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898 F. 2d 1544 - Justice Oaks II Ltd Wallis v. Justice Oaks II Ltd
898 F2d 1544 Justice Oaks II Ltd Wallis v. Justice Oaks II Ltd
22 Collier Bankr.Cas.2d 1304, Bankr. L. Rep. P 73,353
In re JUSTICE OAKS II, LTD. Chapter 11, Debtor.
Bruce WALLIS, Kate Wallis, Plaintiffs-Appellants,
JUSTICE OAKS II, LTD., Defendant-Appellee.
Eleventh Circuit.
S. Thomas Padgett, Keego Harbor, Mich., for plaintiffs-appellants.
Shirley Arcuri, Tampa, Fla., George L. Cass, Pittsburg, Pa., for defendant-appellee.
Appeal from the United States District Court for the Middle District of Florida
Before TJOFLAT, Chief Judge, HATCHETT, Circuit Judge, and MORGAN, Senior Circuit Judge.
TJOFLAT, Chief Judge:
Bruce and Kate Wallis (the Wallises) appeal the district court's order affirming three separate orders entered by the bankruptcy court in In re Justice Oaks II, Ltd., No. 86-1976-8P1, a reorganization of Justice Oaks II, Ltd. (Justice Oaks) under chapter 11 of the Bankruptcy Code, 11 U.S.C. Secs. 1101-1174 (1988). The three bankruptcy court orders were consolidated for the purpose of appeal to the district court. The district court affirmed the bankruptcy court orders on the ground of res judicata, holding that the Wallises' claims were barred by prior orders of the bankruptcy court. We disagree, in part, with the district court's reasoning but nevertheless affirm the district court and, by operation of law, the bankruptcy court.
Justice Oaks, a limited partnership, owned a large residential development in Sarasota County, Florida. When the development failed, Justice Oaks filed, on May 15, 1986, a petition for reorganization under chapter 11. At that time, Justice Oaks had four potential major creditors:
1. South Florida Savings Bank (South Florida). South Florida held a first mortgage on all of Justice Oaks' property, with the exception of a guest house and an administration building in the development. The mortgage was South Florida's security for a $27 million loan to Justice Oaks.
2. Allegheny Oaks of Florida, Inc. (Allegheny). Allegheny, a former general partner of Justice Oaks, held a mortgage second in priority to South Florida's first mortgage on the majority of Justice Oaks' property. The second mortgage was Allegheny's security for Justice Oaks' promissory note to Allegheny in the amount of $7,334,746.
3. Park Bank of Florida (Park Bank)/FDIC. Park Bank, now succeeded by the FDIC, held a mortgage on the guest house and administration building as security for its loan to Justice Oaks in the amount of $4,500,000.
4. Bruce and Kate Wallis. The Wallises personally guaranteed Park Bank's loan to Justice Oaks, but the Wallises' liability on that guarantee appears to have been limited to $3,000,000.
On November 11, 1986, the Wallises filed a proof of claim asserting that, on the basis of their personal guarantee of the Park Bank loan, Justice Oaks "was at the time of the filing of the Petition initiating this case, and still is, contingently indebted to this Claimant in the sum of $4,500,000 plus interest." Significantly, neither Park Bank nor its successor, the FDIC, has foreclosed on the mortgage; therefore, the Wallises were not then, and are not now, indebted to Park Bank or the FDIC on the guarantee.
After several creditors had filed proofs of claims, Justice Oaks, Justice, Inc. (Justice) (Justice Oaks' parent corporation), Allegheny, and South Florida entered into negotiations to settle the various claims against Justice Oaks. The parties agreed that Justice Oaks would sell its property, with the exception of the guest house and administration building, to Arvida Disney Corporation for $25.7 million; $3.7 million would be paid at closing, and the remainder would be paid under a six-year purchase-money note. Arvida would also secure its obligation to Justice Oaks with a first mortgage on all of the property. Upon closing, Justice Oaks would apply the $3.7 million cash proceeds as follows:
1. $1,000,000 to Allegheny in full satisfaction of Justice Oaks' promissory note to Allegheny;
2. $25,000 for tax liabilities;
3. $50,000 for administrative expenses;4. $100,000 to all unsecured creditors; and
5. the remainder to South Florida.
Furthermore, Justice Oaks would deliver Arvida's promissory note and mortgage to South Florida, and, in exchange for the cash, note, and mortgage, South Florida would release Justice Oaks from its debt to South Florida. Thus, Arvida would receive the Justice Oaks property free and clear of all liens.
On December 3, 1986, Justice Oaks moved the bankruptcy court to hold an expedited hearing on the proposed sale to Arvida, shorten notice, and approve the sale. The next day, the court granted the motion to shorten notice and scheduled the hearing for December 12. The Wallises received notice of this order. On December 8, Justice Oaks moved the court to authorize settlement of the claims, as outlined above, and requested that the hearing on this matter be held on December 12 as well. The hearing took place on December 12, and the court granted the motion to sell the property to Arvida free and clear of all liens and authorized the parties to settle the claims as discussed above. Apparently, the Wallises did not appear at this hearing but received notice of the court's orders.
On January 20, 1987, Justice Oaks filed an amended proposed plan of reorganization (plan), which essentially restated the settlement agreement. The plan set out various classes of creditors and proposed the following disposition of funds:
1. South Florida to receive cash, note, and mortgage from sale of property to Arvida;
2. Allegheny to receive $1,000,000;
3. FDIC, as successor to Park Bank, to receive the guest house and administration building free and clear of all liens; and
4. all contingent creditors, including the Wallises, to receive nothing.
South Florida, Allegheny, and the FDIC were classified as secured creditors, while the Wallises were listed as unsecured creditors.
On May 15, 1987, after receiving notice of the plan, the Wallises filed (1) a clarified proof of claim, which stated that the claim was not contingent, and (2) an objection to confirmation of the plan. In their objection to confirmation, the Wallises asserted that Rodney Propps, a general partner of Justice Oaks, made several fraudulent misrepresentations in order to convince them to guarantee the Park Bank loan. The Wallises alleged that these misrepresentations were part of a scheme involving Propps, Justice Oaks, Allegheny, and South Florida that was designed to raise sufficient funds to buy out Allegheny's partnership interest in Justice Oaks. Thus, the Wallises argued that the plan was not fair or equitable since it proposed large payments to Allegheny and South Florida while leaving the Wallises liable for any deficiency resulting from the FDIC's sale of the guest house and administration building.
On May 15, 1987, the Wallises filed in the bankruptcy court an adversary complaint against Justice Oaks, South Florida, and Allegheny. The Wallises filed an amended complaint on June 8, 1987 against the same parties. The amended complaint essentially restated the factual allegations contained in the Wallises' objection to confirmation but requested two different remedies. First, it asked the court to declare an equitable lien in favor of the Wallises on the proceeds from the sale to Arvida "in the amount equal to [the Wallises'] liability on the guaranties." Second, it requested the court equitably to subordinate, under 11 U.S.C. Sec. 510, Allegheny's and South Florida's claims to the Wallises' own claim.
On June 15, 1987, Allegheny filed a motion to dismiss the Wallises' adversary complaint. Allegheny argued, inter alia, that, because the Wallises had not been required to pay anything on their guarantee of the Park Bank loan, they had no claim and therefore could not request subordination or an equitable lien. On the same day, the bankruptcy court overruled the Wallises' objection to confirmation of the plan. The court held that its order authorizing Justice Oaks to settle Allegheny's and South Florida's claims established the law of the case and that the Wallises, who had not objected to the proposed settlement, could not object to the plan, which was essentially a restatement of the settlement agreement. The court then confirmed the plan, and the Wallises filed an appeal in the district court. The district court dismissed the appeal because the Wallises failed to file their notice of appeal within ten days of entry of judgment. See Bankr.R. 8002(a) & advisory committee note.
On July 3, 1987, the Wallises moved the bankruptcy court to maintain in escrow the cash proceeds from the sale of Justice Oaks' property to Arvida. The Wallises argued that it would be improper to allow those funds to be disbursed to Allegheny and South Florida while the adversary proceeding against those parties was pending. On July 31, 1987, the court denied this motion, and the Wallises again appealed to the district court. Shortly after the bankruptcy court denied this motion, the Wallises dismissed South Florida from the adversary proceeding and dropped their objection to disbursement of funds to South Florida.
For the next several months, the Wallises filed numerous motions for rehearing and reconsideration, appeals, and motions to stay payment to Allegheny pending resolution of the other motions and appeals. Finally, on February 4, 1988, the bankruptcy court established February 19, 1988, as the last day on which a creditor or interested party could object to a previously filed claim. Not surprisingly, on February 16, the Wallises filed an objection to Allegheny's claim and, on February 24, filed an amended objection. The Wallises, relying on essentially the same factual allegations as contained in the adversary complaint and objection to confirmation, argued that Allegheny's claim arose out of the redemption of its partnership interest in Justice Oaks and therefore represented a return on investment rather than a secured claim. On March 10, 1988, the bankruptcy court dismissed the Wallises' adversary proceeding. The court reasoned that all of the issues raised in the complaint had been considered by the court when it authorized settlement and confirmed the plan. And on May 12, 1988, the bankruptcy court overruled the Wallises' objection to Allegheny's claim, holding again that the allowance of Allegheny's claim had been finally determined in the court's orders authorizing settlement and confirming the plan. In both the proposed settlement and the proposed plan, Allegheny's claim was treated as a secured creditor's claim. Apparently, the court considered the Wallises' objection and adversary complaint to be barred by the law of the case. The Wallises appealed these orders to the district court.
On appeal to the district court, three of the bankruptcy court's orders were consolidated: (1) the order dismissing the Wallises' adversary complaint, (2) the order denying the Wallises' motion to require maintenance of funds in escrow, and (3) the order overruling the Wallises' objection to Allegheny's claim. The district court agreed with the bankruptcy court on all counts. According to the district court, the Wallises should have objected to the motion to approve the proposed settlement and should have appealed the bankruptcy court's order authorizing settlement. Their failure to do so resulted in a final judgment that barred their later attempts to pursue their claims. Thus, the court affirmed all three orders on the ground of res judicata. The Wallises appeal, and we affirm.1 We address each order in turn, beginning with the order dismissing the Wallises' adversary complaint.
As we note above, both the bankruptcy and district courts held that former adjudication barred litigation of the Wallises' adversary proceeding against Allegheny. The courts gave preclusive effect to the bankruptcy court's (1) order authorizing settlement and (2) order confirming the plan. We analyze both orders in turn to determine their preclusive effect.
We need not tarry over the bankruptcy court's order authorizing settlement since that order does not constitute a final decision on the merits. A court's order or judgment can never have any preclusive effect2 on future litigation unless that order or judgment constitutes a final decision on the merits. See Ashe v. Swenson, 397 U.S. 436, 443, 90 S.Ct. 1189, 1194, 25 L.Ed.2d 469 (1970); United States v. United States Smelting Refining & Mining Co., 339 U.S. 186, 198, 70 S.Ct. 537, 544, 94 L.Ed. 750 (1950); Jones v. Texas Tech Univ., 656 F.2d 1137, 1141 (5th Cir. Unit A Sept. 1981).
When a bankruptcy court decides whether to approve or disapprove a proposed settlement, it must consider:
(a) The probability of success in the litigation; (b) the difficulties, if any, to be encountered in the matter of collection; (c) the complexity of the litigation involved, and the expense, inconvenience and delay necessarily attending it; (d) the paramount interest of the creditors and a proper deference to their reasonable views in the premises.
Martin v. Kane (In re A & C Properties), 784 F.2d 1377, 1381 (9th Cir.) (quoting In re Flight Transp. Corp. Sec. Litig., 730 F.2d 1128, 1135 (8th Cir.1984), cert. denied, 469 U.S. 1207, 105 S.Ct. 1169, 84 L.Ed.2d 320 (1985)), cert. denied, 479 U.S. 854, 107 S.Ct. 189, 93 L.Ed.2d 122 (1986).
When the bankruptcy court below approved the settlement agreement between Justice Oaks, Justice, South Florida, and Allegheny, the court was required to determine only the probability of success should South Florida's and Allegheny's claims be litigated, the difficulty of collecting on those claims, the expense of litigation, and the other creditors' interests. In making these determinations, the court had to consider many factors other than the merits of South Florida's and Allegheny's claims. The court, moreover, never had to decide the merits of those claims--only the probability of succeeding on those claims. Such a determination is much like that required of a court before it may grant a preliminary injunction. See Dallas Cowboys Cheerleaders, Inc. v. Scoreboard Posters, Inc., 600 F.2d 1184, 1188 (5th Cir.1979). And the Supreme Court has held an order granting a preliminary injunction not to be a final judgment on the merits. See United States Smelting, 339 U.S. at 198-99, 70 S.Ct. at 544. Similarly, we think that a bankruptcy court's order authorizing settlement of a claim cannot constitute a final judgment on the merits for purposes of former adjudication. Therefore, the bankruptcy court's order authorizing settlement of South Florida's and Allegheny's claims cannot be given preclusive effect as a final judgment on the merits.
While the court's order authorizing settlement cannot be given preclusive effect, we conclude that the order confirming the plan does satisfy the requirements of a judgment that can be given such effect. Furthermore, we hold that the doctrine of "claim preclusion"3 applies to bar litigation of the claims made in the Wallises' adversary complaint.
Claim preclusion applies to an order or judgment when four conditions are satisfied. First, the prior judgment must be valid in that it was rendered by a court of competent jurisdiction and in accordance with the requirements of due process. See Windsor v. McVeigh, 93 U.S. 274, 277-78, 23 L.Ed. 914 (1876); Jones, 656 F.2d at 1141; United States v. Hartley, 612 F.2d 1009, 1010 (5th Cir.1980). Second, the judgment must be final and on the merits. See United States Smelting, 339 U.S. at 198, 70 S.Ct. at 544; Jones, 656 F.2d at 1141. Third, there must be identity of both parties or their privies. See Jones, 656 F.2d at 1141. Fourth, the later proceeding must involve the same cause of action as involved in the earlier proceeding. See Baltimore S.S. Co. v. Phillips, 274 U.S. 316, 319, 47 S.Ct. 600, 602, 71 L.Ed. 1069 (1927); Jones, 656 F.2d at 1141.
In this case, all four requirements are satisfied by the order confirming the plan and the adversary proceeding at issue. First, the order confirming the plan was entered by a court of competent jurisdiction and in accordance with due process. No challenge to the bankruptcy court's jurisdiction over confirmation of the plan has been, or could be, asserted. Furthermore, it appears that the court complied with the procedural requirements of the bankruptcy rules by giving adequate notice of the hearing on confirmation and by properly conducting that hearing. See Bankr.R. 3020(b).
Second, the order constitutes a final judgment on the merits. This issue has been settled for some time: a bankruptcy court's order confirming a plan of reorganization is given the same effect as any district court's final judgment on the merits. See Stoll v. Gottlieb, 305 U.S. 165, 170-71, 59 S.Ct. 134, 137, 83 L.Ed. 104 (1938); Miller v. Meinhard-Commercial Corp., 462 F.2d 358, 360 (5th Cir.1972).4
Third, all of the parties to the adversary proceeding were parties to the confirmation proceeding, and the parties against whom the prior order is asserted (the Wallises) had a full and fair opportunity to raise their objection. A party, for the purposes of former adjudication, includes "all who are directly interested in the subject matter and who have a right to make defense, control the proceedings, examine and cross-examine witnesses and appeal from the judgment if an appeal lies." 1 A. Freeman, A Treatise of the Law of Judgments Sec. 430, at 936-37 (5th ed. 1925). Thus, one who participates in a chapter 11 plan confirmation proceeding becomes a party to that proceeding even if never formally named as such. Republic Supply Co. v. Shoaf, 815 F.2d 1046, 1051 (5th Cir.1987); see In re Met-L-Wood Corp., 861 F.2d 1012, 1016 (7th Cir.1988).
Any "party in interest may object to confirmation of a plan." 11 U.S.C. Sec. 1128. The Wallises, as guarantors of Justice Oaks' loan from Park Bank, clearly were parties in interest,5 and the bankruptcy court, in considering the Wallises' objection, treated them as such. Therefore, we conclude that, for the purposes of former adjudication, the Wallises were parties to the confirmation proceeding.6 Moreover, the record indicates that the Wallises had a full and fair opportunity to participate in that proceeding and took advantage of that opportunity. Finally, we note that there is complete identity of parties since Allegheny and Justice Oaks, the other parties to the current proceeding, were obviously parties to the confirmation proceeding as well.
Finally, the claims made in the Wallises' adversary complaint involve the same cause of action at issue in the confirmation proceeding. Claims are part of the same cause of action when they arise out of the same transaction or series of transactions. See Restatement (Second) Judgments Sec. 24 (1982). In this case, all of the Wallises' claims in their adversarial proceeding are based on the same transaction (the alleged fraudulent buy-out of Allegheny's partnership interest, along with the attendant misrepresentations of Rodney Propps) that gave rise, in part, to the terms of the plan. Therefore, the order confirming that plan was based, in part, on the transaction at the core of the Wallises' present claims. Consequently, the Wallises' present claims are based on the same cause of action that gave rise to their objection to confirmation of the plan.7
The bankruptcy court's order confirming the plan satisfies the four essential elements of claim preclusion. We next decide exactly what the Wallises are barred from relitigating in their adversary proceeding.
When all of the requirements of claim preclusion are satisfied, "the judgment or decree upon the merits in the first case is an absolute bar to the subsequent action or suit between the same parties ... not only in respect of every matter which was actually offered and received to sustain the demand, but also as to every [claim] which might have been presented." Baltimore S.S., 274 U.S. at 319, 47 S.Ct. at 602. Thus, to determine whether the Wallises are now precluded from litigating the claims advanced in their adversary proceeding, we must establish whether any or all of those claims were actually made, or could have been made, in their objection to confirmation. See In re Blanton Smith Corp., 81 B.R. 440, 442 (Bankr.M.D.Tenn.1987); Sanders v. GIAC Leasing Corp. (In re Sanders), 81 B.R. 496, 498 (Bankr.W.D.Ark.1987).
The Wallises, in their adversary complaint, make two arguments in support of their claims for an equitable lien on the proceeds from the sale to Arvida and for equitable subordination of Allegheny's claim: (1) that Allegheny engaged in "fraudulent" and "inequitable" conduct, and (2) that Allegheny is not a secured creditor since it is seeking to recover its investment or capital contribution in Justice Oaks. We think that these claims were, or at least could have been, raised in the Wallises' objection to confirmation. The Wallises did raise, in their objection to confirmation, the issue of Allegheny's alleged inequitable conduct. They argued in their objection that "it is now inequitable and unfair to propose that Allegheny ... receive a substantial portion of the debt due them, in light of the aforementioned inequitable conduct." The Wallises' objection did not expressly raise the claim that Allegheny was not a secured creditor, but it did allude to the fact that Allegheny's claim represented a claim for repayment of its partnership "interest" in Justice Oaks. The court specifically noted, in its order overruling the Wallises' objection, that the question of Allegheny's secured status had already been decided in favor of Allegheny and that it would not reconsider that decision.
The Wallises' objection was overruled, and they failed to appeal the order. The Wallises' adversary complaint essentially brings an impermissible collateral attack on the order confirming the plan. Because the claims raised in the Wallises' adversary complaint were already raised, or could have been raised, in their objection to confirmation, we hold that the doctrine of claim preclusion bars them from relitigating those claims.8 We therefore affirm the district court, in turn affirming by operation of law the bankruptcy court's dismissal of the adversarial complaint on the ground of claim preclusion.9III.
The bankruptcy court, citing the preclusive effect of its orders authorizing settlement and confirming the plan, overruled the Wallises' objection to Allegheny's claim. The district court affirmed on the basis of res judicata. We think that the question of former adjudication should never have been reached with regard to this objection since the Wallises had previously waived their right to object by failing to object prior to confirmation of the plan.
Under the Bankruptcy Code, "[a] claim ... is deemed allowed, unless a party in interest ... objects." 11 U.S.C. Sec. 502(a) (1988). Allegheny filed a proper proof of claim, and the Wallises, as parties in interest, had the right to object to that claim, see supra note 5; cf. 3 Collier on Bankruptcy p 502.01 (15th ed. 1989) (creditor of nondebtor general partner, whose partnership is debtor, is party in interest since possible exposure of general partner might hinder creditor's ability to collect). Bankruptcy Rule 3007 sets forth the procedure for filing an objection to a claim, but that rule does not provide any time limits for filing an objection. The Fifth Circuit, however, has found such a deadline implicit in several provisions of the Code. In Simmons v. Savell (In re Simmons), 765 F.2d 547 (5th Cir.1985), the court considered an objection, filed after confirmation of a plan, to a secured claim. Although the plan was a chapter 13 plan, most of the court's reasoning is applicable to confirmation of chapter 11 plans. The court held that "under section[ ] 506(a) [which applies in chapter 11 proceedings], a proof of secured claim must be acted upon--that is, allowed or disallowed--before confirmation of the plan or the claim must be deemed allowed for purposes of the plan. See 11 U.S.C. Sec. 502(a)."10 Simmons, 765 F.2d at 553. The court went on to hold that "because no objection was filed before confirmation of [the] plan, [the] claim should have been deemed an allowed secured claim for purposes of confirmation." Id. at 554.
While there is some dispute over the breadth of the Simmons court's holding, we think that it at least stands for the proposition that, when the objection is based on an argument that the plan misclassified the objectionable claim, the objection must be made prior to confirmation of the plan. Cf. 8 Collier on Bankruptcy, supra p 3007.03, at 3007-8 ("Simmons ... involved claim[ ] misclassified in the plan"). We find that proposition to be compelling. Furthermore, we hold that the Simmons rule applies in this case to bar the Wallises' objection to Allegheny's claim. The Wallises alleged in their objection that Allegheny's claim was "not a proper and allowable claim" because it arose from the buy-out of Allegheny's partnership interest in Justice Oaks. In other words, the Wallises argued that the plan, which classified Allegheny's claim as secured, misclassified the claim. Under the rule of Simmons, which we adopt today as characterized above, the Wallises lost their right to object to Allegheny's claim when the bankruptcy court confirmed the plan.11 We therefore affirm the district court and, by operation of law, the bankruptcy court order overruling the Wallises' objection to Allegheny's claim.
Finally, we come to the bankruptcy court's order denying the Wallises' motion to require funds from the sale of Justice Oaks' property to be maintained in escrow. That motion was based on the pendency of several proceedings. With our disposition of this appeal, however, none of those proceedings remain pending. We therefore find no reason to require maintenance of the sale proceeds in escrow and accordingly affirm the order denying the Wallises' motion.
For the foregoing reasons, we affirm the district court's judgment affirming the three bankruptcy court orders.
Holding a claim to be barred from relitigation on the ground of res judicata is a determination of law. "This [c]ourt's standard of review with regard to determinations of law, whether made by the bankruptcy court or by the district court, is de novo." Equitable Life Assurance Soc'y v. Sublett (In re Sublett), 895 F.2d 1381, 1383 (11th Cir.1990). We therefore review the district court's judgment and the three bankruptcy court orders de novo
See infra note 3 (describing the different types of preclusive effect a judgment can have)
In this opinion, we use the term "claim preclusion," while the bankruptcy court, in its order, cited the "law of the case" as its basis for holding the Wallises' arguments to be barred. The district court, however, framed its opinion in terms of "res judicata." For the sake of clarity, we take this opportunity to define these often misused terms
Res judicata is frequently used to refer generically to the law of former adjudication. A former judgment can create two different types of bars to subsequent litigation, depending on whether the subsequent litigation arises from the same or a different cause of action. If the later litigation arises from the same cause of action, then the judgment bars litigation not only of "every matter which was actually offered and received to sustain the demand, but also [of] every [claim] which might have been presented." Baltimore S.S. Co. v. Phillips, 274 U.S. 316, 319, 47 S.Ct. 600, 602, 71 L.Ed. 1069 (1927). In this opinion, we refer to this strand of former adjudication as "claim preclusion." See Jones v. Texas Tech Univ., 656 F.2d 1137, 1141 n. 1 (5th Cir. Unit A Sept. 1981). If, however, the subsequent litigation arises from a different cause of action, the prior judgment bars litigation only of "those matters or issues common to both actions which were either expressly or by necessary implication adjudicated in the first." 2 A. Freeman, A Treatise of the Law of Judgments Sec. 677, at 1429-30 (5th ed. 1925); see Baltimore S.S., 274 U.S. at 319, 47 S.Ct. at 602. We refer to this strand of former adjudication as "issue preclusion." See Restatement (Second) of Judgments Sec. 17 comment c (1982).
Closely related to the doctrines of claim and issue preclusion is the doctrine of "law of the case." This is a
rule of practice under which a rule of law enunciated by a federal court "not only establishes a precedent for subsequent cases under the doctrine of stare decisis, but [also] establishes the law which other courts owing obedience to it must, and which it itself will, normally, apply to the same issues in subsequent proceedings in the same case."
Morrow v. Dillard, 580 F.2d 1284, 1289 (5th Cir.1978) (quoting 1B J. Moore, Moore's Federal Practice p 0.404 (2d ed. 1974) (footnotes omitted)) (emphasis in original). While the law of the case does not bar litigation of issues "which might have been decided but were not," id. at 1290, it does require a court to follow what has been decided explicitly, as well as by necessary implication, in an earlier proceeding, id. The distinction between law of the case and claim preclusion is that the former bars relitigation of legal rules while the latter bars relitigation of claims (i.e., legal rules applied to the facts of the case). In addition, law of the case bars only those legal issues that were actually, or by necessary implication, decided in the former proceeding, while claim preclusion bars relitigation not only of claims raised but also claims that could have been raised. Id. Law of the case differs from issue preclusion in that the former applies only to proceedings within the same case, while the latter applies to proceedings in different cases.
In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc), this court adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981
All creditors of a debtor are parties in interest. See 8 Collier on Bankruptcy p 3020.04 (15th ed. 1989). A "creditor" is an "entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor." 11 U.S.C. Sec. 101(9)(A). A "claim" for the purposes of the Code means any "right to payment, whether or not such right is ... fixed, contingent, matured, [or] unmatured." Id. Sec. 101(4)(A). Obviously, the Wallises had a "claim," albeit a contingent or unmatured claim, which, in turn, made them "creditors" of Justice Oaks and thus "parties in interest" to the confirmation proceeding
We reach this conclusion even though the Wallises did not have an allowable claim against Justice Oaks and could not request equitable subordination or imposition of an equitable lien. As we note above, neither Park Bank nor the FDIC had foreclosed on the loan to Justice Oaks. Thus, the Wallises have never become liable on their guarantee and, at most, could only speculate as to the amount of their liability should the FDIC foreclose and attempt to sell the guest house and administration building. Under the Bankruptcy Code, "the court shall disallow any claim for reimbursement or contribution of an entity that ... has secured the claim of a creditor, to the extent that ... such claim for reimbursement or contribution is contingent as of the time of allowance or disallowance of such claim for reimbursement or contribution." 11 U.S.C. Sec. 502(e)(1)
Because the Wallises did not, and still do not, have an allowable claim, they could not request equitable subordination of Allegheny's claim to their own. See 11 U.S.C. Sec. 510 ("the court may[,] ... under principles of equitable subordination, subordinate for purposes of distribution all or part of an allowed claim to all or part of another allowed claim " (emphasis added)). Nor could the Wallises request imposition of an equitable lien since "there has to be a debt before you can ... impose a lien," see Flowers v. Miskoff, 233 So.2d 201, 205 (Fla.Dist.Ct.App.1970). The Wallises have never been indebted to anyone, nor has anyone been indebted to the Wallises.
All of this simply means that the Wallises' adversary complaint is premature and would normally be dismissed for that reason. This does not mean, however, that the Wallises could not object to confirmation of the plan and become parties to the confirmation proceeding. As we note in the text, any party in interest may object to confirmation. Although neither the Bankruptcy Code nor the rules define party in interest, it is clear that an allowable claim is not a necessary element of such a party's interest. Cf. 8 Collier on Bankruptcy, supra p 3020.04. As we explain in the text, the Wallises did have a sufficient interest in the estate to qualify them as parties in interest. Therefore, the Wallises could become bound by the court's order confirming the plan even though they had no allowable claim at the time.
Finally, we note that the bankruptcy court's order confirming the plan did not resolve pure legal issues; instead, it determined "claims." Claim preclusion, rather than law of the case, is therefore the proper doctrine under which to analyze that order
The court based its decision to overrule the objection on the law of the case as established by its order authorizing settlement. As we note earlier, however, that order was not a final judgment on the merits and therefore had no preclusive effect. See supra at 1548-1550. Thus, the court's decision to overrule the objection to confirmation might have been erroneous. Nevertheless, assuming all other necessary elements are present, an erroneous former judgment from which no appeal is taken may still have full preclusive effect. See North Carolina R.R. v. Story, 268 U.S. 288, 292, 45 S.Ct. 531, 533, 69 L.Ed. 959 (1925)
As we state above, see supra note 6, the adversarial complaint could also have been dismissed because the claims made in it were premature. Thus, there were alternative grounds for dismissing the complaint: (1) the claims made were based on issues that were barred from relitigation by the order confirming the plan, and (2) the claims made were premature. Both the district court and the bankruptcy court relied on the first alternative, and we find no fault in their doing so. We therefore base our decision as well on that alternative, while noting that, had there been no claim preclusion, we nevertheless would have affirmed the dismissal on the second alternative
Section 506(a) provides that when a creditor files proof of a secured claim, the value of a creditor's interest in the estate "shall be determined ... in conjunction with any hearing ... on a plan affecting such creditor's interest." 11 U.S.C. Sec. 506(a)
This result is proper even though the bankruptcy court set a bar date for filing objections after confirmation of the plan. The Wallises argue that because they complied with the court's bar date their objection must be timely. We are not persuaded. The bankruptcy court certainly has discretion to set a bar date, but the bar established by confirmation of a plan arises from provisions of the Bankruptcy Code and cannot be overridden by the court. Therefore, a bankruptcy court may not establish a bar date for objections based on misclassification of claims after confirmation of the plan


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Affiliate Marketing Update: Is the Travel Niche Alive?
Did you know that the tourism industry generated almost 9 trillion US dollars in 2019? Even today, it's estimated that the tourism vertical accounts for 9% of all jobs, which basically means that one in every ten people relies on this industry for a living. Unfortunately, the revenue of the tourism sector substantially dropped in 2020, a decrease that was mostly due to lockdowns and other measures imposed due to the COVID-19 health crisis.
The above has led many affiliates and other stakeholders to believe that the tourism industry is no longer alive. However, at ActiveRevenue, we work closely with some of the leading tourism publishers and advertisers, so we're very familiar with the current health and future projections of this vertical.
Below, we'll detail the impact that COVID-19 has had on the tourism industry. Additionally, we'll also answer the question "is the tourism industry still alive?" and offer insights into how the pandemic has changed the vertical forever.
The Impact of COVID-19 on the Travel Industry
Before delving any deeper, let's take a closer look to truly understand the impact of COVID on the tourism industry.
The main way the tourism industry makes money is by selling goods to, you guessed it, tourists. However, since the beginning of the pandemic, leisure travel has been brought to a complete halt. To put it in perspective, in 2019 the US hosted more than 80 million international tourists. In 2020, that number decreased by more than 75% to 19.45 million individuals from overseas.
What does this mean? Above all else, it means that the only way the tourism industry will return to anything close to what it used to be, tourists need to be able to move with relative freedom across international borders.
See also Landing Page Optimization Tips: 6 Techniques to Help Improve Conversions
In the Affiliate Travel Niche Still Alive?
Let's be clear about this. The travel niche may be dormant, but it's definitely still alive and kicking.
As a matter of fact, leading market researchers believe that 2021 will mark the first year of a massive bounceback of the vertical. Early signs, like the US averaging more than 2 million air travelers per day now, are extremely positive, show a lot of promise, and pave a clear way to recovery.
With the above in mind, it will likely be a few years for the vertical to return to its pre-pandemic, perpetual-blossoming state. But, this doesn't mean that affiliates and other stakeholders need to hold off until then. Savvy players can start taking action today and be among the first to usher the industry back into its righteous status.
Let's take a look at some of the elements that advertisers and other stakeholders need to consider when coming back to the tourism vertical.
Monitor Case Loads in Different Countries
Countries that have a low or manageable number of cases will be among the main drivers behind the return of the tourism industry. It's safe to assume that these GEOs will be the first to allow unrestricted international travel, so they will also offer the best opportunities for industry stakeholders.
Focus on Domestic Travel in Countries With Almost Zero Cases
Almost all countries that have near-zero cases are encouraging their citizens to take domestic holidays in order to avoid COVID-related setbacks.
This is a great opportunity for the affiliate space as domestic travel has always taken the backseat to its international counterpart. Affiliate stakeholders can successfully focus on domestic travel programs and campaigns as long as they work with GEOs that have a low chance of returning to strict lockdowns.
See also Monetizing Your Blog: How Can You Generate Profit From Your Content?
Improve the Customer Journey
The tourism and travel industry has always focused on empowering users to take control of their holidays. But, from now on, businesses in this sector need to be more hands-on, and for good reason. Since the pandemic began, hundreds of countries have implemented requirements without following a global standard.
This means that you need to rethink the ideal customer journey and retool your efforts based on a new model where consumers receive more guidance, resulting in higher trust levels and a better overall experience.
How Will the Travel Industry Change By the End of the Pandemic
Now, let's take a look at how the travel industry has been permanently transformed by the COVID-19 pandemic.
Since the beginning of the pandemic, content like videos of dolphins venturing into unused city canals have sparked a huge interest in environmental issues and sustainability. The concept of a tourist is following a similar trajectory, so many expect travelers to demand more sustainable amenities (and for tourism businesses to provide these).
2. Inclusive Journeys
While the pandemic has taken over most headlines since early 2020, the global social justice and equality movement has also become one of the major storylines of the last 24 months. The tourism industry should adapt accordingly, so don't be surprised to see journey planning and promotions that follow all-inclusive themes.
3. Alternative Travel Methods
Vans, electric-powered motorhomes, and other alternative leisure transportation methods were already gaining steam ahead of the global health crisis. Since most countries have limited international travel at one point or another, the alternative travel segment has experienced exponential growth. This boost has been mainly fueled by consumers who still want to have a memorable holiday despite the fact that they can't travel internationally.
See also The Affiliate Marketer's Quick Guide to Halloween Campaigns
Want to Monetize Travel Traffic? ActiveRevenue Is Here to Help
Ready to monetize your travel traffic? Get in touch with our team at ActiveRevenue and we'll be glad to help.
7 Advanced Targeting Tips for a Successful Affilia
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DSPs Explained: Comparing Full-Service vs. Self-Se
See also What COVID-Proof Verticals Should You Target in 2021?

redpajama_set_name: RedPajamaCommonCrawl


text:
New MOT laws come into effect this month - here is how to make sure your car passes
The biggest change to the law in five years is coming into effect
This month sees a number of changes made to the MOT test in the United Kingdom in the first major overhaul in five years.
It means that it will be easier for your car to fail its MOT than before, with new categories of 'Minor', 'Major' and 'Dangerous' coming into effect.
The new rules will impact all cars and have been introduced in order to comply with the European Union's Roadworthiness Package.
And it means that any car owners whose MOTs are marked as Major or Dangerous will automatically fail the test.
There is also set to be a crackdown on any warning lights, with any dashboard light which shows up during the test resulting in failure too.
Another change is whether you can drive your car home from the test centre if it has failed, something you could do under the old system, provided the vehicle was deemed roadworthy and the MOT was still valid.
Here is your guide to the new MOT, as compiled by Birmingham Live .
This is how much money bus lanes in Bath make council
What are the new fault categories?
One of the biggest edits to the MOT test is the way faults are classified.
The categorisations are Dangerous, Major, and Minor.
What's the difference between them?
Drivers face tougher sanctions if caught driving having failed an MoT under new laws
Minor issues are recorded, and the owner advised to get them fixed – but the car will still pass its test. These faults will also be added to the car's MOT certificate and online record.
Anything resulting in a Dangerous or Major classification will mean an immediate fail.
A Minor issue would be a problem such as oil leaking from a steering box. However, this would escalate to a Major if the leak was so bad as to be dripping.
What is the focus on diesel cars for?
Any vehicle older than three years old must pass an MOT to be allowed on the road (Image: Getty Images)
A crackdown on diesel car emissions is evident in the new test. If your diesel car puts out any smoke whatsoever, it won't pass its MOT examination.
Testers are also being told to do thorough checks of a car's DPF (Diesel Particulate Filter) to ensure that they haven't been tampered with – or removed entirely. The guidelines read that: "Any vehicles fitted with a DPF should be checked so that 'no visible smoke is emitted from the exhaust during the metered check'."
Some diesel drivers remove the filter to boost performance and increase miles-per-gallon, but since it regulates the exhaust gases produced by the engine, this isn't the most ecological option.
It means that if a car was fitted with a DPF as standard, its removal would mean an instant MOT fail.
Since some drivers remove the internals of the DPF but keep the housing in place, testers are also being asked to check for tampering. That means that if there is any sign that the DPF has been disassembled and then welded back together, the car will fail the test.
Are there any other changes?
The new MoT laws come into effect this week (Image: Getty Images)
Testers are now asked to check whether or not brake discs are worn or corroded, while they must also ensure that they are properly attached to the wheel hubs too.
Another example of a Minor fault is if a brake hose is slightly damaged. However, if it is excessively damaged or twisted, it'll mean a Major fault – and will cause the car to fail.
Mobile speed camera locations for Somerset for week commencing Monday, April 30
What is being said about the changes?
There have been calls for the Government to simplify the way the MOT test is conducted.
RAC spokesman Simon Williams said: "The new system creates the potential for confusion as testers will have to make a judgement as to whether faults are 'Dangerous', 'Major' or 'Minor'.
"This will surely be open to interpretation which may lead to greater inconsistency from one test centre to another.
"Motorists may also struggle to understand the difference between 'Dangerous' and 'Major' failures. The current system ensures that any vehicle with a fault that doesn't meet the MOT requirements is repaired appropriately before being allowed back on the road."
A spokesperson for scrapcarcomparison.co.uk added: "It's amazing how many drivers fail before they even set foot in the testing centres.
"Dirty number plates, warning lights these can easily be given attention and many of the problems are basic maintenance. Poor car hygiene is a common factor and can also lead to health issues."
Want news straight to your phone?
Somerset Live has launched a WhatsApp group to help you keep up to date with the latest news from across the county. If you'd like to receive breaking news alerts, text NEWS to 07834 893492. Then add the number to your phone contacts book as 'Somerset Live'. We will send you a maximum of four messages a day. Your phone number won't be shared with other members of the group or be used for any other purpose.
SherborneTown centre road closed by police as firefighters tackle underground fire - live updatesIt is not known when the road will reopen
YeovilTeenager jailed for stabbing Yeovil woman with kitchen knife in unprovoked attackThe 18-year-old returned to the scene and pretended to help the victim after he had stabbed her
TransportWest Country man suggests commuters should refuse to pay fares after train price increaseFrom January 2, millions of commuters had to put up with having to pay an average of 2.7 per cent more for train tickets
SomersetSomerset nursery for children under-four confirms case of scarlet fever
A further outbreak of the illness has occurred at the start of the year


text:
By Anna Weber
In fall 2019, I moved from Minnesota to Washington, DC to attend George Washington University. My one and only pre-COVID semester was a rollercoaster in many respects, but in one of my classes, I found myself doing intense research on an environmental phenomenon called acid mine drainage. It's something I'd never heard of, but it's representative of the dangers of fossil fuels, and I think more people should know about it.
When coal mining began in Appalachia and western Maryland at the advent of the Industrial Revolution, there was little regard for the environment (as was the case with many practices back then). Early on, I found a book about the history of western Maryland, published in 1882. It was my first book request at the school library — three thousand pages, in two volumes, the latter of which I had to request from another school.
The first volume was enlightening. Nowadays, we often describe environmental damage using language with negative connotations (as one should). But back then, someone described the runoff as "a little stream with yellow waters."[i] In those days, people really had no idea what they were doing to the environment.
Mining runoff, and specifically acid mine drainage, occurs when metals associated with abandoned coal mines oxidize, dissolve into the water, and eventually incorporate into the sediment.
Part of the beautiful Chesapeake Bay we have to work hard to protect
Importantly, this drainage also turns the water acidic (hence the name acid mine drainage), and gives it a bright orange color.
As Maryland and the Chesapeake became more urbanized, the number of places for mining runoff to drain has decreased because concrete can't absorb water. The "yellow waters" that have persisted since coal companies abandoned their mine lands have no choice but to drain into the tributaries that drain into the Susquehanna and the Potomac's north branch; those rivers drain to the already endangered Chesapeake Bay.
This phenomenon is clearly problematic for the Chesapeake Bay as a whole, but also causes real damage to the land surrounding the smaller tributaries.
It can even reduce housing prices nearby by around 12.2 percent.[ii] Acidic, orange water is obviously an issue for communities near these water bodies. The water is not drinkable, nor can it be used for recreation. It also kills the local wildlife and inhibits the reproduction of important species such as the brook trout in Maryland.[iii]
Through my research, I also learned about attempts to abate the acid mine drainage in the Chesapeake specifically. I thought I had found a river which would have been perfect, but it drained west, nowhere near the Chesapeake. I then came across a report by the Chesapeake Bay Program entitled "Acid Mine Drainage to the Chesapeake Bay Watershed – Literature Synthesis," which was exactly the type of document I needed! However, the website didn't have the report attached, just an EPA report number. Turns out, the report was technically at the EPA library in Philadelphia; I freaked out briefly, wondering how on earth I was supposed to get the paper, but then I remembered that that's why I have access to a research library. GW was able to pull it online for me, and this would also be the last of my research hiccups. In hindsight, they're quite humorous and feel very representative of a first attempt at a research paper in undergrad.
An example of the brook trout; they are an indicator species, meaning that they can help show the overall health of a water body
This paper helped me learn about the actual solutions for acid mine drainage, as there are several. The first is a neutralizing agent, such as lime. When you put it in the acidic water, it solidifies (precipitates) the heavy metals, and makes it so that you can actually remove the metals that are causing the drainage.
Another solution is reclamation, which attacks the drainage at its source: the mine. Reclamation basically means that you're restoring the original mining land to the point where it looks like the mine was never there.
These projects have proven to be wildly successful, turning old mine lands into recreational spaces and stopping the runoff at the same time. That being said, reclamation and neutralization are expensive, but are now eligible for federal grants because of the Surface Mining Control and Reclamation Act of 1977. Basically, this law taxes coal production and uses that money to mitigate the lasting effects of mining. The legislation is by no means perfect and has some enforcement issues, but at the state level, agencies like the Maryland Department of the Environment have been able to put that money to good use, and one study has shown that the abatement measures have restored the aforementioned brook trout population in some tributaries.[iv] In short, this issue is being tackled quite well through an effective federal-state partnership program.
Yet it brings to mind the larger question: What could we have been doing if we didn't have to spend so much time and money cleaning up neon-bright orange pollution from our rivers over the past century?
The presence of acid mine drainage I feel like is only further proof that we need to phase out coal as energy (which disproportionately hurts predominantly Black communities like Brandywine, MD!) and continue to work to heal the natural areas that we so desperately need to protect.
What's more, all this just goes to show how decisions we make now have incredible implications for future generations — just like mining in the 1880s has had for us. Western Maryland is also where gas companies now want to frack, so we should do everything we can to try and stop it.
This is why CCAN is putting forth the Maryland No New Fossil Fuels campaign, pushing bills for greenhouse gas reduction, and a Maryland Climate Stimulus for coronavirus recovery (sign that petition here). Through my internship this semester at CCAN, I've found that it's more possible than you might think to make a more livable planet in the future, and that it's actually possible to pass sweeping legislation when you have strong organizers and volunteers. I'm grateful to have made a difference and look forward to continuing my involvement in the environmental community in the future.
[i] Scharf, J. T. (1882). History of western Maryland Being a history of Frederick, Montgomery, Carroll, Washington, Allegany, and Garrett counties from the earliest period to the present day; Including biographical sketches of their representative men. Philadelphia, PA: L.H. Everts.
[ii] Williamson, J. M., Thurston, H. W., & Heberling, M. T. (2008). Valuing acid mine drainage remediation in West Virginia: A hedonic modeling approach. Annal Regional Science, 482, 987-999.
[iii] Sell, M. T., Heft, A. A., Kazyak, D. C., Hilderbrand, R. H., & Morgan, R. P., II. (2014). Short-term and seasonal movements of brook trout in the upper Savage River watershed, Garrett County, Maryland. Wild Trout Symposium XI–Looking Back and Moving Forward, pp. 357-362.
[iv] Loucks, C., & Shanks, K. (2014, August). Mitigating acid mine drainage improves pH levels in Aaron Run (EPA 841-F-14-001UU). United States Environmental Protection Agency.


text:
Badakhshan: Wakhan
Bamyan: Band-E-Amir
Eastern Forests
Marco Polo Sheep
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Community Natural Resource Governance
Education Training and Outreach
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Search WCS.org
WCS Afghanistan
WCS Afghanistan Menu
Photo Credit: © WCS Afghanistan
The Wildlife Conservation Society (WCS) has been working in Afghanistan since 2004, beginning with wildlife surveys conducted by Dr. George Schaller. In 2006 WCS received funding from the US Agency for International Development (USAID) for a comprehensive project entitled. "Biodiversity Conservation and Natural Resource Management" in Afghanistan. In 2010, USAID funded a three-year follow-on project entitled, "Improving Livelihoods and Governance through Natural Resource Management in Afghanistan." The goal of the WCS Afghanistan Program is to enhance rural livelihoods by improving the scarce and valuable natural resources, with a particular emphasis on preserving Afghanistan's unique biological diversity. Our work is focused in the provinces of Bamyan and Badakhshan, with a parallel-running program investigating the health of Afghanistan's ecosystems, and a national capacity-building component in Kabul. A subsequent one-year, no-cost extension has been provided by USAID to allow WCS to continue implementing its work in 2014.
In a country where 80% of the people depend economically on the natural resource base for their survival, and with an environment that has been badly degraded through 30 years of conflict, WCS Afghanistan sees sustainable resource management as key to improving livelihoods and providing long-term stability for Afghanistan. The most urgent threats to the country's fragile environment currently include over-hunting, deforestation, dry land farming, water diversion, over-grazing, land encroachment and climate change. An ever-growing human population and overall poverty adds further pressure, with impoverished men and women seeing no option but to continue using up valuable resources in order to survive. WCS and our partners in Afghanistan also face the challenge of limited technical capacity at both the community and government level to implement sustainable resource management projects. This is further complicated by weak linkages between these local communities and government institutions so that the reach and rule of law across the country is often compromised.
WCS's work in Afghanistan is cross-cutting and concentrated around five major pillars:
1. The creation of community governance institutions;
2. Facilitation of community livelihood development;
3. Building of capacity to manage the health interface between livestock, wildlife and humans;
4. Strengthening of laws, policies and institutions; and
5. Development of technical capacity for natural resource management at all levels.
Since 2006, WCS has helped Afghanistan implement their first biodiversity assessments in over 30 years, creating a critically-needed baseline for sustainable resource management decisions. The status of rangelands are continually assessed and key focal species for wildlife surveys include the snow leopard, a range of high-altitude and wetland bird species and mountain ungulates such as the Marco Polo sheep, ibex, urial and markhor. Socioeconomic surveys have also been conducted among men and women in Wakhi and Kyrgyz communities in the remote north. These biological and demographic data helped WCS to conduct an intensive analysis of Afghanistan's biodiversity, the results of which have been used by the Government to prioritize certain protected areas. This prioritization was organized through the National Protected Area System Plan, whereby WCS assisted the Government in systematically planning for a physical network and creating the necessary legal, financial, management and development system practices required for the sustainable operation of that network. One of the major successes of the program to-date was the creation of Afghanistan's first-ever officially protected area – Band-e-Amir National Park in 2009.
WCS Afghanistan has facilitated the drafting of a suite of new environmental policies aimed at creating the country's rule of law on natural resource management; another success for Afghanistan was the country's first official Protected Species List declared in 2009. The government's reach has also been extended through WCS developing community-based governance institutions and technical tools in over 55 communities across rural Afghanistan, and then linking these institutions to the central government. Throughout our work, we have also trained more than 10,000 Afghans at the local and national levels in the skills necessary to enact sustainable resource management.
As a direct result of our Afghan program, in particular the ranger patrolling and wildlife, rangeland and community initiatives, over 1.2 million hectares in strategic watersheds are now under improved natural resource management across Afghanistan.
Copyright 2007-2021 by Wildlife Conservation Society
WCS, the "W" logo, WE STAND FOR WILDLIFE, I STAND FOR WILDLIFE, and STAND FOR WILDLIFE are service marks of Wildlife Conservation Society.
Address: 2300 Southern Boulevard Bronx, New York 10460 | (718) 220-5100


Posted at 5:16 pm on January 15, 2013 by Brett T.
As Twitchy reported, New York's state senate late last night voted to pass a set of sweeping new gun regulations that one senator called "the toughest gun control package in the nation." Wasting no time, today the New York State Assembly approved the package by a 104-43 vote and immediately passed it along to Gov. Andrew Cuomo for his signature.
The New York State Assembly, after more than four hours of debate, approves new gun laws by a vote of 104 to 43.
@NYGovCuomo: "this is not about banning guns, I am a gun owner"
The legislation expands the state's assault weapons ban and prohibits semiautomatic pistols and rifles "with detachable magazines and one military-style feature, as well as semiautomatic shotguns with one military-style feature." Citizens who already own guns prohibited by the new law will be required to register them with the state. The legislation also includes a so-called "Journal News" clause allowing citizens to opt out of having their status as gun permit holders publicized.
Cuomo signed the bill at an afternoon ceremony attended by several mayors from across the state, including New York City Mayor Michael Bloomberg.
Cuomo bill signing ceremony underway. Lawmakers and a number of law enforcement officials are here.
"Common sense can win," Cuomo says. "You can overpower the extremists with intelligence and with reason."
In the capital, @NYGovCuomo: "Common sense can win. Good people can win. Government can work." Then signs USA's toughest gun law.
No debate, passed and signed in < 24 hrs. RT: @feliciasonmez: RT @thomaskaplan: .@NYGovCuomo has signed the gun control bill into law.
That was fast. Now @GovernorOMalley playing catch-up. RT@thomaskaplan: .@NYGovCuomo has signed the gun control bill into law.
Critics of the package weren't so impressed with the speed of its passage.
Cuomo negotiated bill behind closed doors with no opportunity 4 contents 2b vetted by public or even senators who first voted on the bill.
@NYGovCuomo signs NY Safe Gun Control Bill. That means New Yorkers can't go anymore to Virginia or New Jersey to buy them?
@NYCMayorsOffice @NYGovCuomo @SenatorSkelos @JeffKleinNY GUN LAWS DO NOT STOP GUN VIOLENCE!! YOU AREN'T PROTECTING ANYONE!!
@NYGovCuomo awesome now no criminal will ever have a gun.


text:
Q: Using IF to return cell contents in Google Sheets
Edit for clarity:
The end result that I'm looking for will pass the name picked from the dropdown list in B1 into formulas below to check if each student has completed the training modules listed. The two sheets I'm looking at (for now) are 'Data' and 'Quick Reference' the rest are just placeholders.

I've looked and not found an answer so apologies if this has been asked before!
I'm trying to write a formula that will check form results and if it finds a match, return the contents from another column in that row.
The logical IF function works fine with hard coded entries, but not with cell contents.
So if I'm looking for "Deckhand USS Minnow I" I want to show the contents of Column H. Look on the Data and Quick Reference (Training Progress) tabs to see what I'm talking about.
This works:
=IF(((VLOOKUP($B1,Data!C2:J20,4)="Build Coconut Phone I")),"Yes", "No")

This doesn't:
=IF(((VLOOKUP($B1,Data!C2:J20,4)="Deckhand USS Minnow IV")),Data!H2:H20)

Google spreadsheet

A: Short answer
Use QUERY() instead of IF(Vlookup(),)
=QUERY(Data!C1:J20,"Select H where F = 'Deckhand USS Minnow IV'",1)

Explanation
While could be possible to use an array formula using IF and VLOOKUP,  QUERY() does the work in a direct and simple way.
The formula in the short answer will include the column heading. If you don't want it use
=QUERY(Data!C2:J20,"Select H where F = 'Deckhand USS Minnow IV'",0)

References

*

*QUERY - Google Docs editors Help

redpajama_set_name: RedPajamaStackExchange


text:
Q: How to group documents by matching array elements with MapReduce in MongoDB? I have a database with a column containing an array of strings. Example table:
name | words                          | ...
Ash  | ["Apple", "Pear", "Plum"]      | ...
Joe  | ["Walnut", "Peanut"]           | ...
Max  | ["Pineapple", "Apple", "Plum"] | ...

Now I would like to match this table against a given array of words and group the documents by their matching rate.
Example input with expected result:
// matched for input = ["Walnut", "Peanut", "Apple"]
{
  "1.00": [{name:"Joe", match:"1.00"}],
  "0.33": [{name:"Ash", match:"0.33"}, {name:"Max", match:"0.33"}]
}

I am using the following map function emitting the document with the matching rate as the key:
function map() {
    var matches = 0.0;
    for(var i in input)
      if(this.words.indexOf(input[i]) !== -1) matches+=1;
    matches /= input.length;
    var key = ""+matches.toFixed(2);
    emit(key, {name: this.name, match: key});
}

Now missing is a matching reduce function to combine the emitted KV pairs into the result object.
I have tried it like this:
function reduce(key, value) {
    var res = {};
    res[key] = values;
    return res;
}

However I have trouble with the specification that

MongoDB can invoke the reduce function more than once for the same
  key. In this case, the previous output from the reduce function for
  that key will become one of the input values to the next reduce
  function invocation for that key.

...resulting in nested result objects. What is the correct way to group documents by their match?

A:
invoke the reduce function more than once for the same key.

That's idempotence, and the reduce function must respect that.
But, to make this simple, you just have to make sure the map output is in the same format as the reduce one.
For your case, something like this will work:
db.col.insert({"name": "Ash", "words": ["Apple", "Pear", "Plum"]})
db.col.insert({"name": "Joe", "words": ["Walnut", "Peanut"]})
db.col.insert({"name": "Max", "words": ["Pineapple", "Apple", "Plum"]})

function map() {

    input = ["Walnut", "Peanut", "Apple"]

    var matches = 0.0;
    for(var i in input)
      if(this.words.indexOf(input[i]) !== -1) matches+=1;
    matches /= input.length;
    var key = ""+matches.toFixed(2);

    emit(key, {users: [{name: this.name, match: key}]});
}

function reduce(key, value) {

    ret = value[0]

    for(var i=1; i<value.length; i++){
        ret.users = ret.users.concat(value[i].users)
    }

    return ret

}

db.col.mapReduce(map, reduce, {"out": {inline:1}})

Output:
{
    "results" : [
        {
            "_id" : "0.33",
            "value" : {
                "users" : [
                    {
                        "name" : "Ash",
                        "match" : "0.33"
                    },
                    {
                        "name" : "Max",
                        "match" : "0.33"
                    }
                ]
            }
        },
        {
            "_id" : "0.67",
            "value" : {
                "users" : [
                    {
                        "name" : "Joe",
                        "match" : "0.67"
                    }
                ]
            }
        }
    ],
    "timeMillis" : 22,
    "counts" : {
        "input" : 3,
        "emit" : 3,
        "reduce" : 1,
        "output" : 2
    },
    "ok" : 1
}


text:
#include <stdio.h>
#include <stdlib.h>
#include <ctype.h>
#include <unistd.h>
#include <string.h>
#include <errno.h>
#include <stdint.h>

#include <sys/types.h>
#include <sys/socket.h>
#include <netinet/in.h>
#include <arpa/inet.h>
#include <pcap.h>

#ifdef HAVE_CONFIG_H
#include "config.h"
#endif

#include "u2boat.h"

#define FAILURE -1
#define SUCCESS 0

#define PCAP_MAGIC_NUMBER 0xa1b2c3d4
#define PCAP_TIMEZONE 0
#define PCAP_SIGFIGS 0
#define PCAP_SNAPLEN 65535
#define ETHERNET 1
#define PCAP_LINKTYPE ETHERNET
#define MAX_U2RECORD_DATA_LENGTH 65536

static int ConvertLog(FILE *input, FILE *output, char *format);
static int GetRecord(FILE *input, u2record *rec);
static int PcapInitOutput(FILE *output);
static int PcapConversion(u2record *rec, FILE *output);

static int ConvertLog(FILE *input, FILE *output, char *format)
{
    u2record tmp_record;

    /* Determine conversion function */
    int (* ConvertRecord)(u2record *, FILE *) = NULL;

    /* This will become an if/else series once more formats are supported.
     * Callbacks are used so that this comparison only needs to happen once. */
    if (strncmp(format, "pcap", 4) == 0)
    {
        ConvertRecord = PcapConversion;
    }

    if (ConvertRecord == NULL)
    {
        fprintf(stderr, "Error setting conversion routine, aborting...\n");
        return FAILURE;
    }

    /* Initialize the record's data pointer */
    tmp_record.data = malloc(MAX_U2RECORD_DATA_LENGTH * sizeof(uint8_t));
    if (tmp_record.data == NULL)
    {
        fprintf(stderr, "Error allocating memory, aborting...\n");
        return FAILURE;
    }

    /* Run through input file and convert records */
    while ( !(feof(input) || ferror(input) || ferror(output)) )
    {
        if (GetRecord(input, &tmp_record) == FAILURE)
        {
            break;
        }
        if (ConvertRecord(&tmp_record, output) == FAILURE)
        {
            break;
        }
    }
    if (tmp_record.data != NULL)
    {
        free(tmp_record.data);
        tmp_record.data = NULL;
    }
    if (ferror(input))
    {
        fprintf(stderr, "Error reading input file, aborting...\n");
        return FAILURE;
    }
    if (ferror(output))
    {
        fprintf(stderr, "Error reading output file, aborting...\n");
        return FAILURE;
    }

    return SUCCESS;
}

/* Create and write the pcap file's global header */
static int PcapInitOutput(FILE *output)
{
    size_t ret;
    struct pcap_file_header hdr;

    hdr.magic = PCAP_MAGIC_NUMBER;
    hdr.version_major = PCAP_VERSION_MAJOR;
    hdr.version_minor = PCAP_VERSION_MINOR;
    hdr.thiszone = PCAP_TIMEZONE;
    hdr.sigfigs = PCAP_SIGFIGS;
    hdr.snaplen = PCAP_SNAPLEN;
    hdr.linktype = PCAP_LINKTYPE;

    ret = fwrite( (void *)&hdr, sizeof(struct pcap_file_header), 1, output );
    if (ret < 1)
    {
        fprintf(stderr, "Error: Unable to write pcap file header\n");
        return FAILURE;
    }
    return SUCCESS;
}

/* Convert a unified2 packet record to pcap format, then dump */
static int PcapConversion(u2record *rec, FILE *output)
{
    Serial_Unified2Packet packet;
    struct pcap_pkthdr pcap_hdr;
    uint32_t *field;
    uint8_t *pcap_data;
    static int packet_found = 0;

    /* Ignore IDS Events. We are only interested in Packets. */
    if (rec->type != UNIFIED2_PACKET)
    {
        return SUCCESS;
    }

    /* Initialize the pcap file if this is the first packet */
    if (!packet_found)
    {
        if (PcapInitOutput(output) == FAILURE)
        {
            return FAILURE;
        }
        packet_found = 1;
    }

    /* Fill out the Serial_Unified2Packet */
    memcpy(&packet, rec->data, sizeof(Serial_Unified2Packet));

    /* Unified 2 records are always stored in network order.
     * Convert all fields except packet data to host order */
    field = (uint32_t *)&packet;
    while(field < (uint32_t *)packet.packet_data)
    {
        *field = ntohl(*field);
        field++;
    }

    /* Create a pcap packet header */
    pcap_hdr.ts.tv_sec = packet.packet_second;
    pcap_hdr.ts.tv_usec = packet.packet_microsecond;
    pcap_hdr.caplen = packet.packet_length;
    pcap_hdr.len = packet.packet_length;

    /* Write to the pcap file */
    pcap_data = rec->data + sizeof(Serial_Unified2Packet) - 4;
    pcap_dump( (u_char *)output, &pcap_hdr, (u_char *)pcap_data );

    return SUCCESS;
}

/* Retrieve a single unified2 record from input file */
static int GetRecord(FILE *input, u2record *rec)
{
    uint32_t items_read;
    static uint32_t buffer_size = MAX_U2RECORD_DATA_LENGTH;
    uint8_t *tmp;

    if (!input || !rec)
        return FAILURE;

    items_read = fread(rec, sizeof(uint32_t), 2, input);
    if (items_read != 2)
    {
        if ( !feof(input) ) /* Not really an error if at EOF */
        {
            fprintf(stderr, "Error: incomplete record.\n");
        }
        return FAILURE;
    }
    /* Type and Length are stored in network order */
    rec->type = ntohl(rec->type);
    rec->length = ntohl(rec->length);

    /* Read in the data portion of the record */
    if (rec->length > buffer_size)
    {
        tmp = malloc(rec->length * sizeof(uint8_t));
        if (tmp == NULL)
        {
            fprintf(stderr, "Error: memory allocation failed.\n");
            return FAILURE;
        }
        else
        {
            if (rec->data != NULL)
            {
                free(rec->data);
            }
            rec->data = tmp;
            buffer_size = rec->length;
        }
    }
    items_read = fread(rec->data, sizeof(uint8_t), rec->length, input);
    if (items_read != rec->length)
    {
        fprintf(stderr, "Error: incomplete record. %d of %u bytes read.\n",
                items_read, rec->length);
        return FAILURE;
    }

    return SUCCESS;
}

int main (int argc, char *argv[])
{
    char *input_filename = NULL;
    char *output_filename = NULL;
    char *output_type = NULL;

    FILE *input_file = NULL;
    FILE *output_file = NULL;

    int c, i, errnum;
    opterr = 0;

    /* Use Getopt to parse options */
    while ((c = getopt (argc, argv, "t:")) != -1)
    {
        switch (c)
        {
            case 't':
                output_type = optarg;
                break;
            case '?':
                if (optopt == 't')
                    fprintf(stderr,
                            "Option -%c requires an argument.\n", optopt);
                else if (isprint (optopt))
                    fprintf(stderr, "Unknown option -%c.\n", optopt);
                return FAILURE;
            default:
                abort();
        }
    }

    /* At this point, there should be two filenames remaining. */
    if (optind != (argc - 2))
    {
        fprintf(stderr, "Usage: u2boat [-t type] <infile> <outfile>\n");
        return FAILURE;
    }

    input_filename = argv[optind];
    output_filename = argv[optind+1];

    /* Check inputs */
    if (input_filename == NULL)
    {
        fprintf(stderr, "Error: Input filename must be specified.\n");
        return FAILURE;
    }
    if (output_type == NULL)
    {
        fprintf(stdout, "Defaulting to pcap output.\n");
        output_type = "pcap";
    }
    else
    {
        for (i = 0; i < (int)strlen(output_type); i++)
            output_type[i] = tolower(output_type[i]);
    }
    if (strcmp(output_type, "pcap"))
    {
        fprintf(stderr, "Invalid output type. Valid types are: pcap\n");
        return FAILURE;
    }
    if (output_filename == NULL)
    {
        fprintf(stderr, "Error: Output filename must be specified.\n");
        return FAILURE;
    }

    /* Open the files */
    if ((input_file = fopen(input_filename, "r")) == NULL)
    {
        fprintf(stderr, "Unable to open file: %s\n", input_filename);
        return FAILURE;
    }
    if ((output_file = fopen(output_filename, "w")) == NULL)
    {
        fprintf(stderr, "Unable to open/create file: %s\n", output_filename);
        return FAILURE;
    }

    ConvertLog(input_file, output_file, output_type);

    if (fclose(input_file) != 0)
    {
        errnum = errno;
        fprintf(stderr, "Error closing input: %s\n", strerror(errnum));
    }
    if (fclose(output_file) != 0)
    {
        errnum = errno;
        fprintf(stderr, "Error closing output: %s\n", strerror(errnum));
    }

    return 0;
}

redpajama_set_name: RedPajamaGithub


Gear up in style with Indygena's Women's Selimut Sleeveless Pullover Insulated Dress in Laminated Taffeta. Light, fluid and silky, this fabric gives the garment an enveloping feeling while being fully waterproof. Its waterproof and breathable membrane keeps you dry from the elements and evacuate moisture vapor. The surface of the fabric is treated with a durable water repellent finish. Down insulation equals extra warmth for chilly nights. A roomy, architectural cut makes this the perfect outer piece to layer over your favorite sweater and jeans for total comfort and ease of movement.
White duck down, 80% down 20% feather, fill power of 600 in3/oz.


text:
The Dumping Ground Survival Files is a fifteen-part CBBC miniseries featuring various Dumping Ground characters, giving information on how to survive in The Dumping Ground. The show was made to accompany Series 2 of The Dumping Ground, it shows archive footage from Tracy Beaker Returns and interviews with characters.

Due to the COVID-19 pandemic, The Dumping Ground had to have a transmission break, and therefore, a third series of The Dumping Ground Survival Files was commissioned, with filming being done remotely and on the set of The Dumping Ground. Series 3 began on 6 November 2020 and aired during the transmission break of Series 8.

Episodes

Series 1 (2014)

Series 2 (2014)

Series 3 (2020)

References

External links

2010s British children's television series
2014 British television series debuts
2014 British television series endings
BBC children's television shows
The Story of Tracy Beaker
The Dumping Ground
Tracy Beaker series
Television series by BBC Studios

redpajama_set_name: RedPajamaWikipedia


This site is not a person's profile. It is a collection of search results for the search term "Staci Simmons".
Tamara Le is a freelance graphic designer who specializes in both print and online marketing creative material.
US Military Maintenance is a nationwide effort to employ US veterans in the commercial maintenance industry. We are looking for companies that want to participate in this program so that we can hire and train local work ready US veterans to maintain the professional image of your company.


Solutions Architect salaries at Nagravision can range from $144,756-$156,880. This estimate is based upon 1 Nagravision Solutions Architect salary report(s) provided by employees or estimated based upon statistical methods. See all Solutions Architect salaries to learn how this stacks up in the market.
Check out the latest Solutions Architect Jobs or see Solutions Architect Salaries at other companies.


An innovative take on a classic beach house style. 5 Glasgow Avenue, Bondi Beach is located on one of Bondi's best-loved avenues between the beachfront and Seven Ways cafe hub.
Designed by an award-winning architect – Brian Meyerson, the innovative layout embraces the outdoors and reveals an uplifting sense of space with landscaped entertaining areas forming a natural extension of the living space. An organic palette of stone and timber reflects its coastal setting with soaring ceilings and the extensive use of glass taking full advantage of a sunny north east aspect. Featuring a versatile studio and invaluable double parking, this dual level family home is just one block back from the sand, surf and beachfront cafe strip.
Love what this house has to offer?
Make sure to come to the next open for inspection!
WHAT IS THE APPROXIMATE RENTAL?
WHAT ASPECT DOES THE PROPERTY HAVE?
WHAT ARE THE COUNCIL AND WATER RATES?
WHAT OTHER FEATURES DOES THE PROPERTY HAVE?
WHEN IS THE PROPERTY AVAILABLE FOR INSPECTIONS?
Sunday between 10am-10.45am Or by appointment.
All information contained herein is gathered from sources we deem to be reliable. However, we cannot guarantee its accuracy and interested persons should rely on their own enquiries.


text:
TDMN
Curious Texas
Dallas Empire
Other Esports
TV Radio Listings
Texan of the Year
North Texas Giving Guide
Timeless in Texas
sportsRangers
From a different vantage point, Rangers' Corey Kluber preps for his first start in over a year
Kluber's last start came with Cleveland in May 2019.
Texas Rangers starting pitchers, from left, Lance Lynn, Kyle Gibson, Jordan Lyles and Corey Kluber watch their teammates face the Colorado Rockies from rocking chairs on the Sky Porch high above left field during the third inning at Globe Life Field on Saturday, July 25, 2020. (Smiley N. Pool / Staff Photographer)
By Sam Blum
6:24 PM on Jul 25, 2020 CDT
Corey Kluber prepared for his first Rangers start Sunday by lounging in the upper deck of Globe Life Field for Saturday's game. Sitting in a large wooden lawn chair in front of Karbach Brewing in the third deck in right field, Kluber took in Mike Minor's first start with the other four starting pitchers.
Starting pitchers not in the game are not supposed to be in the dugout for social distancing purposes. Kluber and his teammates moved as far away as possible, after watching Friday's game from a club down the first-base line.
As @JaredSandler noticed before me, the other Rangers starting pitchers are watching the game from the upper deck. Before the game, Kluber said he'd been watching from the club down the first base line. pic.twitter.com/WE9dnAppx8
— Sam Blum (@SamBlum3) July 25, 2020
"For me, I do most of my homework away from the game setting," Kluber said before the game. "I have always valued the view behind pitchers rather than trying to read hitters from the dugout. That's the way things are now. Everybody is doing their best to try and follow those protocols."
It will be the first start since May 1 2019 for Kluber. He was hit by a line drive in that game against the Marlins, and attempted a rehab in August, but eventually shut it down.
He was traded to Texas in December, and will have a chance to show he's still the two-time Cy Young Award winner that he proved himself to be over his nine seasons in Cleveland.
"I don't really try to compare now to last year or a few years ago," Kluber said. "The way I look at it is, I believe I have a certain way to go about things to be successful. I feel I am in a good spot right now. I don't think that's something you carry over. It takes work each day to maintain it and that's how I go about it."
Bard makes return: Former Red Sox standout reliever Daniel Bard made his first MLB appearance in more than seven years for the Rockies. Bard last pitched in April 2013, but dealt with serious control issues.
At one point, Bard pitched in the Rangers' organization. He made four appearances for Class A Hickory in 2014. He allowed 13 runs and recorded two outs, all on zero hits.
That's because he walked nine batters and hit seven more.
Bard retired Elvis Andrus to escape a jam in the fifth. Then he pitched a scoreless sixth inning. In 25 pitches, he threw just five balls.
"Most guys don't come back from that," said Woodward, who was teammates with Bard during the 2009 season in Boston. "When they have command issues like that — it's good to see him back out there. I don't root for him when he's pitching against us, but it is a cool story."
Briefly: Rangers third baseman Isiah Kiner-Falefa was scratched before the game with tightness in his left hamstring. Woodward said after the game he hoped it was nothing serious.
"I'm hoping it's just a cramp," Woodward said. "That's what he said he felt a little bit last night. I don't know if it's enough to be considered a strain. But it was something we both kind of talked about, and I talked about with the trainers. I don't know if its was grabbing on him a little bit when he was trying to run before the game."
Woodward added Kiner-Falefa could play on Sunday if he comes in feeling good, or the Rangers might give him two more days off with no game on Monday.
'We did not disrespect our country': Rangers manager Chris Woodward frustrated by the belief his team knelt for the national anthem
Baseball can be cruel. Life can be crueler: Rangers help Sam Hilliard's family experience a special moment
By Evan Grant
Find more Rangers stories from The Dallas Morning News here.
Sam Blum, Staff Writer. Sam covers SMU athletics and the Texas Rangers for The Dallas Morning News, and previously covered Auburn University athletics for AL.com. He's also covered University of Virginia athletics for The Daily Progress in Charlottesville. He graduated from Syracuse University.
Top Sports Stories
Mavs down Pacers, snap 3-game losing streak in their best collective effort of the season
Film room: Strengths and weaknesses of Cowboys DC Dan Quinn's base defense
Meet the 2021 early enrollees already at Texas A&M, including a pair of Denton Guyer four-star signees
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Cowboys' latest staff changes include new strength and conditioning coordinator, defensive line coach
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By Nic Garcia
3 special teams issues the Cowboys must fix this offseason, including who will be Dallas' punter


Be an automator: we're using cutting-edge technology to facilitate automation and repeatability. We practice continuous integration and are working towards continuous deployment. Be a builder: our engineers are building and expanding our highly-available architecture to handle over $2 billion in loans originated through our pipeline. Be a game changer: we're building infrastructure that has a competitive edge; we're using technologies like Docker in production on top of Mesos, and Apache Kafka. Be a collaborator: you'll be expected to forge deep bonds with your business counterparts to truly understand the needs of our Borrowers and Investors. We work in an Agile environment including pair programming and daily standups. Be a teacher: be generous with your time and expertise to continue the development of our world-class engineering team.


text:
Amy Klobuchar Unveils First 100 Day Plan
Credit: Wochit
Published on June 18, 2019 - Duration: 00:44s
Democratic presidential candidate Amy Klobuchar speaks during the Democratic National Committee LGBTQ Gala in New York City, U.S., June 17, 2019.
Senator Amy Klobuchar unveiled on Tuesday a 137-point list of priorities she would address in her first 100 days in office if elected president, a sweeping set of policies she is highlighting as part of her bid for the Democratic nomination.
› Videos › Amy Klobuchar Unveils First 100 Day Plan
What Is Amy Klobuchar's 100 Day Plan? 00:54
Credit: Wochit - Published on June 18, 2019


text:
Sacha Baron Cohen wants to walk the Oscar red carpet dressed as a Middle Eastern dictator. Should the Academy let him?
By Josh Rottenberg Updated February 22, 2012 at 12:00 PM EST
Sacha Baron Cohen apparently wants to bum rush the Academy Awards. The comedic merry prankster—who, you might recall, descended on wires crotch-first into Eminem's face at the 2009 MTV Movie Awards to promote his comedy Brüno and has pulled similar guerilla stunts in the guise of Borat and Ali G—would reportedly like to strut down the Oscar red carpet this Sunday as his character in the upcoming movie The Dictator: a Qadaffi-esque Middle Eastern leader named General Aladeen.
The plan, if he pulls it off, would obviously give a huge publicity boost to Paramount's The Dictator, which opens on May 11. Perhaps not surprisingly, though, the Academy doesn't see the comic value in Baron Cohen's fictional strongman rubbing elbows with Hollywood royalty in all their formal finery. "We would hope that every studio knows that this is a bad idea," a spokesperson for the Academy of Motion Picture Arts and Sciences told Deadline. "The red carpet is not about stunting." That said, the Academy has stopped short of banning Baron Cohen outright; a spokesperson told The Hollywood Reporter, "We don't think it's appropriate. But his tickets haven't been pulled. We're waiting to hear back." [UPDATE: Deadline reports that the Academy has said that it will, in fact, rescind Baron Cohen's tickets if he intends to proceed with the Dictator stunt. Otherwise, as an Academy member and one of the stars of the Best Picture-nominated Hugo (which is also a Paramount film), he is invited to attend the show. Baron Cohen's rep tells EW, "We have no comment." Stay tuned…]
The Academy is in an awkward position here. On the one hand, this isn't some raucous, anything-goes awards show like the MTV Movie Awards we're talking about—this is the Oscars, the venerable, tradition-bound granddaddy of all awards shows that's supposed to honor cinema's highest values and achievements. The Academy has a longstanding policy of not allowing the promotion of specific movies during the telecast (though, to be fair, there have been occasional exceptions, like when Ben Stiller presented with Starsky & Hutch co-star Owen Wilson wearing his Starsky duds in advance of their big-screen reboot of the '70s cop show). Banning obvious shilling for particular movies seems reasonable enough: Would anyone really like to see the Academy Awards reduced to a cheesy plug-fest? On the other hand, the venerable, tradition-bound granddaddy of all awards shows could use a little shaking up, couldn't it? If the Academy tried to put the kibosh on Baron Cohen (who has already reaped some nice publicity simply from this idea being floated), it would risk looking like a bunch of humorless fuddy-duddies—not the ideal image for an institution that needs to attract younger viewers in order to maintain the Oscars' relevance going forward.
There are potential risks for Baron Cohen, too, of course: The stunt could fall flat (the Oscar red carpet, packed wall-to-wall with stressed-out stars and their equally stressed-out handlers, is not exactly the most comedy-friendly environment). Or, even if it succeeds, it could do so at the cost of making Baron Cohen—who you have to assume wouldn't mind getting some Oscar love of his own some day—about as welcome a figure at the Academy asBrüno was when he showed up at that Arkansas steel-cage wrestling match.
What do you think? Should the Academy relax and embrace the spectacle of Baron Cohen sauntering down the red carpet in his medal-bedecked military uniform and long fake beard? Or are they right to try to dissuade him from potentially making a mockery of the industry's biggest night?


text:
O Monte Esja (na língua islandesa é frequentemente escrito com um artigo, a forma Esjan é geralmente falado no dia-a-dia) é uma montanha que se estende junto a Kjalarnes em Reykjavík e é uma das montanhas que caracterizam a região da capital islandesa. É um vulcão formado no final do Pleistoceno.

A imagem da montanha tem através do tempo influenciado o valor imobiliário na cidade e há pessoas que dizem que podem prever o tempo apenas a olhar a cor da montanha. O cume da montanha está há 914 metros de altitude. Há algumas trilhas na montanha e lá também há belas áreas de recreação ao ar livre. Esjan é a Blágrýtisfjall que fica mais ao sul da Islândia.

O nome Esja
É dito na história de Kjalnesinga que havia uma cidade - Esjuberg- onde o colono Örlygur Hrappsson morou quando chegou à Islândia vindo das Ilhas do Sul, na Escócia. Na história é dito que uma mulher irlandesa chamada Esja havia chegado à Kollafjörður e havia um homem que os chefiava e parecia ter um nome irlandês. A mais provável explicação é a de que ele veio de uma região da Escandinávia.

Referências

Vulcões da Islândia


text:
Tag Archives: The Bridge on the River Kwai
387. The Third Man
The Palme d'Or winner in 1949, Carol Reed's masterpiece drew on covert sources and unexpected styles and techniques to deliver a melancholic mystery.
268. Dunkirk
All boring films are alike; every great film is great in its own way. Christopher Nolan's Dunkirk belongs not just to the latter but amongst the greatest ever made.
251. Lawrence of Arabia
David Lean's enduring masterpiece is a rare breed; an epic but also a portrait that refuses to explain its enigmatic subject.
178. Brief Encounter
Once dismissed as parochial and passé, the influence of David Lean's classic can be seen in such unlikely places as The Third Man, The Godfather and Carol.
150. The Bridge on the River Kwai
With this Oscar winning classic, David Lean stopped being an 'English filmmaker' and became an 'international star director'.


text:
* Kubert
* Moebius
* Jordan
* Hobbies
* Lynbrook
Michael Jordan game-worn shoes, Star Wars figures, original comic art at Philip Weiss Feb. 27th sale
Part 1 of the massive comic collection of legendary comic book artist Joe Kubert, an original color art page by French artist, cartoonist and writer Moebius and a pair of sneakers signed and worn by Michael Jordan will be auctioned Feb. 27th.
By: Philip Weiss Auctions
A Star Wars collection will include a set of 12 back mint on card figures.
* Lynbrook - New York - US
LYNBROOK, N.Y. - Feb. 21, 2016 - PRLog -- Part 1 of the massive comic collection of legendary comic book artist Joe Kubert (1926-2012), an original color art page by French artist, cartoonist and writer Moebius (1938-2012), and a pair of sneakers signed by Michael Jordan and worn by the NBA star during the 1991 championship playoff series will be sold Saturday, Feb. 27th, by Philip Weiss Auctions.
They are just part of a major auction featuring over 600 lots of sports items, comics and comic art, animation, Star Wars toys and collectibles and more. The sale will begin at 10 a.m. Eastern time and will be held in Philip Weiss Auctions' gallery at 74 Merrick Road in Lynbrook, plus online at Proxibid.com and LiveAuctioneers.com. Phone and absentee bids will also be taken.
Joe Kubert was a renowned American comic book artist, art teacher and founder of The Kubert School. He is best known for his work on the DC Comics characters Sgt. Rock and Hawkman. He was inducted into the Jack Kirby Hall of Fame in 1997 and the Will Eisner Comic Book Hall of Fame in 1998. Some choice lots in the auction will consist of items from his sizable collection.
These will include signed original cover art (for Hawkman #103, Hawk Son of Tomahawk #140,House of Mystery #307, G.I. Combat #159 and #253, and others), hundreds of comic books (to include rare examples from the Big Apple collection), pages, stories, strip art and more, as well as works by other artists. The remainder of Kubert's collection will be sold over future auctions.
Moebius (real name: Jean Henri Gaston Giraud) was a French artist who worked in the Franco-Belgian bandes dessinees tradition. He used the pseudonym Moebius (and to a lesser extent Gir), for the Blueberry series, which he created with writer Jean-Michel Charlier. It featured one of the first anti-heroes in Western comics. He was esteemed by Stan Lee, Federico Fellini and others.
The Moebius work being auctioned is an original direct color art page, drawn for Metal Hurlant in 1977 for The Ballade. Also in the sale are Golden and Silver age comics, a nice run of All Star comics (#20-#57), key issues, including Amazing Fantasy #15, the first appearance of SpiderMan; TheIncredible Hulk #1, Fantastic Four #1, X-Men #1 and many others, all very collectible.
The pair of black, Michael Jordan game-worn sneakers are not in pristine condition (they were game-worn, after all), but the star's signature has been declared genuine (with a certificate of authenticity) and the back-story is compelling: Jordan wore the sneakers during the 1991 NBA championship playoff series against the Los Angeles Lakers, as a member of the Chicago Bulls.
Additional sports memorabilia will feature a huge collection of sports (and non-sports) cards, a thousand autographed jersey and equipment cards, signed bats, photos and more. A wonderful Star Wars collection includes a set of 12 back mint on card figures. Also sold will be boxed toys, a Sears Early Bird display, puzzles, games, movie posters, trading cards, magazines and more.
Animation art will include original Charles Schulz artwork for a Peanuts daily comic strip (a staple at many Philip Weiss auctions) dated March 2, 1964; production cels (including a Dopey production cel from Snow White, a Briar Rose production cel from Sleeping Beauty and a Peter, Chief and Tiger Lily production cel from Peter Pan); limited editions, drawings and much more.
Philip Weiss Auctions' next big sale after this will be a 700-lot blockbuster event scheduled for Saturday, March 19th, also at 10 a.m. in the firm's Lynbrook gallery. Categories will include militaria, World's Fair, historical, advertising, Hollywood, rock 'n' roll, rare books and more.
Expected top lots will feature a 1966 US tour concert program book signed by all four Beatles, a collection of Marilyn Monroe lobby cards, an Andy Warhol audio tape archive, rare mid-20th century Edgar Bergen ventriloquist dummy models, a pair of Eames leather benches from the IBM Pavilion at the 1964 New York World's Fair, signed Grace Kelly memorabilia and more.
Philip Weiss Auctions is always accepting quality consignments for future auctions. To consign a single item, an estate or a collection, you may call them at (516) 594-0731; or, you can send an e-mail to Philip Weiss at Phil@WeissAuctions.com. For more information about Philip Weiss Auctions and the upcoming February 27th and March 19th sales, visit www.WeissAuctions.com.
***@weissauctions.com
: ***@weissauctions.com
: Kubert, Moebius, Jordan
: Hobbies
: Lynbrook - New York - United States
Ken Hall Press Releases News
Part 2 of the Ken Fee collection of mostly Western bitters bottles will be sold online, Feb. 14-23
Affordable art offered in Shannon's online sale now through January 23rd
Poster Auctions International's Rare Posters Auction #80 will be held Sunday, February 23rd in NYC
Collectors answer the call for antique historical telephones at Bruneau & Co. auction held January 4
Rare blue Cassin's Grape Brandy Bitters bottle soars to $155,000 at American Bottle Auctions
Feb 21, 2016 News


Philadelphia-based lighting designer Michael Korsch selected Clay Paky Alpha Spot QWO 800 and Alpha Profile 800 ST moving lights as part of the rig for the world premiere of "Don Quixote" at the Pennsylvania Ballet.
A lighting and scenic designer who frequently works in dance, Korsch has many years experience using Clay Paky products. A big fan of the Alpha Spot HPE 1500, he incorporated three of them into his lighting design for "Alchemia," a MOMIX production that premiered in 2013 and has been touring internationally ever since.
"Don Quixote" was created by Angel Corella, artistic director of the Pennsylvania Ballet, with music by Ludwig Minkus. The new ballet features authentic Spanish-flavored dance and comic interludes to bring to life a story based on Cervantes's classic novel. The production was staged from March 3-13 at the Academy of Music in Philadelphia. Main Light Industries supplied the Clay Paky fixtures for Korsch's lighting design.
Korsch deployed Alpha Spot QWO 800s and Alpha Profile 800 ST fixtures on "Don Quixote," which featured a large, two-story set from San Diego Opera. "The QWOs and Alpha Profiles were used to light the scenery and focus on characters or special areas. They also served as stage washes to supplement the conventional rig," he explains.
The shutters on the Profiles allowed me to control the shape of the light so I could focus onto one piece of scenery and not another. The fixtures' wide zoom was very helpful too – it's something I was looking for," Korsch adds. He also cites their color mixing and gobo selection and the quality of the light output. "They are bright for 800w fixtures," he notes.