text:
US Court of Appeals Cases
Tenth Circuit
Ebel v. Ebel ( 1997 )
F I L E D
FOR THE TENTH CIRCUIT
PATRICK FISHER
In re:
CLARENCE JOSEPH EBEL, JR.,
doing business as Haystack Mountain
Golf Course & Driving Range, doing
business as Golf Haystack,
Debtor.
LOIS J. EBEL,
Plaintiff-Appellee,
v.                                               No. 96-1190
(D.C. No. 95-K-1860)
CLARENCE JOSEPH EBEL, JR.,                         (D. Colo.)
Defendant-Appellant,
DENNIS W. KING, Interim Trustee,
Defendant,
ROBERT KAYNE, E. WARREN
GOSS; W.F. ROBINSON, III,
Defendants-Intervenors.
v.                                            (D.C. No. 95-K-1860)
(D. Colo.)
GOSS, W.F. ROBINSON, III,
Defendants-Intervenors
- Appellants,
Trustee.
ORDER AND JUDGMENT *
Before BRORBY, BARRETT, and MURPHY, Circuit Judges.
After examining the briefs and appellate records, this panel has determined
unanimously that oral argument would not materially assist the determination of
these appeals. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. These cases are
therefore ordered submitted without oral argument. 1
Procedural Background
In 1986, appellee Lois Ebel was granted a divorce from appellant Clarence
"Bud" Ebel by the Boulder County District Court ("the Boulder court"). That
court retained jurisdiction over the division of the marital property which
included a nine-hole golf course, a driving range, an adjoining house, and three
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
The former law firm that represented Mr. Ebel had been allowed to
intervene in the bankruptcy proceedings. The intervenors are the appellants in
case No. 96-1210; Mr. Ebel is the appellant in case No. 96-1190.
nearby building lots. The property, which after the divorce was owned by the
Ebels as tenants in common, was eventually turned over to a receiver. 2 After
much wrangling and attempts by both parties to buy out the interest of the other, a
permanent orders hearing to determine the division of property was set by the
Boulder court for March of 1990. Before that hearing could be completed,
however, Mr. Ebel apparently became ill, and the hearing was rescheduled to June
12, 1990. On June 8, 1990, Mr. Ebel filed a voluntary Chapter 7 bankruptcy
petition. Despite having been informed of the bankruptcy filing, the Boulder
court, on June 12, 1990, reconvened the property division hearing. Although he
had been told that the hearing would continue despite his bankruptcy petition and
the resulting automatic stay, Mr. Ebel did not participate in the reconvened
hearing. After the hearing, the Boulder court issued findings of fact and
conclusions of law awarding the entire marital property to Mrs. Ebel. That order
and decree is dated June 14, 1990 ("Boulder court Order").
By motion dated June 18, 1990, Mrs. Ebel petitioned the bankruptcy court
for relief from stay. After a hearing, the bankruptcy court, in an order dated July
20, 1990, granted relief from stay "solely for the purpose of permitting the state
There is confusion over exactly which pieces of the marital property were
placed in receivership. Resolution of that issue, however, is not necessary for the
disposition of the specific issues presented by these appeals.
court's Order and Decree dated June 14, 1990 in Boulder County District Court,
Case No. 85 DR 1206 to enter" ("July 1990 Order"). Appellant's App. at 62.
Mr. Ebel did not challenge this order.
Instead, Mr. Ebel proceeded to appeal the Boulder court Order granting the
marital estate to his former wife. That order was affirmed by the Colorado Court
of Appeals, which found the distribution to be equitable based on Mr. Ebel's
withdrawals of assets from the marital estate. See In re Marriage of Ebel,
, 407 (Colo. Ct. App. 1993). In response to Mr. Ebel's argument that the
Boulder court Order was unenforceable because it violated the automatic stay, the
Colorado Court of Appeals cited the bankruptcy court's July 1990 Order as
having lifted the stay, thus obviating any basis for reversing the judgment based
on the effect of the stay. The court noted that Mr. Ebel's "concerns as to the
bankruptcy court's order are better addressed to that court." Id. at 408. The
Colorado Supreme Court denied the petition for certiorari.
While Mr. Ebel's state court appeal was pending, Mrs. Ebel filed a
complaint in the bankruptcy court against Mr. Ebel and the trustee seeking an
order compelling the defendants to render to her an accounting and to turn over to
her "all proceeds received by the Trustee and/or Debtor postpetition from the
operation of the Golf Course and from the marital property." Appellant's App. at
66-69. Mrs. Ebel also requested that the stay be lifted allowing her to execute
and implement the Boulder court Order.
The bankruptcy court initially denied Mrs. Ebel's motion for summary
judgment on this complaint. It concluded that the trustee's interest in the property
as a hypothetical judgment lienor, pursuant to 11 U.S.C. § 544(a), was superior to
Mrs. Ebel's equitable resulting trust in the property because Mrs. Ebel had filed
neither a lien nor notice of lis pendens so as to put the trustee on notice of her
claim. The district court reversed, holding that the trustee could not avoid Mrs.
Ebel's interest in the property because the presence of the receiver gave the
trustee constructive notice of Mrs. Ebel's interest, thus preventing him from
acquiring good title from Mr. Ebel. See Ebel v. Ebel (In re Ebel),
144 B.R. 510
516 (D. Colo. 1992) ("September 1992 Order"). The case was remanded to the
bankruptcy court for further proceedings.
For the next two years, the parties engaged in settlement negotiations which
ultimately proved unsuccessful. On March 25, 1994, the bankruptcy court issued
an order on remand from the district court's September 1992 Order, reversing its
prior position and granting Mrs. Ebel's motion for summary judgment on her
turnover complaint ("March 1994 Order"). The court reasoned that, even though
the Boulder court hearing of June 1990 technically violated the automatic stay
provision of 11 U.S.C. § 362, the July 1990 Order of the bankruptcy court had in
reality "ratified" the state court action and effectively adopted the state court
order as an order of the bankruptcy court. Thus, the Boulder court's decision
regarding Mrs. Ebel's interest in the property was now given retroactive effect in
the bankruptcy proceeding.
The trustee moved for reconsideration, arguing due process concerns and
concerns regarding the disposition of the three building lots and other
appurtenances to the golf course that were not specifically addressed in the
Boulder court Order. After a hearing, the bankruptcy court again changed course,
finding that the action of the Boulder court in awarding the marital property to
Mrs. Ebel had indeed been invalid because it was taken in violation of the
automatic stay. See Appellant's App. at 265-66 ("June 1994 Order"). The order
further found that "the property division order, made without [Mr. Ebel's]
participation, raises due process concerns." Id. at 265. Citing the district court's
conclusion in its September 1992 Order that the trustee could not avoid
Mrs. Ebel's interest in the golf course property and this court's opinions in Calder
v. Job (In re Calder),
(10th Cir. 1990), and Ellis v. Consolidated
Diesel Electric Corp.,
(10th Cir. 1990), the bankruptcy court
concluded that the Boulder court Order was void. The stay was then modified to
permit the parties to return to state court to relitigate the property issues
addressed in the June 1990 Boulder court hearing.
As an additional part of the June 1994 Order, the bankruptcy court
determined that the district court's September 1992 Order applied only to the golf
course and the residence because they were the only portions of the marital
property subject to receivership. The court concluded, therefore, that the trustee
could avoid Mrs. Ebel's interest in the three building lots and could pursue their
liquidation. The court stated: "the parties may resolve their ownership disputes
regarding the proceeds based upon the adjudication of the division of marital
property." Appellant's App. at 266. Finally, the bankruptcy court amended its
March 1994 Order to deny Mrs. Ebel summary judgment as to the golf course
property and to grant summary judgment to the trustee as to the three building
lots. The June 1994 Order was filed on June 10, 1994.
Under Bankruptcy Rule 9023, making Fed. R. Civ. P. 59 applicable (with
certain exceptions not relevant here) to cases in bankruptcy, Mrs. Ebel had ten
days within which to file a motion to alter or amend the June 1994 Order.
According to Mrs. Ebel's attorney, however, she did not receive a copy of the
order until 4:30 p.m. on June 20 via fax. The attorney immediately filed a motion
for additional time to file her "motion to reconsider" the June 1994 Order. On
June 22, 1994, the bankruptcy court granted Mrs. Ebel's motion for additional
time. Her motion to reconsider is dated June 30, 1994 and relies on Fed. R. Civ.
P. 59(e) as the basis for relief. 3
In granting Mrs. Ebel's motion to reconsider, which it treated as a Rule
59(e) motion, the bankruptcy court once again changed direction. On August 9,
1994, the court issued an order which revisited the arguments advanced in prior
proceedings, vacated the June 1994 Order, and reinstated the order of March
1994. In so doing, the court concluded that, because Mr. Ebel had pursued an
appeal of the state court property judgment through the state appellate system, he
had, indeed, received full due process. The court further reiterated its intent to
adopt, as orders of the bankruptcy court, the permanent orders issued by the
Boulder court in June of 1990 ("August 1994 Order").
Both the trustee and Mr. Ebel appealed. The district court, aware that the
bankruptcy court had no authority to extend the time for filing Mrs. Ebel's Rule
59(e) motion, see Collard v. United States,
10 F.3d 718
, 719 (10th Cir. 1993);
Rule 59(e) provides that "[a]ny motion to alter or amend a judgment shall
be filed no later than 10 days after entry of the judgment." A "motion to
reconsider" is not among the motions recognized by the Federal Rules of Civil
Procedure. A motion filed within ten days of the entry of judgment will
ordinarily be treated as a Rule 59(e) motion. Motions served after that time are
construed as Rule 60(b) motions. See Van Skiver v. United States,
952 F.2d 1241
, 1243 (10th Cir. 1991). It is immaterial that the party filing the motion has
attached a particular label to it. See Dalton v. First Interstate Bank of Denver,
, 703 (10th Cir. 1988). The timing of the motion determines its
Bankr. R. 9006(b)(2); Bankr. R. 9023, dismissed the appeal without prejudice and
remanded it to the bankruptcy court to determine whether its August 1994 Order
should be vacated for lack of jurisdiction.
Acknowledging that it could not treat Mrs. Ebel's motion as a Rule 59(e)
motion, the bankruptcy court proceeded to consider whether Mrs. Ebel was
eligible for relief under Rule 60(b). Concluding that she had satisfied the
requirements for relief under both 60(b)5 and 60(b)6, 4 the bankruptcy court, in an
order dated July 14, 1995, reaffirmed its August 1994 Order. In so doing, the
court also determined that its previous ruling granting summary judgment to the
trustee on the issue of possession of the building lots was "premature" because
there had been no motion for summary judgment by the trustee, Mr. Ebel, or the
Rule 60(b) provides in pertinent part:
On motion and upon such terms as are just, the court may relieve a
party or a party's legal representative from a final judgment, order, or
proceeding for the following reasons: (1) mistake, inadvertence,
surprise, or excusable neglect; (2) newly discovered evidence which
by due diligence could not have been discovered in time to move for
a new trial under Rule 59(b); (3) fraud (whether heretofore
denominated intrinsic or extrinsic), misrepresentation, or other
misconduct of an adverse party; (4) the judgment is void; (5) the
judgment has been satisfied, released, or discharged, or a prior
judgment upon which it is based has been reversed or otherwise
vacated, or it is no longer equitable that the judgment should have
prospective application; or (6) any other reason justifying relief from
the operation of the judgment.
Fed. R. Civ. P. 60(b).
intervenors pending at the time the court granted summary judgment on the lots.
Mr. Ebel and the intervenors appealed the July 14, 1995 order to the district court.
The district court affirmed, holding that the bankruptcy court had not erred
in failing to dismiss the Rule 59(e) motion as untimely and that it was proper for
the court to treat the motion as one under Rule 60(b). The district court did not
specifically address Mr. Ebel's argument that the grant of relief under Rule 60(b)
was an abuse of discretion. Instead, the district court addressed the merits and
rejected Mr. Ebel's argument that, in March 1994, by suddenly characterizing the
June 1990 Order as a ratification of the Boulder court's property division without
notice to him, the bankruptcy court denied him due process. It also rejected
Mr. Ebel's contention that the ratification was void because it violated the
automatic stay. It is this district court order, affirming the July 14, 1995 order of
the bankruptcy court, which is the subject of this appeal.
On appeal, Mr. Ebel argues that the bankruptcy court abused its discretion
in granting Mrs. Ebel relief under Rule 60(b); that neither the bankruptcy court
nor the parties intended at the time of the June 1990 Order to give retroactive
effect to the Boulder court Order, and, alternatively, that the grant of such
retroactive relief from stay was an abuse of discretion. The intervenors urge
similar arguments.
Rule 60(b) Ruling
We begin by noting that the bankruptcy court was required to construe
Mrs. Ebel's motion for reconsideration, filed beyond the ten-day limit for filing a
Rule 59(e) motion, as one for relief under Rule 60(b). 5 See Van Skiver, 952 F.2d
at 1243. Rule 60(b) gives courts a "grand reservoir of equitable power to do
justice in a particular case." State Bank of Southern Utah v. Gledhill (In re
Gledhill),
76 F.3d 1070
, 1080 (10th Cir. 1996) (quotations omitted). Under the
rule, federal courts have "broad authority to relieve a party from a final judgment
'upon such terms as are just . . . for . . . any other reason justifying relief from the
operation of the judgment.'" Id. (quoting Fed. R. Civ. P. 60(b)(6)). Such relief
may be granted only in "extraordinary circumstances and only when such action is
necessary to accomplish justice." Lyons v. Jefferson Bank & Trust,
729 (10th Cir. 1993) (quotation omitted).
Our review of the court's grant of Rule 60(b) relief is for abuse of
discretion, see In re Gledhill, 76 F.3d at 1080, however, a "'district court would
necessarily abuse its discretion if it based its ruling on an erroneous view of the
law or on a clearly erroneous assessment of the evidence.'" Lyons, 994 F.2d at
With some modifications not relevant here, Rule 60(b) is made applicable
to the bankruptcy courts pursuant to Bankr. R. 9024.
727 (quoting Cooter & Gell v. Hartmarx Corp.,
, 405 (1990)). 6 To
the extent the bankruptcy court based its ruling on discretionary factors, we
review for abuse of discretion; to the extent its ruling was based on its findings of
fact and conclusions of law, however, we apply the traditional review reserved for
those determinations -- clearly erroneous for the findings of fact and de novo for
the legal conclusions. See Lyons, 994 F.2d at 727.
Apart from the standard of review discussed above, we must also be
concerned with the proper scope of review. It is clear that review of the denial of
a Rule 60(b) motion is confined only to review of the order of denial and does not
extend to review of the underlying judgment itself. See Van Skiver, 952 F.2d at
1243. Similarly, our cases reviewing the grant of Rule 60(b) relief have involved
review of the order granting such relief and the bases therefore and not of the
merits of the underlying judgment. See, e.g., Gledhill,
; Orner v.
We have recently examined the circumstances under which an order
granting relief under Rule 60(b) (as opposed to one denying such relief) will be a
final decision within the meaning of 28 U.S.C. § 1291 or otherwise appealable
under generally applicable rules governing appellate jurisdiction. See
Stubblefield v. Windsor Capital Group,
, 995-97 (10th Cir. 1996)
(holding that an order granting Rule 60(b) relief to void a settlement agreement
which also vacated a judgment and scheduled both a settlement conference and a
jury trial was not final for purposes of appeal). In contrast to Stubblefield,
however, the order of the bankruptcy court here granting Rule 60(b) relief
reinstated its order of March 25, 1994 granting summary judgment to Mrs. Ebel,
thus effectively ending the litigation on the merits and leaving nothing more for
the court to do but execute the judgment. The order granting Rule 60(b) relief
under these circumstances, therefore, is final and appealable.
Shalala,
(10th Cir. 1994); Oklahoma Radio Assocs. v. FDIC,
(10th Cir. 1993); Zimmerman v. Quinn,
744 F.2d 81
(10th Cir. 1984).
Thus, because this case is an appeal from a ruling on a Rule 60(b) motion, our
review is limited to the propriety of that grant of relief and, as part of the Rule
60(b) analysis, will not extend to the merits of the underlying judgment.
Relief under Rule 60(b) is extraordinary and should only be granted under
exceptional circumstances. See United States v. 31.63 Acres of Land,
, 761 (10th Cir. 1988). Although the bankruptcy court specifically cited
grounds under Rule 60(b)(5) and 60(b)(6) to support its grant of relief, "there is
no need to pinpoint which clause of Rule 60(b) is the basis for the decision below
where a timely motion is being reviewed." Pelican Prod. Corp. v. Marino,
, 1145 (10th Cir. 1990). Instead, we examine the record as a whole to
determine the propriety of the court's judgment. See id.
It is improper for a court to grant relief under Rule 60(b) if, in doing so, the
court simply revisits arguments which had already been raised and dismissed. See
Van Skiver, 952 F.2d at 1244. Nor is it proper to "advance[] new arguments or
supporting facts which were otherwise available for presentation when the
original . . . motion was briefed." Id. at 1243 (quotation omitted). In her motion
to reconsider, Mrs. Ebel revisited issues which had already been considered and
ruled on by the court. She argued the status of the building lots and the effect of
the stay on the Boulder court order. These issues had clearly been decided in the
June 1994 Order. Revisiting issues already addressed is not the purpose of Rule
60(b), see id., and the bankruptcy court abused its discretion in granting relief on
that basis.
In addition to grounds already decided by the court, Mrs. Ebel argued in her
motion to reconsider that the bankruptcy court's June 1994 remand to state court
for purposes of dividing the marital estate was erroneous because the state court
proceeding had long since closed. She also urged the bankruptcy court to
"abstain" on the issues regarding marital property as an exercise in comity.
Mrs. Ebel can qualify for Rule 60(b) relief by demonstrating one or more of the
six grounds for such relief specified in the Rule. None of the grounds enumerated
in her motion to reconsider, however, fit any of the Rule 60(b) categories nor do
they constitute the exceptional circumstances required.
To the extent that these arguments attempt to point out mistakes of law,
Rule 60(b)(1) provides an avenue for relief under these circumstances only for
"obvious errors of law, apparent on the record." Id. at 1244. These issues do not
involve any facially obvious legal errors. Arguments that the court misapplied the
law or misunderstood the movant's position are properly brought under Rule 59(e)
but cannot be the basis for relief under Rule 60(b). See id.
To the extent that the cessation of the state court proceedings is cited as a
"changed circumstance," we note below that there are other avenues available to
decide the fate of the marital estate aside from returning the issues to the
Colorado courts. The fact that the Ebel dissolution matter is closed in the
Colorado system is not a sufficiently exceptional circumstance justifying Rule
60(b) relief.
Even in the broader picture of this case, it is clear that, in granting Rule
60(b) relief to Mrs. Ebel, the bankruptcy court merely revisited old ground. As
noted above, after entering his March 1994 Order giving relief to Mrs. Ebel, the
bankruptcy court changed course and reversed itself in the June 1994 Order.
After the submission of Mrs. Ebel's motion to reconsider, which the bankruptcy
court mistakenly treated as a Rule 59(e) motion, the court entered its August 1994
Order, changing course yet again and returning to a position of the March 1994
Order granting relief to Mrs. Ebel. This August 1994 Order was characterized by
the district court as "revisit[ing] arguments" which formed the basis for the June
1994 Order. Among the issues revisited were the effect of the automatic stay on
the Boulder court order and the general due process issues.
After the district court remanded the August 1994 Order because of the
improper extension of time under Rule 59(e), the bankruptcy court, in an order
dated July 14, 1995, simply reaffirmed its August 1994 Order, but this time under
the auspices of Rule 60(b). Thus, because it merely revisited arguments already
rejected, the bankruptcy court abused its discretion in granting Rule 60(b) relief
to Mrs. Ebel under the circumstances. 7
Application of Rule 59(e)
If Mrs. Ebel's motion to reconsider had been timely under Rule 59(e), she
could properly have urged her arguments that the law had been misapplied and
her position misunderstood. See id. An appeal from a ruling on a Rule 59(e)
motion would also have raised the bankruptcy court's underlying judgment for
review by this court. See id. at 1243 n.3. In order to avoid the constrictions of
Rule 60, Mrs. Ebel, citing Thompson v. Immigration & Naturalization Service,
(1964), and Stauber v. Kieser,
810 F.2d 1
(10th Cir. 1982), argues
that unique circumstances exist to justify her tardy Rule 59(e) motion. She
particularly emphasizes the late receipt of notice from the court of the filing of
the June 1994 Order (apparently due to insufficient postage) and the bankruptcy
court's later erroneous grant of an extension of time to file her Rule 59(e) motion.
This case presents the issue we recently identified in Home & Family, Inc.
v. England Resources Corp. (In re Home & Family, Inc.),
(10th Cir.
1996): whether "parties represented by counsel may reasonably rely on an order
Mrs. Ebel's assertion that this issue was not raised in the district court is
incorrect. See Opening Br. in Appeal of Adversary Proceeding No.
91-1158-DEC, United States Bankruptcy Court for the District of Colorado at 11.
entered in excess of a court's jurisdiction" to excuse an untimely Rule 59(e)
filing. See id. at 480-81. Again, however, we will defer resolution of that issue
because of "our duty to refrain from rendering opinions on abstract propositions,
or to declare principles or rules of law which cannot affect the matter in issue in
the case before us." Id. at 481 (quotations omitted). Even if we were to agree
that unique circumstances exist here to overlook the untimeliness of the purported
Rule 59(e) motion, our review of the merits of the underlying bankruptcy court
order would compel us to reverse the district court's affirmance of the relief
granted Mrs. Ebel.
Instructions on Remand
As part of their prayer for relief on appeal, intervenors request this court to
remand with instruction "to either conduct a hearing on the merits to fix the
respective marital property interests of the debtor and of his former wife in the
golf course and driving range as a 'related proceeding' under 28 U.S.C.
§ 1471(b), or to deflect jurisdiction to the state divorce court for that
determination." Intervenors' Opening Br. at 13.
While we note that 28 U.S.C. § 1471 has never become law, see Historical
and Statutory Notes to Title 28, U.S.C., Chapter 90, § 157 of that title details
ways in which non-core, related proceedings such as this one may be decided.
The district court and the bankruptcy court have options open to them of which
we are sure they are aware. See Lawrence P. King, Collier on Bankruptcy
¶ 3.03[1] (15th ed. rev'd. 1997). While Mrs. Ebel urges that the decision of the
district court should be affirmed because, among other reasons, the state court
proceedings have been closed, it appears from the briefs that there may exist a
mechanism under the Colorado version of Fed. R. Civ. P. 60 to reopen the state
case for purposes of the property division hearing. We do not take a position on
which avenue of decision is the appropriate one. We leave it to the district court
and/or the bankruptcy court on remand to determine the most efficient means by
which to resolve this case.
We note the inordinate amount of time and expense incurred by the parties
in this case. At least for purposes of this portion of the saga, much of the effort
incurred by Mrs. Ebel could have been avoided if she had petitioned for relief
from stay before continuing with the property division proceedings in the Boulder
court. While we agree with the bankruptcy court that, on remand, the property
division may well be resolved exactly as it had been by the Boulder court in 1990,
that suspicion does not justify allowing the proceedings to go forth in derogation
of the automatic stay rights of Mr. Ebel.
The judgment of the United States District Court for the District of
Colorado is REVERSED, and this case is REMANDED for further proceedings
consistent with this order and judgment.
Entered for the Court
Michael R. Murphy
Circuit Judge
DocketNumber: 96-1190
Filed Date: 7/30/1997
Precedential Status: Non-Precedential
Modified Date: 12/21/2014
Authorities (15)
Thompson v. INS , 375 U.S. 384 ( 1964 )
Cooter & Gell v. Hartmarx Corp. , 496 U.S. 384 ( 1990 )
Home & Family, Inc. v. England Resources , 85 F.3d 478 ( 1996 )
Ruth Zimmerman v. Joe Quinn , 744 F.2d 81 ( 1984 )
united-states-v-3163-acres-of-land-more-or-less-situate-in-oklahoma , 840 F.2d 760 ( 1988 )
pelican-production-corporation-a-louisiana-corporation-brent-baker-oil , 893 F.2d 1143 ( 1990 )
keith-ellis-linda-ellis-thomas-l-curry-dennis-hodnett-and-sandra-w , 894 F.2d 371 ( 1990 )
23-collier-bankrcas2d-677-bankr-l-rep-p-73507-in-re-john-richard , 907 F.2d 953 ( 1990 )
david-j-lyons-commissioner-of-insurance-for-the-state-of-iowa-and , 994 F.2d 716 ( 1993 )
Roland Collard, and Mark Oakes, Bruce Oakes, Russell Parks, ... , 10 F.3d 718 ( 1993 )
Eugene R. Orner v. Donna E. Shalala, Secretary of the ... , 30 F.3d 1307 ( 1994 )
69 Fair empl.prac.cas. (Bna) 1446, 67 Empl. Prac. Dec. P 43,... , 74 F.3d 990 ( 1996 )
In Re John H. Gledhill and Gloria K. Gledhill, Debtors, ... , 76 F.3d 1070 ( 1996 )
In Re Marriage of Ebel , 874 P.2d 406 ( 1993 )
In Re Ebel , 144 B.R. 510 ( 1992 )
View All Authorities »


text:
Fox Sports Media Group EVP Doug Sellars Dies at 50
Tim Kenneally
Doug Sellars, executive vice president, production and executive producer of Fox Sports Media Group, died on Friday after recently suffering a heart attack, Fox announced Sunday. He was 50.
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redpajama_set_name: RedPajamaCommonCrawl


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DROP-BALL DUEL -- the referee is too close for comfort as derby rivals Blidworth and AFC Mansfield battle for FA Vase honours.
Relieved AFC Mansfield survived a potential banana-skin when shading derby rivals Blidworth Welfare in an FA Vase tie that was a fine advert for local football.
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The second half was barely two minutes old when AFC levelled. A Williams free-kick was won by Timons and the ball looped up for Fearon to nod home from close range.
Blidworth suffered a real blow on the hour when goalkeeper Steve Smith had to go off injured after a three-man challenge involving one of his defenders and Timons. AFC almost capitalised immediately as Fearon crashed a header against the bar from Williams's cross.


Having the right dining table inside your dining room can pull your complete ensemble together, making the dining room look friendly, welcoming and comfortable. On the other hand, the wrong dining area table can completely produce the illusion of failure, style gone astray, ideas gone bad etc ., etc . Be truthful in your designing style, not denying the own sense of originality is a valuable. If you were to walk into another person's home, and see the design that you thought would best express your own sense of design in your own home, would you come to be able to criticize their collection? If not, than your dining area either looks good enough, or you are blinded by the thought that it was your idea of furnishing in the first place. In any case, it's obvious that you will not be happy until you can produce the look that you so have accumulated in your own home. Many people have the misunderstanding that more used space is the best. Well, honestly, that is almost never true. For the most part, less much more, especially in a dining room. Many homeowners buy huge overpowering living area tables just because they think that is what a dining room is for. A dining room should be used for dining, not having to throw the cookies from one end of the table to the next, or have to speak to the other person with an intercom system. This can totally go against the whole concept of having a dining table. For the most part, people purchase dining room tables needed for the elegance in sexual interaction, and not for distant relations. And you should never buy a dining table that does not correctly fit into the room you have available to be a dining room, as you might find, this also rings true, picturing a pool table in a room that only gives a ft . of room on each area.
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text:
function Person(firstName, lastName) {
    this.firstName = firstName;
    this.lastName = lastName;
}

Person.prototype.greet = function (name) {
    return "Hello, " + name + ". My name is " + this.firstName;
};

var obj = new Person("John", "Doe");
var obj2 = new Person("Joe", "Smith");

obj.greet === obj2.greet; // true

redpajama_set_name: RedPajamaGithub


The seminar is designed for officials from central and regional ministries and/ or other authorities dealing with state aid and environmental protection issues and managers from public or private enterprises who may be involved in the formulation and implementation of environmental state aid schemes.
The primary objective of State aid control in the field of environment and energy is to ensure that public funding leads to a higher level of environmental protection than without aid. The positive effects of the aid have to outweigh negative effects in terms of distortions of competition. The European Commission is working at the moment on the revision of EU Guidelines on State aid for environment and energy, which are expected to be presented at the end of 2013 or at the beginning of 2014. This two-day seminar presents the different conditions and procedures under which state aid for environmental protection and sustainable energy measures can be granted and the objectives and developments of the European Union's policy in this field. The seminar will go into the details of specific issues which are covered by the present and future guidelines, e.g. eco-tax, eco-innovation, renewable energy and the relation between state aid and the new trading period under the emissions trading directive. It will also offer a forum for open discussions with Commission representatives and outside experts on the application of the balancing test in relation to state aid for environmental protection.
The seminar will use a mixture of training methods. The lectures are given by EIPA experts, Commission officials, Member States representatives and other experts. The speakers will have different backgrounds so as to provide a variety of views and perspectives. Each speaker will prepare comprehensive documentation for distribution to the participants. EIPA will provide the participants with the relevant background material and documentation.
By the end of the seminar, participants will have improved their practical knowledge on how to design state aid schemes in the field of environment and energy. They will be up-to-date with the ongoing discussions in Brussels and know about the expected changes in the near future that will have repercussions on national state aid policies.


text:
Holy New Martyr Elias Ardounis of Kalamata (+ 1686)
The Prodigal Son Interpreted Hesychastically
Triodion: Sunday of the Prodigal Son
Homily on the Prodigal Son (St. Cyril of Alexandria)
What It Takes To Be Saved
By the Waters of Babylon: The Great Fast, Our Exile
What is the "Byzantine" Empire? Lars Brownworth Ex...
Parable of the Prodigal Son from "Jesus of Nazareth"
The Bogomils and the Three Hierarchs
Orthodox Should Not Split Church and Secular Life
Buddhism Is Appealing to Westerners
Russian Cathedral May Appear Near Eiffel Tower
Russian Donation To Restore Kosovo Monasteries
History of the Feast of the Three Hierarchs
Turkey's War on the Cultural Heritage of Cyprus
The Relationship Between a Tsar Peter of Bulgaria ...
Finding of the Panagia Evangelistria Icon in Tinos
Turkey Is Worst Human Rights Violator
Spiritual Advancement Leads to Greater Humility
Translation of the Relics of Saint Ignatius the Go...
Churches Becoming Too Feminine
Andrei Tarkovsky's "Andrei Rublev" (1966)
The Spirituality of Andrei Rublev's Icon of the Ho...
Misery and Happiness in Middle Age: A Debate
St. James the Ascetic, Who Murdered Yet Overcame D...
J.D. Salinger and the Jesus Prayer
Russia May Restrict Destructive Cults
St. Isaac the Syrian on the Harm of Foolish Zeal
The Absence of Envy Among the Saints
King David's Tomb Renovated
Saint Ephraim the Syrian
St. Ephraim on the Enemy of our Salvation
The Testament of Saint Ephraim the Syrian
Capitalism and the Spirit of the Church Fathers
Contemporary Miracles of St. John Chrysostom
Translation of the Relics of St. John Chrysostom (...
Fasting Is Great, But Love Is Greater
Pope John Paul II Was A Self-Flagellator
A Patristic Text Elder Porphyrios Loved
Elder Philotheos on the Schismatic Old Calendarists
Dostoevsky's Spiritual Therapy
Apartment of St. Nektarios in Cairo
Why Russia Wants Its Orthodox Churches Back
Saints Xenophon, His Wife Maria, and Their Sons Jo...
Orthodox Nations Honor Their Saints
St. Gregory the Theologian: Marriage and Divorce
Clarification of Elder Philotheos' Position on the...
Elder Philotheos Zervakos on the Calendar Issue
On the Validity of the New Calendar by Elder Philo...
St. Gregory the Theologian's Principles of Theology
Even Saints Can Be Deceived About People
Scholar Describes Discovery of Solomon's Temple
Scholar Defends Existence of Solomon's Kingdom
The Major Heresies of Mormonism
117 Russians in Hospital After Drinking Holy Water
Saint Xenia the Fool for Christ of St. Petersburg
The Ceremony of the Opening of the "Triodion"
Icon Made of 15,000 Easter Eggs
"Attempts to Separate Orthodox Nations Futile"
The Church Fathers on the Publican and the Pharisee
Homily on the Publican and the Pharisee (St. Grego...
Homily on the Publican and Pharisee (St. Cyril of ...
Triodion Begins Today
Preparation for Great Lent
Synaxarion for the Triodion
Luminous Cross Appears In Skies Over Russia
Poll: Most Blasphemous Movie in Theatres
Russian Orthodoxy in Asia Today
Thoughts on Yoga Day USA, January 23, 2010
St. Basil the Fool for Christ: A Russian Animation
The Dogmatic Atheist
Saint Nektarios and the Military Officer
An Abortion Survivor Speaks
Hinduism In Modern India
The Fathers of the Orthodox Church on Abortion
Doctor Claims He Has Evidence of the Afterlife
Joan of Arc 'Relics' Confirmed To Be Fake
TOUCHSTONE Editor Blasts OCA Seminary
Serbian Orthodox Church Elects New Patriarch
OLD CALENDAR - NEW CALENDAR: THE FACTS
Trailer for the Russian Movie "Tsar"
Life of Saint Maximus the Confessor
A Picture Worth a Thousand Words: Theophany in Israel
Radical Islamic Outrage
A History of Greece...According to Headwear
Maximus the Confessor on the Church and Gospel
Understanding Through Doing
The Smallest Altar Boy
The Spiritual Father of Patriarch Kirill of Moscow
Serbian Church Divided Over Next Patriarch
The Muslim Plan for World Dominion
Christians Massacred, President Mubarak Silent
Holy New Martyr Zacharias of Patras (+ 1782)
The Teachings of St. Euthymios the Great
Unyielding and Unbending Regarding True Dogmas
The Frozen Bishop of Vyshhorod
Egypt Copt Killings: World Attention Sought
Commemoration of the Miracle of St. Basil the Grea...
A Miracle of Saint Nektarios in Jordan
St. Xenia the Fool of St. Petersburg (Feast Day - January 24)
On the twenty-fourth of this month we commemorate our venerable Mother, Blessed Xenia, the Fool for Christ's sake and Wonderworker of Saint Petersburg.
They that are at a loss invoke Blessed Xenia,
Who having lost all things, won Christ as her bridegroom.
On the twenty-fourth Xenia was in Heaven.
Our righteous Mother Xenia of St. Petersburg was born about the year 1730. She was married to a Colonel named Andrew; when she was twenty-six years old her husband died suddenly, having been drinking with his friends. Left a childless widow, Xenia gave away all that she had and vanished from St.Petersburg for eight years; it is believed that she spent this time in a hermitage, learning the spiritual life. When she returned to Saint Petersburg, she wore her husband's military clothing, and would answer only to the name Andrew, that is, the name of her late husband. She took up the life of a homeless wanderer, and was abused by many as insane; she bore this with great patience, crucifying the carnal mind through the mockery she endured, and praying for her husband's soul. She was given great gifts of prayer and prophecy, and often foretold things to come; in 1796 she foretold the death of Empress Catherine II. Having lived forty-five years after her husband's death, she reposed in peace at the age of seventy one, about the year 1800. Her grave became such a source of miracles, and so many came to take soil from it as a blessing, that it was often necessary to replace the soil; when a stone slab was placed over her grave, this too disappeared over time, piece by piece. Saint Xenia is especially invoked for help in finding employment, lodging, or a spouse.
The Gravestone of St. Xenia
The only record of "vital statistics" that has been left to us concerning Blessed Xenia is the epitaph on her gravestone:
In the name of the Father, Son and Holy Spirit.
Here rests the body of the servant of God, Xenia Grigorievna,
Wife of the imperial chorister, Colonel Andrei Theodorovich Petrov.
Widowed at the age of 26, a pilgrim for 45 years,
She lived a total of 71 years.
She was known by the name Andrei Theodorovich.
May whoever knew me pray for my soul that his own may be saved. Amen.
Blessed St. Xenia was a "fool-for-Christ," who, for 45 years, wandered around the streets of St. Petersburg, Russia. For the first 26 years of her life, Xenia had lived quite comfortably. However, after her husband suddenly died, the Holy Spirit led her to give away all her possessions to the poor. She put on her dead husband's clothes and called herself by his name, saying that Xenia had died. Homeless, she lived in the streets all year round for 45 years, owning only the ragged clothes on her back. The Holy Spirit also led her to give away her mind and her heart to God. By giving everything away, she became rich in humility, simplicity, self-denial, kindness, and deep and profound love for all. By pretending to be insane, she showed how insane the world and its values are. By denying herself the comforts of a home, a bed, decent clothes, food, and the appearance of being "normal," she helps us to examine what really is important in life, and what really is "normal." By her self-denial, Blessed St. Xenia daily died to her old self and daily lived only for God. She trusted totally that God would provide for her, as He provides for the birds.
During the day she wandered the streets, dressed in rags, enduring heat and cold, snow and rain, mocked by people. At night she went out into the fields and prayed all night, and at other times she spent the night at the Smolensk Cemetery. It was at this cemetery that she helped the workmen build the Church of the Smolensk Icon of the Mother of God (photo below), by secretly carrying bricks up the scaffold during the night.
One night the workmen hid to find out who was helping them, and discovered that it was "Crazy Xenia." Whenever someone gave her alms, she immediately gave it to the poor. As the years passed, the Holy Spirit filled Xenia with greater riches, and she became increasingly blessed. After a while, some people started to notice that "crazy Xenia" wasn't so crazy after all, but was an instrument of divine grace, to whom had been given deep spiritual powers: she could see into people's hearts and into the past and future, and appeared to people in visions. Anyone whom she touched was blessed. Because she gave up living for herself, she was able to live for others, helping those in need. She especially helped families, children and marriages, as she continues to do today.
After she fell asleep in the Lord, around 1803, she continued to help those who asked for her assistance. Throughout the 19th century, tens of thousands of people came every year to her grave, and countless miracles occurred. In 1902 a chapel was built over her grave in the Smolensk Cemetery, located on the western end of Vasiliev Island in St. Petersburg. This chapel has now been reconstructed (photo below), again welcoming the pilgrims who come there every day, and the miracles continue to occur.
For 200 years people have been turning to the Blessed one, and she has been helping them. Her great spiritual power and her deep love for people transcend the grave and are manifested daily. One of the most popular of God's "chosen ones," her canonization in 1988 was official recognition of what the faithful had long witnessed and experienced.
This is the actual icon of Blessed St. Xenia that is in the chapel over her tomb. In the background is depicted the Smolensk Orthodox Cemetery in northwestern St. Petersburg, where she spent much time, and where she is buried. The blue church and bell tower immediately behind the Blessed One is the Church of the Smolensk Icon of the Mother of God, which she helped the workmen build, as mentioned above. To the left of the Blessed One is a representation of the chapel over her tomb.
Apolytikion in the Fourth Tone
Having renounced the vanity of the earthly world, thou didst take up the cross of a homeless life of wandering; thou didst not fear grief, privation, nor the mockery of men, and didst know the love of Christ. Now taking sweet delight of this love in heaven, O Xenia, the blessed and divinely wise, pray for the salvation of our souls.
Apolytikion in Plagal of the Fourth Tone
In you, O mother, was carefully preserved what is according to the image. For you took up the Cross and followed Christ. By so doing, you taught us to disregard the flesh for it passes away, but to care instead for the soul since it is immortal. Therefore, O Blessed Xenia, your spirit rejoices with the Angels.
Kontakion in Plagal of the Third Tone
Having loved the poverty of Christ, you are now being satisfied at the Immortal Banquet. By the humility of the Cross, you received the power of God. Having acquired the gift of miraculous help, O Blessed Xenia, beseech Christ God, that by repentance we may be delivered from every evil thing.
The Glorification of St. Xenia in 1978 by Metropolitan Philaret in New York City
Posted by John Sanidopoulos at 2:58:00 PM
Labels: Marital and Relationship Issues, Modern Saints and Elders, Orthodoxy in Russia


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Put in Bay - Put-in-Bay School Open House Today!
Put-in-Bay School Open House Today!
In preparation for a new school year, the summer months gave us an opportunity to do some "spring cleaning" and maintenance at the school. The following is a list of some of the tasks we completed over the summer: repaired/replaced a broken drainage pipe; re-routed some internet lines; power-washed the building; cleaned all windows; painted stairways to locker rooms and gym hallway; installed a water dispenser in gym hallway; repaired some lockers; replaced stained ceiling tiles, waxed all tile floors, cleaned all carpets, and installed a door leading into the art room.
This year's motto is, "Explore, Dream, Discover." The individual attention our students receive is second to none. From our gifted/talented program to our Panther Pride program, from college course offerings to summer school intervention, Put-in-Bay School strives to meet the needs of each student. Our students are able to participate in community theater, sports, clubs, and activities. We are very fortunate to have so many opportunities for a school our size. This is a credit to our supportive local businesses and to community involvement.
Congratulations to Macy Ladd for winning the "Severe Weather Awareness Poster Contest" at the Ohio State Fair. Macy's entry was selected on it's originality, quality, and meaning. Congratulations also goes out to fellow seventh grader, Alice Lentz. Alice participated in STEM (Science, Technology, Engineering, Math) Camp this summer. She is very excited about pursuing a career in one of these fields after learning of all the possibilities.
Parents are encouraged to attend the Put-in-Bay School Open House on Wednesday, September 6 from 3:15 to 4:30. This is an opportunity to meet the teachers and hear about the academic goals for the year. Refreshments will be provided, along with free babysitting.
The date for Picture Day is Friday, September 15; Evacuation and Lockdown Drills are scheduled for Friday, September 29; and the Health Department Screenings have yet to be scheduled.
Don't forget to check our website, www.put-in-bay.k12.oh.us, for the latest school announcements. And again this year, we will be utilizing our "School Messenger" system to notify parents of important announcements and school closings.
This entry was tagged Bass Islands, Put in Bay Community, Put-in-Bay School. Bookmark the permalink.


text:
Harsh Cry of the Heron (Tales of the Otori #4) close
Science Fiction & Fantasy Books:
Harsh Cry of the Heron (Tales of the Otori #4)
Explore more Tales of the Otori
Orphan Warriors
Heaven's Net is Wide: Book 5 Tales of the Otori
Grass for His Pillow: Book 2 Tales of the Otori
The Harsh Cry of the Heron
Brilliance of the Moon: Book 3 Tales of the Otori
Explore more by Lian Hearn
The Tengu's Game of Go
Grass for His Pillow
Lord of the Darkwood
Autumn Princess, Dragon Child
Lian Hearn
Tales of the Otori
The world of the Otori has entranced readers since the first book in the Trilogy, ACROSS THE NIGHTINGALE FLOOR, was published in 2002. Now Lian Hearn again takes us back to a land that might be feudal Japan or may be another place altogether in the stunning sequel, THE HARSH CRY OF THE HERON. Find out who lives and dies, who conquers, and who is still loved. The story winds up to an unexpected and moving conclusion that will make you want to start reading the Trilogy all over again.Lord Otori Takeo and his consort Kaede have ruled for over sixteen years. The Three Countries are rich, peaceful and prosperous. The sacred birds, the Honou, nest at Terayama and a fabled creature, the Kirin, has appeared on their shores. Heaven seems to smile on them.Yet their very success has attracted the attention of the distant Emperor and his general, the warlord Saga Hideki, who covet all the wealth of the Three Countries, especially Takeo's heir, his eldest daughter, Shigeko, now of marriageable age.
Hachette Australia
Sci-Fi & Fantasy >
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10/01/2018 Senate Received in the Senate and Read twice and referred to the Committee on Finance.
09/28/2018-12:07pm House Motion to reconsider laid on the table Agreed to without objection.
09/28/2018-12:07pm House On passage Passed by the Yeas and Nays: 220 - 191 (Roll no. 414).
09/28/2018-11:59am House On motion to recommit with instructions Failed by the Yeas and Nays: 184 - 226 (Roll no. 413).
09/28/2018-10:36am House POSTPONED PROCEEDINGS - At the conclusion of debate on the Larson (CT) motion to recommit with instructions, the Chair put the question on the motion to recommit, and announced by voice vote that the noes had prevailed. Mr. Larson (CT) demanded the yeas and nays, and the Chair postponed further proceedings on the motion to recommit until later in the legislative day.
09/28/2018-10:36am House The previous question on the motion to recommit with instructions was ordered without objection.
09/28/2018-10:24am House DEBATE - The House proceeded with 10 minutes of debate on the Larson (CT) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add at the end the following new title: Title III - Effective Date; "Protect Medicare and Social Security Trust Funds Act of 2018"
09/28/2018-10:23am House The previous question was ordered pursuant to the rule.
09/28/2018-9:16am House DEBATE - The House proceeded with one hour of debate on H.R. 6760.
09/28/2018-9:15am House Rule provides for consideration of H.R. 6756, H.R. 6757 and H.R. 6760.
09/27/2018-2:02pm House Rule H. Res. 1084 passed House.
09/24/2018 House Placed on the Union Calendar, Calendar No. 746.
09/24/2018 House Reported (Amended) by the Committee on Ways and Means. H. Rept. 115-958.
09/13/2018 House Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 21 - 15.
10/01/2018 Received in the Senate and Read twice and referred to the Committee on Finance.
09/28/2018 On passage Passed by the Yeas and Nays: 220 - 191 (Roll no. 414).
09/28/2018 On motion to recommit with instructions Failed by the Yeas and Nays: 184 - 226 (Roll no. 413).
09/28/2018 POSTPONED PROCEEDINGS - At the conclusion of debate on the Larson (CT) motion to recommit with instructions, the Chair put the question on the motion to recommit, and announced by voice vote that the noes had prevailed. Mr. Larson (CT) demanded the yeas and nays, and the Chair postponed further proceedings on the motion to recommit until later in the legislative day.
09/28/2018 The previous question on the motion to recommit with instructions was ordered without objection.
09/28/2018 DEBATE - The House proceeded with 10 minutes of debate on the Larson (CT) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add at the end the following new title: Title III - Effective Date; "Protect Medicare and Social Security Trust Funds Act of 2018"
09/28/2018 The previous question was ordered pursuant to the rule.
09/28/2018 DEBATE - The House proceeded with one hour of debate on H.R. 6760.
09/28/2018 Rule provides for consideration of H.R. 6756, H.R. 6757 and H.R. 6760.
09/27/2018 Rule H. Res. 1084 passed House.
09/24/2018 Placed on the Union Calendar, Calendar No. 746.
09/24/2018 Reported (Amended) by the Committee on Ways and Means. H. Rept. 115-958.
09/13/2018 Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 21 - 15.


new Cold Hyrkanian Steel. Or post pics of what you have!
new Professional Wrestling...what is it all about????
new Finland. Prehistory, folk-lore and myth.
New Members Sign In. For general topics of interest not relating to REH, Comics, Authors & Movies.


Changing your business name seems like a simple decision. In today's day and age, however, changing your name is not a one-step process, especially if you are a local business and depend on calls and/or visits to your location. Forgetting any one of these details can result in lost business and slower growth.
Think of the internet as a library full of interconnected information. Each website gets its information from other websites to provide data to their audience. When you consider that there are thousands of websites that can provide data about your business to potential customers, you see how critical it is to make any change in a way that all websites will detect this new information.
Business changes such as a name change, relocation, or a phone number change must be immediately updated in all areas of the web or your business traffic will suffer.
Below is a list of details you need to remember when changing business information, along with a printable checklist for you to make sure no details are missed.
If you are going through a name change this seems like a no-brainer. However, while you are getting your logo reworked, it is a good time to have different aspects of your logo designed. This keeps the look of the business name but allows it to be used in different ways; letterhead, signage, social media, etc. Social media profile images tend to be square while letterhead and signage may have a different layout.
If you are starting a new business, check the domain name BEFORE you decide on a business name. While you are brainstorming, open up a domain search like at www.tupelohosting.com and do a quick search to see if the name of the business you are considering is available. If you are going to have profiles on social media, check to see if the name is available on them as well; consistency will help your customers find you if your .com name is the same as your Facebook, Instagram, etc name.
If you have an existing domain name, your website may have been mentioned in articles, Pinterest pages, discussions, and other areas on the web that cannot be changed. To make sure you don't lose potential website traffic, you need to set up a redirect that will take potential customers who type in your old domain name to your new website location (this is called a 301 redirect). You can google how to do this or have us do it for you.
A consistent look is crucial to a business. Customers relax with the familiar. If you aren't using a consistent name or logo it causes friction and confusion during your customer's experience with you.
As mentioned earlier, these websites list your business name, address, and phone number at a minimum. Others may include your website address, hours, and pictures of the business. It is vital to get this information updated on ALL websites to avoid confusing your customers and hurting your local rankings.
There are services that will help with this, but you need to choose carefully because not all do a good/thorough job. If you would prefer to do it yourself, do Google and Bing searches for your business name, address, and phone number (search each separately). Create a list of the business listings that result from each search. You will need to go to each website and update the information.
This seems simple, but it's a crucial step. Notification can be as simple as an email or social media blast, or more formal with a marketing campaign complete with specials that provide incentives for customers to visit your new website.
Don't forget to change small details such as your email signature, newsletter footer, online document content, and voicemail message!
The websites that contain business data are free listings that are not always updated quickly. If a website relies on manual updating, the change you submit may take a while; we have seen these changes take as long as 6 months.
Not all listings can be updated. Many websites simply pull the data from another resource. You will need to track it back to find the source of the information and update it there.
Once you update your business information on the source website, the information will automatically be updated on the end website that is linking back to that data. If you cannot find the source a website is pulling your business data from, we can help.
Would you rather not deal with it?
We understand. This process is both tedious and time-consuming, and the effects on your business can be significant. As part of our search engine optimization services, we have tools that we use on a daily basis that allow us to complete your business updates more quickly and that also do a thorough job at catching all websites that need to be updated.
It does still take time for any website that processes information updates manually as they need to process the new business information we send them, but you will be able to rest easy knowing we are covering all bases while you are busy working your business.


Students will synthesise knowledge and reflect on learning experiences attained during their studies in Biomedical Science. Students will engage in debate on contemporary issues and use their scientific reasoning to counter misunderstandings and misrepresentation. Students will consider wider societal issues involved in research, such as human and animal ethics, Māori and Pacific health advancement, and public health relevance and economic benefits.
An integrated combination of research in an advanced biomedical science research option, consisting of supervised practical work and independent critical analysis of research in the field.


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If you would like to help us to achieve our goals, please consider making a donation.
Your contribution will go in full towards the programme of your choice, since our administrative costs are already covered.
To send us a cheque or set up a standing order please contact us for further information.


Can the web build brands?
I remember trying to launch Priceline in the UK in 1999 — we bought every banner you could, make great ads and no one knew what Priceline was when we were done. Now that was 1999, but the same problem happens today. Jerry Neuman makes an interesting case — direct mail has also chased brand building budgets and even though you can produce a stunning card, it hasn't succeeded.
Of course to me the question really is moot — as TVs become more connected and video search extends to the living room TV will be more like the web with all of the ad auctions, targeting and remessaging that we see online.
The question is what wil the ads look like then?
As I like to say, when we realized we could do direct mail, we didn't put a poster in the post. And when direct mail shifted to email, the formats all changed again.
So what will become of the 30 second spot when the TVs are all connected?
What If Online Doesn't Work For Branding?
Jerry Neumann is a partner in Neu Venture Capital, a New York City-based seed-stage investor group with investments in 33Across, Metamarkets, PerformLine, The Trade Desk, Optim.al, Media Armor, and Yieldbot among others.
Jokes all start with one of a few stock set-ups. "A man walked into a bar." But the punchlines are all different. VC pitches are the opposite: the set-ups are all different, but the punchlines are all the same.
Stop me if you've heard this one before. "We enable the half of advertising that is not yet online: brand advertising!" Been hearing that one for more than ten years now. It permeates the hopes and dreams of every adtech entrepreneur and investor. And still no one has cracked the code.
Lack of creativity in formats.
The prize is huge. As Tim and Tim point out, two-thirds of advertising spending is brand advertising, but online only one quarter is. In fact, if brand advertising dollars moved online in the same proportion that sales advertising has, it would almost exactly close the famous gap between time spent online and ad dollars spent online. The $50 billion gap that Mary Meeker mentions is exactly equal to the missing brand spend.
I understand the urgent desire to figure out online brand advertising. If we did, we'd more than double the online advertising market. Online pubs would rejoice, online marketing pros would have more excuses to go out drinking with prospective clients, my portfolio value would quintuple overnight. Good things all. And I appreciate the optimism that Tim and Tim have, their willingness to keep suggesting solutions. But I think it's the triumph of hope over experience. Each of the proposed solutions has been tried, and tried and tried. And still we believe that this time it's different, that this year an online branding play will work. Online video maybe, or Facebook, or Pinterest. Every new company is touted as the one that will make branding work online.
But what if we try all these things, like we've tried everything before, and they don't work? What if we eliminate all the possibilities and what remains is… nothing? I'm going to be branded a heretic for saying this, but what if online just doesn't work for branding?
A year ago I published a post internally at JWT, and here on Altacircle, talking about why agencies need to learn software development. The argument was that all good digital marketing is software at the end of the day, and that as long as most agency personnel respond with the expression "but I'm not technical," it will be hard for us to do good digital marketing. Today Joe Lozito, SVP Technology at Digitas, published a piece on Digiday titled "Why Marketers Need to Think Like Developers" on the same theme.
A big part of my argument from a year ago was that as our advertising / marketing industry changes, this is a big an opportunity. IT spending is over 3 times advertising spending and as advertising become more technical, it is likely marketing will call on IT to divert funds from internal infrastructure projects to technical projects that are consumer facing.
Just this past December, Gartner has published its predictions for 2012 and has stated that by 2015 they expect 35% of IT expenditure to be managed outside of the IT department. This can be seen as a threat if those budgets are handed to traditional IT partners like Accenture or the new breed like Sapient, but it is also an opportunity if the overall IT expenditure remains the same and the funds are shifted to teams that understand consumer needs and how to make a compelling user experience.
Of course these moves don't happen overnight. Technical projects include technical people and they have every right to question the capability of their partner doing the work. So once again, agencies really do need to learn software development.
If you feel like giving up a whole 30 minutes and hear the agency perspective on the shift of advertising dollars from traditional to digital channels, here is yet another BIG chance!
myself (sitting in for Bob Jeffrey).
Interesting highlights from my perspective?


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She's So Hard is the second EP recorded and released by Australian four-piece musical group The Jezabels. It was released independently on 6 November 2009 through MGM Distribution.

The single "Easy To Love" came in at number 49 in the Triple J Hottest 100, 2010.

Track listing
All tracks written by Hayley Mary, Heather Shannon, Sam Lockwood, and Nik Kaloper

References

2009 EPs
The Jezabels albums

redpajama_set_name: RedPajamaWikipedia


Don't we all love water bubblers? Wow! those jets of cold water to cool us down, especially in the summer. Whoever thought of such a wonderful fun thing? But did you know that people used them as taps long time ago. It was not used for fun but just as a tap.
Fountains were first found in 6th century (almost 1500 years) ago by the Greeks. Ancient Greeks were the first to make aqueducts ( channels for water supply) and fountains. According to the historians fountains existed in Athens and other Greek cities as taps that brought water to the cities from springs or other clean water sources. Women in those times used to carry their pots to the fountains to get fresh water.Greek fountains were made of stone or marble, with water flowing through bronze pipes and emerging from the mouth of a sculpted mask that represented the head of a lion or the muzzle of an animal.


Great cast metal bird charms/pendants which are cast from lead and nickel free base metal then plated in copper, a turquoise patina is then added. **PLEASE NOTE: To preserve the patina, I suggest you coat these with Renaissance Wax or a clear varnish.
Love these birds! Great size and finish.
Wonderful little birds. Great size.


Buy these Grab 'n Go bags with Easter-theme labels. This is the perfect way for parents, grandparents, or the Easter Bunny to stock up on goodies from Ruth's Toffee without breaking the bank.
Coupon code Buy10 will give you a free bag when you buy 10 bags shipped to the same address.
Coupon code FreeShip will give you free shipping on any orders of more than $100 shipped to the same address.


10 foods Igbo people CANNOT resist!!!
Igbos are the predominant people of South-Eastern Nigeria, known for their rich culture, business acumen and vibrant beauty!
4. Aki na Ukwa - Read more about this food in this story by Daniel Nkado!
9. Ede Mmachu (Boiled Cocoyam) - Read more about this food in this story by Daniel Nkado!
10. Ji Ahuru-ahu (Roasted Yam) - Read more about this food in this story by Daniel Nkado!
Which one of these dishes do you know and have tried?


A secluded country cottage with a hot tub in the garden makes for a truly relaxing holiday. Cottage breaks are becoming more and more popular, and with so many beautiful properties right here in the UK it is easy to see why.
For those of you who are looking for something extra special then why not consider the luxury of your own cottage with a hot tub, this means you have your own private hot tub in the garden, making your break something to remember and extra special.
If you are a family, then what better way for mum and dad and relax in the hot tub while keeping an eye on the children whilst they play in the garden, or if you are a couple then how romantic is it to watch the sunset with a chilled glass of wine in your very own hot tub.
The hot tub cottages are clean and welcoming, and furnished to a high standard as you would expect. Having the privacy of a secluded cottage really does mean you relax as soon as you walk through that door, and by the time you are unpacked and soaking in the private hot tub, you everyday life will seem a world away.
All of the locations of the cottages with the tubs are selected with you in mind, so no matter what you are looking for you will find the luxury break you want and deserve.
A romantic break near Oxford?
If it is romance you are looking for then why not think about Oxford. Summer Town is in the north of Oxford which has many lovely restaurants both along the river and in the up and coming town area. You Can take strolls along the river bank stopping at the many pubs on route to try some local produce, or if shopping is more your thing then not only has the town got a good selection of shops, but close by is the famous Bicester shopping village which has over 130 luxury as well as high street outlet stores where you can grab a bargain. Take a peek at a selection of cottages in Oxfordshire that have a hot tub. A spell in the hot tub is something to look forward to after exploring Oxford and shopping!
If a family getaway is what you are after then Devon offers some truly stunning towns and villages that have something for all ages. Torquay is lovely town that's lively in the summer months with great things to do for all the family, Babbacombe in Torquay has some stunning beaches that look like the belong in the Med, and the main town of Torquay has so much to see and do, and then after a lively fun day what better way to relax at the end of it then with a soak in the hot tub. A good number of self-catering cottages accept pets, which usually means dogs. Check out pet-friendly holiday lets in Devon with a hot tub.
So no matter what you are after, consider booking a cottage break with a hot tub for that extra special break you will never forget.


In light of the recent #MeToo campaign going viral, here are some tips on how to talk to your child about this sensitive topic.
It's gone viral. Across social media, women are sharing their stories of sexual harassment and assault. When you read those social media posts, you get a deeper understanding of how prevalent sexual harassment is. Even though many of these stories might have been from many years ago, sexual abuse and harassment are still happening today and it can happen anywhere and to anyone – including children. In fact, one in four middle school students say that they have experienced verbal or physical sexual harassment at school, according to a 2016 study by Science Daily.
More shocking, recent findings from the Making Caring Common Project of the Harvard Graduate School of Education show that despite the pervasiveness of sexual harassment among young adults, 76 percent of the over 3,000 young adults researchers interviewed had never had a conversation with their parents about sexual harassment, misogyny or mature relationships.
If your child has asked about the #metoo campaign, or if you're not sure how to broach the subject, here are some tips from experts.
According to Dr. Diane C. Pomerantz, a psychologist who has done extensive work in the areas of trauma and child abuse, one of the most important thing parents can do is keep in mind that this is a broad child-raising issue that is not only to be directed to their daughters, but to their sons as well. "This is not a male or female issue, it is a human issue. Both boys and girls need to be taught what to say and what to do when they experience or witness sexual harassment happening."
At the same time, it's important to keep in mind the age and cognitive/emotional development of your child. Dr. Pomerantz recommends re-framing the discussion so it addresses what to do when confronted with harassment or bullying of any kind. This can be broached from a very young age and provides your child with a broad respect for human values in relation to others.
When broaching the topic of sexual harassment with young teenagers, first discuss what it means to have a healthy romantic relationship. "Teenagers are just at the beginning of their learning about relationships. They need assistance to know whether or not what they are dealing with is a healthy or not a healthy relationship," says Dr. Pomerantz. Stress the fact that a healthy relationship should not make you feel uncomfortable, scared, intimidated, ashamed or embarrassed and should always include mutual respect and compromise. Share some examples from your own experiences -- whether it be your own or that of someone in your family or social circle -- to help your child begin to define their own ideas about the meaning of a loving relationship.
Once your child understands what sexual harassment looks like, encourage your child to take action if it occurs to them or someone they know. First, name it. "Sexual harassment NOT bullying! It must be called what it is," says Dr. Pomerantz. Next, write down all the details of the event. Finally, tell a trusted adult and report it to the school or to the authorities.
"It is essential that kids know that they have a voice and they need to speak up and use their voice when they experience or see sexual harassment occur," says Dr. Pomerantz. When kids stand up for themselves and one another, we take great strides in putting an end to sexual harassment and abuse.


It's not just the kids who have all the fun however, with excursions such as the Ferrari World Day Trip appealing to petrol heads young and old alike, while a visit to such iconic landmarks as the towering Burj Khalifa will be top of the itinerary list for the entire family.
The legend of the Lost City of Atlantis exists in the form of Dubai's Aquaventure Waterpark, situated within the visually stunning confines of the Palm Islands on the city's coastline. This adrenaline rushed attraction boasts 42 tropical-acres of waterfalls, tidal rivers, slides and a dedicated children's pool area.
An unforgettable journey into marine life, kids and adults will marvel at the gigantic aquarium on the ground level of the Dubai Mall. One of the largest suspended aquariums in the world, you will be mesmerised at around 140 species currently inhabiting its waters, with varying ways of experiencing the attraction which also includes an immersive virtual-reality wildlife tour and an underwater zoo housing giant Saltwater crocodiles.
The polarizing beauty of a desert expanse incorporating winter sports is in full view with a family-friendly visit to Dubai's indoor Snow Park. A truly multi-purpose snow sports experience, try your hand at tobogganing or the twin-track bobsled, while younger children or less daredevil inclined adults can discover the interactive snow cavern or simply admire the penguins sauntering through the park.
The ultimate activity for father and son to escape for a day of indulgence at the Ferrari theme park on Yas Island. Formula 1 fans and enthusiasts of one of the world's most captivating car manufacturers can explore one of the world's biggest indoor attractions of its kind, where you can enjoy state-of-the-art racing simulators and roller-coasters before putting the brakes on for a bite to eat or checking out the Ferrari shops.
A suitable visit for all ages, the world's tallest building in the world is a must-see Dubai attraction. If you can prize the children away from the seemingly endless availability of adrenaline rushed activities in the city and instil an element of culture, particularly for older kids, they will be grateful come the end of the trip. Dominating Dubai's skyline, the Burj Khalifa incorporates the city's unrelenting style and ambition within 830-metres of jaw-dropping grandeur. Stand at the top of the world and visit the 124th floor for mesmerising views across the city. Ensure you book in advance for your preferred time slot, with the sunset slots naturally very popular with tourists.
Young or old, experienced skaters or complete beginners are all welcome at Dubai's Ice Rink. Discounted skate prices for children and dedicated sessions for families and tots ensures an unforgettable experience within the impressive backdrop of the new Olympic-sized ice rink.
Get in touch with your Travel Counsellor today to find out more about this fantastic family destination and to create a tailor-made holiday perfect for you.


Google announced on August 15, 2011 its acquisition of Motorola Mobility, the biggest acquisition this online search and software company has ever made. It is interesting enough that Google chose to perform a strategic alliance with Motorola Mobility. Motorola is a great American company with a rich history of innovation including the invention of the first cell phone. As a result of this acquisition the expected result is to utilize Motorola Mobility's IT resources to help maintain that sustainable competitive advantage. With Motorola Mobility now being under Google, the company would benefit from the expertise of the existing Motorola engineers and employees, and would be able to more closely integrate their Android OS with hardware, allowing them to compete with Apple's Iphone/IOs.
In fact in terms of mobile operating systems Apple was first to come out with their IOs in 2007, before Google later came out with Android in 2008. This is a classic example of one of Porter's "Five Competitive Forces" described in Figure 2.3 in the Managing & Using Information Systems book, Pearlson & Saunders, (P.52). Android could have been seen as having a barrier to entry when compared to IOs, falling under the category of Potential threat of new entrants. However Android maintained its competitive advantage over Apple by keeping the mobile operating system open source, similar to Linux operating systems.
In the article "IT Doesn't Matter", Carr makes some good points, and provides some excellent examples of how companies have used IT for a sustainable competitive advantage. The two companies referred to more than once interestingly enough were Wal-Mart and Dell, and how they have been "able to turn temporary technological advantages into enduring positioning advantages." I would have to disagree with Carr when he states that the opportunities for gaining IT based advantages are becoming less and less. Information Technology is here to stay will continue to influence how we live our lives, and do business. Companies who may not have a particular type of IT expertise or knowledge may depend on IT consulting companies, who would then assist these companies in becoming more competitive by using IT based strategies. As an example, I used to work for Accenture, and the slogan they have fits their description perfectly, "High Performance, Delivered". Essentially this means that as an IT Consulting Company their mission is to transform companies and organizations lacking a particular set of IT expertise, into high performers with a competitive advantage in their respective industries.
Managing and using information systems: a strategic approach, Pearlson, Kari E., Saunders, Carol S.
2462 words - 10 pages dilemma: when new technologies cause great firms to fail, Boston, Massachusetts, USA: Harvard Business School Press. Christensen, Clayton M. & Overdorf, Michael. (2000). "Meeting the Challenge of Disruptive Change" Harvard Business Review Johnson, Mark, Christensen, Clayton, et al, 2008, "Reinventing Your Business Model, Harvard Business Review. Rip Empson (29 July 2013). "Yahoo And Google Are Both Spending Big Money On Acquisition Sprees And What That Says About Their Futures". TechCrunch. Stross, Randall (September 2008). "Introduction". Planet Google: One Company's Audacious Plan to Organize Everything We Know. New York: Free Press. pp. 3–4.


We are presently presenting the extremeley popular Sunset: Going Fishing (The Sunset Villa Retirement Community Book 1) for a reduced price. Don't miss it - buy the Sunset: Going Fishing (The Sunset Villa Retirement Community Book 1) here today!
Getting old never gets old at the Sunset Villa Retirement Community. Follow the shameless adventures of the elderly in their hilariously pathetic struggle to get the most out of the little they have left. A must read for all ages!


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Q: Why SQL logical operators do not work in c# command? I want to get IDs between Startpoint and EndPoint but I can not Filter query.When I write command without greater then and less then operators it works but searchs all table.
I can't figure out how to fix this. Here's my code; please can you help me?
public async Task<int> TaskSearchSqlTweetIDText(string TweetText, string Query, int StartPoint, int EndPoint)
    {
        SqlConnection conn = new SqlConnection(Tools.ConnectionString);
        SqlCommand comm = new SqlCommand("select ID from Tweets where @VsTweetText=TweetText and ID<@VsEndPoint and ID>@VsStartPoint", conn);

        comm.Parameters.AddWithValue("@VsTweetText", TweetText);

        comm.Parameters.Add("@VsStartPoint", SqlDbType.Int);
        comm.Parameters["@VsStartPoint"].Value = StartPoint;

        comm.Parameters.Add("@VsEndPoint", SqlDbType.Int);
        comm.Parameters["@VsEndPoint"].Value = EndPoint;

        if (conn.State == ConnectionState.Closed) conn.Open();

        object sonuc = await comm.ExecuteScalarAsync();
        conn.Close();

        if (sonuc != null)
        {
            return (int)sonuc;

        }
        else
        {
            return 0;

        }
    }

A: If you get more than 1 entry from the query in SSMS, you might want to look into the criteria - why is it returning more than one entry. Tighten the where clause, make it precise.
where @VsTweetText = TweetText
    and ID < @VsEndPoint
    and ID > @VsStartPoint

But if you want to get only first entry (if you do), then use this:
select top 1 ID from Tweets
where @VsTweetText = TweetText
    and ID < @VsEndPoint
    and ID > @VsStartPoint

because you are using ExecuteScalarAsync which can return only a single scalar object.

A: You don't state this in your question, so I assume that you're not getting any results back from the query as it is?
Probably there are simply no Tweets with IDs strictly greater and strictly smaller than the range you're providing where the TweetText matches. You could debug to see what the values for StartPoint and EndPoint are and if there really is an ID in the database that's strictly between them where the TweetText matches.
You could change your statement as follows to include the values for StartPoint and EndPoint.
select ID from Tweets
where @VsTweetText = TweetText
    and ID <= @VsEndPoint
    and ID >= @VsStartPoint

or even
select ID from Tweets
where @VsTweetText = TweetText
    and ID BETWEEN @VsStartPoint AND @VsEndPoint

Please also note that the statement above may very well return more than one record, but you're using ExecuteScalar in your code, so you're using the first ID you encounter - randomly. If you're really only interested in one ID, you should modify your query so that it is more predictable which one is chosen.
Maybe like this:
select top 1 ID from Tweets
where @VsTweetText = TweetText
    and ID BETWEEN @VsStartPoint AND @VsEndPoint
order by ID desc

Which would return the biggest ID found within the range.

redpajama_set_name: RedPajamaStackExchange


Making your own hemp milk is easier and less expensive than buying it. Plus you don't get all those crappy added ingredients when you make your own. Most especially carageenan, a processed seaweed derivative, which is correlated with colon cancer, is known to destroy epithelial cells and to promote inflammation in the digestive tract.
I use Nutiva shelled hemp seeds which I buy from vitacost.com at a discounted price.
I mostly use my homemade hemp milk for smoothie making, in which case I skip the maple syrup. I also use it to make Chia Seed Pudding, Guilt-Free Chocolate Pudding or any other recipes that calls for nut or seed milk.
I often halve or quarter the recipe, as I do not normally use 3 cups of hemp milk within 4-5 days. Half recipe: ¼ cup hemp seeds, 1 ½ cups water ½ tablespoon maple syrup, pinch sea salt. Quarter recipe: 2 tablespoons hemp seeds, ¾ cup water, a little less than 1 teaspoon maple syrup, pinch sea salt.
There will be a tiny bit of a very fine sediment that falls to the bottom of the jar of your homemade hemp milk. This is edible and is not grainy or displeasing to drink.
1. Place all ingredients into a high-powered blender and blend for 60 to 90 seconds or until ultra smooth. Store your hemp milk in the fridge for up to 5 days. Use it in recipes wherever milk is called for.


Captain Justice (Horwitz Publications Inc. Pty. Ltd., 1963 series) has been grouped as part of a series of titles with related contents.
John Ryan reports in Panel by Panel that "New Century Press contracted [Monty Wedd] to do 23 Captain Justice stories for £102 per issue" (p. 131). Ryan also reports the first issue was published in December 1950 (p. 200).


An innovative proposal for re-use as a "landbridge" park could not save the Riverside-Figueroa Bridge. A lawsuit could not save it. Los Angeles Historic-Cultural Landmark Number 908 is on its way down.
The Riverside-Figueroa's existing steel span structure dates to the late 1930s. The concrete-arched abutments date to the late 1920s.
In the name of safety and based on indefensible 25-year traffic projections, the city of Los Angeles' Bridge Program is spending nearly $70 million to replace the bridge's two-lane pinch-point with a freeway-scale 4-lane speedway.
The Eastsider already ran some great aerial photos of the demolition. SBLA complements that coverage with this demolition sequence photographed by Daveed Kapoor. The new freeway-scale bridge, half-completed and already open to car traffic, is visible in the upper left of the photos.
See more of Daveed Kapoor's work at his Instagram feed @daveedkapoor and his architecture practice website Utopiad.org. For more history on this unique landmark bridge, see this L.A. Creek Freak piece.


If you're looking to stun your house guests at the get go, but don't want the added kitsch, geometric prints are perfect for adding visual interest into any room. This motif can be a simple way to avoid monotony without overdoing it by combining clean lines and sophisticated patterns. The right balance of textures, prints, and hues can transform any space in your home into a strikingly polished and modern space. And WallsNeedLove has curated the ultimate collection of stunning squares, diamonds, triangles and other angular designs for your space.
The Sleek & Stunning Geometric Shapes Collection perfectly knock together both modern and classic geometric themes that's perfect for any room in your home. From monochromatic to colorful patterns, geometric decor is versatile and can mesh well with almost all interior design styles and room function.
Incorporating geometric patterns into any living space can give a unique touch of modern luxury and flair. Just be sure to have the right balance of shapes and colors that would complement each other well.
Ready to go angular? We've got you covered. From removable wallpapers and wall murals, to art prints and duvet covers, the Sleek & Stunning Geometric Shapes Collection has the perfect range of striking shapes to add a dash of modernity and good taste to any space. Check out more geometric patterns and prints from WallsNeedLove here.