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Appeals will end in 'black eye' for gov't
17 Feb 2019 - 12:14PM
Jomo Sanga Thomas is a lawyer, journalist, social commentator and Speaker of the House of Assembly in St. Vincent and the Grenadines.(iWN file photo)
By *Jomo Thomas
("Plain Talk" – Feb. 15, 2019), originally captioned "Law, Politics and Ideologues"
The apparent intention of the government to appeal the two recent court decisions rendered against it is highly regrettable. Although there is nothing procedurally improper or illegal about the government's decision to appeal, such course of action delays any serious effort to fix the gross deficiencies identified by Justice Henry in the Public Service Union (PSU) case.
As regards the "NDP teachers" case, an appeal to the Privy Council may evidence that official, high in the state administration, are nothing more than suckers for punishment since the chance of overturning that decision is remote at best and suicidal at worse. Or there may be a more sinister motive, to "dance" the teachers and union a little more, thus frustrating their attempts to settle into normal life once again.
In the decision about the state of the public service, the shocking disclosure is that the Public Service Commission tendered no evidence to meet or counter the case mounted by the PSU. Court watchers knew, long before the decision came down, that the Public Service Commission (PSC), and by extension the government would ultimately suffer a "black eye".
Therefore, Justice Henry's conclusion that the PSC "failed to comply with the regulations in respect of promotion" even then appeared all but inevitable. Even more damning was the court's ruling that the Cecil "Blazer" Williams-led PSC "failed to observe principles of fairness, transparency and objectivity" in respect to promotion of civil servants.
There is little or no chance that the Court of Appeal will find reason to trouble the fundamental findings of Justice Henry. Sadly, the decision to appeal may delay Justice Henry's order, which commands the PSC "to establish and implement forthwith and maintain an efficient, transparent and effective performance appraisal and promotions regime within the public service, including a robust and functional monitoring and corrective mechanism".
These finding and orders are so devastating that rather than waste time and money with an appeal that is bound to fail, the government should use its energies to clean out the PSC and put in place the machinery that will shore up sagging morale and rebuild a civil service fit for these pressing and demanding times.
In its purported appeal against the "NDP teachers", the government will have an even more daunting task. In the trial, Justice Cottle found the teachers case was "entirely hopeless" with no chance of success. On appeal, a three-judge panel of judicial heavy weights comprising Chief Justice Janice Pereira, Justice Gertel Thom and Justice Davidson Baptiste found that agreement government signed with the Teachers' Union did not violate the constitution:
"There was nothing in the provisions of article 16 qualifying the appellants to be elected to parliament. It was open to the government to initiate the requisite steps for parliament to prescribe exceptions and limitations to the disqualification imposed by section 26(1)(d) of the constitution. The fact that this was not done does not transform a provision granting leave to contest a general election into one that violates the constitution. Further, the provision of article 16 speaking to the return to teaching posts or post of equivalence to the public service, without loss of benefits, cannot be said to violate the constitution."
That was the fatal dagger right there. But there was more. The court found that the teachers had a legitimate expectation that article 16 of the collective bargaining agreement allowed them to return to their post or one of equivalence if they failed to gain election. The court also found that by refusing to rehire the teachers the government violated their constitutional right to property. The government was ordered to pay on assessment damages for breach of the teachers' property rights as well as cost of the appeal and in the court below.
Central to the government's thinking about the appeal may be the fact that the court did not find bad faith. This line of reasoning may be akin to "fool's gold". The court did not say that there was not bad faith. What it did say was that the teachers did not exhibit sufficient evidence to prove bad faith. The Privy Council may find otherwise. It may go "global" and conclude that apart from what the appellants offered, there was the failure of the government to use the machinery of the state to tweak the exceptions and limitation in section 26 of the constitution.
The government heralded the collective bargaining agreement as a triumph for its pro-labour policies and then walked away from the agreement. The government, through the PSC put up Section 26 of the Constitution as a bar to the teachers when they applied for leave. But as the court opined, the government ought to have known the law of the land. Therefore, its fall back position that the agreement was purely aspirational may irk the law lords. Taken together, the Privy Council may contextualise the entire matter, disagree with our Court of Appeal and find bad faith.
A Privy Council ruling that upholds the Court of Appeal decision could be a mortal wound if it is rendered as electioneering for 2020 reaches fever pitch. It can be even worse if the Privy Council finds the government guilty of bad faith. But that is not all. It could get worse. The teachers argued that they were constructively dismissed. The Court of Appeal made no ruling on this point. The Privy Council could agree that the teachers were forced to resign once government refused to honour its promise. If it does the government will now be compelled to pay even more money to these teachers whose teaching careers were cut short because of the government's refusal to rehire them after the 2010 elections.
There may be method to the government's decision to pursue these appeals. Remember the Sol negotiations, the argument then was that Sol should have been "danced" a little more. If the intent is simply to make the teachers dance it will amount to callous disregard for the lives and livelihood of citizens. These men suffered enough and should be immediately made whole.
Otto Sam lost his salary, and as a result could not care for his family. His family's health and house insurance lapsed. He was unable to pay his mortgage and almost lost his home. Yet the government appealed Master Moise's award of just over $100,000 in damages. The teachers, Daniel, Johnson and Thomas, would have gone through a similar hell.
Their nightmare should be ended now. The cost of the appeals and the continued suffering is too much for our society to bear.
*Jomo Thomas is a lawyer, journalist, social commentator and Speaker of the House of Assembly in St. Vincent and the Grenadines.
The views expressed herein are those of the writer and do not necessarily represent the opinions or editorial position of iWitness News. Opinion pieces can be submitted to news.iwitness@gmail.com.
7 replies on "Appeals will end in 'black eye' for gov't"
C. ben-David says:
17th February 2019 at 1:16 PM
1. The state has a legal right and duty to the people to appeal if it believes errors in law were made by the appeals justices. Of course, the attorney for the former teachers would have to say that this appeal would fail at the Privy Council.
2. A much more general point (and actually irrelevant to the current issue) is why should civil servants be given the privilege of retaining access to their jobs while running for office or returning to them after years of elected service when such privileges are generally denied to those working in the private sector? (Yes, I know there is much variation in this from country to country.)
Jomo is right. I applaud his judicial character. No matter what you say, there is a law and the government should have gotten rid of that law if it is so bad. Why didn't they. They certainly use it when it suits thier purpose but they do not like it when it serves the opposition.
Are you saying the government has a duty to waste the people's tax money? Are you that corrupt and terrible lawyer that makes comments all the time?
Jomo are you trying to use reverse psychology on us? Why are you using intellectual traditions instead of the actual human experiences to make whatever point you are trying to make? Everyone knows that an appeals court doesn't look at the substance of the case but rather examines whether or not the Judge applied and followed correct legal procedures in judging the case. One the other hand, the present Government is playing poker and is bluffing trying to outbid the PSU. Frankly, it looks like the government is denying the people their civil rights. Why can't the ULP respect the ruling and compensate the aggrieved persons for the injustice they suffered? Freedom and dignity come with a price maybe we[SVG] should start to consider that price. Our country is in deep moral crisis.
18th February 2019 at 7:19 AM
Jomo are you trying to use reverse psychology on us? Why are you using intellectual traditions instead of actual human experiences to make your point? Everyone knows that an appeals court doesn't look at the substance of the case but only examines whether or not the Judge applied and followed the correct legal procedures in judging the case. The present Government, on the other hand, is playing poker and is bluffing trying to outbid the PSU. Frankly, It looks like the government is denying the people their civil rights. Why can't the ULP just respect the ruling and compensate the aggrieved persons for their suffering? Freedom and dignity come with a price maybe we[SVG] should start to consider that price.
Joker on mandrax only trowing soot in d food again.
21st February 2019 at 12:24 AM
bwoay da potatoe-shape hed fella look laik a rail cammik
lard, da potatoe bun up bad!
butt dem say e wel edukatid
dis jus gud fo play ol mas
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Here are some of my Graphicnotes from the event held in Cincinnati in 2014. The group explored Persona development. I'm not speaking about Stereotyping, but raw persona development.
Wow! What an incredible time with some of the best experiential thinkers you'll ever meet. In 2015, the group heads to Atlanta to take on new experiences and apply more of the principles to enrich their thinking and their offerings.
If you're interested about attending a thinkAbout, click on over to the official site: Strategic Horizons and read more about the events. The event is not open to the public, but I have a few alumni contacts that would be willing to share their membership with you.


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Home New Mexico History New Mexico Ghost Towns Chloride, New Mexico
Chloride, New Mexico
Silver Boom Town
Of the many ghost towns in Sierra County, Chloride, New Mexico is my favorite. There are more historic buildings left standing than there are residents remaining. My second favorite is Monticello, but that has more to do with a love of caprese salads and the world class balsamic made there. More on that in a separate post.
Though the ghost towns of Colorado and California are well known, New Mexico's ghost towns are less frequently explored, though plentiful, with many communities still sparsely occupied, frozen in time in many ways. Due to intense gold and silver mining in various mountain ranges throughout New Mexico, there are regions with several worthwhile stops in rapid succession. Exploring these communities is an ideal day trip for anyone with a love for ghost towns.
Sierra County Ghost Towns
Sierra County has a lot of old mining towns, with a cluster near Truth or Consequences (aka T or C). Most of them are conveniently located on The Geronimo Trail National Scenic Byway. There are also three towns that were flooded when Elephant Butte Lake was created, but those, of course, are inaccessible unless you are a scuba diver.
The mining boom in the Black Range and the Gila during the late 1800s spawned dozens of mining camps. In areas with profitable mines, the tent cities rapidly evolved into communities, with the most prosperous experiencing rapid population growth until the silver market collapsed in 1896.
These communities varied in character. Some set the precedent for the bawdy old west mythos of brothels, gamblers, saloons and shootouts. Some were quiet, calm communities of law abiding, god fearing folk. For example, Kingston and Chloride were party towns, with an impressive ratio of saloons to citizens, and a dearth of chapels. Winston was established by people who thought Chloride was uncivilized. They established a separate village a few miles down the canyon.
The 11 remaining residents of Chloride live in a former boom town frozen in time. Though today the streets are quiet, this was a rowdy community of miners, gamblers and ranchers during the 1880s. The residents weren't lawless so much as known for excessive partying and the associated lapses in good judgment that go along with that. Twenty seven of the original buildings remain. Several have been restored.
Carving out a Community in Apache Country
This area was not a safe place to wander in the late 1800s. Bands of Apache hunted the mountains and canyons in this region. Trespassing on their land was somewhere between dangerous and fatal. Anyone who believes that Native Americans are not proprietary about their land has never lived near Apache or paid attention to the history of the southwest.
Victorio, the chief of the Chihenne, one of four bands of the Chiricahua Apache tribe in southwestern New Mexico, patrolled the region with his warriors. Attacks on settlers, miners, freight and towns were commonplace.
Chloride's Origin Story
Chloride's inception would make a great movie. In the late 1870s an Englishman named Harry Pye had a contract with the U.S. Army to haul freight to the Warm Springs Indian Reservation.
In 1878 he was delivering freight to the reservation when he was forced to hide out in a canyon on the eastern slope of the Black Range for a couple of days to avoid Apache scouts. He camped in brush near a creek. While biding his time he found 'float' in the creek bed that looked promising. 'Float' refers to rocks washed down from higher elevations during floods.
Harry pocketed the rocks. He managed to elude the Apache and completed his delivery. When he got the rocks assayed, he discovered they were rich in Silver Chloride. Though he was eager to find the source of the silver, he didn't immediately head for the hills. Instead, he completed his two-year contract with the army and kept his discovery a secret until his stint was complete. At that point he looked for partners, because mining solo was a suicide mission.
Due to the certainty of Apache attack, most of the locals weren't enthusiastic about accompanying him. Finally, he found two newcomers from Kansas who were eager to strike it rich. Pye tantalized them with tales of a silver ledge that he had found in the canyon. It wasn't exactly true, but it worked. These gentlemen weren't aware of the hazards associated with aggravating the Apache.
From Tent City to Town
The intrepid prospectors arrived in the canyon in 1879. They built a log cabin shelter that still stands. It is rented out as a vacation rental today. The trio found a promising seam in the cliffs and started digging. They didn't get far before they attracted the attention, and the ire, of an Apache band led by Victorio. They were about 10 feet into their mining adventure when the band of Apache warriors ambushed them. Pye drew his gun to defend himself, but the gun jammed. His mining career ended before it began. The other two men escaped, waiting until dark to flee to a mining camp near Hillsboro. They told everyone about their run-in with the Apaches and Pye's silver cliff.
News travels fast in mining country. A rush ensued, with prospectors swarming the canyon, staking claims and pitching tents. A tent city filled the canyon within a year. Initially the camp called itself Pyetown, but they changed the name to Bromide within months, finally settling officially on the name Chloride.
With several highly productive mines in the area, the town boomed. Within a year there were 7 businesses and 20 permanent houses. Land was segmented into tracts, with lots allocated based on a drawing. There were so few women in Chloride that the founding fathers offered a free lot to the first woman willing to move to the community.
Boom Town
The town peaked in the early 1890s, with a population of about 3000. At its peak there were nine saloons, a general store, a dry goods store, a millinery shop, a restaurant, a butcher shop, a candy store, a pharmacy, a Chinese laundry, a photography studio, a school, two hotels, and at least one brothel. The local newspaper, the Black Range, was active between 1882 to 1896.
There was a notable lack of churches. Chloride wasn't exactly family friendly. Traveling preachers provided ministry in private residences, but prayer was not a priority for most of the town's residents. Saloons were the preferred site for congregation. There were hard working, hard drinking, hard living folks. The more temperate, god-fearing, teetotalers of Chloride decided in the early years that the town was too rowdy. They formed a separate town, Winston, further down the canyon.
Surprisingly, there was no jail. The "Hanging Tree," a Live Oak estimated to be over 200 years old, is still front and center on Main Street. However, no one was hung from the tree. It was used for behavior modification. When men got too drunk and disorderly, the townspeople would dunk him in the stock tank and chain him to the tree until he sobered up.
The hanging tree in Chloride was never used. The threat served as sufficient deterrent.
The growth of Chloride intensified the conflict with the Apaches. A town militia formed in 1884 to defend the community. 51 volunteers, from 7 foreign countries, ranging in age from 18 to 59, stood guard along the canyon walls, providing a defensive flank for travelers and freight. The adobe armory and barracks still stand at the west end of town.
A Community in Decline
Despite Chloride's mining productivity, extracting about $500,000 in silver and other ores, the railroad never established a depot in the community. The town relied on wagons and stage coaches. The closest railroad depot was in Engle.
The Silver Panic of 1893 heralded the collapse of the silver market. In 1896 the incoming administration followed through on a campaign promise to demonetize silver. Prices plummeted from $1.80/ounce to 18 cents. Mines closed. The stamp mill and smelter shut down. Miners were forced to look for work elsewhere. The only remaining industries were lumber and cattle ranching. Thriving mining communities withered as quickly as they had blossomed. By the turn of the century, Chloride's population had dwindled to about 125.
Roadside Recommendations
Today the town boasts 11 hearty souls. They have restored many of the structures, allowing visitors to experience New Mexico's mining history in a town that hasn't changed much over the decades.
Pioneer Store Museum
The original owners opened the store to cater to the miners during the 1880s. They sold it after the market crash. In 1908 it was sold to the Treasury Mining Company and, a few years later, it was purchased by the James' family. They used it as a commissary for the staff of their mining, timber and ranching operations until 1923. At that point there was only a handful of people left in Chloride.
When the store was shuttered, the owner intended to preserve everything for his son, who was studying at the university at that time. Instead, his son became a successful scientist at Los Alamos Labs. Other than infrequent trips home, he had no time for the store and no desire to be a shopkeeper.
The property sat untouched for decades. The current owners purchased the property in the late 1980s. Everything inside was exactly as it had been left in 1923; fully stocked with food, clothing, supplies, etc. They evicted the bats and rodents and restored the property, opening to the public in the late 1990s. The Pioneer Store offer brochures and information for self-guided walking tours.
The Monte Cristo, one of the nine saloons, has also been restored. It houses a store and a gallery featuring the work of a dozen local artists. Both are open from 10am-4pm daily. There is also a restaurant. It opens at 11 am Thursday-Sunday.
The Apache Kid RV Park is in Chloride. Harry Pye's cabin is available as a vacation rental.
Harry Pye's cabin
To get to Chloride from Truth or Consequences, travel north on I-25 to Exit 83. Take a left on NM-181 and another left on NM-52. Follow the road signs to Winston. In Winston turn left on Chloride Road and travel southwest. Cell phone reception is fine in Chloride, but spotty on the journey between towns.
Geronimo Scenic Byway Map
Map of Sierra County Ghost Towns
Cities of Dust
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Spanish Missions in New Mexico
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A trip to the emergency room can be a terribly harassing and energy draining experience. The wailing of the ambulance siren, the red ambulance lights, the constant rush of doctors and nurses, the tick-tock of the clock that sounds deafening as you wait for your turn to be taken care of – all of these can contribute to an impending feeling of dread and doom. But you do not have to let all emergency room visits be associated with negative emotions. If you are well-versed in medical related matters or at least those that you should know as a patient, you can have a not-so-threatening emergency room encounter. So what exactly are we talking about? Well as health professionals ourselves, we know that there are 10 things that your ER doctor would like to know during your transaction with him. Having knowledge of these things could facilitate better interaction between the two of you.
Is the situation really an emergency? Remember that the ER is the place where any person with a medical condition would be brought to. Life threatening conditions would be prioritized over less complicated ones. Don't be offended then if after being assessed by a triage nurse, you are asked to patiently wait for someone to attend to your needs.
Is this your first time to the ER? Believe it or not, there are people who would frequently visit the ER – for one reason or another. If you have to visit the ER again, it would be more useful if you go to the ER that you have gone to previously because the people there have your medical record and they may come in handy during your succeeding visits.
Are you sure about your symptoms? What exactly are you suffering from? It's important for you to be clear about your symptoms for your diagnosis to be accurate too. You can't be suffering from everything and anything.
Do you have a question? What are you usually worried about when you visit the ER? Is it just the symptoms? Is it the cost? If you are feeling anxious and you have several questions going through your head, your doctor would like to know what they are as they may have relevance to your current situation.
Do you have an emergency file? What's your Medical history? Your doctor would rather that you have an emergency file ready for him to know more details about you. These details include facts like: if you have existing conditions, if you're taking prescription drugs and if you've been admitted to the hospital before. All of these could help your doctor understand your situation more.
You might be subject to more tests, are you ready for them? Sometimes, laboratory tests and other medical tests might be essential. But patients have to be ready for them since they can be energy sapping. If you are to be tested for anything, your doctor would like to know if you are physically and psychologically as readiness alleviates stress associated with being tested.
You need to sign an agreement, are you willing to sign it? If your doctor gives you drugs that are normally illegal but medically allowed, you will have to sign a contract or agreement with him that you will not use the drugs in any way other than their original purpose.
You're ready to be discharged; can you remember the final instructions given to you? Many times, doctors may want their patients to return to the hospital for further check-up. They may also prescribe them medication for a specific period in order to prevent symptoms from re-appearing as well as to avoid being unnecessarily admitted to the hospital once more. Because of these things, your doctor then would like to know if you have an idea regarding what you're supposed to do after being discharged from the hospital.
Do you have a health plan or a medical insurance? Of course hospitalization can be quite expensive so any medical professional would like to know if you have insurance or if everything will be out-of-your-pocket.
What does your insurance cover? If you do have insurance, your doctor would want to know what it covers. Is it basic or extensive? How many free hospital visits can you have as stated in your insurance policies? In the event that you have insurance concerns, you can always find a social worker who can help you find answers to these concerns.
Michele Libman, M.D. is one of only a few south Florida physicians Board Certified in two specialities: Internal Medicine and Emergency Medicine. She obtained her medical degree from the Mt. Sinai School of Medicine in New York in 1993. She completed her internal medicine residency at Temple University Hospital in Philadelphia, PA. Dr. Libman furthered her medical education by completing one of the top emergency medicine residencies at Jacobi Hospital and Montefiore Medical Center in New York. She moved to Martin County Florida in 2000 and has practiced as an emergency room physician at Martin Memorial Hospital and Lawnwood Regional Medical Center. She resides in Palm City with her husband Rob, her son Daniel, and her three dogs Jack, Casey and Stitch.


When a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in a limited liability company, which presents challenges for the creditor seeking recovery. The LLC Law provides for a charging order in such instances, which is a narrow remedy. Direct pursuit of the LLC's assets is not typically available, unless the creditor can meet the high burden of reverse veil-piercing. In some states, a creditor may pursue a more direct recovery against the debtor-owned LLC when the debtor is the sole member of the LLC. Moreover, it may be difficult to obtain document discovery, and recent developments in Louisiana have seriously limited a creditor's rights in such instances. As a result, it will be difficult for the creditor to investigate and determine that its charging order is being followed. The entire complexion of this may change if that debtor files a federal bankruptcy petition. In sum, the law on this issue presently is generally friendly to debtors and their LLC interests, while it can be the bane of a creditor's lawyer's existence. Even when aggressively pursued, the rights of a creditor to recover from a debtor's membership interests in an LLC are likely to yield mixed results.
On application to a court of competent jurisdiction by any judgment creditor of a member, the court may charge the membership interest of the member with payment of the unsatisfied amount of judgment with interest. To the extent so charged, the judgment creditor shall have only the rights of an assignee of the membership interest. This Chapter shall not deprive any member of the benefit of any exemption laws applicable to his membership interest.
The charging order permits the creditor to have "only the rights of an assignee of the membership interest." Id. This means that the creditor is not entitled to exercise management authority or otherwise to direct the affairs of the LLC. Section 1332 further defines this concept when it states "[a]n assignee of an interest in a limited liability company shall not become a member or participate in the management of the limited liability company unless the other members unanimously consent in writing." The creditor is therefore not entitled to the ordinary rights of an LLC member, such as the right to manage the company, to vote the membership interests or to withdraw from the LLC and demand payment. The creditor is only entitled to receive distributions that would otherwise be paid to a holder of a membership interest.
The LLC Laws adopted by most states contain language deeming it an exclusive remedy. For example, Texas' statute states that "the entry of a charging order is the exclusive remedy by which a judgment creditor of a member or of any other owner of a membership interest may satisfy a judgment out of the judgment debtor's membership interest." Louisiana's LLC Law does not contain such an exclusivity provision.
The narrow right of a creditor to obtain a charging order allows the target LLC latitude to manage its business so as to prevent the creditor from receiving distributions. Cash distributions are often discretionary under the governing rules and regulations of an LLC, and therefore, such distributions may be deferred indefinitely. The LLC's other members are sympathetic to the plight of their co-member who is locked in conflict with a third party creditor, and they are often willing to take actions sufficient to deny recovery to the creditor. This may even include characterizing distributions as "salary" or other compensation to avoid having to distribute funds to the creditor. Such manipulation of the LLC governance could arguably give rise to direct claims against the LLC or even the co-members. Certain other remedies may be available to the creditor as well, such as garnishment. Ultimately, however, the creditor's rights will be difficult to vindicate.
The next pivotal question is whether a creditor can monitor the charging order and make sure that he is receiving the full "rights of an assignee of the membership interest." Recent case law in Louisiana has narrowed the ability of a creditor to monitor the activity of the LLC.
Any limited liability company record.
Information regarding the state of the business and financial condition of the limited liability company.
Limited liability company's federal and state income tax returns.
Information regarding the affairs of the limited liability company.
Formal accounting of the limited liability company's affairs.
Courts in Louisiana have interpreted the provisions of Section 1319(B) to mean not only that members are entitled to review these documents, but also the reverse proposition: That people who are not members are prohibited from obtaining these documents. Khoobehi Props., LLC v. Baronne Dev. No. 2, L.L.C., 16-506 (La. App. 5 Cir. 3/29/17), 2017 La. App. LEXIS 530, *13. Louisiana courts have widely concluded that this right to information is exclusive to members.
This issue came up before the Louisiana Court of Appeals for the Fourth Circuit in the judgment creditor context in the Channelside case. In Channelside, the creditor had obtained a judgment against a Florida corporation that had a membership interest in a Louisiana LLC. The LLC was a non-party to the original suit. The creditor obtained a charging order against the Florida corporation's membership interest in the LLC, then sought document discovery as to the internal business of the LLC. The trial court partially granted and partially denied opposing motions to quash and to compel a records deposition and subpoena duces tecum issued to the LLC, for the production of financial documents and tax returns. The appellate court found the "specific provisions of the Louisiana LLC Act are controlling in this case over the more general statutory provisions governing discovery." See Channelside Servs., LLC v. Chrysochoos Grp., Inc., 2015-0064 (La. App. 4 Cir. 05/13/16), 194 So.3d 751, 759, writ denied, 2016-1079 (La. 10/12/16). The court held that in accordance with the provisions of the LLC Law, an assignee of a membership interest in an LLC "is expressly restricted from inspecting the records" of the LLC. Id. at 773. As a result, the creditor was denied the opportunity to see financial information of the company against which it held a charging order. The Louisiana Third and Fifth Circuit Courts of Appeal have issued similar decisions following Channelside in the past year, and the Louisiana Supreme Court declined to take up the issue on writs in each instance.
If the target LLC makes no distributions to the judgment creditor on account of a charging order, the creditor has very little ability to investigate whether the charging order is being followed, due to the limitations of the LLC Law on record access. The most effective way to discover this information in support of the charging order may be through aggressive questioning at one or more judgment debtor examinations of the debtor who holds the membership interest.
If the judgment debtor is the sole member of his or her LLC, there is an argument that the creditor may obtain managerial control of the LLC through the foreclosure process, at least in Louisiana and other nonexclusive remedy states. The analysis is different in the single member LLC context, because there are no other members whose consent would be required for the creditor to be admitted as a full member.
In LLCs that have multiple members, courts have reasoned that it would be an unjust imposition on the other members if a creditor could simply step in the shoes of an LLC member and exercise control over the business. One Delaware court stated "it is far more tolerable to have to suffer a new passive co-investor one did not choose than to endure a new co-manager without consent" Eureka VIII LLC v. Niagara Falls Holdings LLC, 899 A.2d 95, 115 (Del.Ch.6/06/06). This is codified in LLC Laws, which provide that a person holding the rights of an assignee can exercise managerial rights only if all of the other LLC members have consented to admission. See La. Rev. Stat. § 12:1332. Following this procedure, a judgment creditor who is granted a charging order could obtain full member rights if and when the other LLC members vote to admit him. Although this, of course, rarely happens.
Before Olmstead, if a Florida judgment creditor levied on a debtor's ownership in a single-member LLC, the most the judgment creditor could get was a statutory charging order . . . . In the instant case, that result would not have threatened the Debtor, because the Debtor did not receive any "profits or distributions" from the Middle Tier, single-member LLCs. Pursuant to the holding of Olmstead, after June 24, 2010, Inervest became entitled to cause the Debtor to surrender its "right, title and interest" in, and to, all of the Middle Tier LLCs. The Debtor would have lost control of the subsidiaries, and subsequently all the real property owned by the subsidiaries. In order to prevent that outcome, the Debtor filed the instant case.
In re Davis Heritage GP Holdings, LLC, 443 B.R. 448, 458 (Bankr. N.D. Fla. 2011) (J. Killian). This interpretation of the law gave creditors extraordinarily greater leverage against a debtor's interest in wholly owned LLCs. Not long after the Florida Supreme Court's decision, however, the Florida legislature amended the applicable law to limit the rights of a judgment creditor to a charging order, or foreclosure. Sec. 608.433, Fla. Stat.
Few other states have definitively addressed this issue. A Texas appellate court, for example, recently rejected the Olmstead argument in a somewhat similar fact pattern involving partnerships. In Pajooh v. Royal West Investments LLC, Series E, 518 S.W.3d 557, 563 (Tex.App.-Hous. 1 Dist., 2017). It is difficult to predict how the Louisiana Supreme Court would address this issue. Nevertheless, Louisiana law could be favorable to the Olmstead argument because it is one of the states in which the LLC Law does not expressly designate the charging order as an exclusive remedy.
Bankruptcy courts are more open to allowing creditors, or a trustee, to exercise control over debtor membership interests. Bankruptcy courts look to Section 541 of the Bankruptcy Code and applicable state LLC Law on this question. It should suffice to say, for purposes of this article, that as a matter of bankruptcy law, Section 541 establishes the scope of property of the debtor's bankruptcy estate, and it is often construed broadly. Applying this broad principle to the rights of a trustee vis-à-vis a debtor's 100 percent interest in an LLC, courts have often found that the trustee may step into the shoes of the debtor to manage the LLC. In the Chapter 7 setting, bankruptcy courts that have discussed the rights of a Chapter 7 Trustee flowing from a debtor's pre-petition membership interest have generally held that where the debtor held a 100 percent membership interest, the Chapter 7 Trustee obtains full management rights. In re Albright, 291 B.R. 538 (Bankr. D. Colo. 2003); In re A-Z Electronics, LLC, 350 B.R. 886 (Bankr. D. Idaho 2006); In re Garrison-Ashburn, LC, 253 B.R. 700 (Bankr. E.D. Va. 2000); see also In re Mohawk Traveler Transportation, LLC, Bankr. E.D.La. 11-13269.
In fact, the decision in Albright suggests that in the bankruptcy context, the courts will take the matter one step further and will grant the trustee such membership rights if the debtor held an overwhelming majority interest in the LLC, and some third party has a "peppercorn" interest which may, presumably, be disregarded in order to better effectuate creditors' rights.
The content of this article is not intended to serve as an exhaustive review of the laws, statutes or issues related to bankruptcy, creditor/debtor rights and insolvency/reorganization cases and is not intended to provide legal advice. The opinions expressed through this article may not reflect the opinions of the firm, individual attorneys or clients.


text:
5. Al-Ma'idah (1-50)
Last two chapters of Quran are the biggest weapons against black magic, hypnotism and any other exte...
O Nabi! When you want to divorce women, take heed of their waiting period (wait for the end of their...
The absolute reality (which will become evident with death)!
Qaf (The Arabic letter Qaf symbolizes the ego, the first of the three reflections of the absolute es...
Everything in the heavens and the earth glorifies (tasbih) Allah (through fulfilling their functions...
Books Decoding The Quran (In Chronological Order of Revelation) 61. As-Saff Print Page
1. Whatever is in the heavens and the earth glorify (tasbih; effectuate their creational purpose through fulfilling their functions) Allah! HU is the Aziz, the Hakim.
2. O believers... Why do you say what you do not do!
3. Saying things that you do not practice yourself incurs great hatred in the sight of Allah!
4. Allah loves those who fight in His cause, in rows like a single solid structure of steel.
5. And when Moses said to his people, "O my people... Why do you harm me when you know I am a Rasul of Allah (disclosed) for you?" But when they strayed (from the Truth), Allah turned their hearts away (from the Truth, so they could no longer perceive it)! Allah does not guide the corrupt in faith to the reality.
6. And when Jesus, the son of Mary said, "O children of Israel... Indeed, I am a Rasul of Allah to you! Confirming what came before me of the Torah and bringing the good news of a Rasul who is to come after me, whose name is Ahmad." But when they came as miracles they said, "Clearly, this is magic."
Note: The Rasul of Allah (saw) says in regards to this: "My name in the Torah is 'Ahyad' (the one who distances), for I distance my people from the Fire... My name in the Zabur is 'Al Mahi' (the obliterator) for Allah has obliterated with me those who served idols... My name in the Gospel is 'Ahmad' (the One who does Hamd [evaluates] as the reflection of the Absolute Essence)... And my name in the Quran is 'Muhammad' (the One to whom Hamd is continually done), for I am the 'Mahmud' (the one who is evaluated) among the people of the heavens and the earth."
7. And who does more wrong than the one who slanders against Allah (assumes the existence of an 'other' than Allah), even though he is invited to Islam? Allah does not guide the wrongdoing people!
8. They want to extinguish the Nur (light of knowledge) of Allah with their mouths (empty discourse). But Allah is the perfector of His Nur. Even though those who deny the knowledge of the reality may not like it!
9. It is He who disclosed His Rasul by the Truth and the reality, with the religion of Truth (the absolute knowledge of the system and sunnatullah). Even though the dualists may not like it!
10. O believers... Let me show you a trade that will save you from a grave suffering.
11. Believe in Allah and His Rasul as your essential reality with His Names and strive in the way of Allah, without expecting any return, with your wealth and your lives! This is better for you, if only you can comprehend!
12. (Then) He will cover your mistakes arising from your egos and admit you to Paradises underneath which rivers flow and pure dwellings in Paradises of Bliss... This is the great attainment!
13. And there is more that you will love: Help from Allah and an imminent conquest (the experience of divine closeness)! So, give the good news to the believers!
14. O believers, be supporters of Allah; like when Jesus, the son of Mary said to his disciples, "Who are my supporters for Allah?" And his disciples said, "We are the supporters of Allah!" A group of the children of Israel believed and a group denied (the Truth). So We supported those who believed against their enemy, and they became prevalent.
The Fatiha


text:
AIDS funding issues : hearing before the Task Force on Human Resources of the Committee on the Budget, House of Representatives, One Hundred First Congress, second session, January 16 and 17, 1990, San Francisco and Los Angeles, CA
The work AIDS funding issues : hearing before the Task Force on Human Resources of the Committee on the Budget, House of Representatives, One Hundred First Congress, second session, January 16 and 17, 1990, San Francisco and Los Angeles, CA represents a distinct intellectual or artistic creation found in Indiana State Library. This resource is a combination of several types including: Work, Language Material, Books.
The Resource AIDS funding issues : hearing before the Task Force on Human Resources of the Committee on the Budget, House of Representatives, One Hundred First Congress, second session, January 16 and 17, 1990, San Francisco and Los Angeles, CA
hearing before the Task Force on Human Resources of the Committee on the Budget, House of Representatives, One Hundred First Congress, second session, January 16 and 17, 1990, San Francisco and Los Angeles, CA
United States, Congress | House | Committee on the Budget | Task Force on Human Resources.
AIDS (Disease) -- Research -- United States -- Finance
AIDS (Disease) -- United States -- Prevention
Federal aid to research -- United States
Context of AIDS funding issues : hearing before the Task Force on Human Resources of the Committee on the Budget, House of Representatives, One Hundred First Congress, second session, January 16 and 17, 1990, San Francisco and Los Angeles, CA

 Data from AIDS funding issues : hearing before the Task Force on Human Resources of the Committee on the Budget, House of Representatives, One Hundred First Congress, second session, January 16 and 17, 1990, San Francisco and Los Angeles, CA - Indiana State Library

Data Citation of the Work AIDS funding issues : hearing before the Task Force on Human Resources of the Committee on the Budget, House of Representatives, One Hundred First Congress, second session, January 16 and 17, 1990, San Francisco and Los Angeles, CA
http://link.library.in.gov/resource/x8F4BK4wVY0/
http://library.link/resource/x8F4BK4wVY0/


Caroline called J-D Design earlier this year and requested a meeting to discuss a very exciting idea she had. After working her day job alongside studying the profession she wanted to enter; Caroline decided it was approaching the time for her to take the next step in her career; from working for somebody else, to running her own business, offering a service she has always had a great passion and interest in: life coaching.
Caroline's approach to supporting others matched our way of doing things perfectly. Over the years we've helped so many small businesses get their presence online; and while we love partnering with larger companies - there's so much reward with helping something magical & new be born.
When a business is brand new; to many it's just an idea! Something you have to share as a new concept to friends, family and others further afield. This can be an incredibly challenging time, and one where the business is at its most vulnerable. Having a great network of people around you to support you during this time can be make-or-break.
J-D Design was very happy to provide Caroline all the support she needed during this time, such as fine-tuning her branding, brainstorming on business cards and finally creating her first website. Due to the nature of her business, it was key to come across as clear yet relatable as possible - and really needed that "personal touch".
Caroline's new business cards in her "Peace Room"
Starting up a business from scratch can be a very courageous thing to do, especially when going from a secure salaried pay schedule. With that in mind, it's important to remain calm, forward thinking - and very flexible! One example of being flexible during the planning and preparation stage for Peace2gether was the brainstorming and planning of different variants of business cards. Caroline wasn't sure whether she wanted a 'matte' finish or a 'glossy' finish on them - so we designed and sent both to our printers! Not that this helped the decision-making process, as we had a set of stunning 'matte' business cards with raised glossy logo, and a second set of 'glossy' finished business cards which also looked 'the business'. However; doing this gave Caroline the confidence we were exploring every possibility to ensure her business had the absolute best start.
We've also been working on blog articles and fresh content, which helps any new business rank successfully in search engines. This is the proven #1 recommendation for organic search engine growth and is something which not only helps you find new customers; but can also help out & advise previous clients in regard to how to approach certain elements of life & business. Working together to achieve success is far more rewarding than struggling through the unknown alone, and someone like Caroline can really help you see that.
J-D Design has been helping old and new businesses both locally around North Wales and nationally over the last 2 years and take great pride in the level of customer service provided. If you would like to discuss your next adventure, get in touch today.


Duracell partnered with sister Procter & Gamble brand Charmin at its popular restrooms pop-up in Times Square now on its third run to expand the brand experience for New Yorkers and tourists alike during the holiday season. Like Charmin which bases its program on meeting a consumer need (clean public bathrooms that are normally a rarity in NYC) Duracell provides a respite from the busy streets where people can recharge their cell phones and other electronics and reboot to get back on their feet.
The idea? Get relief on the third floor restrooms and recharge on the fourth floor at the Duracell Power Lodge. Both brands play up the forest theme originating in the Charmin TV ads. Charmin offers up an enchanted forest and Duracell a traditional relaxing lodge fireplace and all.
"We wanted to provide that unmet need of portable power for consumers giving them a bigger and better experience as well as enhance Duracell's innovation message. Duracell is much more than alkaline batteries we're the power source that allows you to live your life the way you want to live it " Scott Popham assistant brand manager at Duracell told Buzz.
In addition to charging stations and a retail component displaying Duracell's full line of products the brand put its batteries to work by powering up Nintendo game stations as well as more of the season's hot toys. Visitors could pedal bikes disguised as snowmobiles to create energy being captured to power up the 2009 numbers for the New Year's Eve Times Square celebrations. The actual 2009 numbers are scheduled to make an appearance at the Duracell Power Lodge on Dec. 17 for photo-ops.
New this year the Charmin Restrooms will open its bathroom doors to the public on New Year's Eve after the ball drops.
"We're calling it Charmin's Relief At Last. So starting right after the ball drops at midnight consumers can get relief. We're excited to provide that solution to a need on New Year's Eve " Lindsay Hess assistant brand manager at Charmin told Buzz. Agency: Gigunda Group Manchester NH.


text:
http://www.youtube.com/watch?v=Fgh2dFngFsg
Related: Aaron Swartz • Defending Free and Open Internet
Full text of "Guerilla Open Access Manifesto" Guerilla Open Access Manifesto Information is power. But like all power, there are those who want to keep it for themselves. The world's entire scientific and cultural heritage, published over centuries in books and journals, is increasingly being digitized and locked up by a handful of private corporations. Want to read the papers featuring the most famous results of the sciences? You'll need to send enormous amounts to publishers like Reed Elsevier.
Quinn Norton Norton currently writes a regular column, Notes on a Strange World,[1] at Medium publishing. Norton has described a conceptual prank involving writing and executing a computer program that would output all possible melodies, theoretically providing the opportunity to claim copyright for all music.[7] Personal life[edit] Norton was married to Danny O'Brien.[8] Norton dated Aaron Swartz for three years.[9] Articles in The Atlantic and in The New Yorker indicate that she was pressured by prosecutors to offer information or testimony that could be used against Swartz, but that she denied having information that supported prosecutors' claims of criminal intentions on Swartz's part.
8,200+ Strong, Researchers Band Together To Force Science Journals To Open Access Evolutionary biologist Michael Eisen made this t-shirt design in support of the Elsevier boycott. Academic research is behind bars and an online boycott by 8,209 researchers (and counting) is seeking to set it free…well, more free than it has been. The boycott targets Elsevier, the publisher of popular journals like Cell and The Lancet, for its aggressive business practices, but opposition was electrified by Elsevier's backing of a Congressional bill titled the Research Works Act (RWA). Memorial law proposed by Silicon Valley congresswoman A congresswoman from Silicon Valley is planning to introduce legislation to amend the law used to prosecute Aaron Swartz, the free information activist who killed himself on Friday. Representative Zoe Lofgren, a Democrat who represents California's 19th district, launched "Aaron's law", her draft bill to change the Computer Fraud and Abuse Act, on Reddit on Tuesday night. Swartz, a co-founder of Reddit, was charged with wire fraud, computer fraud and other crimes for allegedly accessing and downloading academic documents from the JSTOR online database through the network of the Massachusetts Institute of Technology. The prosecution against him has been criticised as over-zealous and disproportionate and his family have accused MIT and prosecutors of being complicit in his death.
Was Aaron Swartz Killed By An MIT Satanic Child Porn Ring? Let us start by dismissing the prosecution's ludicrous charge that any programmer as talented as Aaron Swartz would dedicate his life to stealing an archive that dispenses its academic papers for a few dollars apiece to the public or for free to students under department accounts. MIT professors, who are so full of themselves, are the only ones who might take seriously such a fool's errand as a worthy objective for the brilliant and rebellious Swartz or the law suit as the cause of his so-called "suicidal depression." The mass media have been fed, and eagerly swallowed, the unpalatable lies hurled against a courageous young man whose guilt lies solely in his disgust at the online filth from "respectable" Internet paragons who have deviously corrupted the morals of his generation.
Net Neutrality 101 When we log onto the Internet, we take lots of things for granted. We assume that we'll be able to access whatever Web site we want, whenever we want to go there. We assume that we can use any feature we like -- watching online video, listening to podcasts, searching, e-mailing and instant messaging -- anytime we choose. How I Published My Scholarly Book With an Open Access CC-BY License [Open Access Week in 2014 is October 20-26.] Have you noticed that scholarly books are getting more and more expensive? It's not just the journals that are exorbitantly priced.
Meet the Robin Hood of Science The tale of how one researcher has made nearly every scientific paper ever published available for free to anyone, anywhere in the world. On the evening of November 9th, 1989, the Cold War came to a dramatic end with the fall of the Berlin Wall. Four years ago another wall began to crumble, a wall that arguably has as much impact on the world as the wall that divided East and West Germany. The wall in question is the network of paywalls that cuts off tens of thousands of students and researchers around the world, at institutions that can't afford expensive journal subscriptions, from accessing scientific research. On September 5th, 2011, Alexandra Elbakyan, a researcher from Kazakhstan, created Sci-Hub, a website that bypasses journal paywalls, illegally providing access to nearly every scientific paper ever published immediately to anyone who wants it. This was a game changer.
F2C2012: Aaron Swartz keynote - "How we stopped SOPA" F2C2012 Ajoutée le 22 mai 2012 Aaron Swartz keynote - "How we stopped SOPA" at F2C:Freedom to Connect 2012, Washington DC on May 21 2012. by epc Jul 30
Related: Aaron Swartz - Defending Free and Open Internet - Police defending Academic Freedoms? - CCC | Home - Open Access Week - October 23 - 29, 2017 | Everywhere - Home - Access Now - あなたはオリックス銀行カードローンの審査に通る人?通らない人? - Police pepper spraying and arresting students at UC Davis - YouTube - 8,200+ Strong, Researchers Band Together To Force Science Journals To Open Access | Singularity Hub - Take Action – Google - The Internet Defense League - Protecting the Free Internet since 2012.


Playing Cards, Executive Gifts, Custom Products, Casino Supplies, Fundraising Supplies, and Bar & Restaurant Supplies since 1976. Choose from hundreds of items available for immediate shipment.
Leather Wine Carriers - New!


Perhaps the most important championship of Shinkyokushin Europe (EKO) European Championships for juniors, men and women in weight categories will be held on 11-12 May – 394 fighters from 28 countries and Special Guest President of WKO Shihan Kenji Midori!
I have the honor of being a very small part of the media team and you will see many things on my Facebook pages from this unique event in Wroclaw, Poland.
A little deviation: why again Poland? Soon Poland will host a WKO World Championship in weight categories in 2021 and to iron out all the things they "train as hosts" ;) the idea is super and I believe in the success of the venture.
Dimitrov Lachezar, Guliyev Nail, Lamot Igor, Suciu George, Sutkus Domas in M -75 kg.
Dimitrov Valeri, Hasanov Salahat, Kvietka Justinas, Odzeniak Marek, Popovics Tamas in M -85 kg.
Allan Fady, Agalaroglu Etibar, Mazur Maciej in M -95 kg.
Gužauskas Eventas, Jakobsen Brian, Klibavičius Antanas, Margarint Dorin in M +95 kg.
Cardenosa Eider, Litovska Violeta, Malikowska Paula in W -50 kg.
Kriščiūnienė Daiva, Venckutė Skaistė, Veronika Nemeth in W -55 kg.
Lubos Marta, Mikštaitė Inga, Leiter Anett in W -60 kg.
Deleva Ivanka, Gudeliauskaitė Gabija, Merca Andreea, Meškauskienė Aneta, Wallin Cecilia in W -65 kg.
Gustaitytė Brigita, Hägge Sara, Ryžkovaitė Monika, Merca Andreea, Winiarska Agata in W +65 kg.
I wish success to everyone, Ganbatte Kudasai!
And do not forget to watch online on Saturday!


text:
Cloudy skies during the morning hours followed by scattered showers and thunderstorms in the afternoon. High 76F. Winds SE at 10 to 15 mph. Chance of rain 50%. Locally heavy rainfall possible..
Thunderstorms likely in the evening. Then the chance of scattered thunderstorms later on. Low 61F. Winds S at 10 to 15 mph. Chance of rain 80%.
James Robert Maki
James Robert Maki of Ely, 70, died on July 6, at his home on Burntside Lake. He was where he loved to be, doing what he loved, fishing.
Born on August 24, 1948 in Ely Minnesota, Jim was the son of Luella (Erickson) Maki and Robert William (Ropey) Maki. After graduating from Ely High School, Jim joined the Army serving from September 1967 until December 1970. He was in the 173rd Airborne Division, the 41st Battalion, working as an MP. He sustained injuries in Vietnam.
Returning to Ely after his military commitment, he married Rebecca (Becky) Richards on February 5, 1972. He and Becky raised their two children, Krista and Steven, at their home on Burntside Lake. Jim worked at US Steel's Minntac Plant in Mountain Iron from 1971 to 1975 and as a millwright for Inland Steel at the Minorca Plant in Virginia from 1976 until 2003, when he retired. Jim was a member of Steel Workers Local #1938 and Local #6115. Jim also owned and operated the Great Outdoors Bait and Tackle Shop on Sheridan Street from 1985 until 2019.
An avid outdoorsman, Jim enjoyed hunting and fishing. In his younger years, he trapped his own bait, and went ricing with his wife and in-laws. He loved the Ely area and was the unofficial 'mayor' of Burntside Lake, being the voice of authority regarding fishing and ice conditions.
Jim, who was affectionately known as 'Jaws', had the gift of gab and was always up for conversation. He had a story about anybody you could name, fishing advice to share, and was willing to express his political opinion whether you asked or not. He could be cleverly funny, entertaining his audiences with humorous tales from his extensive knowledge of Ely's colorful past.
Above all, Jim was known for his heartfelt concern and interest in people. He devoted many hours coaching youth hockey and was always available to provide support for his friends, family, and even people he just met.
Jim was preceded in death by his parents and his wife Becky. He is survived by his daughter Krista (Shawn) Zurn and son Steven (Katie) Maki and grandchildren Cas Grant, Ayden Maki and Kylee Maki. He is also survived by his loving companion of 20 years, Celia Domich.
A gathering to remember Jim will be held on July 27 at the Longbranch in Winton from noon to 3 p.m. Family arrangements have been entrusted to Kerntz Funeral of Ely.
Kylee Maki


text:
package com.home.rxtwitch.util.db;

import java.io.Serializable;
import java.util.Objects;

/**
 * Created by xmax on 3/19/16.
 */
public class UserBlock implements Serializable{
    private String name;
    private String bio;
    private String logo;
    private long followers;
    private long views;
    private String language;

    public UserBlock(String name, String bio, String logo, long followers, long views, String language) {
        this.name = name;
        this.bio = bio;
        this.logo = logo;
        this.followers = followers;
        this.views = views;
        this.language = language;
    }

    public String getBio() {
        return bio;
    }

    public void setBio(String bio) {
        this.bio = bio;
    }

    public long getFollowers() {
        return followers;
    }

    public void setFollowers(long followers) {
        this.followers = followers;
    }

    public String getLanguage() {
        return language;
    }

    public void setLanguage(String language) {
        this.language = language;
    }

    public String getLogo() {
        return logo;
    }

    public void setLogo(String logo) {
        this.logo = logo;
    }

    public String getName() {
        return name;
    }

    public void setName(String name) {
        this.name = name;
    }

    public long getViews() {
        return views;
    }

    public void setViews(long views) {
        this.views = views;
    }

    @Override
    public boolean equals(Object o) {
        if (this == o)
            return true;
        if (o instanceof UserBlock) {
            UserBlock userBlock = (UserBlock) o;
            if (Objects.equals(userBlock.getName(), name))
                return true;
        }
        return false;
    }

    @Override
    public String toString() {
        return "UserBlock{" +
                "name='" + name +
                "bio='" + bio +
                ", logo='" + logo +
                ", followers=" + followers +
                ", views=" + views +
                ", language='" + language +
                '}';
    }

    @Override
    public int hashCode() {
        String key = this.toString();
        int prime = key.hashCode();
        int hash = prime;
        for (int i = 0; i < key.length(); i++) {
            hash ^= (hash << 23 >> 17) ^ key.charAt(i) * 13131;

        }
        return (hash % prime) * 33;
    }

}

redpajama_set_name: RedPajamaGithub


text:
Comfort and Joy is a 2003 American made-for-television romantic drama film directed by Maggie Greenwald and starring Nancy McKeon as Jane Berry. The film originally aired on the Lifetime cable network on December 1, 2003.

Plot
Jane Berry is a successful, single entrepreneur who is vice president of ad agency, has a luxury apartment, and drives a Jaguar.

On Christmas, when she is driving to a company party, she gets lost and hits a pole. Sam (Steven Eckholdt) comes to her rescue to get her out of her car (which is now a station wagon) and tells her that he has been her husband for the past 10 years and she has two children with him. Jane realizes that she is in an alternate reality. Ten years ago, she dumped her boyfriend and left her job for Sam. Jane is confused by her new world, where she is a new Jane who is completely different from the old one.

Slowly, Jane acclimates her new life. After an argument with her parents at Christmas dinner, she is completely impressed by Sam and her family. She kisses Sam but finds herself back the Jaguar after the accident. Sam comes to her rescue, but he doesn't know who she is. She tells Sam that she knows him and is in love with him, which Sam is shocked to hear. They move together to Sam's house to lead a happy life in the future.

Cast
Nancy McKeon as Jane Berry
Steven Eckholdt as Sam
Paul Dooley as George
Andrew Chalmers as Troy Keller
Jordy Benattar as Heather Keller
Maria Herrera as Alison Phillips
Dixie Carter as Frederica

See also
 List of Christmas films

References

External links

2003 television films
2003 films
2003 romantic drama films
American Christmas films
American romantic drama films
Lifetime (TV network) films
Films directed by Maggie Greenwald
Films scored by David Mansfield
Christmas television films
2000s Christmas drama films
American drama television films
2000s American films

redpajama_set_name: RedPajamaWikipedia


text:
Posted on 08 March 2019 | 104,228 views | 165 comments
Submitted by Stomper Frederick, Achidfiky90, Mike
This story was submitted via WhatsApp. Click here to join our WhatsApp group.
A 20-year-old man died in hospital after an accident involving his motorcycle and a car occurred in Ang Mo Kio on Thursday (March 7).
In response to a Stomp query, the police said they were alerted to the accident at the junction of Ang Mo Kio Avenue 8 and Ang Mo Kio Central 2 at 5.28pm.
The motorcyclist was unconscious when conveyed to Khoo Teck Puat Hospital, where he subsequently succumbed to his injuries.
A 40-year-old female passenger in the car was conscious when taken to the same hospital.
The car driver, a 41-year-old man, was arrested for causing death by a negligent act.
Stomper Frederick sent to Stomp a video of the accident that has been circulating online, showing how the motorcycle crashed into the car.
The car driver can be seen exiting his vehicle to check on the motorcyclist.
Stomper Achidfiky90, who passed by the accident scene at around 7pm when he was returning home from work, shared photos of the damaged motorcycle lying on the road.
The car was also dented.
Achidfiky90 said: "The scene was very chaotic and all the buses were stuck on the third lane. Cars had to turn into the carpark in order to pass through."
Police investigations are ongoing.
View more photos in the gallery.
41-year-old motorcyclist killed in accident with bus at Tuas junction
23-year-old motorcyclist dies after accident with van at Woodlands junction
Motorcyclist, 70, dies after accident with bus and lorry along Ang Mo Kio Ave 1, bus driver arrested


text:
Unity Series Part III: Editors
Putting All The Pieces Together. By Pauline Rogers.
It's fitting that our third unity series installment hones in on IATSE editors, given that our April issue's theme is new technology. Other than camera, few departments have undergone a more dramatic technological upheaval than postproduction. Or as L.A.-based Local 700 member Julie Rogers (Cats and Dogs: The Revenge of Kitty Galore, Kit Kittredge) points out, "The splicer has gone the way of the buggy whip," replaced by computers, monitors and sophisticated, albeit at times mysterious, software that has engulfed the editor's room. New tech to be sure, but has the actual craft and role of editorial also changed?
Randy Morgan, ACE, who's won two Emmy Awards for ER, and also counts the episodic shows Crash and Law and Order among his credits, says no other sector seems to have so many "notions about an individual's role in the production of a motion picture as editing." But Andrew Weisblum, ACE, whose recent credits include Black Swan and The Wrestler, supports the age-old notion that editing is mostly rewriting, just with a lot less time to get the job done. Or as Oscar-nominee Lisa Churgin, ACE, describes: "We find all the good bits and ignore the bad."
Julie Rogers
No doubt that while the set is the center of the universe during production, "the editing room is its center in post-production," as Bill Pankow, ACE (Bonfire of the Vanities, Letters to Juliet, Trespass), correctly observes. But that center is no longer an island. These days, editors can be found on-set, as Stephen E. Rivkin, ACE and John Refoua, ACE were for the ultra-advanced digital workflow of Avatar. The pair used performance capture reference material to match computer-generated elements in editing. On Cats & Dogs II, Rogers reports being in contact with director Brad Peyton via a direct feed to the stage three floors away from her cutting room. "I could see what was happening on the main and second unit sets," Rogers says, "and be in communication with cinematographer Steven Poster, ASC, to understand how he was lighting the sets and placing the cameras."
In fact, editors are in a unique position to, as Weisblum notes, "offer objectivity" to a project that no one from the set can. For example, he says it was clear during the assembly process for The Wrestler, that one significant and complicated scene would be better left out because it was getting in the way of sympathy for the main character and not contributing any other information to the story. "No one else on the film could see it at that point,' Weisblum explains, "because they were preoccupied with working out the details of its execution. I have a unique point-of-view in that my job has nothing to do with the logistics of a set."
Editors also must account for a project's end platform. "Cutting dialog is much the same for television as for a movie, but with Dirty Dancing we needed [a way] to show the process that Baby went through to learn to dance, that didn't take up too much time and pushed the movie forward," says Peter C. Frank, ACE "My current show [Blue Bloods], on the other hand, is more concerned with moving the procedural forward and developing the character's stories within the family, all at the rapid pace required for contemporary television."
Often the creative instincts of the editorial team come into play. Churgin cites an example from the recent rom-com, The Ugly Truth, where the film's star, Katherine Heigl, returns from a very bad blind date. "At the end of the evening, her skirt got caught in a car door as she was standing near it," Churgin recounts. "When the man took off in the car, her skirt was pulled off, and she was left standing in her underwear, in front of a group of people. We later took that scene out. But we needed her to come back home from the date. So, through movie magic, her skirt was painted back on as she was standing alone in her apartment. My contribution was recommending that we take the [curb] scene out because it worked against the story. Our main character got too desperate too early in the film and we needed her to be more likeable."
Sometimes an editor's best efforts are mostly spent making the difficult look simple. "On Training Day, there were a few scenes between Denzel Washington and Ethan Hawke that were editorial challenges," describes Conrad Buff, ACE, who won an Oscar for Titanic. "They were riding through the streets of Los Angeles, two guys in a car talking. Many days. Many takes. There was an overwhelming amount of footage, with plenty of performance variants and wonderful ad-libs, especially by Denzel. And it was all exacerbated by the ebb and flow of the actors' energy as the day progressed on, [with] a camera tow rig and the director communicating from another vehicle. Maintaining balance, dramatic energy and pace, visual continuity and harnessing actors' experiments were all left in my hands. So many options in apparently simple scenes became much more difficult than any action sequence I've ever done!"
Conrad Buff
Morgan describes how communication and partnership among editors leads to superior results. "On the series Fear Itself, I had an episode involving a man with a dual personality, where the alter-ego was pure evil," he recalls. "Toward the end of the episode, he's lying on his bed as his world caves in around him. And when his loving wife comes to confront him, he eventually leaps up and brutally murders her.
"I had the idea of creating a montage in picture and sound while our character is lying on the bed, flashing back on all the horrors that have brought him to this point," Morgan continues. "One of the other talented editors on the series, Lynne Willingham, came to offer help with my tight schedule. I told her my idea and she said she would take a whack at it. A short time later, she returned with an amazing impressionistic montage of clips and snips of picture and sound that created a vivid view into our character's tormented mind. The idea was mine but Lynne had carried it to lengths I would never have accomplished. That's just one example of how editors working together can feed off each other to help the story along."
Randy Morgan
Nowhere does the credo "communication within departments" count more than in postproduction. And it begins with the underestimated, but all-important, relationship with the cinematographer. For Washington Square, David Siegel, ACE (Leverage, Mad Men, Rome, Law and Order) worked closely with both director Agnieszka Holland and Jerzy Zielenski, ASC.
Siegel explains "the opening scene started on the clouds and in one camera move, traveled through the trees, into a brownstone, up a flight of stairs and ended up on a woman during childbirth. I worked with [Holland and Zielenski] on-set to create the series of shots, camera speeds and angles, and green screens needed to make four shots appear as one. I always welcome my collaboration with the DP and meet as early as possible to discuss the look of a project. Communication is the best way a DP and editor can help each other, especially because the digital workflow impacts how we post."
Andrew Weisblum
Weisblum seconds that approach, adding that, "because we had no storyboards on Black Swan, I found myself on set quite a few times. I worked closely with Matty Libatique [ASC] and Darren Aronofsky to discuss possible additional shots so that we had options on a sequence. It always helps to be in sync with [production] so we can build on each other's ideas."
Pankow, too, feels the director/editor/cinematographer triumvirate is key to a project's success. "I've had the good fortune to work on films shot by such accomplished cinematographers as Stephen Burum [ASC] and Vilmos Zsigmond [ASC]," he says. "The cinematographer's attention to detail and coverage, as well as to scene transitions, has helped me immeasurably. The more choices we are offered in the editing room, the more layered and nuanced the director's vision can be."
Bill Pankow
Live action gets most of the attention when it comes to deft and artful editing, even though, as Dreamworks' Animation James Ryan points out, "animation editors are charged with the same tasks – determining the pacing from shot to shot, scene to scene, and picking the best performances. How we get to the end result is where the differences lie."
Or as Rich Dietl, also with Dreamworks, adds "Animation editing starts at the beginning and never stops until the film is done."
In fact, animation editors are continually re-cutting as scenes travel through different departments, growing more complex with each step. And they have more tools at their disposal.
"If [a live action editor] wants an actor to deliver an important line in a close-up," Ryan points out, "they are tied to whatever single take works best. In animation, the performance begins with dialog and no picture, so the editor can combine the best parts of the best takes. We can even adjust pacing, tightening or lengthening pauses."
"As opposed to starting with a complete script, individual scenes are pitched to the team, and acted out by the animators, in front of storyboards that they have created," adds Siegel, who worked on Shrek the Third.
"Because we're starting with storyboards, we can often add camera moves within the AVID, or cobble storyboards together to create a new shot if needed," says Dietl. "Maybe a nice crane shot would work in the scene; we can try it out and see if it works."
The other big difference with animation is the production timeline, with the average animated feature covering three years. "If we want to try a new camera angle or a new line of dialog, we can just call down a storyboard artist or get out the microphone and give it a try," Ryan says. "There's no need for an expensive re-shoot."
Visual Effects is another aspect of the editor's craft that's often overlooked. Sharon Smith Holley (Stuart Little, Grinch, 2 Fast 2 Furious) says a VFX editing room is usually packed with people who are firing on all creative cylinders at once. "I remember when we were doing 2 Fast 2 Furious," Smith says. "John Swallow, who was overseeing VFX for Universal, and director John Singleton came up with interesting possibilities for us to put together. And I watched [VFX supervisor] Mike Wassell literally create some shots in my cutting room on his laptop, which were then sent for film outs. We had two pre-vis people down the hall working with footage I would export, who would then turn around and give me post-vis shots for the cut to help move the story by showing what the VFX house would deliver, whether we used them for studio screenings or previews of the race sequences. They were exciting with these temp shots."
Increasing the thrill quotient for viewers is what new technology is all about. But how will these complex digital tools impact the editor's craft over the next decade? Carol Littleton, ACE was an Oscar nominee for E.T., and an Emmy nominee for Tuesdays with Morrie. Her most recent film was last winter's Country Strong. Littleton, a self-described "old film editor," says she can see the writing on the wall and the world of editorial is at crossroads.
"Digital capture has replaced shooting on film for the majority of television production, and it is likely that advanced digital cameras will allow for their predominate use in features," Littleton states. "With the current digital tools, the workflow from camera to a finished film is chaotic at best, with digital post companies doing the work once done by film laboratories and telecine houses." Littleton says the management of digital RAW files now falls "either to the DIT on the set, a digital post-production house and/or to the assistant editor. So that means the first steps of post-production [like converting RAW files] are shared by camera and editorial with no clear lines of responsibility. And [the new digital technology] has editorial doing an increasing number of jobs. I can still remember the days when we screened our first cut on film with grease pencil dissolves and two sound tracks, mixing on the fly!"
Lisa Churgin
Over the last 10 to 15 years, as many veteran editors polled for this article have shared, the picture editor's craft has expanded to include cutting sound effects and music, AVID mixes, title design, and special visual effects, all of which are generated on their individual workstations. "I remember the first time I worked on an AVID," Littleton continues. "The producer asked if I really needed an assistant since their work would be done by the AVID! Have you counted how many people are on the editorial staff in post-production these days? Or how many editors are required to get to the final mix? The workstation may have the software, but the editor still does the work. And it's imperative Local 700 stays abreast of the latest technologies, defines new jobs, trains our members in the latest digital procedures, and uses all that knowledge as leverage in the collective bargaining process."
Churgin, a past president of the Motion Picture Editors Guild, is in complete agreement. "Unions protect us in every way," she concludes. "I have been in situations where the studio has tried to take advantage of me, and of others. One particular time was when the head of post-production scheduled a sound check screening late in the day. That meant we had to work until 2 a.m. to mix the sound for our screening the next day. The studio attempted to not pay for that overtime. But the union made a call. They are there to protect all of us, in so many ways."
ICG September 2011
The Steadicam – "The biggest thing since Technicolor"
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