text:
Q: How to distribute map(...) operation over cluster? I am running a distributed operation in Databricks 10.2, Spark 3.2.0, Python 3.8 which queries an underlying Delta table.
After querying, grouping by a column and collecting the rows within each group, I need to perform a complex algorithm on each group's elemenets and save the results.
This complex algorithm is written in Python code and is triggered for each group through the rdd.map() operation:
raw_data_groups_df = spark \
    .read \
    .format('delta') \
    .load(f"dbfs:/mnt/the-table-path/...") \
    .select('col1', 'col2','col3') \
    .filter(f.col('ts').between(from_date, to_date)) \
    .groupBy('col1') \
        .agg(f.collect_set(f.struct('col2', 'col3'))) \
    .limit(2000) # For testing on small dataset....

def run_algorithm_on_one_group(col1: str, list_of_col2_col3_in_group):
    # Perform the amazing algorithm calling various specialist python code & packages

# !!! this mapping should be parallelized but is actually sequential!!
results_rdd = raw_data_groups_df.rdd.map(lambda group: run_algorithm_on_one_group(group[0], group[1]))

output_schema = StructType(.....)

output_df = spark.createDataFrame(results_rdd , output_schema)

output_df \
    .write.format("csv") \
    .mode("overwrite") \
    .save("dbfs:/mnt/path-to-the-output-the-data.csv")

The problem, I discovered that the map(...) operation is not parallelized, as proven from external logs generated which show that each element processed starts strictly after the previous one completed. Hence the cluster is only getting utilized for the initial query, and not for the processing (which is the more important part to distribute as takes much longer than the querying!)

*

*How can I ensure the map operation calling the custom algorithm is distributed as well?

*If it cannot be distributed to the worker nodes in the cluster, can I at least process it using python's multiprocessing library to distribute across cores on the main node?

*Or - can I manually create Spark jobs for each grouping so the jobs get distributed over the cluster?

*Or - can a UDF wrap the algorithm, bearing in mind that it imports external files & packages and is quote complex?

A: I never found out why the rdd.map() was not distributed across nodes (I understand in general it can be... but logs & timestamps proved otherwise in this particular case).
However I did manage to decorate my function as a udf and set up the output structures, then use withColumn() to attach the algorithm results to a new column, which I proved from logs was fully distributed:
raw_data_groups_df = spark \
    .read \
    .format('delta') \
    .load(f"dbfs:/mnt/the-table-path/...") \
    .select('col1', 'col2','col3') \
    .filter(f.col('ts').between(from_date, to_date)) \
    .groupBy('col1') \
        .agg(f.collect_set(f.struct('col2', 'col3')).alias('algo_input_data')) \
    .limit(2000) # For testing on small dataset....

output_schema = StructType(.....)

@udf(returnType=ArrayType(output_schema))
def run_algorithm_on_one_group(col1: str, list_of_col2_col3_in_group):
    # Perform the amazing algorithm calling various specialist python code & packages
    # Special care taken to set environment path variables so that local imports work
    return [(val1,val2,...) ... ]

with_results_df = raw_data_groups_df.withColumn('algo_results', run_algorithm_on_one_group(f.col('col1'), f.col('algo_input_data')))

with_results_df \
    .select(f.explode('algo_results')) \
    .select('algo_results.*') \
    .write.format("csv") \
    .mode("overwrite") \
    .save("dbfs:/mnt/path-to-the-output-the-data.csv")

redpajama_set_name: RedPajamaStackExchange


The adoption agency I am working with (IAC/Independent Adoption Center) has monthly support groups. I braved the rush hour traffic tonight to go to this month's meeting which was focused on the hospital visit. I am not feeling anywhere near the point of heading to the hospital to meet my baby and his birthmom (though, as they say, you never know when fate will intervene), but I decided to go to the meeting because I've been feeling a little down about being in this "waiting" limbo state and I thought it might help to connect with other families. It was a smaller more intimate meeting than others I have been to but really helpful. There were two families who brought their recently adopted newborns.Both were such cuties and about Otto's age so of course I missed Otto. There were three other people prospective adoptive parents (a couple and a half of a couple), all of whom are, like me, in waiting limbo. Most have been waiting a lot longer than I have so I felt a bit bad to be feeling restless. Some had suffered through some really difficult situations on their adoption journey and their willingness to share even these most difficult stories and feelings was touching. For all of us throwing our lots into the open adoption lottery—adoptive and wanna-be parents and birthparents alike—this is such a giant leap of faith. There are so many unknowns and no guarantees. The whole process is for the sake of this baby and the fated "match", but we are as much committing to each other, enjoining our lives (whether to lesser or greater degree), our families, our hopes and dreams for this child. I'll be honest and say that at times, this all feels very weighty and I'll admit as well that this was probably more than I expected to take on when I started this process. But at the same time, despite the complexities, the unknowns, the angst and yes, even the waiting, I feel fully committed to this path and confident that it will work out . The adoption counselor kept telling us "in the end, it will all be worth it." I believe her, even if its hard to feel that now.


text:
Cameron Brown 3rd Trial, Day 9, Prosecution's Case Continues
Defense attorney Lara Yeretsian and Cameron Brown, 9/2009.
Photo credit: Al Seib, Los Angeles Times
UPDATE 1:00 PM spelling, clarity
I apologize. I was unable to attend court yesterday.
Our beloved 1 year old kitten, Rocket has been diagnosed with a fatal illness, feline infectious peritonitis (FIP). Rocket, named in honor of the original 'Sprocket,' was adopted from the Baldwin Park shelter last July, in celebration of Mr. Sprocket's recovery from his heart attack. Mr. Sprocket and I are very sad. I've been up quite late the last few nights, researching alternative treatments and trying to find a homeopathic vet who has experience using Irene de Villers protocol.
It's my understanding that court resumed Wednesday afternoon and that several witnesses from Lauren's school testified. I will inquire about the cost of purchasing a copy of Wednesday's transcript so I can prepare a synopsis of the witnesses who testified. If I am unable to afford the transcript, I will at least get the names of the witnesses who testified.
T&T is 100% reader supported, trial reporting website. There are no advertisements, except for my own modest sewing business. There is no budget to pay for research, travel costs or court documents. All the support comes from you. If you appreciate what T&T provides as a free service, please consider making a donation via the Paypal® link on the right side of the blog.
I'm inside Dept. 107. Defense attorney Aron Laub is at the defense table. There are three women in the gallery I do not recognize.
DDA Craig Hum and Detective Jeff Leslie arrive with their files.
Sarah Key-Marer, Lauren's mother arrives with two friends. Since the middle of the second row is occupied, they sit in the third row.
The jurors are brought in and put in the jury room.
Brown is brought into the courtroom handcuffed to a wheelchair. I have heard that Brown has an injury to his toe but I haven't had that confirmed via counsel. Brown was wearing an orange jumpsuit and the white long-john type shirt underneath. The two sheriff's that brought him in exit.
Two jurors enter a bit late.
At sidebar, counsel and the judge are talking about Brown's foot issue. The foot is swollen. The court tells counsel that there is no issue with the court that he has a problem, but apparently, the doctor has cleared Brown. The court indicates that they are providing a wheelchair for Brown.
Laub argues to the court that Brown's foot issue is spreading. The court states that he's been seen by three doctors in three days.
The court responds that Brown said he wouldn't come to court unless seen by a doctor. The court tells Laub if he continues this behavior, then court will continue [the trial] with his absence.
Court goes on the record with what was discussed at side bar.
Laub states that he was first informed by Mr. Brown he was seen by Dr. Vilatie (sp?) [Va-lah-hee?] on Monday. The court corrects him and states that it was Tuesday. It was his memory that he saw a doctor on Monday morning and saw a female associate on Wednesday. Dr. Vilatie told Brown that he would need to be seen again. Laub claims that doctor ordered follow up treatments in prior occasions have not happened.
There is a long history of problems that Mr. Brown has had, at the jail. Understand from the jails perspective, that he is a complainer. Laub has talked to a watch commander ... some of Brown's complaints have been legitimate. I can tell the court this morning, the foot remains swollen. And the red spot has spread to the outer side of the foot. Feels that it is a violation of Mr. Brown's due process rights. It's not only going to be a discomfort, but now his health is at issue.
Laub states that the doctor who has cleared Brown is not the doctor who treated him. Asking the court to speak to the Dr. Vilatie directly. Laub mentions that one of the problems that the jail has had is staph infections.
The court states that Dr. Vilatie cleared him. Next day seen by the nurse. The court states that Brown would like to be seen by the same doctor every day. "We don't have that luxury." Based on the information that the court has received, Dr. Vilatie has cleared him for court. The court went through great lengths and the bailiff went to great lengths to ensure that Brown was seen by a doctor.
DDA Hum asks that the medical records be reviewed from all three trials. DDA Hum asks that any review in court, include all medical records.
Laub brings to the point that Brown was in a cell for two weeks without any light. (I remember when Laub brought this up last year.)
Court asks tha the jury be brought in. Brown stays seated. The jury enters.
Judge apologizes to the court. "I'm so embarrassed I can't even look at you. Some jurors laugh.
JANINE HERRERA-SAUNDERS
Back in November of 2000. Working at a preschool Christian Montessori school. She had been working there approximately 2 years. She was the assistant director. Performed many duties from A to Z. Responsible for paperwork, interacting with parents, evaluated classrooms, compliance with state regulations and children interacting.
She also had children at the Montessori school. Their ages were: 6, 4.5, 2, and 1. In everyday basis, she had contact with the children and parents. Via drop off and pick up as well as by phone. She was responsible for knowing who was allowed to pick up the children for safety as the school as a whole.
Legal paperwork completed by parents before child enrolled as to who could pickup the child from school.
She knew Lauren Key. Photo of Lauren put up that she identifies. She was one of the children of the school and became a student in the kindergarten class. She interact with her on a daily basis. She was on the playground often, doing a lot supervising there. It was easy to get to know all the children.
What kind of little girl was she? Lauren was delight. Lauren, was very lovable. She exuberated life. She was very [?]. She had very good social skills, good child to child social skills. Her development verbally was very advanced. She could form sentences; very advanced. She could speak to adults well. She was just a very happy, well behaved child.
She was obedient? She knew her boundaries. To my memory, she was one of the children you wouldn't have reprimand. My description of obedient, she had social skills. She knew what she was allowed to do. And she would follow the procedure and enjoy her life.
Was she adventurous, or not so much? A risk taker, or not so much? Her temperament followed more into the docile side. She wasn't an adventurous child. She became like family to her. She was more docile.
What did she like to do? In regards to activities, predominantly on the playground, would be more [the playhouse]. There were various options for the children, she was a natural child she loved live, her temperament was more toward the playhouse and more toward pretend play, in the playhouse.
Did you also know Sarah Key-Marer? Yes.
Did you ever see Lauren interact with her mother? Yes. It was very open. Very loving. You would see hugs, it was back and forth between both, very loving and bonding. It was a very loving scene. Sarah would be interested in what was going on with her life. It was a situation that you would expect.
What was her reaction when her mom came to pick her up? Happy. Her face was illuminated. She had the same bond with the staff at the school, even more so with her mom. Run to her. She was happy.
What a cubby? A cubby is space within the preschool classroom, where the kids would place their articles for the day. A lunch pail, a blanket, their personal belongings.
Were there swimming lessons offered through the school? Yes. They took place at the YMCA kitty-corner to the school.
Her memory of Lauren going there is not clear. She would wait to cross streets. When they would go to the pool, Lauren was extremely resistant into entering the water. Her body would tense up, she would shake her head. Despite our relationship, despite, the training [by the swimming coaches] to get children into the water, Lauren would resist.
The witness gives a demonstration using the witness stand. Lauren would sit a half a yard plus from the water, the sitting fetal position and sit there. She did not want to go into the water.
Any individuals other than Sarah, who on occasion would pick Lauren up? Yes. She identifies the defendant.
Were you informed by Sarah who this individual was? Yes.
Was there a procedure that the court mandated if someone picked Lauren up, other than Sarah? According to school rules, they had to be properly be placed with the paperwork. As far as school rules, once they are on the form, they could pick up. Sarah would type up a document each time that Lauren would have a visit with Brown when he was picking Lauren up.
Had you personally seen Brown pick up Lauren from the school? Yes. She observed [about] three to four, less than 10.
When the defendant would pick up Lauren from school, was he ever by himself? No. He was generally with another woman who was his girlfriend.
Speaking of Patty Brown, she is not in court today. Sprocket
When they came to pick up Lauren, it was very tense from the moment of entering to the school. She observed this. The defendant came in [to the school], he didn't appear to want to engage [with Lauren?]. Being the father, I tried to make, from the school standpoint, to engage him with Lauren's day. He appeared very disinterested. As Lauren would come in as well, she would come in more slowly, He appeared more irritable, more impatient. [The atmosphere when Brown and the girlfriend would come] was intense.
What else did you observe? Lauren would come in generally slow. Her face would look solemn. Her walk appeared to be hesitant. The girlfriend again, now showing, appeared to be more tense and impatient as well. She [the girlfriend] was more reactive and tried to hurry Lauren along. She would just try to get things going and move Lauren out the door. The witness, she's gesturing with her hands.
Questions the witness about November 8, 2000.
Do you remember that day? Very much so. She saw Lauren that day. She saw Lauren within the early morning.
How was Lauren acting on Nov. 8? From early morning until pick up time, Lauren was acting totally out of her normal character. Lauren was very frantic that day. She was crying all day long. She was whimpering. She was crying, very frantic. Her sentences, at the same time, one word. She woul, her mind would appear to be in a frantic state.
On Nov. 8 in 200, did you see Lauren engage in the playground? No. That was unusual for Lauren. Did not see Lauren socializing with her friends that day? No. She was with Lauren most of the day, walking with her, talking with her, trying to calm her down. She was unable to engage in her usual activities at all. That was because of her disposition that day.
Was Lauren asking you to do anything? She was asking me to phone her mother. Continuously all day, she was asking me to call her mother.
At some point, did you allow Lauren to speak to her mother? Yes. Not long prior Cameron coming to pick up Lauren, I placed Lauren on the phone with her mother. We were on the pick-nick benches when they called.
She cannot remember the conversation. I do remember her [Lauren] yelling, 'Mommy, Mommy Mommy,' and crying.
This was on the phone? Yes.
While on the phone, did someone come to pick Lauren up? Yes, the defendant.
As far as her observation, Brown was by himself. This was the first time that she saw Brown pick up Lauren by himself. While Lauren was on the phone with her Mom, she was crying.
What happened when the defendant came into view? My memory is, he arrived a bit earlier. When he came into view, he asked what was wrong. I made light of the situation, and let him know, that maybe she wasn't feeling well and that she was talking to her mother. Lauren at that point immediately changed her dipsosition as to what was going on all day. She stood up straight, in a type of robotic stance. Her hands were by her sides. No emotion on her face at all. She looked at him with eyes of boldness as I was observing her. Lauren then said she was fine.
Brown was standing up straight as well. He bent down at his waist and picked her up under her arms and placed her on the right side of his body. He picked Lauren up and turned and carried her away.
Her arms were close to her body. Then her face was clenched. Then Lauren reached out with one of her arms, reaching for the teacher.
Was that the last time you ever saw Lauren? Yes, that was the last time I ever saw Lauren.
I have a coughing fit and have to leave the courtroom. When I come back, Mr. Laub is cross examining the witness.
What does it mean to be here for Lauren to you? Lauren still lives in our hearts. I got to know Sarah very well. You're always looking for the best interests of the child. When I say the best interests, I'm not here taking Sarah s side or Brown's side, I'm just reporting what I saw that day. That's what I was trying to say.
But you do believe that Mr. Brown killed Laruen? That is not why I'm here today.
But that's what you told Sarah? She has not talked to Sarah in lieu of the case.
Where did it come that Brown had to have a separate approval every time that Brown came? Sarah asked that it be done as part of the custody case, so that it was documented, each time that Brown picked up Lauren.
Do you remember if you had a court document [ordering this]? She doesn't remember.
Isn't it a fact, that you didn't have a court document, that said you had to have a separate document when Brown picked up Lauren? From her memory, she did not.
So that meant that each time Brown came up to pick up Lauren, he had to interact with the school staff? Insists that every parent interacted with staff when they picked up their child.
But that didn't happen with every parent? (Miss complete answer.)
She would call Sarah, if she didn't have a document for Brown to pick up. She assumed that
there was a custody issue with Lauren.
Another coughing fit. I leave the courtroom to get water.
Questioning the witness on differences in her testimony from this trial to prior proceedings as to how Lauren behaved when Brown picked up Lauren.
Laub challenges the witness that she never described Lauren as robotic before. Witness states that she didn't reread prior court proceedings.
Isn't it true that you do believe that Mr. Brown killed Lauren, and that you're trying to remember things in a way [that's supportive of Sarah/ Brown's guilt]... Isn't that what's going on? No sir.
Laub confronts the witness again that she's trying to testify this time in a way that supports Brown's guilt? Witness asks to see her prior statements.
Witness explains that compared to the prior proceeding, she found her voice. That back then, she wasn't as descriptive. Now, she's using more ajectives.
Laub confronts her on that aspect of her testimony.
Laub states that the reason she's using those words, is because she's more convinced than ever, that Mr. Brown killed Lauren? No sir.
Now questioning about how she described Lauren's temperament, and that she used the word docile and described to detectives that Lauren was docile and did more feminine things and did not play on the obstacles? Yes sir.
Witness is excused.
I'm really struggling not to cough at the moment.
Deborah Jenkin
What is your occupation? Works with Los Angeles school system. In Nov. 2000, she was a Recreation Leader for Rancho Palos Verdes. Worked at a museum, park locations, City Hall. She was a city employee.
Was one of your jobs as a recreation person, was to work at parking lot at Abalone Cove? Yes. That park was beach access they had a parking lot. She took the money for patrons to go in.
There's a parking lot at Abalone Cove. Yes. She took the money for people to park and that's what she was doing on that day.
The parking lot is off of Palos Verdes Drive South. It runs parallel to the coast in the area of Abalone Cove. One direction is San Pedro, the other direction is LAX.
The road at that location is raised up. It is on the top area of the bluff. Explains how one gets into the parking lot from the main road.
On Nov 8, 2000, that day she worked from 9 am to 4 pm. She worked that entire shift. Describe the parking lot back then. The driveway was blacktop then it turned to gravel. The booth to pay was located on the driver's side. She was looking towards the ocean, sitting in the booth. Parking was $5.00 on that day. The parking lot was raised up, on the bluff.
Was there any time of fencing or safety devices around the parking lot? Yes there was. There was metal poles and wood slats all around the parking lot. Like a fence, the framework of the fence. The fence was about four feet hall.
Were there any openings in this fence that encircled the parking lot. Yes. There was an opening for hikers to go down to the tide pools. There was a trail head. The trail head went downwards towards the beach. There was a preschool, tide pools and the beach area.
There was another way to get to the preschool. There was a private road. That road was further down the main road. There was a gate across this road.
The path from the parking lot that went down to the preschool and beach what is it? It's dirt.
The parking lot itself, were there bathroom? AT that time there were bathrooms that were connected to the shack where she took the money, and then an outhouse a few feet away. There were public phones in that area at the time.
There was a separate exit to get out of the parking lot. To get in the lot they would have to pass her. To exit, they would not pass her.
Nov 8, 2000, was that a busy day for the parking lot? Not at all. How many cars came in that day? Ten or eleven.
Somewhere between noon and 2 pm, there was a car that caught your attention? Yes. How many were in the car? Two. It was one adult and one child. The adult was a man. The child was a girl.
People's 101 for identification. Is that the girl? Yes. Is that how she was dressed when you saw her in the car? Yes. Lauren has on a long sleeve shirt, It looks like a tunic.
She identifies the defendant as the man who was driving the car.
The car was an older model, American made car, possibly white and gray. There was a surfboard on top of the car. Lauren was in the front passenger seat. She was not in a car seat and she didn't have a seat belt on.
What was it about this man and little girl that caught your attention? It's not what I saw, it's what I didn't see. First of all, she was in the front seat, with no safety restraints. I saw the man, who I can't even describe how he was, like I'd never seen. His eyes were different, his hair was all blown, so when I looked at him, I looked at the inconsistencies that were there. There was someone who was put together, [Lauren] and then there was the man.
The little girl was extremely still. Some kids are excited to get to the beach. She sat right there in the passenger seat. She turned and looked at me and stared me in the eye. We were locked in eye contact for the duration. It was just inconsistent behavior of what I've normally seen. It just raised my [?]. I just wondered what was going on. I was trying to like process, what's going on here.
One of her thoughts was, that it was a kidnapping.
Before the car pulled into the driveway, what were you doing? You were on the phone with city hall? Yes. She then put the phone down. Did the defendant give you the five dollars? Yes.
I gave him a map of the paths down to the tide pools.
What did the defendant do? He took the map and they drove off to the left into the parking lot. After they turned to the left, she could not see the car anymore. She then picked up the phone and continued with her conversation on the phone. [To the person she was speaking with on the phone] I told her that something just strange happened. I asked her what should I do. Should she report it or what.
Their conversation ended that she didn't see anything that this was a kidnapping. She had called the police before, and they would not come until you see something.
After you hung up the phone, did you go anywhere? She wnet to see where the little girl and the man had parked, and to see if she could see anything else going on. It was parked between the shack and phone booth. There were parking spots closer to the trail head, but they did not park there.
Could not see the defendant or little girl when she went out to look where they had parked.
Later that evening, as getting ready to leave the job, did yo unotice anything unusual? there was a ton of sirens. Then they just kept coming. Then one helicopr came, then there were two then three or four helicoptors. Picked up the phone and calle city hall and asked if they knew anything that was going on. They didn't know anything. City hall said they would call back.
At some time she found out that a child had died on the cliff. Her thoughts went immediately to the little girl.
Group of six photographs, marked collectively 104.
First photograph 104aof the parking lot shack. It's a decent sized building. This is the shack where she collected the money. There are big windows in the center of the photo. Photo b. This is the photo, of where you would go down the trail.
Photo C, of the fence and signs. That is closer photo of the trail head. Those signs were there on that day. Photo D. Bottom right hand corner, was the preschool, nursery school. The bluff off in the distance, is Portuguese Point. Inspiration Point is past Portuguese Point. Photo E. Another trail that one can hike on. It goes down the nursery school. Photo F, some of the play equipment at the nursery school.
Direct is finished. Cross examination.
You sounded pretty emotional, about not calling the police that day, have you felt guilt since then? Of course. She testified prior. Yes.
Has it been frustrating for you that this case kept going on? Well I would like him to answer. I think there needs a finality to it?
Would that relieve your guilt some how? .... Nothing's going to bring that little girl back.
You feel in some way personall responsible? My thought is, that adults are here to protect children. And adults did not protect her.
And she fell off the cliff? And how did that happen? Objection!
Judge interceedes.
How would calling the police would have interceded? Maybe it would have [change his consciousness?]
Now questions about statements she gave the police. You did say that, that these two people, Mr. Brown and Lauren didn't seem right together. Yes. They looked like two different socioeconomic levels.
That was one of the significant things that caught her eye. She was dressed very well, and he was in beach attire. She looked well kept. She looked clean. She looked gorgeous.
Judge interrupts. Calls the lunch hour.
Judge is off the bench.
I've tentatively heard that five individuals testified Wednesday afternoon. I hope to have their names later today or tomorrow.
In the 9th floor hallway. DDA Hum is pacing by the door to Dept. 107. He's wearing a black suit and white shirt. I finally get a close look at Detective Leslie's tie. It's stunning. A paisley pattern of tan, gold threads and touches of brownish-burgundy.
Inside Dept. 107. Brown is brought out. The jurors are asked to line up. Judge Lomeli comes out from the back rooms and stops at his clerks desk. The jury files in.
Mr. Laub continues his cross examination.
Asks about the trail in one of the photos. She testifies that the playground and the school are connected.
The trail down to the beach was used regularly by school age children? Yes, by school aged children.
Asks how long the trail is, 1 mile, 1.5 mile? 1/2 to 3/4 mile. She's not sure.
Going back to when she saw the car, with the little girl going in, when you observed the little girl, she observed to her that she must have just awakened. That's what I told Detective Leslie, but she didn't appear sleepy. All the things that she said prior to that were negative about the defendant.
You were struck by his eyes? His and hers. Because she looked at me and stare.
You went about your normal performance of your duties? And the whole time I'm looking at her.
And when you turned around to get the map? Well, just for a second.
Their eyes were locked the entire time.
When looking at the eyes of the little girl, did you say anything to her? No, I did not.
So it sounds like, you don't know if she's staring at you and being polite, it's really hard to know what was happening. Well, it was she just turned, and stared at me, and I'd never had that with another child.
Well it sounds like, she turned to look at you, and different economical circumstance, ... Mr. Brown's face, it looked like a mad man? Yes. It looked to you, like he was crazy? Yes.
Seven days later, you did have the opportunity to talk to Detective Leslie? Correct. And you were able to tell them, what it was? Correct. At that time, you didn't say anything about Mr. Brown's eyes? I talked about kidnapping. Actually, you didn't say anything about his face at all? No.
You were shown a photograph of Lauren Keywhich you identified. And you couldn't remember the photograph of Mr. Brown. Correct.
Redirect.
The attoreny sayd that you didn't say anything about the defendant's face, but it concerned you that it might be a kidnapping. Correct.
You made eye contact with Lauren? Correct. You saidit looked like they were strangeers? Correct. You said it looked like they didn't belong together? Correct.
He asked you about feeling guilty, about not calling the police. After this happened she left this career to go into something to help children.
Recross.
Doing special ed work is honerable and needed. Is the reason this comes out now, is your feelings of guilt made you become a special ed teacher? (Miss complete answer.
Witness is finished.
People call Saad Omar.
SAAD OMAR
He also goes by "Sam." He's 52 years old.
Back in Nov 2000, he lived in Long Beach. He worked at The Coffee Clatch, in Redondo? Beach. Back then, he used to take Wednesday's off.
On his days off, he used to go to Rancho Palos Verdes, Portuguese Point. He would go about once a month. It was quiet, serene, beautiful.
How long as of Nov 2000, how long had you been going to PP? About 10 years.
Prior to Nov 8, 2000, had you ever seen a young child on the trails in that area? No.
Specifically about Nov. 8, 2000. He went there that day. He drove from Long Beach. He parked in the parking lot.
Where did you go after? I went down the trail to the beach area, and came back up. Was preschool in session when you were down there? I don't think so.
The preschool is on the beach? Yes. When he got down to the beach and preschool, he went east/south, toward Long Beach.
He walked on to the beach area, and then he took a trail, back up to Portuguese Point. Went along this trail that goes up. It's a dirt trail. It's wider than a hiking trail, so that a vehicle could drive. There was a lifeguard station down at the bottom of that trial.
From the parking lot at Abalone Cove, how long did it take you to get there? About a half hour.
He went there, because he had a book he was going to read.
Asked to describe Portuguese Point. It's like a penensula. It's square, a long flat wide area. There is a fence around it. It's a nice view from there. It's a relatively safe area.
After he got onto PP, did you look in any particular direction? Yes. Towards LAX, where he parked.
Did you see any people who caught your attention? Yes, I did. Tell us what you saw. I saw a man walking with a little girl. Where were the man and the little girl. Just before, halfway through the trail, they were walking, coming up the trial.
This was the general area of the trail that he took, but some distance away.
Why did you notice them. It was odd seeing kids in that area. I'd never see that before. I saw them walking up to portuguese point.
When you saw them were they together? The gentleman was in front, she was walking behind. Do you remember how far behind was the little girl? Four to five feet.
You were observing this from a significant distance? Objection? Sustance?
Witness estimates that the people were about a quarter of a mile away from him.
Observed the man and child as they came towards him. They were walking up the same road that he had taken. And they continued up in the same direction he had taken. He watched them a couple of minutes. The man was in front of the little girl, the entire time.
Did you ever see the little girl running ahead? No.
What did you do? I turned around towards Catalina Island for a few seconds, 30 seconds, and then turned back around and saw the man and little girl again. Saw that he could see that the little girl was a girl.
Describes the next point where he saw the defendant and Lauren. When he turned around, the man was still in front and the girl was still behind, three to four feet.
Did the man and the girl continue to come up the road in your direciton? Yes. About how close did they get to you? Four to five feet.
Hum demonstrates how far they were by standing 5-6 feet away. The man was still ahead of the little girl. When the man saw Sam, he stopped. [The little girl caught up] Identifies the defendant.
Asks him to look at people's 101. That's the little girl.
After the defendant stopped he continued to watch them. They walked to the other end of PP. When he first saw them, they were on the LAX side of PP. And he saw them walk towards the Long Beach side. The man was in front. Did the little girl look to be leading him? No. When they got to the Long Beach side, he stopped watching them. At no time, was the little girl ever in front.
He jumped the fence at the end of PP, and sat under the trees. Did you see where the little girl and the defendant went? No.
He could not see IP from where he was sitting on PP. Now some time between did you hear a sound? 3:45.
Did you hear a noise that caught your attention? Do you remember how long after it was you saw the man and the little girl? About 45 minutes.
Tell us what sound you heard? I thought I heard a short scream, a faint scream? I got up and looked around and didn't see anything. I thought it was sea gulls. The sound came from the Long Beach direction.
After you looked around and didn't see anything, did you continue to read your book? Yes. Later did you see helicopters? Yes. Did you watch the news that night? Yes I did.
What did you do the next day? On the news they were saying if there were any witnesses, to call the police. What was it about what you had seen that day that made you call the police? Just the fact that I had seen kids in that area.
After you called the police, did they get back in touch with you? Yes. He met the police out there, at PP, and pointed out the various areas, that he was describing.
Arial photograph, mark as 105. Big, blown up photo overview of PP.
Witness identifies the photo as Portuguese Point. Points out the trail that switches back up the side of the mountain, up to PP.
Witness points to where he was on PP when he first saw the man and the little girl. The man and little girl, were off the photo, to the left when he first saw them. When he first saw them, they were on the lower trail. DDA Hum makes a dotted line as to the path that Omar saw the defendant and Lauren take.
He was still at the same spot, when the defendant and Lauren came within five feet from him.
The defendant and the little girl, went from left to right on the photo, the back portion/dirt area of Portuguese Point. He went to a group of trees, at the very end of Portuguese Point. The spot is sort of in the middle, but a bit more towards the LAX side of PP. That's where he was reading a book.
Another enlarged photo, People's 106.
Photo of the trail that goes up from the beach to the top of PP. A switchback road that climbs the side of the cliff from the beach to the top. DDA Hum marks the exhibit in red dotted line, where the witness outlined with the laser pointer.
He went out with the detectives to PP. Photographs were taken to show the areas he was talking about.
Photos 107 a-d. Four photos on a big poster board. These were the photos that were taken when he went with detectives. In the photo, Omar is standing where he was when he first saw the father and the little girl, and pointing to where he first saw them.
Photo B, part of the road that goes to the top of PP. Photo C, of Omar and the edge of the white wall in the photo, is where he last saw the defendant and Lauren.
Photo D. This is a rea that goes to, around the end that faces Catalina Island. This leads to where he jumped the fence and was reading his book.
In 2006, did you go back to this area with Detective Leslie and people from the DA's office. Another photo, Peoples 108, a-c.
Did you direct Detective Leslie, to a particular spot, via cell phone? Yes, directed them to a particular spot. In the photo, can you see Detective Leslie and someone from our office? Yes. Identifies the location as where he first saw the defendant and Lauren. Photo B, another photo of where he saw the defendant and Lauren on the road. Same thing in Photo C, is where defendant and Lauren came up the trail to PP.
Why did you keep watching them? I just, it was just weird. It didn't look right. It didn't make sense.
Been going to that area once or twice over 10 years. Had never seen children on those trails in that time.
When you were at the top of PP, and the defendant got to within five or six feet you, describe how the little girl looked. She looked tired, out of breath, and she was dragging down. It didn't look like she wasn't having a good time.
Did you hear them talk to each other at all? No. From the time that you first saw the defendant and the little girl, until the time they got up to PP and were five or six feet from you, did you ever see the little girl in front of the defendant? No. Obj. asked and answered. Sustained.
Did you always see the little girl behind the defendant? Yes.
During the time that you saw them, when you first saw them, did it ever appear to you, that the defendant was having trouble keeping up with the little girl? No.
Now you said that after the little girl caught up with the defendant, they then went to the Long Beach side of PP? Yes.
In that entire time, did the little girl, ever run ahead?
Judge clarifies in question. No.
Several more questions of this type, that Mr. Laub objects to. Judge asks the question to cover the entire area. The little girl was never ahead.
Did the police ever tell you what the defendant said happened? No. Did the police ever tell you to say one thing or the other? No.
You know where IP is located? Yes. Have you ever been out on IP? Once. When was that? A year later. Did you go out to the end of the IP? Yes.
The entire time you've been out to PP, have you ever seen a child out on IP? No.
Cross examination.
Back years ago, at some point you were contacted an investiagor from the public defenders office. Yes. And you refused to talk to him? No, I asked if I had to talk to him. I asked if it was manditory.
Is there a reason, personal to you, because you wanted to talk to the prosecution and not the defense? Because of what I saw that day?
I know that you are here to testify, is the facts different if the defense knows them? It was the bad feeling I have, and that's why I contacted the police.
What harm would there be in sharing facts as facts, to both sides of the investigation? If they told me I had to, I would have. They didn't call me back.
You told them on the first call, you wouldn't talk to them, unless it was required.
You mentioned that you'd never seen kids in this area. Do you know of something. Do you know if Palos Verdes Conservatory took kids up there. I heard it in prior testimony, but before I had never heard that.
At any point at all, in any of your observations, did the little girl appear to stop and refuse to go forward? No. did she stop and sit down? No. did you ever see the man take the girls hand and start to pull her? No. When you saw her closer up, did she appear to have been crying? No, but her demeanor, she was subdued, really tired. She wasn't crying? No.
As she got closer to you, did she say anthing to you, Mister, please help me? No. Did the little girl say anything like I didn't feel well? no. Did she say anything to try to direct your attention to her? No. did you hear her, say anything to this little girl? At any time did you hear the man say anything to the little girl? No.
Cross ends, no redirect.
James Witherow.
JAMES WITHEROW
Back in 2000, in what city did you live? In 2000, Long Beach. Prior to living there, he lived in Rancho Palos Verdes, San Pedro. Back during that time, he would hike around the fire station near PP.
He would go hiking there, because hardly anyone went there and it was good walking because you had a hill to climb. He would go two to three days a week. He was hiking there since the 80's. He would hike 2-3 days a week.
He used to go there and dive and hike.
Did you have certain hikes that were set hikes he would take in that area? Yes. Did one of those involve the Abalone Cove, PP area? Yes.
In that area that you had been hiking in since 2000, was there other hikes you would take in that area as well? He would hike down to what was called the nude beach and back up.
Nov 8, 2000. He went hiking in the area. He parked his car on PV Drive, there's a firestation nearby there are a few parking spots on PV Drive, away from the parking lot, towards LAX. Gives a long description of the trail that he takes.
Sounds like you were in pretty good shape back then? Still am for an old man. Jury chuckles.
More detailed descriptions of the trails on the side of the cliff from the parking lot. When he gets to the playground, there's a trail that drops that down into a gully, and then as soon as you get to the beach, there is a trail that goes up to the top of the bluff. When in the gully, you are at the beach level. Then he goes back up the other side of the gully, to the bluff area. After the blacktop road, there is a lifeguard station.
He continued to travel in the direction of PP. From the bluff, he went to PP. Eventually he connects with a road. This is on the LAX side of PP. The road eventually connects to PV Drive. He intersected this road, part way up the cliff side.
The road, if you take it too quick, you can get winded. He took the loop around PP, then stopped at the rock wall. He hiked up to a little knoll, and then went up to PV Drive.
During this hike, did you see a man and a small child as well? Yes. I saw them three times. The first time, when I cam up that narrow trail to that flat area, the bluff, and they were going up the blacktop road, in front of me.
Where were they, when you first saw them? On the blacktop road. When you first saw them, could you tell if the child was male or female? No. The child was behind the male, a larger person. The child was behind the man five to 20 feet. That's an estimate.
As you saw the two of them, were they moving at the same pace? I really couldn't tell but they seem to be moving at about the same pace.
The second time he saw them. He was on PP on the San Pedro side, where the fence and white wall meet.
Now asking about the second time (?). At that time, the were near where there was a port-a-potty. They were on a trail, next to the road. PV Drive South. They were on the side of the road, [on PV Drive South].
Judge Lomeli calls for the afternoon break. The jury files out.
In the gallery, DDA Hum jokes with his witness. Now inside the well, DDA Hum paces. There is a suited gentleman who entered Dept. 107 about five minutes prior. He greeted DDA Hum. Now he's sitting in the gallery.
On the record, provided defense counsel with a disk, that was redacted from previous 83. Less than what people's 83 had been, it's minus the excessive ringing.
We start at 9:30 AM tomorrow.
The clerk gets the jury. The jury files in. We are back on the record.
Continuing with direct. The second time he saw them, the man and the child were on the side of Palos Verdes Drive South. They were walking towards San Pedro, towards IP. The second time saw them, the child was behind the man. About the same distance as prior.
Saw the man and child a third time. He went up the hill, from that white stone wall, to the top and back down. The next time he saw them, he was on PP, and saw them heading out towards IP.
When he saw the man and child the third time, he was basically in the same spot, when he saw them the third time. The were in a narrow area, just before the trees and bushes. He saw them going out toward the end of IP. The third time he saw them, they were in the same position, the child was behind the man again. Anywhere between five and 20 feet.
Exhibit 110 a-c. Big blow up of three photographs. Photos on the board. Photo A, that's the top of the bluff. There's a flat area. It's a side view of the cliff, from the view of the parking lot towards Portuguese Point.
It's confusing to understand this witnesses description. Photo B is an area of PV Drive South. The photo was taken from about the same spot he was in, when he saw the man and child.
Third time he saw the man and child. Photo C, another view of Inspiration Point. In the center of the photo, is where he last saw the man and child on IP.
Peoples 109, Ariel photograph of IP and PP. The view is in the direction of LAX.
In that photo, can you se the place where the man and child were, the second time. You can see Palos Verdes Drive South. The witness outlines on this road, where he saw the man and child the second time. The first time he saw them, was when they were beside the rock wall. Where he saw them, all three times are marked on the exhibit.
After he saw them for the third time, he went out to PV Drive, beyond where the landslide was. He then walked back to his car on PV Drive.
At some point he heard that something had happened. He asked the parking people about the helicopters. The police left a business card at his door, and they came out to interview him.
He saw the man and the child three separate times. Every time he saw them the man was always in front. Did you ever see the little girl, running ahead? No.
Coming to the area since 1984 1985. In the entire time going to that area, have you ever seen a child on Inspiration Point? No. Have you ever been out to IP? One time. There's a narrow area, where it's unstable. That was the area where he saw the man and child a third time.
Direct ends and cross begins.
As informed experienced hiker, you said IP is unstable? In my opinion. I didn't feel safe there. Is IP from your knowledge, a place where a person could fall off, slip off because of the instability of the place? Easily.
If you were to add all three different moments, it adds up to two to three minutes? And at no time, did I get to see the people. So I can't ask you how they were interacting? No. [He didn't see them that close.]
When you spoke to Det. Leslie on Nov. 20th, 2000. You said that the man was ahead of the child five to 20 feet? Yes. I made that mistake. From where you were, you couldn't tell how far it was exactly? [No.] The witness adds, five to 20 feet.
Mr. Barber
RICHARD IKEL BARBER
Back in Nov of 2000, he was living in Palos Verdes estates. On Nov 8, sometimes between 12 and 2:30 PM. He was driving on PV Drive South. Headed in the direction of LAX.
At some point was in the area of IP and PP. Correct. HE was driving and he saw a man and a young girl on the side of the road. On the ocean side. He saw them walking together. They were 20 to 25 feet apart. The gentleman was in front.
Were they as far apart as you and I are right now? Close. Approximately 20 feet. Yes.
Were they on the same side of the road as you were driving? Opposite? They were traveling in the opposite direction. They were near the intersection of Peppertree and PVDrive South.
People's 109 on the screen. Identifies where the streets intersect on the large exhibit. DDA Hum makes a mark on the exhibit.
111 a-b. Shows two view of Palos Verdes Drive South, each from a different direction. 111a, can see in that photograph, where he saw the man and little girl as they were walking on the side of the road. Saw the man in front of a bush, and saw the little girl, behind the man, behind the bush in the photo.
Back in Nov. of 2000, he drove that area of PV Drive S. regularly. His work took him down that road regularly. Was it common for you to see children walking on the side of the road? Absolutely not.
How often had you seen a child walking on the side of the road there? Never.
Would it be accurate to say you saw the man and little girl during a brief time? Yes. Did you ever see the little girl running ahead of the man? I can't be sure. Did you ever see the little girl ahead of the man? No.
You just identifed Cameron Brown as the person you saw in 2000, am I correct that you only saw this man and this girl for a few seconds? It was unusual. It left an impression.
Were they walking at a normal pace? The impression I had, was the little girl was a distance from him. Were they walking at a normal pace? I can't be sure.
You said there was nothing unusual about the man and little girl, you told that to the police back in November? Yes.
You said it just felt weird? Just the expression between the two of them, it was a feeling.
Recross
Where were you living at the time? RPV. Were you aware of that the city blocked to have signs and guard views? He wasn't aware of that.
Then a question about children and running around but I miss it and the answer.
The witness is excused and the jury is excused.
The defendant is brought back into custody and the judge is off the bench.
9:30 AM tomorrow.
Labels: Aron Laub, Cameron Brown, Craig Hum, Judge Lomeli, Lauren Sarene Key
Kris Woodwaski said...
Thank You Mrs Sprocket for everything you do. I am sorry to hear about your kitty and will pray you find a cure soon. I hope you are feeling better.
Gregg the Obscure said...
Sorry about the difficulties with your cat. Pets touch our hearts in so many ways.
NancyB said...
I am so sad to hear about Rocket. I was worried about you & Mr. Sprocket when I saw no court coverage yesterday. I spoke with Beth Karas this evening, who is also a fan of yours and I sent her your link. She is going to post a link to your blog on her website about your coverage of this trial! Which I'm thrilled about. She is such a lovely person. :)
Cameron Brown 3rd Trial, Day 23 - Defense Testimon...
Cameron Brown 3rd Trial, Day 22 - Prosecution Case...
Cameron Brown 3rd Trial, Day 21 - Prosecution Test...
Stephanie Lazarus Criminal Appeal - Oral Arguments...
Cameron Brown 3rd Trial - Q & A
Cameron Brown 3rd Trial - Day 18 Prosecution Testi...
Cameron Brwon 3rd Trial, Day 17 - Delay in the Cas...
Cameron Brown 3rd Trial, Day 16 - Prosecution's Ca...
Cameron Brown 3rd Trial, Day 13, Prosecution Case ...
Cameron Brown 3rd Trial, Day 12, Prosecution Testi...
Cameron Brown 3rd Trial, Day 8, Prosecution Testim...
Cameron Brown 3rd Trial, Day 9, Prosecution's Case...

redpajama_set_name: RedPajamaCommonCrawl


DIEGO GARCIA, British Indian Ocean Territory -- While Airmen have come and gone, a Pampanga, Philippines, native has been the lone off-shore Philippine general schedule employee here for nine years.
Whenever personnel get the rare opportunity to visit Diego Garcia a second time, one of the first inquiries is the status of Elizabeth Del Pilar. It is not uncommon to see a smile on their face when they hear "Ms. Beth," as she is known around here, is still working for the 36th Mission Support Group Detachment 1.
Del Pilar was born and raised in San Fernando, Pampanga, Philippines. She graduated from the University of Mindanao and has a Bachelor of Science in commerce, majoring in accounting. She began as an accountant and auditor for a private company and later worked for the Philippine Ministry of Local Government as a training officer.
In 1986, she began her career with the U.S. military as an accounting technician at the U.S. Naval Supply Depot Base in Subic Bay, Philippines. The closure of the U.S. bases in the Philippines brought most of the Subic Bay and Clark Air Base workers to Diego Garcia. Del Pilar came to Diego Garcia in 1993 and worked for a contracting company as an accountant in various departments. In 1999, she moved to the supply, materiel war reserve and billeting offices and worked as an accountant for the comptroller department of the U.S. Navy Support Facility for the next five years. In 2004, she was hired by what was then Det. 1, 13th Air Force, which was realigned and renamed as Det. 1, 36th Maintenance Group in 2005 and again in 2009 as Det. 1, 36th MSG; and has worked for the Air Force since then as the detachment's budget analyst and Air Force resource advisor.
Even though the size of the detachment is small, the workload of overseeing the budget of a $251 million operation, as well as advocating local support for three other Air Force detachments at Diego Garcia and deployed Air Force units is massively intense.
The list of jobs Del Pilar performs is substantial. She does everything from performing qualitative and trend analysis of annual budgets for the detachment and Global War on Terrorism programs. She performs variety of budgetary and administrative functions such as background data, information, and documentation to support program budgets, and serves as a liaison between program managers and their representatives and other staff offices connected with the budget process. She also serves as the budget advisor for the Det. 1 commander, and assists her on budget issues to support contingencies and exercises and initiates action request for funding from other Air Force activities for services provided while units are on deployed status.
2004, 2005, 2006 and 2007 Sustained Superior Performance Awardee with Detachment 1, 36 MXG (2004 to 2007).
Del Pilar is a unique talent and widely admired for her expertise and dedication. She is more than just a mainstay and budget person for the Air Force at Diego Garcia. Because of her work, the Air Force is able to successfully maintain a presence in the Indian Ocean and allow for deployed units to experience a seamless transition from their home base to their forward operating locations. Del Pilar is an invaluable asset to the Air Force and the recognition and awards she receives are well-deserved.


Welcome to the conclusion of our Game In Progress review of Mass Effect: Andromeda. Over the past few weeks, Gameological editor Matt Gerardi has been playing through this latest entry in BioWare's beloved space-opera series and reviewing it along the way. This final entry covers everything, including the Priority Ops "Journey To Meridian" and "Meridian—A Way Home," the game's main ending, and the conclusion of the "Ryder Family Secrets" quest line. Matt is playing as a woman and, for simplicity's sake, will be referring to Ryder as she/her throughout.
"On hold." It's a phrase that pops up an alarming number of times throughout Mass Effect: Andromeda. You'll start out on a new mission, get a tantalizing bit of story, and the next thing you know, you're being told to put it "on hold" until you reach the next big plot point or unexplored planet and receive an email telling you it's time to pick things up again. It's an understandable concession to the game's multiworld structure, but it's harmful to the momentum of Andromeda's smaller narratives, and since it leads to situations where several side stories are all reactivated and dumped on you simultaneously, it plays a big part in its exhausting pacing. Worst of all, Andromeda's creators seem to have taken their "on hold" device to heart and applied it to many of the game's most interesting plot threads without telling us. In this case, their continuation doesn't depend on an in-game email that's bound to show up within several hours of play. No, they're on hold until the next Mass Effect game shows up, assuming there is one and it's a sequel to Andromeda.
Given the game's premise, its overarching story always had to end the way it does. Andromeda is ultimately a game about pioneers, a vast operation that forges forward into an unexplored galaxy and lays the groundwork for a new interstellar society. It's not much of a spoiler to say that, in the end, Ryder does a good job and her success makes the Heleus Cluster far more inhabitable than it was when the Andromeda Initiative showed up. This is just the beginning of their story, and now they have the unenviable task of readying a handful of wild planets for the influx of cryogenically frozen civilians that will soon be calling them home. It's easy to imagine a sequel to Andromeda that jumps forward in time, to a point where this interplanetary society has been built up and is suddenly facing some new threat that players have to fend off.
And once again, that eye toward the future of this new civilization proves to be at the center of Andromeda's best moments. The game's final, most interesting decision is a political one. The bureaucrats that have been annoying you all game (except you, Kesh, you're cool) task you with choosing an ambassador to represent the planets' colonists. There are clear benefits to each of the four candidates, but the one that sticks out is the Angaran Moshae, a cultural icon who's revered by her people. In a game that is literally about invading and colonizing planets, it seems only right that Heleus' native inhabitants receive this honor and are treated with as much respect as possible. To its credit, Andromeda is aware of the imperialism it implores you to commit, even going so far as to push back against a character who balks at your decision to appoint the Moshae. Since this comes right at the end of the game, we don't get a chance to see it play out (something that'll surely be handled in a sequel), but it allows the player to take an introspective look at their priorities and think about what kind of example they want to be setting for the Initiative.
But when you look past Andromeda's main storyline, the threads left hanging—and there are plenty of them—make less sense and are far more damaging to the game as a whole. One of the biggest criticisms lobbed at Andromeda has been that the decisions you make are few in number and inconsequential. That is mostly true, but the clear reason is that these were baked into this game to set up events of future games. This isn't new for the series. Story bits from the original Mass Effect didn't pay off until the trilogy's final hours, when Shepard called in all the friends he made along the way (a trope Andromeda repurposes for its finale). But even in the case of the Rachni Queen, perhaps the most famous decision of this type from the original trilogy, that story had something of an ending. If you freed it, it fled into the wilds of Noveria, promising to sing your praises to its children. If you killed it, well, you killed it. Even with the lingering questions of the "good" choice and the complications the sequels would bring to the "bad" choice, the story was complete.
On the other hand, several of Andromeda's most intriguing plotlines don't have endings; they just end. Your investigation into the truth behind the Andromeda Initiative's goals? On hold. The murder of the Initiative's founder? On hold. The bad guy's traitorous second-in-command who revealed their plans to you and tried to cut a deal? On hold. The worst of them all is undoubtedly the revelation that Ryder's mother is still alive and has been stowed away in cryo-sleep this entire time, waiting to be woken up once there's a cure for her terminal illness. In a moment that is either disturbingly tone deaf or brilliantly self-aware, the Ryder twins gather in front of her cryo-pod and are told that their journeys in Heleus have yielded scientific information that could lead to a cure, but for now they should just "enjoy the fact that she is still alive—and that your accomplishments will one day save her life." And with that, she's put on hold until Mass Effect: Andromeda 2.
It's fine to foreshadow and set up sequels or expansions, but Andromeda's brazen table-setting takes a toll on its own self-contained storytelling. That destructive over-ambition defines Andromeda as a whole. Its desire to be bigger and freer than its predecessors hurt nearly everything about it. It's why the game's tedious tasks far outnumber its colorful set pieces. It's why the facial animations are as laughable as they are. It's why the script fluctuates between tonally incoherent nonsense and thought-provoking interactions. With this experiment out of the way and the groundwork so thoroughly laid for future stories to shed the excess that holds Andromeda down, the team at BioWare Montreal has a promising path ahead of itself for the sequel this game so desperately wants to prepare you for. That same process worked out pretty well for Mass Effect 2, after all.
The gulf in quality between the human and alien crew members really is astounding. After everything was said and done, I'd grown pretty fond of all of them. Jaal's story was especially well done, and the payoff of his loyalty mission—your visit to his family home—is one of the best scenes in the game.
I adored the final missions from a visual standpoint, as they focused almost entirely on that gorgeous Remnant architecture, massive complexes built entirely of pristine, angular metal that's shot through with neon blues and greens.
Romance choice: I accidentally fell into a serious relationship with Peebee after initially agreeing to keep our fling as a casual incident. After her constant denunciation of "strings," I was really disarmed when we came back from her Loyalty Mission and she had a change of heart.
Combat preferences: I only used three of the four favorite slots. My primary build was a Vanguard who mostly dealt in shotguns, Charge, Overload, and Nova. My second was an Infiltrator with Turbocharge, Incinerate, and Concussive Shot. And my third was an Engineer with Overload, Assault Turret, and Remnant VI. That was a fun one.


With so many memorable moments on our holiday choosing the best is difficult, but if I could only choose one day it would be the day we cruised into Glacier Bay National Park. Awesome doesn't even begin to describe the experience.
I used a piece of blue ombré 12×12 patterned paper for my background which picks up the colours in the photograph. The layout came together quite easily.
I added die cut and printed words as details, and an Alaskan journaling card. We saw loads of sea otters in the water so this little sea otter embellishmentswill remind me of those marvellous creatures.
I hand cut and glittered the ice bergs. We were fortunate to see two large glacier calving's whilst in Glacier Bay, and although it was very, very cold the sun was shining. Truly an amazing day!
This entry was posted in Scrap Booking on July 3, 2018 by Christina Dore.
I'm rather pleased with this scraplift of my previous layout. The photo was taken on beach one at Stanley Park, Vancouver, Canada. Not a beach as we know it, or the pacific ocean which is behind me as I have imagined it! We spent a lovely day exploring the park and walked 14 miles.
I thought the packaging from the Kaisercraft papers was too nice to throw away so die cut the patterns with this small stitched scalloped square. Not much wasted.
I created a border to frame my photo with a selection of stamps and dies. I have added some colour to the shells with promarkers. Journaling can be added to a tag behind the photo.
Supplies used: Scalloped square die from the Karen Burniston Spinner Square die set, crab is also a Karen Burniston die. Shells and Coral are by Stampendous. Quote next to the title and the anchor from Woodware stamp sets. I also used some old travel stamps for the circular elements.
This entry was posted in Scrap Booking on June 27, 2018 by Christina Dore.
I made this layout just before leaving for the airport! I have die cut thirteen scalloped squares from some DCWV packaging and arranged them around my photo. I love the foiled accents on the papers. The card stock weight patterns are still acid free and show a smaller version of the larger 12×12 papers in the pack. A couple of scalloped borders top and bottom plus the title and the page is almost finished.
I added a floral embellishment using Cheery Lynn dies, a sprinkling of pearls, and added some gold lines for my journaling. Done!
Supplies used: scalloped square from the Karen Burniston Spinner Square die set, scalloped borders lawn fawn die, Cheery Lynn fern, build a flower and baby's breath dies.
This entry was posted in Scrap Booking on June 25, 2018 by Christina Dore.
My latest layout. Capturing my first attempts at taking a selfie with my new phone with hilarious results!
I dry brushed white gesso onto patterned paper, then swooshed on some pink distress inks using the packaging technique. Photos matted and layered with some fussy cut flowers from another patterned paper. Added some stamped words to the background. Title stamped and die cut. Journaling written directly onto the page.
Supplies used: Little by Little by Shimelle American Crafts 12×12 paper pad, Title a combination of Stampendous Brush Alphabet stamps and selfie die cut with Cricut, small words: Click Photo Sentiments stamp set by Marion Emberson.
This entry was posted in Scrap Booking on May 29, 2018 by Christina Dore.
I have turned my "Almost Ready" page into a double layout.
I continued with the floral theme and used the same scraps of patterned papers to back my cut files. I have used the same ink colours and stencil for the background and again added some stamped words.
The bridesmaid's dresses were a very, very pale pink so I have used that for my colour inspiration. This is a lovely theme for an album and I am finding it very relaxing to work on!
This entry was posted in Scrap Booking on May 25, 2018 by Christina Dore.
I have scraplifted "My Wonderful Gift" layout and recreated it as a wedding page for my niece's wedding album.
I have added colour to the background with worn lipstick and picked raspberry distress inks, a small heart stencil and word stamps. I used a selection of patterned paper scraps to back the cut file.
You can see more about my first layout that I have scraplifted by clicking here.
This entry was posted in Scrap Booking on May 23, 2018 by Christina Dore.
A quick and easy layout but I'm pleased with the finished page! I used a selection of patterned paper scraps to coordinate with the colours in the photo and cut them into rectangles. I die cut a square from two of the rectangles to make a polaroid frame shape.
Supplies used – Lawn Fawn stitched rectangle dies, Presscut Square die, Die-versions Notebook edge die, Sweet Dixie Stylised Daisy die set. Assorted alphabet and word dies used for title.
This entry was posted in Scrap Booking on May 21, 2018 by Christina Dore.
I cropped with friends today and amid a LOT of chatting I managed to create another layout!
I coloured the background with faded jeans and peeled paint distress ink and then stencilled a hydrangea on top, plus added some Happy Retirement words. The white floral cut file has been backed with scraps of patterned paper. I just added a die cut title and some journaling and I think that was enough.
The beautiful hydrangea that my team kindly gave me is now planted and looking wonderful in the garden!
This entry was posted in Scrap Booking on May 15, 2018 by Christina Dore.
I met with friends last night to scrapbook and created my first layout since closing the business. I am really pleased with how it turned out, although I had to remember to take everything with me that I was going to need which amused everyone else!
I started with a piece of white 12×12 cardstock and painted stripes across it in a rainbow pattern of colours using my Kuretake Gansai Tambi paints. Whilst the paint was drying I punched a variety of decorative strips plus flowers in the same rainbow colours.
I die cut some black foliage (Cheery Lyn dies) and arranged everything around my three photos. I have left white space at the bottom of the page for some journaling.
I used Lawn Fawn and Marianne dies to create the title, and the tiny cute cat embellishments are made with a Karen Burniston die set that also features a dog, plus accessories. I finished the flower centres with some black gems.
This was great fun to make and could easily be adapted to other themes. How about stripes of blue, aqua and green for a nautically themed page, replacing the flowers with shells and seaweed? Or how about yellows and oranges for a tropical holiday page? If you scraplift this design do send me a photo. I would love to see what other scrapbookers create with the design!
This entry was posted in Scrap Booking on May 10, 2018 by Christina Dore.


Is your organization name professionally presented and located at the highest possible point in your exhibit?
Are your graphics easily read from 10-20 feet away?
Is the exhibit theme easily read and presented with memorability in mind?
Is the key point in your graphics prominently positioned?
Are your tables the right height for the planned activities?
Are the video screens/monitors large enough and at the right height for easy viewing?
Is the demonstration area large enough for planned activities?
Is the lighting adequate for easy viewing of the exhibit?
Is there adequate storage space to eliminate a cluttered exhibit?
Are the photographs and backlit transparencies easily read from 10-20 feet away?
Is there adequate table space for lead-generating activities?
Do the graphics and colors attract the eye? Are they pleasing to the senses? Are they memorable?
Utilizing video screens and backlit signage and graphics can increase foot traffic into your space. LED light boxes are eye-catching and can be used to further incorporate the brand messaging. These frames come in a variety of shapes and sizes, and are easy to transport and simply plug into an electrical outlet. Videos and touch screen displays can be used to educate and entertain visitors. They can even act as an additional salesperson manning the booth while others are busy with prospects.
People love a giveaways and swag. Who doesn't like freebies? Many show attendees will choose to visit a booth solely based on what they are giving away. Give them something unique. The goal is to make an impact. and extend your brand's reach beyond the show.
Finding a unique branded promotional item to give away, that fits your target audience, theme or budget, shouldn't be a problem. (There are over 300,000 unique items and apparel to choose from on our dedicated KDM Branding website alone). Consumables, like candy bars and bottled waters with logoed labels, are very effective. They can make you valuable because of what you can immediately offer them. However, a more useful, non-consumable giveaway can create multiple brand impressions over time, extending your reach.
According to our KDM Branding Solutions expert, Nancy Gullette, branded tote bags can be extremely effective for gaining impressions at trade shows, as many attendees seek these out so they have something to carry all of their freebies and literature in. Additionally, the tote becomes a traveling advertisement as it is seen throughout the entire tradeshow while all the other brand's promotional products are being stuffed inside it.
According to an Ad Specialty Institute (ASI) Impressions Study, a branded bag generates over 5,700 impressions in the U.S., more than any other promotional item. It stands to reason that the more useful an item is the longer it will be kept. Think t-shirts, beverage tumblers, car chargers, flash drives, etc. The bottom line is that branded promotional products can, and should, create an impact that keeps your company top of mind after the trade show.
KDM P.O.P. Solutions Group is well equipped to assist with all aspects of your trade show needs. In addition to hundreds of ad specialty items from our dedicated KDM Branding site, we can also support the need for other branded booth contents: apparel, table throws, backdrops and hanging sign frames.
Our Print division provides custom graphics and marketing collateral utilizing 25 printing presses. Additionally, our Retail Environments and Creative Design Services teams can design, fabricate and execute custom displays and fixtures for those massive island trade show spaces too! Contact us today to learn more!


Kriss Kyle, Felix Prangenberg and Jordan Godwin went to battle with the city of Milan for three days, and laid down an onslaught of technical and burly riding. This is definitely one of my favorite Red Bull video series at the moment…You know these names don't disappoint. Dive in.


Our knitted Angel of the North had so much fun with us last year, he's decided to come back to us! He's not started very well though – did nobody tell him you're not allowed to run in the corridor…?
He's gone home with Bonnie for the weekend – let's hope he's better behaved with her than he was in school!


If you're looking for a new Volvo dealership near Germantown, come on over to DARCARS Volvo. We have a wide selection of new Volvo and used vehicles available, along with an excellent service center where we can help keep your car in great shape. We are just a quick drive away from the Germantown area, and you're welcome to stop by at any time.
We're conveniently located at 15401 Frederick Rd, Rockville, MD. It will take you less than 20 minutes to reach us from Germantown, via I-270 S. When you arrive, you'll see why that simple trip is well worth it.
We have a wide selection of new and used cars available for you to choose from. You'll find a selection of new Volvo cars and SUVs, along with a selection of used cars in a variety of makes and models. No matter what you're looking for in your next vehicle, we can help you find the right fit at our dealership.
When you're ready to buy or lease your next vehicle, be sure to stop by our finance center. We have a team of financing experts who can help you get the Volvo lease or loan you need to get behind the wheel of your perfect new car.
Once you're out on the road in that new car, you're always welcome to come back to visit our service center. We have a team of highly-skilled Volvo technicians who can take care of your maintenance, repairs and parts replacements to keep your car in great shape.
Visit our dealership near Germantown when you're ready to find a new Volvo or take care of your Volvo auto service. The drive is simple and when you arrive, we will offer any assistance you might need in taking care of your Volvo needs. Stop by at your convenience and we will help you get started.


text:
Daniel (Greek)
1This is the book of the generations of Adam. In the day that God created man, he made him in God's likeness. 2He created them male and female, and blessed them. On the day they were created, he named them Adam.#5:2 "Adam" and "Man" are spelled with the exact same consonants in Hebrew, so this can be correctly translated either way. 3Adam lived one hundred and thirty years, and became the father of a son in his own likeness, after his image, and named him Seth. 4The days of Adam after he became the father of Seth were eight hundred years, and he became the father of other sons and daughters. 5All the days that Adam lived were nine hundred and thirty years, then he died.
6Seth lived one hundred and five years, then became the father of Enosh. 7Seth lived after he became the father of Enosh eight hundred and seven years, and became the father of other sons and daughters. 8All of the days of Seth were nine hundred and twelve years, then he died.
9Enosh lived ninety years, and became the father of Kenan. 10Enosh lived after he became the father of Kenan eight hundred and fifteen years, and became the father of other sons and daughters. 11All of the days of Enosh were nine hundred and five years, then he died.
12Kenan lived seventy years, then became the father of Mahalalel. 13Kenan lived after he became the father of Mahalalel eight hundred and forty years, and became the father of other sons and daughters 14and all of the days of Kenan were nine hundred and ten years, then he died.
15Mahalalel lived sixty-five years, then became the father of Jared. 16Mahalalel lived after he became the father of Jared eight hundred and thirty years, and became the father of other sons and daughters. 17All of the days of Mahalalel were eight hundred and ninety-five years, then he died.
18Jared lived one hundred and sixty-two years, then became the father of Enoch. 19Jared lived after he became the father of Enoch eight hundred years, and became the father of other sons and daughters. 20All of the days of Jared were nine hundred and sixty-two years, then he died.
21Enoch lived sixty-five years, then became the father of Methuselah. 22After Methuselah's birth, Enoch walked with God for three hundred years, and became the father of more sons and daughters. 23All the days of Enoch were three hundred and sixty-five years. 24Enoch walked with God, and he was not found, for God took him.
25Methuselah lived one hundred and eighty-seven years, then became the father of Lamech. 26Methuselah lived after he became the father of Lamech seven hundred and eighty-two years, and became the father of other sons and daughters. 27All the days of Methuselah were nine hundred and sixty-nine years, then he died.
28Lamech lived one hundred and eighty-two years, then became the father of a son. 29He named him Noah, saying, "This one will comfort us in our work and in the toil of our hands, caused by the ground which the Lord has cursed." 30Lamech lived after he became the father of Noah five hundred and ninety-five years, and became the father of other sons and daughters. 31All the days of Lamech were seven hundred and seventy-seven years, then he died.
32Noah was five hundred years old, then Noah became the father of Shem, Ham, and Japheth.
PUBLIC DOMAIN. "World English Bible" is trademark of eBible.org.
1This is the book of the generation of Adam. In the day that God created man, he made him to the likeness of God.
2He created them male and female; and blessed them; and called their name Adam, in the day when they were created.
3And Adam lived a hundred and thirty years, and begot a son to his own image and likeness, and called his name Seth.
4And the days of Adam, after he begot Seth, were eight hundred years: and he begot sons and daughters.
5And all the time that Adam lived came to nine hundred and thirty years: and he died.
6Seth also lived a hundred and five years, and begot Enos.
7And Seth lived after he begot Enos, eight hundred and seven years, and begot sons and daughters.
8And all the days of Seth were nine hundred and twelve years: and he died.
9And Enos lived ninety years, and begot Cainan.
10After whose birth he lived eight hundred and fifteen years, and begot sons and daughters.
11And the days of Enos were nine hundred and five years: and he died.
12And Cainan lived seventy years, and begot Malaleel.
13And Cainan lived after he begot Malaleel, eight hundred forty years, and begot sons and daughters.
14And all the days of Cainan were nine hundred and ten years: and he died.
15And Malaleel lived sixty-five years, and begot Jared.
16And Malaleel lived after he begot Jared, eight hundred and thirty years, and begot sons and daughters.
17And all the days of Malaleel were eight hundred and ninety-five years: and he died.
18And Jared lived a hundred and sixty-two years, and begot Henoch.
19And Jared lived after he begot Henoch, eight hundred years, and begot sons and daughters.
20And all the days of Jared were nine hundred and sixty-two years: and he died.
21And Henoch lived sixty-five years, and begot Mathusala.
22And Henoch walked with God: and lived after he begot Mathusala, three hundred years, and begot sons and daughters.
23And all the days of Henoch were three hundred and sixty-five years.
24And he walked with God, and was seen no more: because God took him.
25And Mathusala lived a hundred and eighty-seven years, and begot Lamech.
26And Mathusala lived after he begot Lamech, seven hundred and eighty-two years, and begot sons and daughters.
27And all the days of Mathusala were nine hundred and sixty-nine years: and he died.
28And Lamech lived a hundred and eighty-two years, and begot a son.
29And he called his name Noe, saying: This same shall comfort us from the works and labours of our hands on the earth, which the Lord hath cursed.
30And Lamech lived after he begot Noe, five hundred and ninety-five years, and he begot sons and daughters.
31And all the days of Lamech came to seven hundred and seventy-seven years: and he died. And Noe, when he was five hundred years old, begot Sem, Cham, and Japheth.


text:
Understanding sexual consent
There's only one way to know for sure if someone has given their consent: if they tell you
Anjam Singh
Published at : August 5, 2018
Updated at : August 5, 2018 08:47
The recent #metoo movement has provided the global evidence of the startling magnitude of sexual harassment and misogyny especially experienced by urban and educated women. Aptly, it opened up a discourse on the ubiquity of violence particularly sexual harassment faced by women across diverse class, caste, race, religion and profession. The movement has also contributed to mainstreaming the discussion on sexual harassment and violence which was earlier considered the responsibility of only feminist activists Such mainstreaming of discourse on sexual harassment against women has raised concerns among certain sections of men as well as women who argue that the constant fear-mongering among men about their behavior would negatively affect their everyday interactions with women. I raised this issue following a discussion with some of my male friends who raised concerns over the thin line of affection/flirtations and harassment which could be easily misconstrued, difficult to decipher and at times, misused. Perhaps the concern is over-hyped and it largely stems from the lack of understanding of consent and how it works.
Ambiguous understanding
The case of Aziz Anasari represents an excellent example of the ambiguous understanding around consent. The American comedian of Indian origin, was publicly accused of having forceful sexual encounter by one of the girls he dated. The incident caused a huge uproar and divided opinions even among feminists, some of whom opined that such issues should not be conflated with the serious issues of sexual harassment and rape that #metoo movement had been raising.
At the same time, the voices sympathetic to Ansari stated that he was unnecessarily being demonised as it was just a case of "relationship gone wrong." They argued that the nature of their interaction was largely consensual and the girl should have given clear indications of resistance if she was being uncomfortable or forced to do something she didn't want to.
While this incident may not be, as some feminists argue, as severe in nature as rape or other forms of violence against women, this doesn't discount the need for speaking up against and calling out these kind of behaviors. Not speaking against them would further normalise the widely prevalent and deep-rooted patriarchal behavioral patterns that i) consider sexual pleasure being only men's domain, ii) disregard women's opinions/decisions on matters related to sex and intimacy; and are devoid of sensitivity to gauge discomfort faced by the other party.
Further, the incident has opened up the discussion on what exactly consent entails and how we understand harassment and violence in the seemingly consensual relationships and interactions better.
Over the years, the discussion of sexual consent globally has moved from a position of "no means no"—which highlighted that one of the parties have to show some forms of resistance to express lack of consent- to "yes means yes" which requires both parties to express conscious, voluntary, verbal or non-verbal agreement to partake in any activity of sexual nature. The shift from no means no to what is now called an affirmative consent
Hold accountable
The Gender Equality Act 2006 of Nepal has also revised the definition of consent in section 14 of Muluki Ain to include the concept of affirmative consent in the context of rape. The revised definition states that consent given by a minor; acquired through fear, threat, duress or coercion or by subjecting her to an undue influence shall not be deemed consent. Similarly, consent acquired in the state of unconsciousness is also not considered consent.
The Gender Equality Act has also expanded the definition of consent in the context of sexual harassment recognising marital rape as a criminal offense. While these laws are progressive, concerns and confusion remain how these laws can be effectively implemented and how the notion of consent can be further expanded to incorporate complexities pertaining to sexual interactions particularly in marital or intimate relationships.
In addition, the patriarchal attitude of institutions of justice is often the biggest hindrance to translating the laws into practice. In the absence of adequate understanding of gender and power relations, laws dealing with sexual harassment/rape and consent are, in most cases, interpreted in such a way that discount victims' experiences. Moreover, if the accused is someone known by the victim, the instances of violence are further trivialised and the onus of preventing the violence is often put on women.
The high-profile case in India in 2015 involving a film-maker highlights this pattern. Mahmood Farooqui—an Indian filmmaker was accused of rape by an American scholar, who was an acquaintance and had traveled to India for her research study in 2016. The two had shared some level of intimacy in the past however, on the day of the incident, the victim claimed that she had refused sex and had resisted both verbally and non-verbally however, the accused forced himself on her.
Her claim of resistance was verified by the trial court and the accused was initially sentenced to jail for seven years on the charges of rape however, the Delhi High Court acquitted him saying "instances of women's behavior are not unknown that a feeble no may mean a yes" Implementation is key. This judgement shows that just having progressive laws on violence against women does not always translate into justice. This judgement did not take into account the complexities of consent that saying an emphatic "no" in the face of sexual violence is not always possible especially if it involves somebody they know because of fear of consequences, intimidation or because they are just too shocked by the betrayal of trust.
While the definition of consent in the Indian Penal Code 375 explicitly mentions that consent has to be expressed through words or overt actions and that silence or absence of no does not automatically amount to consent. Many feminists also argue that the judgement does not consider the fact that the prior relationships or sexual interactions do not set the ground to justify consent and consent has to be taken for the present interactions. Similarly, consent also needs to be taken for a particular sexual act.
We have progressive laws but still attaining justice for women remains an uphill task. We should be critically questioning the taken-for-granted and trivialised patronising, objectifying, dehumanising and violent behaviors and actions against women. Most importantly, it calls for a redefined relationship between women and men at all levels that is based on equality and mutual respect towards each other's decisions and opinions. It isn't a difficult thing to ask for, is it?
Singh is a freelance social science researcher
Singh is a social science researcher.
Read Other Opinions
Eternal wait
The choice that shaped Nepal
Loosening the noose of credit
Flames of resistance
Decay of the party system


text:
Q: Как проверить в строке БД все столбцы на true или false Хочу сделать систему квестов, знаю как её сделать через if но их будет много, и в целом это будет плохой код. Расскажу свою задумку, когда пользователь выполнил квест в бд идет значение true, после этого тот квест который у него выполнен будет отображаться в профиле в виде значка, я не понимаю как мне сделать проверку всей строки пользователя в бд на наличия true false. Мой проект дискорд бот библиотека discord.net
мне нужно, чтобы находился айди юзера и айди гильдии, а все остальные столбцы была проверка на true or false

[Command("q")]
    public async Task questcheck ()
    {
        var user = QuestsDb.GetUserQuests(Context.User.Id, Context.Guild.Id);

        if (user == null)
        {
            user = new Quests
            {
                UserId = Context.User.Id,
                GuildId = Context.Guild.Id,
                ten_daily = false,
                two_cases = false,
                lvl_up_3 = false,
                three_weekly = false,
                lvl_up_7 = false,
                Forty_daily = false,
                twenty_hours_voice = false,
                eight_weeklu = false

            };
        }

        bool[] checkalluserquests = new bool[8] { user.ten_daily, user.two_cases, user.lvl_up_3, user.three_weekly,
            user.lvl_up_7, user.Forty_daily, user.twenty_hours_voice, user.eight_weeklu };

    }

теперь я думаю, что нужно написать цикл где будет проверятся все столбы на значение true или false и там где false нужно чтобы они записывались в отдельные переменные


text:
Derivative Claims in the Cayman Islands
Loeb Smith Attorneys
Cayman Islands December 21 2015
In this Briefing Note, we aim to provide a brief overview of the principles governing derivative and multiple derivative actions in the Cayman Islands.
What is a derivative action?
A derivative action is one commenced by one or more minority shareholders on be- half of a company of which they are member in respect of loss or damage which that company has suffered. Such a claim can only be brought in certain circumstances and amounts to an exception to the rule that a company, as a separate legal person, should sue and be sued in its own name (often referred to as the rule in Foss v Harbottle (1843), 2 Hare 461; 67 E.R 189). The circumstances in which such a claim may be brought were set out by Jenkins, L.J., in Edwards v Halliwell [1950] 2 All E.R. 1064:
"It has been further pointed out that where what has been done amounts to what is generally called in these cases a fraud on the minority and the wrong- doers are themselves in control of the company, the rule [in Foss v Harbottle] is relaxed in favour of the aggrieved minority who are allowed to bring what is known as a minority shareholders' action on behalf of themselves and all others. The reason for this is that, if they were denied that right, their grievance could never reach the court because the wrongdoers themselves, being in control, would not allow the company to sue."
The true nature of a derivative claim is often misunderstood. In the leading case on such actions in the Cayman Islands, Renova Resources Private Equity Limited [2009] CILR 268, at p. 275, Foster, J cited the explanation of such actions offered by Professor Gower in Modern Company Law, 3rd ed. (1969), at 587:
"Where such an action is allowed, the member is not really suing on his own behalf nor on behalf of the members generally, but on behalf of the company itself. Although (...) he will have to frame his action as a representative one on behalf of himself and all the members other than the wrongdoers, this gives a misleading impression of what really occurs. The plaintiff shareholder is not acting as a representative of other shareholders, but as a representative of the company (...) In the United States (...) this type of action has been given the distinctive name of a "derivative action," recognising that its true nature is that the individual sues on behalf of the company to enforce rights derived from it."
How to commence a derivative claim
Derivative claims, as with the majority of actions commenced in the Cayman Islands, are normally begun by serving a writ and statement of claim on the relevant defend- ant or defendants. Grand Court Rules O.15, r.12A provides that where a defendant gives notice of an intention to defend the claim, then the plaintiff must apply to the Court for leave to continue the action. Such an application should be supported by affidavit evidence verifying the facts on which the claim and entitlement to sue on behalf of the company are based. The same must be issued within 21 days of the later of (a) the date of service of the statement of claim; or (b) the date when notice of an intention to defend was given. Further, the application, together with the affidavit evidence in support and any exhibits, must be served on the defendant or defendants not less than 10 clear days before the date for the hearing of the application (known as the return date). Where the plaintiff does not meet this deadline, the defendant may apply for the dismissal of the action.
The hearing of the application
Pursuant to Grand Court Rules O.15 r.12A(8) on the hearing of the application, the Court may grant leave to continue the action for such period and upon such terms as it thinks fit, dismiss the action, or adjourn the application and give such direction as to joinder of parties, the filing of further evidence, discovery, cross-examination of deponents and otherwise as it considers expedient.
In Renova Resources Private Equity Limited, Foster, J., affirmed the application in the Cayman Islands of the test to be applied in determining whether to grant leave to continue the action put forward by the English Court of Appeal in Prudential Assur. Co. Ltd v Newman Indus. Ltd (No. 2) [1981] Ch. 257. Foster, J., held that:
"(...)there are two elements to this: first the plaintiff [is] required to show pri- ma facie that there [is] a viable cause of action vested in the company and, secondly, that the alleged wrongdoers [have] control of the company (or could block any resolution of the company or the board) and thereby prevent the company bringing an action against themselves."
The Judge further held that (at p. 283):
"For the plaintiff to obtain leave to continue with the action, I consider that I must be satisfied in the exercise of my discretion that its case is not spurious or unfounded, that it is a serious as opposed to a speculative case, that it is a case brought bona fide on reasonable grounds, on behalf of and in the interests of the company and that it is sufficiently strong to justify granting leave for the action to continue rather than dismissing it at this preliminary stage."
Foster, J., ruled that in order to satisfy the Court in the above terms it was necessary for the plaintiff to do more than show the absence of the grounds required for a strike-out in the ordinary course of litigation. However, the Court should not look to hold a mini-trial of the issues. Instead the Court should form a view based on its first impressions, having regard to its assessment of all of the evidence before it, including any evidence submitted by the defendant.
The First and Fifth Defendants in Renova Resources Private Equity Limited had sought to argue based on the English authorityAirey v Cordell [2007] Bus. L.R. that the Court needed to go further and consider whether a hypothetical independent board acting reasonably would have brought the claim and proceeded with the case. After considering the authorities in the area, Foster, J., concluded that such a question was only relevant where the shareholder in question sought an indemnity for his costs from the company on whose behalf action was being taken.
Multiple Derivative Action
In Renova Resources Private Equity Limited the Grand Court held that in appropriate circumstances multiple derivative actions would be permitted. In that case the plain- tiff had brought an action in respect of loss incurred by a wholly-owned subsidiary of the company in which it was a shareholder and therefore loss to the subsidiary caused indirect loss to its parent company and shareholders. However, the rule against recovery of reflective loss applied such that a shareholder or parent company would not be permitted to claim for indirect losses which mirrored those losses suffered directly by the relevant subsidiary or indeed sub-subsidiary on whose behalf action was being brought.
Loeb Smith Attorneys - David Harby
Company & Commercial
Private Client & Offshore Services
Derivative suit
Digital Assets: Certain Cayman Islands law issues to consider *
Will the BVI Approved Manager regime become the preferred offshore option for establishing an Investment Manager? *
Fund Management in the Cayman Islands *
What is a mutual fund? Cayman Islands law explained *
Avoiding BVI law and Cayman Islands law pitfalls in banking & finance and corporate transactions *
Related Cayman Islands articles
Shareholder Disputes - A comparison between the Cayman Islands and the British Virgin Islands *
New York Supreme Court rules derivative claims under Cayman law must first go through Cayman courts *
New York Court Of Appeals Reverses Dismissal Of Derivative Claims Involving Cayman Islands Company, Finding Cayman Islands Gatekeeping Rule Inapplicable * - USA
Derivative actions in the spotlight in the commercial court * - Ireland
When will the court allow a common law derivative action on behalf of a company? * - Singapore
Brenda P Fuller
Sodexo, Inc
"I find the newsfeeds to be extremely helpful and relevant to my practice area and to the issues facing my company. As I am extremely happy with the newsfeed (it is one of the best I receive) I have no suggestions at this time for improvement."