ways, with some private funding and with a lending institution, probably backed by a (Small Business Association loan)," Seal said. "They just approved the extension for us to get the loan and have it in place by June 30. We hired a local attorney who is helping us with private placement, then once we know the dollar amount of that private placement, we can go to the bank and get the loan in process. If everything went perfect, probably we would start construction in less than a year."
One concern raised by council members and citizens in October was the city's downtown parking availability, which the lot has provided for several years. The King Street lot once had a police department on it, but has been used as parking since the building was taken down.
The new winery concept does include designated parking spaces on the side and behind the building along Sandy Cove Park, but the planned spaces don't equal the total amount of cars that could fit onto that property as it exists today.
In council discussion with Community Development Director Mark Hofman, downtown redevelopment and parking improvement projects were discussed as already being planned for the area, which would open up parking all around the downtown block, not just for the Sigillo Cellars building. The goal of continued downtown redevelopment and the Riverwalk project is to increase foot traffic in the area which would encourage locals and visitors to walk around the downtown area and visit the businesses there.
With plans in place to increase the amount of parking spaces all along the downtown corridor, the council approved the concept.
At the meeting Hofman, explained that once the Sigillo Cellars formally owns the property, they could pursue more detailed designs and then present those to the city for design review.
"At that point they need to meet all the criteria for the historic district, the downtown vision plan, the downtown master plan and all Snoqualmie Municipal Code that applied, including parking," he said.
Seal said he is looking forward to continuing to be a part of the Snoqualmie community as well as the city's business community.
"We love the Snoqualmie address, we love the people here," he said. "We have the opportunity to be here and we want to stay here."
A plan of the first floor of the proposed building from the presentation to city council on Oct. 23. The deck on the right overlooks Sandy Cove Park. (Courtesy Photo)
Summer real estate heats up, gaining momentum
A monthly real estate snapshot from John L. Scott Real Estate.
Microsoft reveals project criteria for $500 million affordable housing funds
The company will soon accept applications for projects related to affordable housing on the Eastside.
'Dynamic' housing market enters pre-summer phase
A real estate snapshot from John L. Scott Real Estate.
Eastside rental market could balance out with the region
Eastside rent medians increased by 2.8 in the past year, a decrease in growth from previous years.
Eastside market heats up as major tech news hits
Sweet Treats feeds a desire for cookie dough
The local vendor and catering service offers safe-to-eat cookie dough on the Eastside.
QFC to stop offering plastic bags in all stores on April 1
The commitment comes early as its parent company, Kroger, pledged to end plastic bag use by 2025.
Nintex acquires EnableSoft in company acquisition
Bellevue-based company is a world leader in workflow automation industry.
Local inventory is up; buyers, sellers prep for spring
By Erin Flemming Special to the Record If you're looking to purchase… Continue reading
North Bend's Huxdotter Coffee consturction underway
Huxdotter Coffee is in the midst of construction on an all new cafe and drive-thru.
Stocks stay strong for Smartsheet, Microsoft, T-Mobile
Fortune 500 functionality, Hololens technology, 5G network contribute to growth
Praerit Garg joins Smartsheet as CTO
Bellevue-based company employs 760 people


President Trump has endorsed over 50 Republican candidates from his Twitter account. This page is dedicated to the Democratic candidates who are running against his picks.
There are no spotlight candidates yet. Do you know someone running that you think should be here? Send us an email.


Lusciously textured garments, organically handmade stitch by stitch with dedication and patience, gradually become pieces of wearable art.
Bare hands weave natural threads, translating them into sculptures made for the female form with sophisticated and timeless techniques.
These slow processes that value every detail, contain within them the genuine desire to provide comfort and elegance for women who honor their own authenticity.
Isa Catepillán presents 'ANCESTRA', a collection dedicated to the female lineages that preceded her life's work, those whose knowledge came down generation by generation, up until this moment. Especially the Mapuche-Williche women, Indigenous to Chiloé Island in the South of Chile, where Isa finds her roots.
because for me it is more like a prayer"


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Religion Now! Seminar Series
RE at Edge Hill
Tag: Spirituality
BA (Hons) Education & Religion – The Island
September 25, 2017 / Sjay Patterson
Today we started teaching on our new BA (Hons) Education and Religion! Using Sue Philips' 'Theatre of Learning', the group experienced being stranded on a desert island after a plane crash (inspired by Lost!) and had to work in their tribes to consider and create rites of passage, sacred places, sacred texts and guidelines to live by. An experiential start to the course!
The Theatre of Learning
March 1, 2016 / Paul Smalley
Hollie wrote this about the recent visit of Sue Phillips to Edge Hill, where she worked with Undergraduate and Postgraduate students:
My biggest fear in the classroom is having a class full of pupils and they do not listen to me. I fear they will not be engaged in the lesson I am teaching them, that it will not be interesting enough for them.
When I think back on my Religious Education lessons at school, my teacher made the lessons interesting- but it was only ever using videos or conversations in the classroom. Her personality was amazing and she was meant to be a teacher- she was my inspiration. However, from what I can remember about my lessons, we never did anything crazy, fun, whacky or out of the ordinary.
This year of University has taught me how to be a better teacher, using different ways of teaching the students to keep them engaged and interested in the lesson.
Sue Phillips came to University last week and told us ways on how to make an RE lesson more interactive, keeping the students involved in the lesson, making them feel apart of it.
Most of the things she taught was about using stories, keeping them involved. You make a story, tell it to the class, keeping them engaged and guessing as to what is going to happen next- and I have to say I love this idea! You can use it in so many different ways, and you adapt it to RE topics.
For example, you could a story about a young girl making decisions that people around do not necessarily agree with, linking to the idea of morals and morals in religion, with another connection to rules in religion and why religions have rules they follow. This links to their central beliefs in the religion.
Sue really helped me with ways to help the older students in the school by giving ideas on how to keep essay writing creative and fun too! It was more to do with the layout of the structure creating more discussion rather than a template on a piece of paper.
She not only gave me a lot of ideas that I can use for teaching when I start my placement in April, but I have recently created a Scheme of Work in a group for Judaism to teach a class of Year 8 pupils next week. With these different ways of teaching, making the classroom more interactive, I have incoroporated some of these ideas into one of the lessons to make it more fun and interesting for the students.
Every week, with books I read and visits to places or people to university, it makes me more confident about becoming a teacher. I cannot wait to start my placement next month!
Three Days in the Theatre of Learning
December 16, 2014 / Paul Smalley
Having spent two days with us last year, an old friend of Edge Hill, Sue Phillips, spent three days with us to showcase her approach to experiential learning: one day with secondary Undergraduates, one day with PGCE and one day with Primary students.
Sue has developed the 'Theatre of Learning' pedagogy. This began with an understanding of religion neutral exercises, the most well known being the Island. Sue then encouraged us to apply that thinking to a number of different religions, including stories as diverse as cosmology and homelessness. Many of the activities were participatory and the students from all three cohorts were able to engage and relate to the pedagogy in a visceral way.
Feedback from the students was stunning and they are eager to implement some of these ideas on their Professional Placements in the near future. Photos from Sue's visit can be seen here.
"An Enlightening Trip", or how to live a happy, fulfilling, meaningful life
October 16, 2014 / Francis Farrell
RE PGCE Trainee Marianne Howe reports back on her groups experiences at the Triratna Buddhist centre in Manchester:
On the 16th of October, the secondary RE PGCE group was given the opportunity to visit Manchester Buddhist centre. The day began at University with a Buddhist subject knowledge enhancement course led by our course leader Francis Farrell. This provided us with an in depth theoretical knowledge of Buddhist Dharma.
We started the session with a fun game entitled 'What would make you happy?' This engaged our curiosity and brought to the fore central themes which lie at the heart of Buddhist dharma. Questions such as would money and material wealth make you happy as opposed to the spiritual wealth of love and 'peace of mind' was raised. Distinctions between what exactly we mean by happiness started to form and stimulated rich philosophical debate and insight. In particular distinctions between 'quick fix' and fleeting feelings of happiness were discussed as opposed to more fulfilling and everlasting feelings of happiness.
Throughout this session, Francis provided us with an in depth knowledge and understanding of the basic teachings of Buddhism, which was explored through the lens of the original Buddha- Siddhartha Gautama. We discovered that the original Buddha primarily concerned himself with one of life's ultimate questions- what is the meaning and purpose of life? Throughout the session it became clear that Gautama's quest involved deep exploration and meditative insights into concepts such as happiness, virtue and what it means to lead a good, happy and fulfilling life.
Our new knowledge and wisdom gained from this session was brought alive when we visited the Manchester Buddhist Centre in the afternoon. Situated in the lively and bustling Northern quarter of Manchester, the centre itself had a calming and tranquil feel. Upon entering the building, it was hard not to notice the three jewels or refuges of Buddhism which caught your eye instantly. Consisting of the Buddha (the enlightened one), Dharma (the teachings) and Sangha (the spiritual community), it was hard not to feel the presence of these three Buddhist treasures upon entering the centre for the very first time.
Beautiful golden statues of the Buddha surrounded us (reminding us of the enlightened one and his teachings). The sense of community was also clearly felt. Before beginning our tour we had a spot of lunch in the centres earth café, situated in the basement of the building. The earth café provided a relaxing and comfortable atmosphere to refuel/recharge our minds and bodies before we began the official tour of the centre.
After lunch we made our way to the main entrance, and received a warm welcome by our tour guide, Garavachitta who is an ordained Buddhist of the Triratna order. Garavachitta informed us that the meaning behind his name refers to one whose mind has turned to reverence. Surprisingly Garavachitta was not dressed in the usual monastic orange robes you would expect a Buddhist to wear. Instead he was dressed in ordinary clothes- reflecting the centre's modern, friendly and informal approach to Buddhist teaching. Bringing the ancient and mystical traditions of Buddhist dharma alive to the Western modern world.
After explaining to us the history of the building (the centre was once an old Victorian workhouse) and the various meditation classes/courses which are on offer at the center, we were led up a beautiful spiral wooden staircase to the second floor of the building. On this floor various meditation classes were taking place and we were told to be as quiet as possible. We were led into one of the main meditation rooms of the building and asked to take our shoes off before entering. A beautiful and awe inspiring golden statue of the Buddha awaited us.
We were asked to take a cushion and sit on the floor facing the beautiful shrine to the enlightened one or Buddha. Here we got the chance to find out more about Buddhist dharma and to also hear Garavachitta's story/background- learning about and from religion. We were able to explore and experience first-hand. Buddhist dharma in an open and non-dogmatic way. The session ended with a calming mediation led by Garavachitta. This was a wonderful opportunity to experience Buddhist meditative practice and fully absorb/assimilate our previous learning & knowledge. After our mediation we had the chance to do a spot of shopping and browse all things 'Buddha' in the centre's shop- from books to incense sticks, and mini Buddha statues.
This informative and enlightening trip provided us with deep subject knowledge of Buddhism- it awakened our consciousness & awareness of Buddhism and provided invaluable ideas/resources to bring the RE classroom alive! On a personal note, Buddhism for me has truths that speak to everyone irrespective of religious persuasions or not. The truths and insights offered by this religion are ones that I can not only value but also carry with me on my own journey of personal development, insight and awareness of how to live a happy, fulfilling and meaningful life.
Two days on 'The Island'
Sue Phillips once again visited Edge Hill to show us how to teach RE using the 'Theatre of Learning' pedagogy which she has developed. This year Sue was able to send two days with us, spending a day with PGCE students and a day with final year Undergraduates.
Both days followed a similar format, beginning with students spending time being introduced to 'The Island' the groundbreaking introduction to religious education invented by Sue and used by many schools throughout the country. This was followed by an investigation of how religion-neutral exercised can provide a meaningful way into deep religious understanding for many students.
Sue was able to show how each of the major world faiths can be taught using this methodology, ensuring concepts are understood by pupils. The students were hugely impressed with all they saw and experienced:
"It was one of the best sessions we have had at Edge Hill" – Matt
"A fantastic Experience" – Rachel
February 27, 2014 / Paul Smalley
Developing pupils' spiritual literacy is key to outstanding RE teaching.
"The school's thoughtful and wide-ranging promotion of pupils' spiritual, moral, social and cultural
development and their physical wellbeing enables them to thrive in a supportive, highly cohesive learning
community." Ofsted: Descriptor of outstanding overall effectiveness (January 2014)
Year 2 Undergraduate students spent a morning with Emma McVittie in order to help them be able to plan for Spiritual Development during their school placements. Emma is a member of the Executive Committee for the International Association of Children's Spirituality and has written widely in the field.
Students first worked to define spirituality and were introduced to a model with four 'dimensions'
Looking Within: Concerned with personal spirituality and inner-thoughts.
Looking to Others: Thinking about the social and moral aspect of spirituality and the influence on relationships.
Looking Around: The world around us and how this can instil, influence and spark our spirituality.
Looking Beyond: The transcendental aspect of spirituality. Looking beyond ourselves and linking spirituality and religion.
The session became more experiential with students using some resources from the ME! resource which Emma has created and uses in schools. After a break students used the gardens at Edge Hill to work in pairs to be human cameras, taking pictures of big and little wows. Finally back in the classroom more active learning techniques for developing pupils' spiritual literacy were demonstrated and tried out by the students.
I thought it was a great. Loads of different teaching techniques for the classroom and a great way of showing how spirituality can exist both within and externally to religion – Sarah
October 3, 2013 / websterm
As part of the launch of the PGCE Primary programme, the trainees took part in workshops that gave them a taster of creative ways to teach the foundation subjects. A group of 60 students took part in exploring Sacred Spaces by considering the work of Eliade (1987) and Turkle (2011) where objects become evocative or sacred because of the meaning that people attach to them.
In groups they explored Ruff woods and considered how to make it meaningful and then created a sacred/meaningful space which could be used for reflection, worship, ritual or simply silence. Here are some of the spaces
A Day in the Theatre of Learning
March 12, 2013 / Paul Smalley
Sue Phillips visited Edge Hill university to invite PGCE and Final Year KS2/3 Undergrauate students to spend a day in the Theatre of Learning. Sue has pioneered this exciting and experiential form of RE over the past few years and was delighted to share her pedagogy with the students.
Students were shown the famous 'Island', and a variety of religion neutral exercised. Evaluation, spirituality, assessment, and even quantum physics all featured in the day, whilst the session ended withstudents being invited to don bin bags and empathise with the experience of a homeless person.
Students were inspired by this day and are eager to put Sue's ideas into practice on their final teaching practice.
Islam and Spirituality at the Network Meeting
December 4, 2012 / Paul Smalley
Almost a dozen Mentors, Lecturers and consultants were able to attend the RE Subject Network's recent twilight session held at Byrchall High School.
We were privileged to have the input of Emma Mcvittie who explained how her ME! resource was helping pupils develop spiritual literacy in both primary and secondary settings nationwide. This was followed by a general discussion of good practice from around the partnership led by Gill Robinson of Rose Bridge High School.
Waqaus Ali spoke to us about the work of ThinkBrite Services who can lead Inset for staff, provide visitors to schools or create a tailored day visiting a local Mosque. Edge Hill Students have benefited from Waqaus' expertise for many years.
Gill concluded the evening with some national updates, around many issues including the RE Council's consultation report on the proposed New National RE Framework. It was a while before people left, though, as people spent time with our visitors exploring the possibility of doing further work together.
The date of the next twilight is provisionally set for 28th February at Rose Bridge High School.
Year 2 Undergraduates get Spiritual
November 20, 2012 / Paul Smalley
Year 2 Undergraduates welcomed Emma McVittie to Edge Hill to lead a session on planning for Spiritual Development.
Emma is an independent RE Consultant and the Primary Leader for REonline. Her passion for improving educational standards led her to become a teacher educator, advisor and speaker where she enjoys having a larger influence in educating people about R.E.'s place in the 21st century. Her whole career has been spent within primary education and she has taught in a range of settings including: Pupil Referral Unit, special schools and small, rural, mixed key stage schools through to large urban schools with many hundreds of pupils. Emma has an international reputation and speaks, on all aspects of RE from school development to staff motivation using a variety of modern, innovative, and creative methods that will enthuse staff and children alike
Emma spoke about some of the theoretical background to Spirituality in Children before using some of the resources from her ME! resource to enable the students to learn experientially.
All the students reported that the session was superb and gave them an insight into spiritual development as well as practical ideas which they hope to use in their school placements after Christmas.
Atheism Booster Course Bradford Buddhism Christianity Conferences Creativity Curriculum Dharma Divali featured GCSE Graduation Hinduism History Holocaust Islam Jainism Judaism KS2/3 KS4 Liverpool Cathedral Mentors Nature Network Ofsted Outdoor Learning pedagogy PGCE Places of Worship Post-16 Primary Professionalism Research Sacred Space School Secondary Secondary Undergraduate SEN Sikhism Spirituality subject knowledge Sufism Technology Visit
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redpajama_set_name: RedPajamaCommonCrawl


Little Susie is stuck in her haunted summer house. She must escape the horrors unscathed. Enjoy this game of distorted reality using standard 3rd person controls, cameras, and the "Z" button. It's easy to get lost, but can you find the way out? Voted 3rd Place in the Audience's Choice at the jam site!
Puzzles are divided by rooms. In each room, you have to find a door that is distinguished from the others. If you select the wrong door you might end up in grave peril -- forcing you to go astray or wind up back in your bedroom!
Executable for Windows PC provided; Additional Builds Coming Soon.
Alright, either later or tomorrow, I'll get you all a lock sound, some phantoms, fire, those things. Please give me feedback/criticisms/requests.


I hear the new design for 06 is over rail design. Also heard its fast, G. Clark has won like 7 out of 11 races with it or something.
I have not seen it, but Personally think that overrail cars are the way to go anymore. I am changing my BMS over too an overrail design.
its called a DW 11 we have had one for a couple of weeks...probably won't race it till feb. at east bay.It is an overrail with the cage more like a DW 8,wish we had the time to finish it now but to many irons in the fire.
can you tell us more about it. What rear setup is it? Is it copied from a late model, if so which one?
any pics of the frame?
DW 10, overslung on a chevelle stub. Multi-link. I have seen 3 of them all doing well.
well i'm not going to argue over 10 or 11 but look at dirtworks site 2005 feature winners and andy claiborne and gary clark are listed as DW 11 we have the same car,the back is 2 inch round tube and it is wider. They have removed at least one bar and relocated a couple of others,ours has the 66 front end so we will use spacers,and I believe u can still get any suspension you want.I don't have a digital camera so I don't have pics maybe Dirtworks will put one up soon.
Aggressive is correct...the DW11 is overslung. The 10's had the new main cage but still used an underslung rear clip.
there was a post a week or so ago on 4m on one of the mod pages and jeff leka has a new one and they really liked it.
I just took a look at one last night. Looks like an DW8 from the front to just behind the seat then its an overslung rear. There are some minor differences in the cage, but for the most part its an 8. Went back to the 8 style upper control arms as well.
Im not sure about the rear clip yet, it doesnt look all that strong, not what i expected to see anyway. It looks like the same upper bars they just hacked out the lower ones and any bracing with them. The car owner told me it was something they had done on older DW cars.
Does DW use Chevelle fronts w/ Pinto spindles or is it all Chevelle?
Yes the use 64-67 and 68-72 chevelle fronts with the pinto spindles.
We went to Clinton, OK this past weekend for the $20k show. We had a spot saved with the dirtworks cars so I got a good ear full from Scott Drake, Gary and Mike.
The DW-11s are almost a completely new designed chassis front to rear. The main cage is moved forward 2 inches with the S bar along the interior floor pan like the DW-7's. The rear clip is a 2 inch tube non-underslung car with the top down bars from the halo to the tail. They have changed bars on the right side of the car along with bars on the front end. They have changed the front geometry also.
The idea with these cars is the front end hooks up so well you dont need 58-59% rear anymore. Thats why the cage is moved forward and the rear underslung bars are removed. You can drive these cars in hard and the frontend will keep the car down increasing momentum through the corner so you dont need all that rear percent to come off.
I think they also moved the cage 2" to the left as well. Talked to a guy that has one last week at the track and he really liked his so far. also on short 2 link and he also said he was only running about 54-55% rear, but about 1% more left than he used to.
The snake bar is back from the dw-8 cars, the left side door bars are different, the upper cage bars and halo are like the 8's, the x in the bottom is completely different. Running another show this weekend with them so I hope to get a better look at them. Also i think maybe Gart mightbe there as well so I'll get some more info.
Thanks guys, sounds like DW guys aren't standing still. Do yall know if any of the guys are running a 4-2 set up? Maybe I'll get to see one before year is out. I heard Clark and Drake are going to be at the Piney Woods Classic,can anyone confirm this? Thanks again.
So if i was looking to maybe get a used a DW car.Would i want a DW 8 as my first choice??
Over a 7 or a 9?
I want to get rid of the 4-bar and go to a 2-link!!!!
I dont know anything about the 7. The 9 arent bad depends on who you talk to. Some like them some hate them. They are prob a little touchier on setup though, no matter whether its 4 link ro 2 link. We have a 9 and have gotten along pretty well with it, its also our first 4 link car so it took a little learning there too. I think the chassis is just a little too stiff overall for a dirt car. Overall a good straight 8 would prob be a good place to start, but I wouldnt rule out a 9.
We've had 2 8's and a 9. The first 8 was great, the second one not as much and the 9 has been good and getting better. I think we might look at getting into a new car though next year, so our 9 might be for sale.
Scott Drake told me last weekend the reason him and Gary run 2 links is "if you travel alot buy a 2 link, they're easier to dial in for each track. If you run one track buy a 4 link." Scott also said the only reason he has 4 bar brackets on his car is for resale value.
We was behind Terry Phillips waiting for tech. He had a 2 link short swingarm setup on the LR, 4bar clamped spring behind on the RR. I didnt get to look at the Taylor-Shaw chassis, other than from a distance and these are non-underslung cars.
4 Bar, and a Clamped coilover behind?
Anyone have a new DW-11 in/near Kansas City that I could come take a look at???
Kerry Davis and Gary Clark will be at Lakeside on Friday and Saturday. Kerry just won at Thunderhill on Saturday.


Surgeons at the Royal Melbourne Hospital were unable to save the foot of Miladin Adamovic, known to his friends as Mick.
The construction site was shut down, and CFMEU occupational health and safety manager Gerry Ayers said Mr Adamovic's colleagues were in shock.
"Our thoughts are with Miladin's family and the workers who witnessed the incident. We're going to provide counselling for all those workers," CFMEU occupational health and safety manager Dr Ayers said.
The 40-year-old father of 10-year-old son Phillip is being comforted and supported by his family, friends, and colleagues. He will require more surgery in the coming days.
CFMEU Assistant Branch Secretary Shaun Reardon yesterday visited Mr Adamovic and spoke with his shocked family.
Investigations into the accident by the union and WorkSafe Victoria are continuing. Mr Reardon has also demanded urgent meetings with industry stakeholders and the Melbourne City Council.
"We are disturbed that ridiculous construction industry deadlines and restrictions on weekend work are putting workers at risk," Mr Reardon said.


text:
453 F. 2d 320 - Bailey T. Debardeleben and Richard Egan, Surviving Trustees of Debardeleben Employee's Retirement Plan, v. Marcellus M. Cummings
453 F2d 320 Bailey T. Debardeleben and Richard Egan, Surviving Trustees of Debardeleben Employee's Retirement Plan, v. Marcellus M. Cummings
Bailey T. DeBARDELEBEN and Richard Egan, surviving Trustees
of DeBardeleben Employee's Retirement Plan,
Plaintiffs-Appellants,
Marcellus M. CUMMINGS, Defendant-Appellee.
No. 71-1812 Summary Calendar.*
Jan. 3, 1972.
Irvin J. Langford, George W. Finkbohner, Jr., Mobile, Ala., J. B. Blackburn, Bay Minette, Ala., Howell, Johnston, Langford & Finkbohner, Mobile, Ala., for plaintiffs-appellants.
Paul W. Brock, G. Hamp Uzzelle, III, Mobile, Ala., for defendant-appellee; Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, Ala., of counsel.
Before JOHN R. BROWN, Chief Judge, INGRAHAM and RONEY, Circuit Judges.
The battleground for this appeal is the rocky terrain of Subchapter D of the Internal Revenue Code, 26 U.S.C.A. Sec. 401 et seq., and predictably the weapons consist of alternative mathematical formulas for the calculation of benefits payable pursuant to a so-called "qualified" employee retirement pension plan. After losing the first-round skirmish when the District Court granted the defendant-Pensioner's motion for summary judgment, the trustees of the plan now attempt to bring up heavy artillery for reversal by contending that material issues of fact are as yet unresolved. The barrage is never zeroed in. We affirm.
Apart from the questions raised by the trustees regarding the propriety of summary judgment, the case is simply a matter of the correct interpretation of some rather involved contractual and statutory language. Viewed from this angle our problem is to decide whether the plan's prescription for the redetermination of benefits in the event of an early termination of "qualified" status requires the computation of the number of years elapsed between the date of the plan's initiation and (i) the Pensioner's retirement date (as contended by the trustees) or (ii) the plan's termination date (as asserted by Cummings, the retired employee-Pensioner). With the District Court we conclude that despite its unavoidable and traditional prolixity the plan is not ambiguous when read in conjunction with the applicable Treasury regulations, and that a proper construction of it dictated on the undisputed facts a judgment for Pensioner.
Our analysis centers on the dissolved DeBardeleben Marine Corporation (formerly Coyle Lines) employee retirement plan and pension fund, established on July 1, 1956 and geared to qualify for the favorable tax treatment afforded by Sec. 401 and Sec. 501 of the Code. One of the requirements for qualification under these sections is that the plan must not discriminate in favor of certain classes of employees with respect to contributions or benefits provided,1 and the applicable Treasury Regulations2 implement this standard by requiring each plan to incorporate specific restrictions limiting the maximum benefits payable to such employees in the event any one of three named contingencies should occur. Section 3.8(b) of the Coyle plan3 contains these limitations, and both parties agree that the meaning of this provision (particularly the key phrase "multiplied by the number of years elapsed since July 1, 1956") controls the disposition of the case and must be determined by reference to the Regulations.
Before implementation of the DeBardeleben (Coyle) plan, and prior to each subsequent revision of it, the trustees secured a determination letter from the District Director of Internal Revenue approving qualification of the plan under Sec. 4014 and exempting the pension fund under Sec. 501.5 In succeeding years several changes in the plan were made, including the addition of DeBardeleben Marine Corporation as a participant in September 1959 and a change in both name and trustees in February 1964. All such revisions were explicitly conditioned on the approval of the District Director and the continuation of exempt status.
Pensioner Marcellus Cummings was originally a Coyle Lines employee who elected to participate in the plan when it was inaugurated on July 1, 1956. He retired on April 30, 1962, having received an average annual salary during the preceding five years of $23,700. For the first 16 months following his retirement he received from the company's pension fund a monthly payment of $316.65. Then, on September 1, 1963, the fund purchased for him a single premium annuity policy costing $49,708.77 which since that date has paid him a monthly income of $319.65. Cummings' total contribution to the fund amounted to $5,335.56, while the 16 monthly payments he received before purchase of the annuity totaled $5,114.40. There is no dispute that he is one of the class of employees subject to the limitations on pension benefits contained in Sec. 3.8(b) (note 3, supra).
The problem arises from the fact that the plan's qualified (exempt) status under Subchapter D was terminated by the District Director on May 31, 1966, thereby triggering the limitations. The surviving trustees under the plan, pursuant to an order of a Louisiana State District Court, were directed to seek recovery from participating employees of all excess benefits paid from the fund and thereafter to distribute ratably any recoveries to other pensioner-participants. Cummings refused their demands for reimbursement, contending that by the terms of the plan he had not been overpaid. Unable to resolve their conflicting interpretations of the cryptic proviso, the parties ended up in court, where the trustees sought a declaration of Cummings' obligations under the plan and a money judgment in the amount of $28,358.28.
The crux of the dispute involves the correct date to be used in computing "the number of years elapsed since July 1, 1956" (see note 3, supra). The trustees assert this phraseology to mean the number of years between the kick-off date and the date of retirement, in which event there would have been a $23,243.88 overpayment.6 Cummings, on the other hand, contends that the time elapsed is to be computed by using the date the plan was terminated (May 31, 1966), in which event there was no overpayment at all.7 In granting his motion for summary judgment the District Court adopted Cummings' formula.
In urging reversal the trustees contend not simply that the District Court misinterpreted the plan's provisions but also that the judgment cannot stand in any event because material issues of fact are still in dispute. If this were correct, reversal and remand would follow almost as a matter of course, since we have invariably rejected the appealing shortcut of summary judgment in lieu of trial when genuine (not illusory), material (not immaterial or irrelevant), controverted (not uncontested) issues of fact remain to be resolved. Cole v. Chevron Chemical Co., 5 Cir. 1970, 427 F.2d 390; United States v. Burket, 5 Cir. 1968, 402 F.2d 426; Braniff v. Jackson Ave.-Gretna Ferry, Inc., 5 Cir., 1960, 280 F.2d 523, on rehearing, 1961, 289 F.2d 939; Robbins v. Milner Enterprises, Inc., 5 Cir., 1960, 278 F.2d 492; Murphy v. Light, 5 Cir. 1958, 257 F.2d 323.
However, with equal consistency we have rejected the misconception that "it is the adversary, not the court, who must be satisfied and determine whether a genuine issue of fact exists." Bruce Construction Corp. v. United States, 5 Cir., 1957, 242 F.2d 873, 878; Jenkins v. Aquatic Contractors & Engineers, 5 Cir., 1971, 446 F.2d 520. There is no impediment to the entry of summary judgment when the dispute is verbal rather than factual. Almost as axiomatic is the principle that any genuine material issue of fact must somehow be shown to exist in the District Court. Where the moving papers do not reveal the presence of a factual controversy on a material issue, the adversary cannot simply assent by silence to the factual theory presented in the motion-and on which the parties stand in the Trial Court-and then assert thereafter on appeal as grounds for reversal a purported factual disagreement never before revealed. Christian v. Jemison, 5 Cir., 1962, 303 F.2d 52; Surkin v. Charteris, 5 Cir., 1952, 197 F.2d 77; 6 Moore, Federal Practice p 56.27.
Judged by these standards the propriety of summary judgment here is undeniable. On appeal the trustees argue what is in effect an entirely new theory of the case, never presented to the District Court, based upon the ostensibly unresolved factual issue of whether the plan was fully funded up to its termination date.8 There was not the slightest indication in the Trial Court that there was any question about funding. The battle was pitched over the choice of the two ending dates on the assumption that the condition of full funding had been satisfied. The Trial Court is not to be trapped by methods which focus on the critical decision, only to be brought up short in the appellate court by the belated argument that some condition implicit in the underlying controversy had not adequately been eliminated as a factual dispute. As the Trial Court saw it-and was entitled to see it-both parties assumed full funding in arguing for their respective interpretations of the limitations provision.9 We cannot now recognize this D-minus one attempt to resurrect and breathe new juridical life into a moribund issue strangled in its crib by appellants' inaction.
Trustees next argue that the District Court incorrectly assumed that another participant in the plan Henry DeBardeleben, did not retire but instead continued his employment with the company until his death on April 8, 1964.10 The purported relevance of this issue arises from the trustees' assertion that the District Director recomputed Henry's entitlement to pension benefits by using in the formula the date of retirement rather than the date of termination, thereby dictating that the same date be used in calculating Cummings' entitlement.
For several reasons the argument is unpersuasive. In the first place even if Henry DeBardeleben's benefits were computed by utilizing the date of retirement, the District Court was not bound to accept as conclusive of the legal issue the fact that the Internal Revenue Service had used the retirement date in applying the formula to another employee. Its task was to interpret the contract between the parties, not to determine how the District Director had interpreted the contract between Henry and the company.
Even more significantly, however, as clearly revealed by the letter notification of termination (App. 109-110), it was the claimed overpayment to Henry DeBardeleben that resulted in termination of the plan's qualified status in the first place. Yet when the plan was terminated on May 31, 1966, Henry had been dead for more than two years. Certainly not he-and presumably none of his heirs or legal representatives-were then in a position to assert that his entitlement should be recomputed using the date of termination rather than the date of retirement. On the other hand, if he had survived, he clearly would have been entitled to such a recalculation under Reg. Sec. 1.401-4(c) (2) (iii) (c), assuming that the full current costs of the plan had been met during the interim. As the District Court correctly concluded, Cummings was entitled to similar adjustments. The fact that Henry or his successors did not assert an equivalent right because of his unfortunate death was totally irrelevant to the computation to be used in this case.
The remaining points raised by the trustees are not really factual issues at all. For example, they contend that the District Court misunderstood the nature of the relief sought when it stated that "the plaintiff trustees seek to recover from defendant the difference between what the fund actually paid for the premium on [Cummings'] annuity and what they claim the fund should have paid for it, which was the sum of $28,358.28." According to appellants, what they actually sought to recover was the difference between the total amount paid to Cummings in pension and annuity benefits and the amount that should have been paid in light of Sec. 3.8(b)'s restrictions. We profess an inability to comprehend the nice distinctions asserted on the suggestion that the Judge must be faulted for his description of the problem, which we characterize as did he. Giving it more due than is warranted, the District Court's statement must be considered in connection with its later holding, with which we have agreed (see note 6, supra), that the 16 monthly pension payments were to be excluded from the calculation of the benefits limitation. Viewed from this perspective the Court's statement, if somehow lacking in accurateness, is nevertheless not plainly wrong, and in any event it does not involve a material issue of fact upon which the final judgment rests.
Finally, the trustees suggest as grounds for reversal an obvious typographical error in the District Court's final order. Since the regulation to which the Court referred is clear from the context, this contention must be dismissed as frivolous.
After this diversion resulting from the effort to create factual controversies which did not occur earlier to anyone close to this case or its management, we come back to the uncontested facts presented and the District Court's interpretation of the contractual limitation provision. Clearly his construction was the correct one. The language was not ambiguous. It provided that whenever the plan terminated or ceased to be fully funded the maximum pension benefits would be recomputed using the formula contained in Sec. 3.8(b), including "the number of years elapsed since July 1, 1956." No reference whatever was made to the date of retirement as a possible variable in this equation. When the trustees nevertheless asserted that this provision had to be read in conjunction with the corresponding sections of the Treasury Regulations, the District Court obliged and concluded that Sec. 1.401-4(c) (2) (iii) (c) dictated that the number of "elapsed" years be extended past the date of retirement so long as the plan was fully funded. Such an interpretation is clearly consistent with the language and purpose of both the plan and the Regulations, and its inevitable consequence cannot now be evaded by the simple expedient of contending that it is grounded on a material but heretofore undisputed issue of fact.
Summary judgment, often thought to be unavailable, is once again proved to be a valuable tool in the law's effort to stem the tide of flooding litigation. The parties are not to be trapped into waiving a plenary trial on issues that really exist. But neither is the Judge, the opposition nor the jurisprudence to be trapped by feigning an issue, so nonexistent as to be unrealized by combatting adversaries, in order to require a trial not on substantial issues but on ones that at most were merely not expressly negated and at best involved only "the optimistic hope that something might turn up." Bruce Construction Corp. v. United States, supra, 242 F.2d at 878. Such an approach is a distortion of the whole spirit of F.R.Civ.P. 56.
Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York, et al., 5 Cir., 1970, 431 F.2d 409
"(a) Requirements for qualification.-A trust created or organized in the United States and forming part of a stock bonus, pension, or profit-sharing plan of an employer for the exclusive benefit of his employees or their beneficiaries shall constitute a qualified trust under this section-
(4) if the contributions or benefits provided under the plan do not discriminate in favor of employees who are officers, shareholders, persons whose principal duties consist in supervising the work of other employees, or highly compensated employees."
26 U.S.C.A. Sec. 401(a).
"(2) (i) If employer contributions under a qualified pension plan may be used for the benefit of an employee who is among the 25 highest paid employees of the employer at the time the plan is established and whose anticipated annual pension under the plan exceeds $1,500, such plan must provide that upon the occurrence of the conditions described in subdivision (ii) of this subparagraph, the employer contributions which are used for the benefit of any such employee are restricted in accordance with subdivision (iii) of this subparagraph
(ii) The restrictions described in subdivision (iii) of this subparagraph become applicable if-
(a) The plan is terminated within 10 years after its establishment,
(b) The benefits of an employee described in subdivision (i) of this subparagraph become payable within 10 years after the establishment of the plan, or
(c) The benefits of an employee described in subdivision (i) of this subparagraph become payable after the plan has been in effect for 10 years, and the full current costs of the plan for the first 10 years have not been funded. In the case of an employee described in (b) of this subdivision, the restrictions will remain applicable until the plan has been in effect for 10 years, but if at that time the full current costs have been funded the restrictions will no longer apply to the benefits payable to such an employee. In the case of an employee described in (b) or (c) of this subdivision, if at the end of the first 10 years the full current, costs are not met, the restrictions will continue to apply until the full current costs are funded for the first time.
(iii) The restrictions required under subdivision (i) of this subparagraph must provide that the employer contributions which may be used for the benefit of an employee described in such subdivision shall not exceed the greater of $20,000, or 20 percent of the first $50,000 of the annual compensation of such employee multiplied by the number of years between the date of the establishment of the plan and-
(a) The date of the termination of the plan,
(b) In the case of an employee described in subdivision (ii) (b) of this subparagraph, the date the benefit of the employee becomes payable, if before the date of the termination of the plan, or
(c) In the case of an employee described in subdivision (ii) (c) of this subparagraph, the date of the failure to meet the full current costs of the plan. However, if the full current costs of the plan have not been met on the date described in (a) or (b) of this subdivision, whichever is applicable, then the date of the failure to meet such full current costs shall be substituted for the date referred to in (a) or (b) of this subdivision. For purposes of determining the contributions which may be used for the benefit of an employee when (b) of this subdivision applies, the number of years taken into account may be recomputed for each year if the full current costs of the plan are met for such year."
Sec. 1.401-4(c) (2).
"LIMITATIONS ON PENSIONS: If, at any time prior to July 1, 1966, the plan is terminated or the current costs thereof are not met, the monthly pension payable to or on account of any participant to whom this section is applicable shall not exceed an amount equal to that which can be provided from the contributions made under the plan in respect of him-including funds attributable thereto, but excluding all contributions made under the plan by such participant as well as fund attributable thereto-such contributions not to exceed the larger of the following amounts: (i) $20,000; or (ii) the product of the lesser of the following amounts, multiplied by the number of years elapsed since July 1, 1956; (a) $10,000; or (b) an amount equal to 20% of the participant's average regular annual compensation received from an employer for the five calendar years immediately preceding his retirement under the plan."
Treas.Regs. Sec. 601.201(o)
Treas.Regs. Sec. 601.201(n)
There is no dispute about the arithmetical calculation here and in note 7, infra. The computation under the trustees' method is as follows: $23,700 (average annual salary for the five years immediately preceding retirement) X 20% X 5.58331 (the number of years elapsed from July 1, 1956 to date of retirement) = $26,464.89 (maximum benefits). Subtracting this figure from the amount actually paid for the annuity policy ($49,708.77), the overpayment would have amounted to $23,243.88
The trustees actually sued for $28,358.28, but their formula incorrectly included the 16 monthly payments in computing the benefits limitation. As the District Court properly held, Sec. 3.8(a) of the plan and Treasury Reg. Sec. 1.401-5(c) (4) (i) specifically exclude such payments from the calculation.
Using this approach the result would be: $23,700 X 20% X 9.91667 (number of years elapsed from July 1, 1956 to date of the plan's termination) = $47,005.02 (maximum benefits). Adding to this Cummings' contribution ($5,335.56), the total limitation would be $52,340.58, well in excess of the $49,708.77 cost of the annuity
Obviously the relevance of this assertion arises from the fact that under Reg. Sec. 1.401-4(c) (2) (iii) (c) the date of the failure of the plan to meet full current costs, if occurring earlier than either the date of termination or the date of retirement, would be used in computing the limitation on benefits. In arguing their respective positions neither party adverted to this subsection, and the District Court did not even consider it. It is injected into the controversy now only as part of a last-ditch effort to find a controverted issue of fact
The trustees' use of the date of retirement in their formula, as revealed by their calculations filed in the District Court (Plaintiffs' Exhibit 2, App. 36), conclusively establishes that the plan was fully funded up to that date, since an earlier date would have resulted in an even greater limitation on benefits. At best they hope to create a factual issue from the bare assertion that on some date between retirement and termination the full current costs of the plan were not met. But this contention is merely the classic case of too little too late
Although by supplemental brief Pensioner has made a powerful showing to this Court that the plan was fully funded, we need not reach this argument, nor the question of the propriety of this Court "resolving" the problem of the controverted issue. However, the trustees' misconception of the role of summary judgment is markedly revealed by the response filed here to overcome the almost positive position of Pensioner. In his affidavit all the trustee says is that to the best of his "knowledge, information, and belief" there were "certain years in which all costs of the plan * * * were not met."
Conclusory as this affidavit is, lacking entirely in the factual specificity of readily available arithmetical facts, it does not even begin to satisfy the technical requirements of F.R.Civ.P. 56(e) concerning proof. At this juncture it shows also that at no time-below or now here-have the trustees come even close to showing that there is a real issue of fact on this score.
In effect the trustees' position is that the District Court incorrectly assumed that because Henry remained as trustee under the plan until his death he could not have retired from the firm. Although we agree with this contention, since there is no apparent reason why he could not have been a retiree and a trustee at the same time, it means nothing here


In this photo taken from video provided by Russian Defense Ministry Press Service on Tuesday, Sept. 11, 2018, tanks roll during the military exercises in the Chita region, Eastern Siberia, during the Vostok 2018 exercises in Russia.
Russia began holding its largest military exercise in almost four decades on Tuesday.
The Russian military began its largest military exercise in almost four decades in Siberia and Russia's Far East on September 11. Code-named Vostok (Eastern) 2018, the five-day exercise will reportedly involve around 300,000 troops, more than 1,000 aircraft, and up to 36,000 tanks, armored personnel carriers and other vehicles, as well as up to 80 ships and other vessels, according to the Russian Ministry of Defense.
In size, it will be the largest Russian military exercise since Zapad (Western) 1981, held in 1981 in the Soviet Union's Belarusian, Kiev and Baltic Military Districts and in the Baltic Sea amid growing tensions with the United States following the inauguration of U.S. President Ronald Reagan. There is good reason to believe, however, that the numbers of troops and military equipment involved in this week's exercise are exaggerated for domestic political reasons.
Given that 300,000 military personnel would constitute one third the entire Russian military, the number is likely much lower around 50,000 to 100,000 at the most. The financial cost for moving around 30 percent of the entire Russian military establishment would not only be exorbitant given the shrinking Russian defense budget and Russian military commitments elsewhere in the world, but moving around that many troops and materiel would also paralyze the Russian military's logistical support infrastructure.
Given that the Russian military, according to a conservative estimate, in its Central and Eastern military districts, has a mere total of 7,000-10,0000 tanks, armored personnel carriers and other vehicles deployed, moving an additional 25,000 military vehicles from its more Western military districts would take several weeks and clog up all major Russian railways and highways. As of this week, there is no evidence that such traffic jams have taken place in August or September.
The exercise does not come as a surprise to Western military observers. The Russian military has a four-year cycle with scheduled military exercises (snap exercises by their very nature occur unannounced) rotating annually between four Military Districts: Zapad (Western), Vostok (Eastern), Kavkaz (Southern) and Tsentr (Center). What makes this year's Vostok's exercise, however, special is its scale and the participation of a foreign military power.
Interestingly, Chinese media has released pictures that show a contingent of the PLAs most advanced third-generation MBT, the Type 99 (ZTZ-99) — possibly the Type 99-A variant — crossing into Russia by train. (According to a Diplomat estimate, the PLA currently possesses a little over 600 ZTZ-99 and ZTZ-99A.) The fact that the PLA is sending some of its most modern military equipment to Russia illustrates the importance that Beijing is assigning to the exercise.
While the PLA has been invited to joint military drills before (for example, China and Russia held a joint anti-ballistic missile defense computer-simulated command post exercise in Beijing in December 2017), it the first time that China is participating in Russia's annual strategic exercises that provides training mobilization, deployment, and operations in a multi-theater war.
Beijing and Moscow have a comprehensive strategic partnership but not a military alliance. "This handicaps deeper military cooperation between the two countries and makes exercises that practice complex integrated military operations difficult if not impossible to conduct," I explained previously. In short, Sino-Russian military drill cannot achieve NATO-like interoperability.
Indeed, both sides have also repeatedly stressed the non-alliance aspect of their military cooperation in the past. Furthermore, the origins of the Vostok exercise was to prepare the Russian military for full-scale (including nuclear) war with the People's Republic of China. It is thus unsurprising that China's MoD insists that this is not a joint China-Russia military exercise, but rather marks Chinese participation in a large-scale military Russian exercise.
The principal reason for Beijing's involvement is thus to deepen military ties between the two countries on the one hand, but, perhaps more importantly, to also assuage Chinese fears about Russian military activity near China's borders on the other.
Notably, General Valery Gerasimov, the chief of the General Staff of the Armed Forces and the first Deputy Defense Minister of Russia, as well as the Russian Ministry of Defense called Vostok 2018, "strategic maneuvers" rather than a strategic command-staff exercise– technically a higher level of exercise in the chosen theater of military operations.
The gist of the exercise is the simulating of a large-scale conventional war featuring an Eastern force composed of the Eastern Military District, the Russian Pacific Fleet and the Chinese contingent, conducting conventional warfare operations against a Western force composed of units of the Central Military District and the Russian Northern Fleet. The enemies in this scenario are obvious: the United States and its allies.
Vostok 2018 will also have a nuclear command and control component, as the exercise is expected to include simulated nuclear-weapons attacks. However, it is unclear whether this will be a separate exercise independent of the training scenario of Vostok 2018. It is also unclear whether it will involve the simulated deployment and use of tactical nuclear weapons. Nonetheless, what is relatively certain is that any scenario involving nuclear weapons will include "nuclear escalation control" scenarios to practice the threshold of nuclear weapons use during a large-scale military conflict with a peer-competitor.
Some weapons systems to keep an eye out for during Vostok 2018: the short-range nuclear-capable road-mobile 9K720 Iskander-M (NATO reporting name SS-26 Stone) ballistic missile system; Project 955 Borei-class ("North Wind") aka Dolgoruky-class nuclear-powered ballistic missile submarine (SSBN); the S-400 Triumf advanced interceptor-based air defense systems (NATO reporting name: SA-21 Growler); and the third-generation T-14 Armata main battle tanks (MBT), among others.


As soon as you understand what the reason for your stress headache is you have to work hard at avoiding them. You might be able to look after the stress headache by yourself or you might have to look for professional aid for the needed modifications that have to be made.
You should think about what you are performing in your life and how this can be affecting your body. You might discover that the manner in which you live yours is putting strain on your body and making it hard for you to do the important things that you wish to. Having too much stress in your body is going to be a destructive thing to your very own body.
Think of your posture and the way that you move. The manner in which you work or the place that you invest most of your time might be impacting how you feel. You need to find out ways to use great posture in your daily life. Discovering an excellent lifting technique for your body is going to be the right thing to do for your tension problems.
You should think about cutting down on the types of movement that put excessive pressure on the upper part of the body. You do not wish to need to constantly utilize your upper body strength to do something. This is going to be one thing that might result in a stress issue beginning in your neck and shoulders.
Getting new eyeglasses might be the need for your stress problems. If you are having a tough time seeing you may wish to make a visit with a medical professional to be taken a look at. You might need to have a more powerful prescription so that you are not straining your eyes a lot. This is going to help cut down on the tension that you are putting on your body.
Learning how to manage your stress can be a fantastic assist with anybody that is dealing with stress problems. You wish to discover the various kinds of methods for relaxing and minimizing the kinds of emotional stress that can be found in your life. Think about finding out a breathing technique or doing something that is going to assist when you relax. Once you do this, you may see the difference start to take place in your body and feel the tension start to vanish.
Exercise is typically the very best type of help for a stress headache. Simply extending can make all the distinction worldwide to your body. Letting some of the hazardous tensions out might be just what your body is searching for and by stretching out or relocating a various way you might simply fix the problem that you are handling.


Every now and then individual members out of Deep Purple go out and do shows on their own or with a different band. For this reason we have now started a new category in the tour dates section with their solo work.
First up is Ian Paice and his shows in Poland.
More dates from other band members will be added as and when they are confirmed.


text:
IDEMIA and Telefónica España boost the security of 5G SIM technology with pioneering solutions to protect users' communications
Telefónica Spain is carrying out a pilot project to employ the Quantum-Safe 5G SIM card developed by IDEMIA with the aim of guaranteeing customer privacy.
This pioneering world-first solution implements the latest algorithms to effectively protect users' data and privacy against quantum computing.
Madrid, 20th april 2022.- IDEMIA, a leading company in identity technologies, together with Telefónica Spain have successfully conducted pilot tests with the Quantum-Safe 5G secure element that will shield users' communications from possible attacks derived from the application of quantum computing to processes.
The advent of quantum to digitization, which implies that some of the algorithms used may be potentially vulnerable, have increased the need to secure all processes to the maximum, including those of 5G communications. The Quantum-Safe 5G SIM technology uses a cryptographic algorithm resistant to quantum computing so that when a cell phone "talks" with the 5G SA network through the IMSI (International Mobile Subscriber Identifier), a unique identification code for each cell phone device, integrated in the SIM card, this communication is fully secured against any possible attack as the SIM incorporates this IDEMIA end-to-end encryption solution with new cryptographic algorithms.
Telefónica España has tested this technology in order to protect the privacy of its customers in Spain. In addition, IDEMIA and the operator intend to continue working on updating the Quantum-Safe solution in various scenarios identified as critical, including improvements to consumer eSIM technology.
At the forefront of innovation to protect critical data, IDEMIA's Research and Development department is focused on developing quantum-resistant solutions that protect society and continues to work on technological advancements such as Quantum-Safe SIM/eSIM that will help prepare the industry for tomorrow's future.
We have chosen to work with IDEMIA on post-quantum technology as they are a world leader in security solutions. By encrypting the International Mobile Subscriber Identifier (IMSI) we consider it important to leverage this new technology to develop the best possible privacy shield in the new 5G networks and SIM cards.
Jose-Ignacio Honorato, Head of Digital Services and Mobile Equipment at Telefónica Spain
With Quantum-Safe technology, we're preparing today the technological vaccines for tomorrow, in particular to maintain security of critical systems and data protected by cryptography.
Marc Bertin, CTO SET at IDEMIA
Abous us - As leader in identity technologies, IDEMIA is on a mission to unlock the world and make it safer. Backed by cutting-edge R&D, IDEMIA provides unique technologies, underpinned by long-standing expertise in biometrics, cryptography, data analytics, systems and smart devices.
IDEMIA offers its public and private customers payment, connectivity, access control, travel, identity and public security solutions. Every day, around the world, IDEMIA secures billions of interactions in the physical and digital worlds.
With nearly 15,000 employees, IDEMIA is trusted by over 600 governmental organizations and more than 2,300 enterprises spread over 180 countries, with an impactful, ethical and socially responsible approach.
For more information, visit www.idemia.com and follow @IDEMIAGroup on Twitter.
your press contact(s).
Sandra Valerii
sandra.valerii@idemia.com
idemia@havas.com


In recent times, all large rooms and guest rooms have a spa or jacuzzi. A place or rather a tool that serves as a relaxation, and one of the things that most attract customers to visit or to stay in these. Today, even private individuals can buy this luxury at home.
Considered as a luxurious accessory, jacuzzis are now fashionable. If before, over can not be found in hotels or in places of relaxation, everyone can be bought for his or her own pleasure, that is, have it in his own home. Because right now, time is running out, people are too busy working and running around. This is why the shops sale that for all kinds of public. There are different shapes and different materials, but you'll just make the right choice. Nevertheless, on can not find hot tubs for sale everywhere, there are specialized places for this. As far as quality, price is one of the best, it offers quality products unparalleled, charming decor in its own space.
Question jacuzzi or spa, on hesitancy always, on not knowing if this is the right product to acquire, if will meet our expectations. The price-quality ratio always blocks us, but to acquire immense pleasure, one must know how to make the right choice. Of course, high-end players are not always available to everyone, but they are worth it. We say that we can not buy well-being, but we can have in our possession the means available to us, so why hesitate. Our store is worth visiting, everyone can find the kinds of modern bathtubs of his choice and his budget. The hots tubs you have met in the client are ideal, equipped with powerful massage which have the same advantages as those of the specialized centers.
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"Sgt. Peppercorn's Annual Marathon 2018"
Share "Sgt. Peppercorn's Annual Marathon 2018"
Sgt. Peppercorn's Marathon is an event like no other. Experience Sgt. Peppercorn's Lonely Hearts Club Band perform every Beatles song in chronological order. 215 songs, 1 day, 12+ hours. For the ninth consecutive year, Columbus musicians will play all 215 officially released Beatles songs, in a single performance. Beginning with the album, Please Please Me at 12:30 PM, and ending with Abbey Road some time after midnight, The Beatles Marathon is currently, the only single performance of every Beatles song.


text:
Q: "No symbol version section for versioned symbol" I'm attempting to cross-compile my own shared library (libmystuff.so) against another shared library (libtheirstuff.so) that makes use of the libcurl shared library and am getting the following error:
libmystuff.so: No symbol version section for versioned symbol
'curl_global_init@@CURL_OPENSSL_3'

Which is then followed by:
final link failed: Nonrepresentable section on output.

Going through the code that creates libtheirstuff, I can see that curl_global_init is the first reference to curl.
Doing ldd libtheirstuff.so on the target platform (arm5) shows that it can find all of the references.
What's going on here?
Edit: Here are the calls to gcc
arm-none-linux-gnueabi-gcc -fPIC -c mystuff_impl.c -o mystuff_impl.o -I/home/me/arm/include
arm-none-linux-gnueabi-gcc -shared -Wl,soname=libmystuff.so -o libmystuff.so.0.1 mystuff_impl.o -L/home/me/arm/lib -ltheirstuff

A: Linker was grabbing the wrong version.

A: This problem (No symbol version section for versioned symbol
'curl_global_init@@CURL_OPENSSL_3') also appears when you are trying to compile a binary that will work on multiple Linux distributions. You can check for the problem like this:
$ objdump -x mybinary | grep curl_global_init
0... F *UND*  0... curl_global_init@@CURL_OPENSSL_3

The solution in this case is to build on a machine where libcurl has been compiled with ./configure --disable-versioned-symbols. Binaries compiled this way will work elsewhere (including on systems which use versioned symbols). A portable binary should produce output like this (without any @ signs):
$ objdump -x mybinary | grep curl_global_init
0... F *UND*  0... curl_global_init

redpajama_set_name: RedPajamaStackExchange


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Q: Keep client side class changes between ASP.Net postbacks? I'm dynamically binding tables and sub tables using nested listviews. On the client side I have a piece of jQuery that is toggling the visiblity of TRs witin the tables in order to provide a group expand / contract view option.
On postback I'm obviously loosing my class changes that I have applied via jQuery. I'm wondering what the best approach to maintaining these client side class changes is? I've considered creating a hidden input control per table to store the indexes of the visible TRs at the time of expanding them. The intention being to then look for the indexes during postback / rebinding and add the visible classes to each corresponding element.
Is there a better approach or some native method of passing back the client side style / class change to the server during postbacks?

A: There are a number of ways to do this:

*

*As you suggest, a hidden control that contains infomation about changes to view state, the server side then uses this information to render correctly the next time, or the javascript looks at this information on page load and adjusts the page.  If you want the data to persist across sessions (log ins) then you need to have the server side store the info in the DB and render it on every page access.

*If you want the data persist then it is sometimes better to have an ajax call to store the information on the server when a change is made.  This has the advantage of not forcing the user to submit the form in order for the changes to be persisted.  If the page you are working on does often get submitted (or maybe does not even have other form elements) this is probably the better option.

*Old school: store the information in a cookie.  Blah, no one does this anymore.


Her English-language Wikipedia article has this, "Ferdinand VII of Spain's second wife, Maria Isabel of Portugal, died in 1818 without leaving any descendants. Thus the King began to look for a new consort and his choice fell on Maria Josepha Amalia. They married on 20 October 1819 in Madrid. Although the new queen was too young, naive and inexperienced, the king fell in love with her because of her sweet temper. Besides, she was more attractive than his previous wives, Maria Antonia of Naples and Maria Isabella of Portugal. After his two childless marriages, there was great pressure for the Bourbon dynasty in Spain to ensure that King Ferdinand VII had an heir. Saxon princesses were renowned for their fertility since Maria Josepha Amalia and Ferdinand VII's common ancestors Augustus III of Poland and Maria Josepha of Austria had had some fourteen children, including Ferdinand VII's grandmother and Maria Josepha's grandfather. Nevertheless, the marriage remained childless and Maria Josepha Amalia withdrew from public life, with long stays in the Palace of Aranjuez, in La Granja de San Ildefonso and the Royal Palace of Riofrio. It took a personal letter sent by Pope Pius VII in order to convince the queen that sexual relations between spouses were not contrary to the morality of Catholicism. She died as a result of fevers on 18 May 1829 in Aranjuez, leaving her husband heartbroken, and was buried in El Escorial. Her husband remarried for the fourth time to Maria Christina of the Two Sicilies who eventually gave birth to the future Queen Isabella II of Spain."


Is what Alpha.gov.uk (and the soon to be beta.gov.uk) are doing really different? I mean, it's a website, right? We've had a few of those before, more than a few (thousand) in fact. As someone who used to do, in the Office of the e-Envoy, what the Government Digital Service (GDS) team (formerly the alphagov team) are doing, I watch their progress with interest, applauding the successes and wondering about the things still to do, occasionally scratching my head.
I was part of a team a lot like the GDS team. We had a bunch of hugely talented people drawn from inside and outside of government (plus quite a few secondees from major technology companies too); we published a lot of what we were doing; we took on some difficult projects (some right at the very edge of what was going on in industry let alone in government); we worked hard to draw other departments in (we often had to pitch for them to use what we were doing during a competitive tender process; we used open source products; we did work for other departments who commissioned us to build things; we put in place things that, 10 years on, are still in place now and drawing ever greater usage; we built things from scratch, used beta products, and integrated some complex stacks; we even used the first cloud service in government in 2001 when we paid by usage and didn't own any assets; we worked across government to write and edit content; we dealt with accessibility from day one with the aim of creating the most accessible sites; we tried to lead the way in doing things in a different way; we, too, dealt with the long tail of the vast range of services that government offers; we did things, like MessageLabs anti-virus, that weren't strictly in our remit but felt like the right thing to do; we lived and breathed our services, taking it personally if there were problems or if customer were not happy.
So are GDS all that different? My sense is that they are, and they aren't. They're doing what we did, and more, and better. And they have some things to work on - based on current progress, I'm pretty confident that they'll sort those out too.
The team - there is a greater focus on people already inside government. In 2001 we tried hard to recruit civil servants into the team but often failed to attract many (or, indeed, any). The Cabinet Office wasn't seen as the place to do what we were trying to do; it wasn't a delivery department. We had some great civil servants for sure, but not enough to make them the core of the team. The GDS folks, and the Alpha team in particular, have attracted some terrific people into the team, even converting some outsiders into insiders along the way.
The process - this is open government in action. From 2000-2005 we published almost everything we did, but almost always to those inside government. We were amongst the first (and probably actually the first) to make available every detail of the volumes, the service delivered, the product roadmap and so on; the team often spoke at conferences but the audiences were mostly other government people (and the larger suppliers). GDS are publishing pretty much everything they do, including decompositions of decisions made (particularly the ones that have attracted criticism), via blogs, twitter, the press and doubtless other routes.
The roadmap - I get the sense, and I don't know this for sure, that the alpha team don't know where they're heading with each piece of work they start, and I mean that in a good way. When we started work we had to bid for money, build requirements list, test the requirements with customers and deliver what we said we were going to deliver. We wiggled a little as we went but we pretty much got to where we had said we were going to, for better or worse. These guys are working in a much more iterative way, shifting left and right to work around some problems or to add in new capability. The beta will, I hope, evidence that approach even more.
If we'd had any obvious political link there would have been a lot of trouble. Things change, of course, but my view is that these two shouldn't mix (and I don't mean the PM and Deputy PM). The public ministerial support is, though, a brilliant thing to have in your pocket.
A single great website is, of course, essential for government (I think my position on that has long since been clear). 27 million people a month visit the existing direct.gov.uk but it has remained largely untouched since I left it in 2004/5 (it's had a technology refresh and significantly increased functionality, but it still looks and feels largely the same - that is meant as no slight to the team who have worked diligently to upgrade it and keep it fresh, just an observation that it's still orange and looks much the same). For instance, the screen shot on the left is from 2007, the one on the right from 2011.
But transactions are where it's at. We built the government gateway to support both single transactions and joined up transactions (that is, ones that would link more than one department and send each of them the relevant data. The vast bulk of those transactions come from sites other than direct.gov; the vast bulk of direct.gov's transactions are for Car Tax. That all needs to change. We didn't ever crack it. It needs cracking - integrated transactions, simple pan-device (and even pan-channel) authentication, pre-population of data that government already knows about you and so on.
We built tools and services for all of government to use. Our aim was to massively reduce spend on technology by building something once that could be used by many. It was a great aim then and it's still a great aim. I don't yet see where the GDS team are going with this. Folks in government are still building and rebuilding websites - I know of a dozen that have gone live this year alone and that's only the ones that I know about. As Simon Dickson has argued before, there's a great case for a lightly centralised service supporting government entities that still need their own site. I say "lightly" because I think there's a need for two or three competitive offers working from consistent templates with each innovating and improving as well as co-operating and sharing.
We regularly confronted the question of whether to build something ourselves or to use existing products. With the gateway, we used a not-yet-released to market Biztalk which needed around 100,000 lines of custom code to get it to do what we wanted. Microsoft took all that we had done (under licence) and released a new version a year or so later which did all that we needed and left us with only 8 lines of custom code. When looking at the engine for direct.gov (and later dh.gov and several other sites), we looked at Vignette, Stellent and others but went with a custom build - that was a difficult decision and one that proved wrong in the end as the engine was subsequently scrapped and replaced by Stellent. GDS look to be going custom again which is likely to prove interesting perhaps 2 or 3 years from now.
We also confronted the issue of how much to do in-house and how much to outsource. We were lucky to have a great skunkworks team who could rapidly build proofs of concepts, but we went with suppliers for all of our production versions (and we hosted with them too, not having a real cloud supplier at the time - plus we were also tied in knots by the Critical National Infrastructure badge, one that we wore with pride at the time but one that, in hindsight, was plainly an albatross). Keeping everything in-house, managing turnover of staff, staying on top of emerging developments, dealing with 24 hour support, knowing that the only people in the way of criticism is your own team etc is a tough place to be - we were there too, but we had dozens of supplier people working for us too, so at least the load was spread.
In the end, GDS will make their choices on each of these and a million more decisions. I hope that they recognise that, whilst it may all feel new/different/special, some of what they are doing has been done before (not just during the time of the Office of the e-Envoy around but by people in the 25 years before, dating all the way back to the computerisation of major transactions like PAYE). Lots of lessons were learned and lots more will be learned from here on. It would be good if the ones learned again aren't the same as the ones learned before.
Alpha and all that follows it needs to part of a long-term delivery plan, one that shows how the Government's ICT strategy will be implemented (a document describing that is due out any day now I believe). But it also needs to be part of a wider delivery plan that shows what will happen within and across government where the real world services will be challenged in the same way as the technology ones are being (and have been). Technology can create a veneer of joined up capability but it can't truly transform the services in and of itself.
I will keep watching with interest because the challenge they're taking on is the right one to undertake and because I believe in it too. This is a new time in government. Maybe it's even a new 50 year storm.


When Israel's Prime Minister Ariel Sharon was still in office, vibrant and in command of his faculties, a venerated rabbi, who claimed he had met the Messiah, predicted He would not come until after Sharon's death.
Rabbi Yitzhak Kaduri died shortly after the stroke Sharon suffered put him in a coma in 2006. But before the beloved Kaduri died, he wrote a cryptic note on which he named the Messiah with whom he claimed to have had a mystical encounter. On the 108-year-old rabbi's instructions, the note would be released a year after his death.
When the sealed note was opened a year later, it was posted on Kaduri's website. Kaduri had revealed the Messiah's name as Yehoshua, or the formal Hebrew pronunciation of Yeshua or Jesus.
As a result of this unusual prophetic twist and the recent release of a book and movie about the life and death of Kaduri, the death of Sharon has renewed interest in Christian and prophecy circles around the world.
Sharon, 85, served as Israel's prime minister from 2001 to 2006 when he became incapacitated. During his tenure, he initiated a disengagement plan, during which thousands of Jews were deported from Gaza and northern Samaria – turning the once-fertile region over to Hamas-control.
A "death curse" by a group of rabbis in Israel was issued against Sharon for this action.
Sharon suffered a serious stroke on January 4, 2006. He was comatose until his death yesterday.
The prediction by Kaduri shocked the religious world – at least among those who heard about it. The Israeli media scarcely reported it – even though some 250,000 people marched in Kaduri's funeral procession in the streets of Jerusalem.
It shocked the religious world.
Shortly thereafter the furor began. The note immediately disappeared from Kaduri's website. The media refused to report further on the matter.
The Kaduri family, and several others close to the Kaduri ministry, began to claim that the note was a forgery or a mere fabrication – a cruel joke.
Carl Gallups, an American pastor and former police officer, used his detective skills to piece the mystery together in "The Rabbi Who Found Messiah: The Story of Yitzhak Kaduri and His Prophecies of the Endtime," a book and movie combination that has reignited the controversy surrounding his prediction about the Messiah and Sharon.
The Kaduri prophecy did not name a specific time or date in which Messiah would be revealed — only that it would not happen until after Sharon had died.
Both the book and the movie look at Kaduri's many prophecies objectively – neither affirming or denying their accuracy or authenticity. The book and the movie simply examine his remarkable story about the popular rabbi and his shocking messianic prophecy from a journalistic and biblical point of view.
Get the book and movie now from the WND Superstore as it's being released in bookstores nationwide.
What will be Ariel Sharon's greatest legacy?
Did Jewish rabbi really see Messiah?


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New York Freedom Watch
Governor Cuomo is in Deep Tapioca
August 27, 2014 mikebenard Leave a comment
Governor Cuomo is Vulnerable
➢ A lot of liberals simply don't like Cuomo. Some have described him as a person who has burned a lot of bridges over the years. For 'historical' perspective, refer to Jake Tapper's 2002 article in Salon, "Andrew Cuomo's Attitude Problem." http://www.salon.com/2002/09/03/cuomo/
➢ A liberal watchdog group – Citizens for Responsibility & Ethics in Washington (CREW) cited Cuomo as among the "Worst Governors" in the US: http://www.citizensforethics.org/worst-governors-in-america/entry/andrew-cuomo-new-york
➢ The New York Times editorial on Cuomo's Ethics Commission (Moreland Commission to Investigate Public Corruption) said: "Gov. Andrew Cuomo ran for office four years ago promising first and foremost to clean up Albany. Not only has he not done that, but now he is looking as bad as the forces he likes to attack." July 23, 2014 http://www.nytimes.com/2014/07/24/opinion/gov-cuomos-broken-promises.html?smid=tw-share&_r=2
➢ Challenge to Cuomo in the Democrat Primary by Fordham Law Professor Zephyr Teachout, who is quoted in the New York Post saying this about Cuomo: "We can do so much better." (June 2, 2014) Lots of news coverage on this split among Democrats.
CuomoCuomo's Ethics Commission, Governor Cuomo, Investigate Public Corruption
← Do The Arithmetic – We Can Win On Nov. 4
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Do New York Values Include Justice?
What you need to know about SAFE Act – Part 2
Letter To Status Quo Politicians: It Is Just Beginning
Energize & Mobilize for Nov. 4
Astorino
Dean Skelos
Get Out The Vote
NYU Law Professor James Jacobs


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CrimeHeadlines
Police Say Kimberly de Leon Homicide 'Comprehensively Investigated'
Saint Lucia police, asserting that the Kimberly Williams de Leon homicide has been 'comprehensively investigated', have announced that they believe very soon the DPP can be approached for advice on the way forward based on the evidence.
Assistant Commissioner of Police, Wayne Charlery, gave the information to reporters Thursday at a news conference.
"Very soon based on the comprehensive investigation that has been done we will be in a position to engage the DPP for advice on the way forward," Charlery disclosed.
He said that the investigative file is still with the police and explained in response to a reporter's question that no time line could be given.
"Understand this – in your line of work there will be time lines," Charlery told reporters.
He said that after Thursday's news conference, the reporter would have to return to his media organisation and file a report to the public at a certain time.
The senior police official stated that it was not as easy as that for the police.
"Investigations have a life of their own in that as leads come up and evidence turns up, we have to do the assessment and move in terms of the evidence – what we have at hand."
"Sometimes we may think that the investigation has two weeks and we can tie it up by then; but that may not be the case at all," Charlery observed.
"Understand that eventually this investigation process will be examined in a court of law and we want to give that its best chance, not just from our end – from the prosecution end, but from the defendants' end to ensure that their rights are protected. So we have to do things properly," he declared.
Kimberly De Leon, a mother of two who was married to a police officer, was shot dead at her Chef Harry Drive residence, Morne Fortune, on October 29, 2018.
Her relatives and friends have said that they are determined to do everything possible to bring her killer to justice.
Just recently, frustration over what she described as police inactivity in the case prompted Alix Williams, the aunt of the deceased, to stage a one-woman protest in downtown Castries.
Flyer June 27, 2019 At 2:19 pm
so was the gorbat case, look what happened
Cobra June 27, 2019 At 6:16 pm
You guys know who the killer is already from the night she was shot by the person of intrest the cop killer he must pay for it every pig has it Saturday
Not a Speculator or an Investigator, Just Knowledgeable and believe in Due Process June 27, 2019 At 8:20 pm
we must understand that evidence is something critically needed for true justice to be served. We as a people must understand that although emotions are raging, due process should always be exercised. In every serious matter, the DPP is always the one to give directives to the police with the way forward in a case. Charging someone on information and not physical or compressed circumstantial evidence is a waste of justice because when this matter gets to the court, and it is dismissed due to technicalities and lack of evidence, we will turn back to cast blame on the police.
Manager June 28, 2019 At 7:04 am
That's going no where. It's just another dead case. So sad. So many cases go unresolved. WHY? WHY? SOMEONE TELL ME WHY???
Incompetence and corruption is why. Unless we ensure the latter is removed from high office the former will ensue.
Law abiding citizen June 28, 2019 At 7:29 am
Most times you would see the police make arrests with no solid evidence and the person is stuck on remand until they can build a case. Why isn't that done with this one. Oh yes i forgot, the suspect is a fellow officer.
Tell me about it. This young woman will haunt this murderer for his/her entire life!! Wrath and indignation as we have a killer in the midst!! Sadddd!!
If it was a nobody he/she would have been already detained and beaten up. The police force is so corrupt. This case is just dragging and soon will be forgotten as with so many others.
Justice June 28, 2019 At 2:01 pm
They killer is among you. You all know it.
Amatus Augustin June 28, 2019 At 3:15 pm
Scotland Yard should have been brought in on this one. This should not have been left for our police to handle, since it is the wife of one of their own. ————-
zabo June 30, 2019 At 2:56 pm
Ok Sir, we are waiting, but Speak the truth!
One meal a day July 3, 2019 At 4:04 pm
There is corruption everyehere in st Lucia government, banks, insurance companies, police force security companies NIC doctors lawyers the board of directors on the nic schools and the Catholic church


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Gabby Petito's family to seek $50 million in lawsuit against Moab Police Department
The lawsuit will claim police failed to adequately respond to evidence of domestic violence between Gabby and her fiancé, Brian Laundrie.
Author: Andrea Chu
Published: 11:30 AM CDT August 8, 2022
Updated: 8:49 PM CDT August 8, 2022
MOAB, Utah — Gabby Petito's family announced plans on Monday to file a wrongful death lawsuit against the Moab City Police Department.
In a press release, lawyers representing Joseph and Tara Petito and Nichole and Jim Schmidt claim that officers failed to adequately respond to the Aug. 12 domestic dispute between Gabby and her fiancé, Brian Laundrie, just weeks before authorities say he killed her.
"While the full evidence has not yet been made public, when it is released, it will clearly show that if the officers had been properly trained and followed the law, Gabby would still be alive today," attorney James McConkie said in the release.
Police body camera footage, which captured the aftermath of the Aug. 12 dispute, shows Petito, visibly upset, describing a physical fight between her and Laundrie.
Petito explained that Laundrie was frustrated with her, locked her out of their van and told her to "go take a breather." She goes on to tell officers that she hit her fiancé because he was telling her to "shut up."
Laundrie's response was to grab her arm and face, Petito said in the video.
"He, like, grabbed me with his nail and I guess that's why it looks...definitely I was cut right here [points to cheek] because I can feel it. When I touch it, it burns," Petito told officers, according to the press release.
Petito's family claims that an additional photo, which has not yet been released to the public, shows a close-up of their daughter's face "where blood is smeared on her cheek and left eye."
During a news conference on Monday, Gabby's mother, Nichole Schmidt, described watching the video as "very painful."
"I wanted to jump through the screen and rescue her," she said.
The responding officers, Eric Pratt and Daniel Robbins, ultimately determined the incident was more of an emotional break or anxiety attack and arranged for the couple to separate for the night to calm down.
An independent investigation into the officers' response found that Pratt and Robbins made "several unintentional mistakes" and it was likely that Petito "was a long-term victim of domestic violence, whether that be physically, mentally, and/or emotionally."
Investigators said the dispute should have been classified as domestic violence and followed up on. They recommended both officers be placed on probation and receive domestic violence training.
Officers Pratt and Robbins are named as defendants in the notice of claim along with Chief Bret Edge, Assistant Chief Braydon Palmer and the Moab City Police Department.
The family plans to seek $50 million in damages for claims, including the defendants' negligent failure:
to understand and enforce the law of the state of Utah,
to investigate Brian's self-evidently false claims during their interviews with him,
to properly train the officers to investigate domestic violence situations
and to properly asses the circumstances, including to identify Brian as the true primary aggressor.
Petito's family is also bringing wrongful death claims against the defendants.
"The purpose of this lawsuit is just one part of the family's broader effort to raise awareness and education...to protect victims of domestic violence and to help make sure that our governmental institutions are held to account," attorney Brian Stewart said at the news conference.
Stewart said the family wants to ensure that law enforcement has the proper resources and training materials "to prevent tragedies such as this one from happening again."
"Use her story, learn from it," Gabby's father, Joe Petito, said. "Use her as the light that she was to us."
Notices of claims are required before people can sue government entities. Stewart explained that the government has 60 days to respond before the family moves forward with filing the lawsuit.
10 Tampa Bay reached out to the City of Moab which declined to comment on "pending litigation."
Gabby Petito was found dead in September in Bridger-Teton National Forest days after she was reported missing. Authorities say Laundrie later killed himself in Myakkahatchee Creek Environmental Park, leaving behind a notebook in which he confessed to her murder.
The National Domestic Violence Hotline can be reached 24/7 at 1-800-799-7233.
Gabby Petito's legacy: $100K gift to domestic abuse hotline
Judge denies Laundries' request to dismiss Petito family lawsuit
TIMELINE | The disappearance and death of Gabby Petito: What we know