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Justia › US Law › Case Law › Texas Case Law › Texas Court of Appeals, Third District Decisions › 2013 › ICON Benefit Administrators II, L.P.; American Administrative Group, Inc.; and HealthSmart Preferred...
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ICON Benefit Administrators II, L.P.; American Administrative Group, Inc.; and HealthSmart Preferred Care, II, L.P. v. Greg Abbott, Attorney General of Texas; and The City of LubbockAppeal from 345th District Court of Travis County (opinion )
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-11-00459-CV ICON Benefit Administrators II, L.P.; American Administrative Group, Inc.; and HealthSmart Preferred Care, II, L.P., Appellants v. Greg Abbott, Attorney General of Texas; and The City of Lubbock, Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT NO. D-1-GN-11-001866, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING OPINION This is an appeal from an order denying a temporary injunction in a suit challenging an Attorney General's open-records decision. The suit was initiated by appellants ICON Benefit Administrators II, L.P.; American Administrative Group, Inc. (AAG); and HealthSmart Preferred Care, II, L.P. (collectively the "Parker Group"1) and seeks to compel the City of Lubbock and the Attorney General to withhold from public disclosure an "audit report" in the City's possession that addresses services provided by Parker Group entities to the City. Following an evidentiary hearing, the district court issued an order denying the Parker Group's application for temporary injunction. The Parker Group filed a notice of appeal and moved for an emergency stay pending this Court's resolution of its appeal. We granted the stay. For the reasons explained below, we now overrule the Parker Group's contentions on appeal, affirm the district court's order, and vacate the stay. 1 A reference to the entities' common ownership or affiliation, also used by the parties. BACKGROUND From 2004 through 2006, the City of Lubbock contracted with two Parker Group companies—appellants ICON and AAG—to provide third-party administration of the City's selffunded health-care plan. The City contracted with a third Parker Group company—appellant HealthSmart—to serve as the City's "preferred provider" organization for that same plan. During the course of the City's relationship with the Parker Group, disputes arose as to whether ICON and AAG had complied with their administrator contracts with the City, and the Parker Group ultimately initiated arbitration proceedings to resolve the disputes. The Parker Group also filed a related defamation action in a Dallas County court at law against several of the City's employees who, according to the Parker Group, had publicly and falsely accused the Parker Group of mishandling the City's contracts. In the Dallas defamation case, the City hired an expert, Sally Reaves, to audit the administrative services that ICON and AAG had performed for the City's health-care plans. The purpose of the audit was to determine whether the employees' alleged statements regarding the Parker Group were, in fact, true, and thus not actionable defamation. Thereafter, a discovery dispute arose as to whether Reaves could gain access to certain Parker Group documents and information that were ostensibly necessary for her to conduct her audit. The Dallas County Court at Law ordered the Parker Group to produce certain sensitive materials under a protective order that restricted the use and disclosure of the materials and "all information derived therefrom." The protective order was later amended to allow the City to use the protected materials in the arbitration proceeding. Before Reaves finished her audit and report, the parties settled the Dallas defamation case, and it was dismissed. But the arbitration remained ongoing, and the parties to that proceeding 2 disputed whether Reaves's forthcoming audit could be used in it. The arbitrator ruled that the City could use the audit and issued a protective order that was substantially identical to the one issued in the Dallas lawsuit. The City instructed Reaves to finish her audit. Reaves later submitted to the City a document dated March 18, 2011, and titled "Audit of the Parker Group Administration of Benefit Plans for the City of Lubbock" (Reaves Audit). In April 2011, shortly after Reaves submitted the Reaves Audit to the City, the City received three requests under the Texas Public Information Act (PIA)2 that called for its production. Concluding that the Parker Group's interests were implicated, the City notified the Parker Group of the requests and requested an opinion from the Attorney General as to whether the PIA required it to produce the Reaves Audit. See Tex. Gov't Code §§ 552.301 (PIA provision requiring governmental body that receives written request for information it wishes to withhold to ask for decision from attorney general), .305 (requiring governmental body that requests decision to notify affected third parties that they may submit briefing to attorney general). The Attorney General determined that the City was required to release the Reaves Audit because it was subject to mandatory disclosure under the PIA. See Tex. Att'y Gen. OR2011-08928. Around this same time, the Parker Group had filed a motion in the dismissed Dallas defamation suit seeking enforcement of that court's protective order to prevent public disclosure of the Reaves Audit. The Parker Group argued that the protective order prohibited public disclosure of the Reaves Audit because it contained protected materials and information derived from them. After a hearing, the Dallas County Court at Law signed an order in July 2011 declaring that public 2 The PIA is codified in Chapter 552 of the Government Code. See Tex. Gov't Code §§ 552.001–.353. 3 disclosure of the Reaves Audit was not prohibited by the protective order and denying the Parker Group's motion. The Parker Group appealed the county court at law's order to the Dallas Court of Appeals. Recently, that court reversed the county court at law's order, holding that the protective order prohibits public disclosure of the Reaves Audit. See Icon Benefit Admins. II, L.P. v. Mullin, __S.W.3d__, No. 05–11–00935–CV, 2013 WL 2423171, at *6 (Tex. App.—Dallas June 5, 2013, no pet. h.). While its appeal to the Dallas Court of Appeals remained pending, the Parker Group filed the underlying suit in the Travis County District Court against the Attorney General and the City, seeking declaratory judgment that the Reaves Audit was protected from public disclosure. See Tex. Gov't Code §§ 552.3215, .325 (PIA provision authorizing suit for declaratory judgment by party seeking to withhold information from requestor). The Parker Group also requested temporary and permanent injunctions enjoining the public release of the audit. The district court granted the Parker Group's request for a temporary restraining order, but after discovery and an evidentiary hearing on its application for a temporary injunction, issued an order denying Parker Group's application and dissolving the temporary restraining order. In its order, the district court stated that the Reaves Audit "is a completed report, audit, evaluation, or investigation made of, for, or by a governmental body" under PIA section 552.022(a), that "there is no other law excepting the Reaves Audit from disclosure," and that the Parker Group "failed to prove a probable right of recovery to support" its application for temporary injunction. It is from this order that Parker Group now appeals.3 3 See Tex. Civ. Prac. & Rem. Code § 51.014(a)(4) (permitting interlocutory appeal of district court's grant or denial of an application for temporary injunction). 4 DISCUSSION The Parker Group brings six issues on appeal. In four of the six issues, it challenges the district court's decision to deny the temporary injunction, principally arguing that it has shown a probable right to relief. In its remaining two issues, the Parker Group challenges evidentiary rulings made by the district court during the temporary-injunction hearing. Temporary injunction A temporary injunction is an extraordinary remedy that does not issue as a matter of right. Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002). The purpose of a temporary injunction is to preserve the subject matter of the litigation pending a trial on the merits. Id. To obtain a temporary injunction, the applicant must plead and prove three elements: (1) a cause of action against the defendant; (2) a probable right to the relief sought; and (3) a probable, imminent, and irreparable injury in the interim. Id. Whether to grant or deny a temporary injunction is within the trial court's sound discretion. Id. Only the second element is implicated in this appeal. Because the decision to grant or deny a temporary injunction lies within the sound discretion of the trial court, we will not disturb that decision absent a clear abuse of discretion. See id. We must not substitute our judgment for that of the trial court unless the trial court's action was so arbitrary that it exceeded the bounds of reasonable discretion. Id. We review the evidence before the trial court in the light most favorable to the court's ruling, draw all reasonable inferences from the evidence, and defer to the trial court's resolution of conflicting evidence. See Davis v. Huey, 571 S.W.2d 859, 862 (Tex. 1978); INEOS Grp. Ltd. v. Chevron Phillips Chem. Co., L.P., 312 S.W.3d 843, 848 (Tex. App.—Houston [1st Dist.] 2009, no pet.). A trial court does not abuse 5 its discretion if it heard conflicting evidence, and evidence appears in the record that reasonably supports the trial court's decision. See Butnaru, 84 S.W.3d at 211; Davis, 571 S.W.2d at 862; INEOS, 312 S.W.3d at 848. A trial court abuses its discretion in granting or denying a temporary injunction when it misapplies the law to the established facts. See State v. Southwestern Bell Tel. Co., 526 S.W.2d 526, 528 (Tex. 1975). The Texas Public Information Act The Texas Legislature enacted the PIA with the express purpose of providing the public "complete information about the affairs of government and the official acts of public officials and employees." Tex. Gov't Code § 552.001(a); Jackson v. State Office of Admin. Hearings, 351 S.W.3d 290, 293 (Tex. 2011). The PIA is aimed at preserving a fundamental tenet of representative democracy: "that the government is the servant and not the master of the people," Tex. Gov't Code § 552.001(a); Jackson, 351 S.W.3d at 293, and reflects the public policy that the people of Texas "remain[] informed so that they may retain control over the instruments they have created," Tex. Gov't Code § 552.001(a); see Jackson, 351 S.W.3d at 293. To advance these policy goals, the Legislature has directed that we liberally construe the PIA in favor of disclosure of requested information. See Tex. Gov't Code § 552.001; Jackson, 352 S.W.3d at 293. The PIA guarantees access to "public information," subject to certain exceptions. See generally Tex. Gov't Code §§ 552.001–.353. "Public information" is defined within the PIA as "information collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business" by or for a governmental body. Id. § 552.002(a). There is no dispute that the Reaves Audit is "public information" under the PIA. As such, it is subject to 6 public disclosure under section 552.021 unless it qualifies for one of the exceptions to disclosure provided in subchapter C of the PIA. See Tex. Gov't Code §§ 552.101–.153 (subchapter C, titled "Information Excepted From Required Disclosure"). The exceptions "embrace the understanding that the public's right to know is tempered by the individual and other interests at stake in disclosing the information." Texas Dep't of Pub. Safety v. Cox Tex. Newspapers, L.P., 343 S.W.3d 112, 114 (Tex. 2011). But the PIA also generally excludes certain categories of public information—called "core public information"—from the exceptions, unless the information is made expressly confidential under other law. See Act of May 25, 1999, 76th Leg., R.S., ch. 1319, § 5, 1999 Tex. Gen. Laws 4500, 4501–02 (current version at Tex. Gov't Code § 552.022) (hereinafter cited as "Former Tex. Gov't Code § 552.022") (providing mandatory disclosure for certain categories of documents unless they are "expressly confidential under other law");4 Cox, 343 S.W.3d at 114 (describing categories as "core public information"). Of particular relevance here, "a completed report, audit, evaluation, or investigation made of, for, or by a governmental body" is one of the categories of "core public information." See Former Tex. Gov't Code § 552.022(a)(1). Probable right to relief The Parker Group urges that the district court abused its discretion in concluding that they had failed to show a probable right to relief, i.e., a likelihood of prevailing on its claims that 4 We cite to the 1999 version of PIA section 552.022 because that is the version that was in effect when the PIA request was made in this case. See Act of May 28, 2011, 82d Leg., R.S., ch. 1229, § 2, 2011 Tex. Gen. Laws 3271 (making amendments applicable to requests for information received on or after Sept. 1, 2011). The 2011 changes to subsection (a) provided that core public information was not excepted from disclosure "unless made confidential under this chapter or other law." See id. 7 the Reaves Audit is shielded from disclosure under the PIA. See Butnaru, 84 S.W.3d at 204 (noting that applicant for temporary injunction must show a probable right to relief). To that end, they principally challenge the district court's underlying finding that the Reaves Audit is a "completed" audit under PIA section 552.022(a) and, thus, core public information. Specifically, they insist that (1) the Reaves Audit is not a "completed" audit under the PIA and, therefore, is not "core" public information that must be produced regardless of any applicable PIA exceptions; and thus (2) the Reaves Audit is excepted from disclosure under PIA section 552.107(b) because "a court order has prohibited disclosure of the information."5 The Parker Group places great emphasis on what they believe to be erroneous comments on the record by the district court to the effect that a "completed" audit requires only facial completeness. However, any such views expressed by the district court were not reflected in any findings or conclusions and, consequently, are not material to our review. See Cherokee Water Co. v. Gregg Cnty. Appraisal Dist., 801 S.W.2d 872, 878 (Tex. 1990) (holding that judge's comments prior to judgment were not findings of fact); Texas Bd. of Chiropractic Examrs. v. Texas Med. Ass'n, 375 S.W.3d 464, 482 n. 24 (Tex. App.—Austin 2012, pet. denied) (noting that judge's explanatory letter to parties does not impact the standard or scope of appellate review). In any event, we would affirm the district court's right result even in the face of its wrong legal explanation. See Beck v. Law Offices of Edwin J. (Ted) Terry, Jr., P.C., 284 S.W.3d 416, 442 (Tex. App.—Austin 2009, no pet.) (noting that a trial court does not abuse its discretion if it reaches the right result for 5 The Parker Group does not assert that the Dallas protective order would shield the Reaves Audit from disclosure in the event the district court properly determined it to be core public information. We express no opinion as to whether it would. 8 the wrong reason (citing Donaldson v. Barr, 86 S.W.3d 718, 720 (Tex. App.—Houston [1st Dist.] 2002, no pet.)). Instead, the appropriate focus is on whether there is evidence that supports the district court's finding that the Reaves Audit was "completed." See Butnaru, 84 S.W.3d at 211("The trial court does not abuse its discretion if some evidence reasonably supports the trial court's decision."). The Parker Group urges that the evidence negates "completeness" because the copy of the Reaves Audit in dispute omits a "Detailed Findings of Claims Audit," which the document indicates was intended to be attached as an appendix. The Parker Group thus suggests that a "completed" audit under PIA section 522.022 is an audit that contains all its component parts—i.e., is "whole." In contrast, the Attorney General and the City imply that a "completed" audit is one that has been finished or brought to an end, such that the copy of the Reaves Audit in dispute may be "complete" even if the aforementioned appendix was omitted. Consequently, we must confront a threshold issue of statutory construction—i.e., in what sense did the Legislature use "completed"? Because the PIA does not define "completed," we must look to its plain and ordinary meaning. See Presidio Indep. Sch. Dist. v. Scott, 309 S.W.3d 927, 930 (Tex. 2010). To do so here, we begin with the word's usage within the relevant PIA provisions. We find it significant that the Legislature used "completed" in section 552.022 rather than "complete." See Tex. Gov't Code § 522.022(a)(1). "Completed," as it is used in section 552.022, is the past-participle form of the verb "complete," which primarily means "bring to an end." See Webster's Third New Int'l Dictionary 465 (defining the verb "complete"), 1646 (defining "participle"), 1653 (defining "past participle") (2002); see also Tex. Gov't Code § 311.011(a) (Code Construction Act provision requiring that "[w]ords and phrases shall be read in context and construed according to the rules of grammar 9 and common usage"). Past participles such as "completed" usually have a passive meaning. See Webster's at 1653 (noting that past participle forms of transitive verbs usually have passive meanings); see also id. at 465 (noting that "complete" is a transitive verb). In comparison, the adjective "complete" primarily means "possessing all necessary parts, items, components, or elements: not lacking anything necessary"—i.e., "entire" or "whole"—while its secondary meaning is "brought to an end or to a final or intended condition: concluded." See id. (defining adjective "complete"). Thus, a "completed audit" denotes an audit that has been brought to an end and a "complete audit" would be a whole audit or the entire audit. Accordingly, under the plain terms of PIA section 552.022, an audit is core public information if it has been, simply stated, finished. See id. at 853 (defining "finish" as "bring to an end"). And while a "completed" audit may also be "complete"—as in containing the whole or entire—it is not required to be so under the plain terms of section 552.022(a). Similarly, because section 552.022(a) comprehends the possibility that a "completed" (finished) audit may nonetheless not be "complete" (a whole copy), the fact that an audit is not "complete," while perhaps capable of supporting an inference that the audit has likewise not been "completed," would fall short of conclusive evidence of that fact. The evidence presented to the district court in connection with the temporary injunction included testimony from Reaves, the author of the audit, that she had been retained in the Dallas defamation case to audit the Parker Group's administration of the City's healthcare plan, that she created the Reaves Audit, and that she submitted it to the City on March 18, 2011, in what she considered to be a completed form. Specifically, she described the Reaves Audit as her "final audit report" and also averred that "based on [her] education, training, and experience," the Reaves Audit "is final, complete, statistically reliable, and was done in accordance with accepted industry 10 standards and methodology." The copy of the Reaves Audit that was admitted into evidence under seal is dated March 18, 2011, and has Reaves's signature on the front page under "Prepared and Submitted by." In the introduction, the audit explains, "This report presents [the auditor]'s findings of a detailed review of The Parker Group'[s] administration of the City of Lubbock medical, pharmacy and dental plans . . . . ," and "sets forth [the auditor]'s conclusions and observations derived from the review of the available information." The evidence in the record also includes documentation showing that the City of Lubbock, which hired Reaves to conduct the audit, considered the Reaves Audit to be completed. The Parker Group emphasized in its evidence to the district court that the audit was missing certain components. First, as described earlier, the table of contents for the Reaves Audit references an appendix titled "Detailed Findings of Claims Audit," but the page listed is essentially blank except for the words "APPENDIX - DETAILED FINDINGS OF CLAIMS AUDIT." Nothing else matching the description of the appendix is attached to the audit. The Parker Group further presented lengthy testimony from a certified public accountant that the Reaves Audit was not a completed audit because, generally stated, the appendix was not attached and the audit did not meet accounting industry standards for audits. It should be noted here, however, that Reaves testified that she was not an accountant. Finally, the Parker Group elicited a stipulation from the attorney representing the City that the Reaves Audit remained an ongoing concern in the arbitration proceedings and that the City continued to request documents related to the subject matter of the Reaves Audit after the Dallas case had concluded. But while these circumstances—i.e., a missing appendix, failure to meet accounting standards, and continued expansion and use—may be probative 11 of whether the Reaves Audit is "completed" under the plain language of the PIA, they are not singularly dispositive of whether the Reaves Audit was brought to an end or concluded. Viewing the evidence in the light most favorable to the district court's ruling, drawing all legitimate inferences from the evidence, and deferring to the district court's resolution of the conflicting evidence, we conclude that the evidence before the district court supports its determination that the Reaves Audit was completed and, thus, core public information under the PIA. Although the Parker Group's argument regarding the missing appendix has some intuitive appeal and, as suggested, may be probative of whether the audit was "completed," there is evidence in the record to support the district court's conclusion that the Reaves Audit was finished or concluded. Further, while it may be true that professional accounting standards require more than what the Reaves Audit offers and that fact may be probative of the audit's state of completion (and competency), a non-conforming audit could still be concluded, especially given the evidence that Reaves was not an accountant subject to those professional standards and that she had finished it according to other applicable standards. For essentially the same reasons, the evidence that the City and Reaves continued to work on the Reaves Audit after March 18, 2011, in connection with the arbitration proceeding is likewise not dispositive of whether the Reaves audit is a "completed" audit. In sum, although there is evidence that Reaves continued to work on the Reaves Audit after March 18, 2011, that the audit was missing contents as of March 18, 2011, and that the audit did not meet professional accounting standards, there is some evidence that the Reaves Audit was finished as of March 18, 2011. As such, the district court's conclusion that the Reaves Audit is a "completed" audit is supported by the evidence. See Butnaru, 84 S.W.3d at 211 ("The trial court does not abuse its discretion if some evidence reasonably supports the trial court's decision."). 12 The district court's conclusion that the Reaves Audit was a "completed audit" meant that it was core public information under PIA section 552.022(a)(1). Core public information cannot be withheld from disclosure unless other law explicitly makes the information confidential. See Former Tex. Gov't Code § 552.022(a). The Parker Group does not urge any other basis for withholding it. Accordingly, the district court's conclusion that the Parker Group was not likely to prevail on its claim was not arbitrary or unreasonable and was not made without reference to guiding rules and principles. See Butnaru, 84 S.W.3d at 211; Davis, 571 S.W.2d at 862; INEOS, 312 S.W.3d at 848. We overrule the Parker Group's first, second, third, and fifth issues. Evidentiary rulings The Parker Group's remaining appellate issues challenge the district court's decision to exclude two groups of documents from the evidence submitted at the temporary-injunction hearing. The first group consists of a letter from the Lubbock City Attorney, Amy Sims, to the arbitrator in the contract dispute regarding the need for documents to complete the Reaves Audit and several notices of subpoena from the City to third parties seeking documents related to matters at issue in the Reaves Audit. The Parker Group contends that these documents, which were all created after March 18, 2011, prove that the Reaves Audit was not "completed." The second group includes Sims's deposition testimony and an annotated copy of the Reaves Audit in which Sims acknowledges, according to the Parker Group, that the Reaves Audit may be protected by the Dallas protective order. According to the Parker Group, this second group of excluded documents prove that the Dallas protective order bars disclosure of the report. 13 Standard of review We review a trial court's decisions regarding the admission of evidence for an abuse of discretion. See City of Brownsville v. Alvarado, 897 S.W.2d 750, 754 (Tex. 1995). The test for abuse of discretion is whether the trial court acted without reference to any guiding rules or principles. E.I. du Pont de Nemours Co. v. Robinson, 923 S.W.2d 549, 558 (Tex. 1995). An appellant must show that: (1) the trial court erred in not admitting the evidence; (2) the excluded evidence was controlling on a material issue dispositive of the case and was not cumulative; and (3) the error in the exclusion of the evidence probably caused the rendition of an improper judgment. Texas Dep't of Transp. v. Able, 35 S.W.3d 608, 617 (Tex. 2000). Evidence that the audit was not "completed" Assuming without deciding here that the district court erred in excluding the first group of documents—i.e., the Sims letter and the subpoena—and even further assuming that these excluded documents would have shown that Reaves continued to work on the audit after March 18, 2011, we would still not reverse the district court's decision here because the Parker Group has failed to show that the error was harmful. See id. First, the excluded evidence here is cumulative of other evidence in the record. For example, Reaves testified that she had been retained to conduct the same audit in the arbitration proceedings. Further, the City stipulated, in response to the Parker Group's efforts to get these documents admitted, that there was an overlap of issues between the Dallas litigation and the arbitration proceedings, that the overlap included the subject matter of the Reaves Audit, and that there was ongoing discovery in the arbitration proceedings that directly related to the issues in the Reaves Audit. Second, even if the excluded evidence had not been cumulative, 14 our review of the district court's decision to deny the Parker Group's application for temporary injunction requires us to review the evidence submitted in the light most favorable to its decision, draw all legitimate inferences from the evidence, and to defer to the court's resolution of conflicting evidence. See Davis, 571 S.W.2d at 862. As discussed above, there is evidence supporting the conclusion that the Reaves Audit was "completed." Thus, even if the excluded evidence conclusively established that the Reaves Audit was used, changed, and expanded in connection with the arbitration proceeding, it would not affect our review of the district court's decision to deny the temporary injunction based on its conclusion that the Reaves Audit was "completed." Accordingly, the Parker Group was not harmed by the district court's exclusion of this evidence. See Able, 35 S.W.3d at 617. Evidence that the Reaves Audit was subject to the Dallas protective order The Parker Group asserts that it was error for the district court to exclude the second group of documents—i.e., Sims's testimony and the annotated Reaves report–—because this evidence would have established that the City considered the Reaves Audit confidential and subject to the Dallas protective order. But, again assuming that the district court erred in excluding this evidence and that it proves what the Parker Group says it proves, we would not reverse the district court's decision here because, as the Parker Group acknowledges, this issue would only be of import if the Reaves Audit is not core public information under the PIA. Given that we have determined that the district court did not err in concluding that the audit was completed, the Reaves Audit is core public information and, as a result, the Parker Group could not be harmed by the exclusion of this evidence. 15 We overrule the Parker Group's fourth and sixth issues. CONCLUSION Having overruled the Parker Group's issues, we affirm the district court's order denying the Parker Group's application for temporary injunction and vacate the emergency stay previously instituted by this Court. __________________________________________ Bob Pemberton, Justice Before Chief Justice Jones, Justices Pemberton and Rose Affirmed Filed: August 22, 2013 16


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Hiker Rescued After Spending 5-Days Lost in Angeles National Forest, CA Wilderness
SnowBrains | May 21, 2021
George David Null, 58, spent five days in the California wilderness before being rescued. Credit: LASD Special Enforcement Bureau
A 58-year-old hiker has been found alive and well five days after he went missing in the Angeles National Forest, CA, wilderness.
Related: Twitter Comes to the Rescue of Hiker Missing in Angeles National Forest, CA
George David Null left Saturday morning for a 6-mile hike in the 700,000-acre area located in the San Gabriel Mountains, northeast of Los Angeles. When he failed to return later that evening, his worried girlfriend raised the alarm.
Missing person. Credit: LACSD
Initial searches by rescue crews discovered his vehicle in one of the forest's car parks the following day. However, after thirty hours of nonstop hiking and searching, crews still hadn't located him by Monday.
One team hiked rugged drainage called Devils' Canyon—a fourteen-hour trek that led the crew through the brush, fog, and waterfalls.
By Wednesday, rescuers had brought in a helicopter crew, and while flying over Bear Creek, crews spotted the lone hiker on the ground flagging them down. Bear Creek, also known as Bear Canyon Trail, is a canyon that hikers rarely tread due to its "rugged and narrow" trail.
UPDATE! Missing Person was #FOUND earlier today. He spent 5 days lost in a remote area of the Angeles Forest. He is happy to be safe and airlifted by #LASD Air Rescue 5 after massive search effort. @SEBLASD @MontroseSAR pic.twitter.com/H1sIddMV4f
— LA County Sheriffs (@LASDHQ) May 20, 2021
"He was alive and well and alert and flagging them down. They conducted the hoist rescue and got him out of the canyon and brought him to a helipad — they assessed him to make sure there wasn't any medical issues."
– Sgt. John Gilbert of the Los Angeles County Sheriff's Department told SFGATE
Null was safe and well, if not just a little tired and hungry. Thanks to his previous hiking experience, and work with the Eagle Scouts, he was able to find safe water to drink.
2 thoughts on "Hiker Rescued After Spending 5-Days Lost in Angeles National Forest, CA Wilderness"
Craig Bump says:
They found Plake? Damn, I didn't know he was lost. Great work men
prevented darwinism from working its magic

redpajama_set_name: RedPajamaCommonCrawl


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Are Pennsylvania Facebook users getting more divorces?
On behalf of Palange & Endres, P.C. posted in Property Division on Friday, July 18, 2014.
On behalf of Palange & Endres, P.C. posted in Property Division on Friday, July 11, 2014.
The division of assets during a Pennsylvania divorce is never easy. The emotional aspects of "letting go" and the legal and financial complexities can be overwhelming. Issues surrounding the division of assets in a divorce, though, can often be even more complex for individuals over the age of 50. Because these spouses usually have many years of work and savings behind them, and are nearing retirement age, the property division processes often includes pension plans, IRA accounts, real estate property and other complicated financial assets.


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FPI Statement on New NYS Labor Data and Comptroller DiNapoli's Labor Force Report
New York added 456,000 jobs from June 2021 to June 2022 — making New York the fifth fastest growing job market in the United States
Press Contact: Monica Klein, 917-565-0715
press@fiscalpolicy.org
NEW YORK, NY | November 22, 2022 — Nathan Gusdorf, Executive Director of the Fiscal Policy Institute, today released the following statement:
"Recent data released by the Bureau of Labor Statistics today reveal New York State added 456,000 jobs from June 2021 to June 2022, which represents a 5.1% annual increase — making New York the fifth fastest growing job market in the United States.
"Comptroller DiNapoli's latest report on New York's labor force does not include recent strong positive job market trends from 2022. Rather, the Comptroller uses 2021 data as its endpoint — the year after the state's labor market was pummeled by the pandemic — to draw conclusions about the job market's current recovery, without reference to more recent positive job growth."
New York State added 456,000 jobs from June 2021 to June 2022 — an annual increase of 5.1%. (Bureau of Labor Statistics, Table 3).
New York State's employment gain rate of 5.1% is the fifth fastest growth rate of any state in the U.S. By comparison, U.S. total employment grew by 4.0% over the same time period. (BLS, Table 3)
Employment growth was especially high in New York City:
Manhattan employment grew by 8% — the highest of any large county in the United States. (BLS, Table 2)
Overall New York City employment grew 7.2 percent, reaching 4.33 million in June 2022. (BLS, Table 1)
Within New York State, leisure and hospitality had the largest employment increase and rose by 78,453, or 45.6%. (BLS, Table 2)
Published On: November 30th, 2022|Categories: Blog, Economic Outlook, Economic Trends & Policy, NYS Budget, Tax & Budget|


In New Zealand, there are currently more than 550 people waiting for an organ or tissue transplant. Sadly, some of those people will die waiting, while others will continue to lead lives restricted by long-term treatment.
Donation makes a difference. It offers valuable second chances and dramatically changes lives.
If there were more donors, many more people could benefit from life-saving transplants.
Our website is designed to provide you with accurate information on deceased organ and tissue donation and to support you and your family through the decision-making process towards becoming a donor.
Here you will find courageous & heartfelt stories from donor families and transplant recipients; together with information & educational resources within our Facts and Myths and Knowledge Centres.


A beautiful oval ruby was selected for this cluster ring made in 18ct yellow gold. The ruby is surrounded by 12 round brilliant-cut diamonds.
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As we come into the Spring and Summer months, the real estate market heats up as well! We are entering into the best time of the year to sell (and buy). Let us explain!
For sellers, it goes like this. People like moving in the warm months. Who wants to move in November or December during the holidays? They also like letting their kids finish school before moving. This means sellers have a lot more interested buyers in May, June and July.
For buyers, this means lots of options in the Spring and Summer. More homes enter the market than at any other time of the year.
Currently, the Hampton Roads' market favors sellers.
This is because of the shortage of inventory. It's measured in months. If no new homes were put for sale and people kept buying homes, how long would it take to run out of homes? Like in the 40-yard dash or 5K run, we measure it in time.
We have about 4 months of inventory available as of April 2018.
Compare that to 5 years ago, when we had 6 or 7 months of inventory. There were more sellers than buyers. That's a very different story. You can see in the chart that the supply has been going down the last few years.
It's like when you shop in November or December for the newest XBOX or Nintendo for the kids (or yourself), and so everyone else is shopping too. The shortage helps the sellers move things quickly! Now you're waiting in line or online every day!
What does this mean? For sellers, you can expect to get more money for your home. As the chart below shows, home prices in Hampton, Newport News and Yorktown peak May through July.
Williamsburg doesn't always follow this pattern. We will be writing about that shortly.
You knew time is money. Now you know timing is money! We'll be posting a short video about this next week.
To look at the data for the Hampton Roads market yourself, follow this link to the Google Doc.


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Marvel Studios Determined To Have Every Community Represented In The MCU
It's been an ongoing source of criticism towards Marvel Studios that their movies are generally lacking when it comes to representation, be it in matters of gender, race, or sexual orientation. And while 2018 saw some improvement in the diversity of the MCU's leading players with films like Black Panther and Ant-Man and the Wasp, executive vice president of production Victoria Alonso has offered her assurance that there's more progress to come.
Speaking to the BBC, Alonso reflected on the world-conquering success of the Marvel franchise, and suggested that with great power comes great responsibility.
"You don't get to have this kind of success if the entire world doesn't see your product. So we are determined to have everyone of those people represented in our films, in some way, at some point in time," Alonso said. "Now, we only make two or three movies a year, so it's difficult to have every single one — but it is definitely one of the things that we have in our minds all the time."
Alonso's credits can be found on every MCU installment save for 2008's The Incredible Hulk, but the Argentina-born EVP feels that their output so far leaves room for improvement, especially in its depiction of Latin, Asian, and LGBTQ communities.
"I think we haven't represented the Latin community, in general. I think that's something we have to do better. I'm Latin, I can tell you that I'm longing for that. The gay community has not been represented whatsoever. I'm gay, so I can tell you that I would long for that," she said. "I think we haven't represented the Asian community well, I think we've had some representation, but it's minimal — and we would like to represent that, in a big way."
Go Behind The Scenes Of All Your Favorite MCU Films
Indeed, Marvel Studios president Kevin Feige announced his intentions earlier this year to bring some LGBTQ representation into the franchise, both through pre-established figures and some new faces. And while Black Panther was regarded as a big moment for black characters in superhero cinema, Alonso went on to stress that we can't let Ryan Coogler's film be a one-off.
"I think just because we do one movie that's called Black Panther and all those actors are represented, doesn't mean that we need to stop there. I think that we should have Black Panther 2 and 3," Alonso said. "I think that every team film that we do has to have a very diverse cast, and that's something that we are definitely working on trying to achieve."
At the moment, the future for Marvel Studios already looks to promise greater diversity in the MCU, with the upcoming Captain Marvel set to provide this franchise with its first female solo lead when it hits theaters on March 8th, 2019. Beyond that, the long-awaited Black Widow movie is finally headed for cinemas, and Feige even claimed this year that the majority of superheroes in this saga will soon be female. Black Panther 2, meanwhile, is confirmed to be on the way, and while the schedule of Marvel's Phase 4 remains pretty mysterious for the time being, it's clear that Alonso, Feige, and their peers have some big plans in mind.
Source: ComicBook.com


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Q: How to make SqlContext.Pipe.Send in SQLCLR stored proc work with unicode? I'm having problems with SQL CLR integration with unicode (Hebrew and Russian text). As a test, I made a simple database project in Visual Studio with the following CLR stored procedure:
[Microsoft.SqlServer.Server.SqlProcedure]
public static void TestProc ()
{
    //Console.OutputEncoding = System.Text.Encoding.Unicode;
    Trace.WriteLine("Unicode test: blip");
    Trace.WriteLine("Unicode test: בליפ");
    Trace.WriteLine("Unicode test: Блип");
    SqlContext.Pipe.Send("Unicode test: blip");
    SqlContext.Pipe.Send("Unicode test: בליפ");
    SqlContext.Pipe.Send("Unicode test: Блип");
}

Published to a test database and executed the stored procedure in SQL server:
EXEC dbo.TestProc;

Both the trace output and SQL server messages replace non-English characters with '????'.
I thought both SQL server and C# worked with unicode. Working with unicode in a Windows Forms project, for example by adding non-English text to a textbox, works fine.
How can I fix this? Is there some setting I'm missing?
This Question relates to the following: How to pass nvarchar (non-English) to CLR (C#) stored procedure?

A: I am guessing that while doing this test, you never closed and re-opened the tab containing the .cs file. Is that correct? You see, Visual Studio doesn't compile the code in the editor, it compiles the code that is saved in the file that you might be currently editing. Those are usually 100% the same, BUT when it comes to "characters" based on values above 127, then Code Pages / Encodings become important. And to be clear, we are talking about the Encoding / Code Page of the C# file, not of the Database.
The problem is that the default encoding, at least on my system and I suspect on most within the United States, is "Windows 1252". So what is happening is that when you compile this code into the Assembly, what is in your editor is saved to disk. But the file encoding cannot support those characters, hence they get turned into ? in the C# file ! Yes, the code getting compiled is not what you are seeing on screen. But you would see it if you were to close the .cs file and re-open it. Both the Hebrew and Russian text would be all ?s. And that is what SQL Server is being asked to print.
To fix this, just go to the File menu, select Advanced Save Options... and in the top drop-down for Encoding, select either:

*

*Unicode (UTF-8 with signature) - Codepage 65001
or:

*Unicode - Codepage 1200   [ this one should save as UTF-16 Little Endian ]
Replace the ? with the intended Hebrew and Russian characters. Now you can Build and Publish and have those characters display as intended.

redpajama_set_name: RedPajamaStackExchange


As dawn breaks over the city of Pau I wake up with eager anticipation and look out across rooftops to the peaks of the Pyrenees that loom over this town. After two flat stages this is where the Tour will be headed tomorrow, promising a tussle among the GC contenders at last. I imagine the likes of Quintana and Aru licking their lips at the prospect of finally having an opportunity to challenge Froome for yellow. But they'll have to wait: today is another long, flat stage.
The night before I'd sat outside a brasserie chewing on some steak frites overlooking the Place de Verdun where the TV compound was to be set up. While I soaked up the atmosphere of the cafe, the open flat square remained empty save for the occasional strolling couple. By the time I'd got to coffee the trucks had started to arrive after their 200km drive from Bergerac and had begun the process of unloading . By morning the whole compound was set up and ready to go: trucks unloaded, gazebos up, miles of cable purposefully laid out, trucks unfolded like transformers to become mobile studios, editing suites and commentary booths.
By 10am spectators show extraordinary patience and are already taking up their stations on the barriers at the finish. Christ, the riders aren't even going to leave the start town until 12. They aren't due to arrive here until 4.30 in the afternoon! There's a strange atmosphere - you can sense people trying to reign in their excitement. After all there's a few hours to wait before even the Tour caravan passes through.
With little going on I decide to wander through the town which carries on its normal midweek routine. Workers sweep the streets, shops begin to open up, deliveries are made. It's a normal day for most of the locals in Pau, which has seen the Tour pass through many times before. I decide to catch the start of the stage on TV at the press centre which has been set up in a large municipal town building. Rows of desks with electricity and internet connections are lined up like an exam hall, and the place has the same intense hush as a smattering of journalists ponder what to write on this, the second of two dull flat stages.
Back at the finish line the stands are beginning to fill up and the fans are kept amused by giant chickens and men dressed up as baguettes. I'm constantly amazed that the crowd, which includes all ages from infants to grandparents, is able to sustain their enthusiasm with only clowns and walking giant saucissons to amuse them.
Later I catch up with Carlton Kirby in the commentary box who shares a cheese platter with Sean Kelly. They take turns to eat while the other speaks, although commercial breaks give both of them the opportunity to dive in. It's another predictable day as the peloton parade down long flat straight roads that offer little opportunity for real bike racing. The only action today will be the sprint finish. I decide to see how far my TV pass can take me and find that I can walk along the course along with the adults dressed as giant farm animals and items from the boulangerie.
Carlton told me my pass gave me unlimited access "It'll get you just about anywhere except the hospitality girls's compound, which is electrified."
As the riders approach, the course is cleared of entertainers. The tension ratchets up, rows of policemen take up their stance, hands behind backs, and the podium girls apply final touches to their make-up. I miss the entire sprint finish on the screen as I find myself jostling with dozens of photographers all eager to get the finish shot. It's Kittel who's won - I only know because I'm swept along with the scrum of media men and women who crowd around the green jersey. It's impossible to get a clear shot so I just hold up the camera and point it in his general direction. Amazingly I manage to catch him in the frame.
Not a day for the climbers. Landa rolls in looking cool as a cucumber, comme d'habitude.
Kittel is swept away by officials along with the other jersey winners of the day. The media circus move to the podium and within a couple of minutes the presentations begin. As soon as they're over, technicians begin to dismantle the stage. Then it's off to the interview enclosure - more jostling as eager journalists and cameramen thrust microphones into faces and riders are interviewed in French, Spanish, English and German.
Afterward the frenetic finish I wander into town and watch the Quickstep mechanics strip down the team bikes as they're surrounded by fans. Later that night you could hear the team celebrating Kittel's victory in their hotel with cheers and chants. But by 10pm it's all quiet as they retreat to their rooms. A big day beckons in the mountains tomorrow and not one for the sprinters.
The next day I decide to experience the Tour from a real fan's perspective and head off to the outskirts of Tarbes before the riders hit the mountains. It's a grey gritty day with spattering rain in a gnarly part of the town as far from the tourist trail as you can get. It's that strange combination of industrial/agricultural that you get on the edge of these French cities. I watch the caravan come through this poor area, as spectators collect as many throwaway freebies as they can, many of them delighted with their collection of cheap keyrings, packets of Haribo and mini salamis.
It's a side of the Tour I haven't seen yet, but I feel I need the obligatory sunflower shot so begin to walk out of town towards fields of hay. I pass through an industrial estate for a couple of kilometres when suddenly the ugly metal warehouses stop on the edge of Le Pouey to reveal open fields. I'll wait here for the riders to come through.
Locals have begun to gather and they look at me suspiciously. I'm an out of towner and I look it and feel it. Workers begin to leave their warehouses and factories to line the road. Banners are raised. Excitement levels rise as various team cars and photographers on motorbikes zoom past.
Then suddenly they're here! The breakway whizzes past, followed a minute later by the main peloton who flash by in a whirr of bright colours. The hum of rubber on tarmac, motorbike engines, cheers from the spectators: "Allez, allez!" and "Vive Le Tour!" Then it's all over in a minute. Bikes, cars and motorbikes are gone and people begin to turn away. Back to work, back home. A small crowd head down a backstreet- a post tour party perhaps.
As I make my way back to the car, a truck draws up, collecting hay bales put there to protect the riders. The street is empty and deserted and there's a horrible sense of anti climax as the rain begins to spit again in this grimy edge of town.
I don't want it all to end like this and I'm torn between heading up to the mountains or catching my flight back home. For a minute I weigh it up but decide to play safe. Airport it is. It's strange how I've hardly seen any actual bike racing in four days of following the Tour despite such privileged access. But it's been thrilling and exciting and I vow then and there that I'll be back next year whatever happens. Vive Le Tour!


The price may be the seller's own price elsewhere or another seller's price. Microsoft Windows 10 bit. See all condition definitions – opens in a new window or tab Learn More – opens in a new window or tab International shipping and import charges paid to Pitney Bowes Inc. The lowest-priced item that has been used or worn previously. Very Good and Very Friendly.
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text:
IMS to honor A.J. Foyt with major exhibit
IMS will celebrate the 40th anniversary of A.J. Foyt's fourth Indianapolis 500 win with an exhibit featuring nearly three dozen cars.
IMS to honor A.J. Foyt with major exhibit IMS will celebrate the 40th anniversary of A.J. Foyt's fourth Indianapolis 500 win with an exhibit featuring nearly three dozen cars. Check out this story on IndyStar.com: http://indy.st/2oz4BtE
Joe Tamborello, joe.tamborello@indystar.com Published 2:42 p.m. ET March 29, 2017 | Updated 7:05 a.m. ET March 30, 2017
A.J. Foyt: Auto racing legend
AJ Foyt talks about his team, Indy and his health Wednesday, May 15, 2013 at The Indianapolis Motor Speedway. Greg Griffo / The Star, Greg Griffo / The Star
A.J. Foyt, Houston, Texas, is shown after qualifying for the upcoming Memorial Day 500-mile Indy auto race at Indianapolis Motor Speedway, Indianapolis, Ind., May 13, 1961. LAURENCE STODDARD, ASSOCIATED PRESS
Frank Del Roy, A.J. Foyt and Gordon Johnson talk in the pits during qualifications May 14, 1977 file
AJ Foyt talks to his grandson and driver AJ Foyt IV during a short rain delay during practice for the Indianapolis 500 Friday afternoon at the Indianapolis Motor Speedway. Matt Kryger
Indy 500 winner Kenny Brack and car owner A.J. Foyt pose with the Borg-Warner trophy and car for a picture taking ceremony in 1999. RICH MILLER, INI
AJ Foyt talks with NASCAR driver, and Columbus native, Tony Stewart in the pit area at the speedway in 2005. AJ Mast, Indianapolis Star
A.J. Foyt, race car driver. 1967. FILE PHOTOS
A.J. Foyt of Houston, Texas, still wearing his goggles and victory wreath, smiles in the garage area of the Indianapolis Motor Speedway May 30, 1961 after winning the Indy 500 for the first of four times. At right is Speedway president Tony Hulman. AP, ASSOCIATED PRESS
Speedway giants greats from two great speedways watch practice at Daytona International Speedway in Daytona Beach, Fla., Feb. 19, 1964. Glenn Roberts, left, of Daytona Beach has won four of the track's major races. Parnelli Jones, center, is the Indianapolis 500 defending champion. A.J. Foyt, right, was 1961 Indianapolis champion. AP, ASSOCIATED PRESS
A.J. Foyt, 1977 Indianapolis 500 winner file
A.J. Foyt struggles to keep his Sheraton-Thompson dirt car in control after the brake pedal broke and threw him out of control and into the wall during the Hoosier 100. Star file photo Sept. 10, 1966 file
A.J. Foyt (standing) with his father A.J. Sr. and mother Evelyn at the annual 500 Festival Pole Mechanic's and Racing Awards Banquet. A.J. Sr. was honored as the top mechanic on his son's car. May 27, 1969 Jim Young/Indianapolis news
A.J. Foyt during practice May 21, 1970. Foyt's car was the Sheraton Thompson Special. T im Halcomb/Indianapolis News
Lucy and A.J. Foyt in their new golden Thunderbird the morning after his 1961 Indianapolis 500 victory. Bob Doeppers/Indianapolis News
C Agajanian, and AJ Foyt. in 1960 provided by A J FOYT racing
A.J. Foyt with Mary Hulman during the Queen's Ball. May 28, 1991 File photos
A.J. FOYT, 1977 winner of the Indianapolis 500 Mile Race. Vern Atkins/Indianapolis News
A.J. Foyt (left) receives his victory payoff from Speedway owner Tony Hulman after winning the 1964 Indianapolis 500. Foyt's share of the purse was $153,650. Joe Young/Indianapolis News
A.J. Foyt Jr. and mother Evelyn Foyt. June 1, 1974 Greg Griffo photo
A.J. Foyt and Mario Andretti chat in the pits during qualifications for the 1988 Indianapolis 500. Berry Smith
A.J. Foyt talks during a news conference Oct. 9, 1990 at Methodist Hospital. He discusses his improvements, rehabilitation and racing comeback following a crash at Elkhart Lake Wisconsin's Road America. Mike Fender photo
A.J. Foyt during 1972 qualifying. Greg Griffo photo
1964 Hoosier Hundred winner A.J. Foyt with his trophy. 9/27/1964 Ed Lacey Jr./Indianapolis Star
A.J. Foyt, 1961 winner of the Indianapolis 500 Mile Race. Joe Young photo
J C Agajanian, Tony bettenhsusen and AJ Foyt. Provided by AJ Foyt Racing
A.J. Foyt winces as he is strapped in for his run at the Indianapolis Motor Speedway. May 9, 1979 Vern Atkins/The News
Gordon Johncock (left) andA.J. Foyt discuss their runs. Foyt ran 193.924 and Johncock ran 192.184 Frank Fisse/The Star
A.J. Foyt acknowledges the crowd after winning his fourth Indianapolis 500 in 1977 Jerry Clark/The Star
A.J. Foyt (left) and Carroll Shelby relax at a reception at the Hall of Fame Museum , March 12, 1991. Shelby drove the Dodge Viper pace car for the 1991 500 MIle Race. Joe Young/The News
A. J. FOYT, in his #14 Sheraton Thompson car, has his hand in the air as comes through a late race accident on lap 200. Chuck Hulse, driving the #8 Hopkins (shown right), finished 195 laps for a 7th place finish. The wheel shown near the wall is from the Hulse car. Foyt was the only driver to complete all 200 laps and did so with an new record average speed of 151.207 mph. The apron and pit entrance are shown in the background JOE YOUNG / INDIANAPOLIS NEWS
A. J. FOYT in the #1 Sheraton-Thompson Special. He started fifth and won the Indianapolis 500 Mile Race with a new record average speed of 147.350 mph for 200 laps. IMS PHOTO
A. J. FOYT poses in the cockpit of his 1964 Sheraton-Thompson roadster which he drove for his second Indy 500 win. Shown around the car (left to right) are IMS museum curator Karl Kizer, Shirley Murphy, Bill Ansted and Indianapolis Motor Speedway owner Anton (Tony) Hulman. WILLIAM A. OATES / INDPLS STAR
A. J. FOYT poses in the cockpit of his 1964 Sheraton-Thompson roadster which he drove for his second Indy 500 win. Owners Shirley Murphy and Bill Ansted donated the car to the track's museum. Shown around the car (left to right) are museum curator Karl Kizer, Shirley Murphy, Bill Ansted and Indianapolis Motor Speedway owner Anton (Tony) Hulman. The photo was taken in front of the museum at West 16th St and Georgetown Road.(Photo: William A. Oates/IndyStar 1966 photo)Buy Photo
The Indianapolis Motor Speedway Museum will celebrate the 40th anniversary of A.J. Foyt's fourth Indianapolis 500 win with an exhibit featuring nearly three dozen cars driven by the IndyCar legend.
The four cars Foyt drove to victory in the Indianapolis 500 will be on display, according to IMS. These cars date back to the days when cars had cool names like "Gilmore Coyote." They'll be on display next to Foyt's many other IndyCar entries as well as cars from his career in NASCAR, USAC and road racing. It will be the first time many of the cars are publically displayed.
The future of IndyCar:The sport's future car is unveiled
100 Years, 500 Miles:IndyStar's historic Indy 500 book
"A.J. Foyt is perhaps the most iconic driver in the 108-year history of the Brickyard," IMS Museum Director and Curator Ellen Bireley said in a release. "We are proud to honor this incredible champion with an exhibit of memories and memorabilia that pays tribute to one of the most diverse and successful careers in auto racing history."
The exhibit will open at the IMS Museum on April 14.
Read or Share this story: http://indy.st/2oz4BtE
Lilly to build North Carolina plant, create over 460 jobs


Home - Grey Cardinal Management Inc.
HIAA has worked with Donna in the past, and we have always found her skills and expertise to be a tremendous value-add to our Project Team.
I do not hesitate to recommend Grey Cardinal Management Inc., and their Project Management Team.
Jon has a long history here at Saint Mary's University, we would certainly recommend Jon and Grey Cardinal Management Inc. as Project Managers in any complex built environment.
I have worked with Donna Hoar since March 2012 on major renovation projects at the IWK Health Center in Halifax, Nova Scotia.
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text:
Herne Bay High School is a mixed ability Academy, with designated Sports College status, situated in Herne Bay, Kent, England. There are 1506 students in the school aged 11 to 18. The principal as of March 2022 is Mr Jon Boyes.

In September 2000, the school became a Foundation School and control passed from Kent County Council to the Board of Governors. Three years later, the school gained the status of a Specialist School and Sports College.

History
The school was founded as Herne Bay County Secondary School, Bullockstone Road at Greenhill, Herne Bay.  On 1 September 2000 the school became a Foundation school and control was passed from Kent County Council to the Board of Governors. Exactly three years later on 1 September 2003 the school became a Specialist school and Sports College. Year groups consist of year 7–13, (Years 12-13 is part of Sixth Form).

School structure
The house system is known as a "College" and each house is named after letters of the Greek alphabet. These consist of: Delta, Epsilon, Omega, Sigma and Theta. Of which, each has its own head of college, mentor team, logo and coloured tie. Each house contains at least 260 students.

Lower school
As of 2014, the lower school has an annual intake of around 258 students at the start of Year Seven (age 11). The lower school (Years 7–11) is 1,285 students strong, for which the school uniform consists of a black blazer accompanied with the school badge on the breast pocket, with black trousers and a white shirt. Socks must be black and shoes must be plain. Shirts must be worn with a tie; which varies according to the mini-community in which the student is placed.

Curriculum
As of 2014, the school follows the National Curriculum in Years 7–11 and offers a broad range of GCSEs (national exams taken by students aged 14–16) and A-levels (national exams taken by pupils aged 16–18).

The school year runs from September to July, split across three terms: the autumn term (September to December), spring term (January to April) and the summer term (April to July). Students receive two weeks off for Halloween, Christmas and Easter, a six-week summer break, and three "half term" breaks.

Examinations
As of 2010, the school offers GCSEs to students in the lower school, and AS/A-levels to students in the sixth form. League tables published by the BBC based on 2008 A-level results rank Herne Bay High as the sixty-second best school in Kent. According to the BBC, in 2009 A-Level students achieved an average of 658.2 QCDA points, against a national average of 739.1 and 44 percent of students achieved five or more grade C results (or equivalent) at GCSE, including Maths and English.

References

External links

 Herne Bay High School on Ofsted

Secondary schools in Kent
Academies in Kent
Herne Bay, Kent

redpajama_set_name: RedPajamaWikipedia


TQSF De-stoner separates stones and heavy impurities from rice utilizing bulk density difference. It is mainly used to separate the heavy impurities such as stone , mud and etc from rice , wheat ,and other grains.
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text:
Communication and collaboration fueled his Mason experience
December 18, 2019 / by John Hollis
December graduate Tristan Moon, a member of the Honors College, said communication across disciplinary boundaries helped drive his research. Photo by Lathan Goumas.
Tristan Moon said his experience in multidisciplinary communication and collaborating with others outside his own field of study was the cornerstone of his education at George Mason University.
Moon, who graduates Thursday, Dec. 19, with a bachelor's degree in chemistry and a minor in Spanish, played a key role in research involving the creation of new nanomaterials using silica. Moon spent several semesters on the research, but said that it wasn't until he began working with others from different disciplines that he began to maximize the impact of his research.
"The benefits I gained from these experiences were immediately clear when it came time to start speaking about my research," said Moon, a 23-year-old Honors College student who gave oral and poster presentations to audiences that included nanoparticle experts, chemists and people without a scientific background.
"In each case, I was fully capable of explaining the significance of my research in such a way as to allow understanding," he said.
The value of communication across disciplinary boundaries has long been a core value for the Honors College, and Richard T. Stafford, director of communications at the Honors College, said that Moon embodied that spirit.
"From when I first taught [Moon] during his first semester in Principles of Research and Inquiry, through several semester periods during which he joined Dean Zofia Burr and myself for the Honors College's Multidisciplinary Research and Creative Projects seminar, he's demonstrated a commitment to engaging with other students with very different disciplinary and methodological perspectives than his own," Stafford said. "He takes the work of others very seriously and sees the value of communicating across the disciplinary boundaries about the work he does."
Moon also chose more direct methods to aid those coming behind him, helping to build the peer and near-peer support system for chemistry students while also playing a key role in putting teams of students in consulting relationships with local nonprofits. He also helped organize tutoring services for students in upper-level chemistry course.
Moon also made time to work with the Arc of Northern Virginia in Fall 2018 as part of the Honors College Connects series. The nonprofit organization works with people with intellectual and developmental disabilities and their families.
"I was able to gain experience in conducting research in a team setting—working with both academic and professional entities—and resolving scheduling difficulties and conflicts," he said, adding that he appreciated be treated as an equal member of the team.
Moon starts in VCU's Nanoscience and Nanotechnology PhD program in January, but he said he'll take with him all that he's learned at Mason.
"The people here at Mason and the community it offers, both played a large role in how I arrived at my current place," he said, "and have definitely played a role in developing my love for chemistry, collaboration, communication and discovery."
Topics: George Mason University, Graduation, Leadership, College of Science, College of Humanities and Social Sciences


text:
Login

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redpajama_set_name: RedPajamaGithub


Everyone will love this version of mashed potatoes! Treat you taste buds to creamy mashed taters combined with tangy cheese and a crunchy bread crumb topping!
Preheat the oven to 400 degrees F. Coat a 13 by 9 by 2-inch baking dish with 1 tablespoon of butter and set aside.
Cook the potatoes in a large pot of boiling salted water until they are very tender, about 15 minutes. Drain; return the potatoes to the same pot and mash well. Mix in the milk and melted butter. Mix in the mozzarella cheese and 3/4 cup of the Parmesan. Season, to taste, with salt and pepper. Transfer the potatoes to the prepared baking dish. Stir the bread crumbs and remaining 1/4 cup of Parmesan in a small bowl. Sprinkle the bread crumb mixture over the mashed potatoes.
Bake, uncovered, until the topping is golden brown, about 20 minutes.


Maximize your charging power. The RA-6 allows you to connect several PowerFilm® chargers in parallel for increased current output (amps). By connecting multiple panels, you can achieve a combined output of up to 20 amps.
Protect yourself from being stuck with a dead battery, thanks to the RA-8 extension cord, which can conveniently connect to a car or boat battery. Includes professional marine-grade components ready to attach to your PowerFilm Solar Panel.
Regulate your battery charge and protect from overcharging with the RA-9. It features 100% solid state electronics. All power switching is done with MOFSET's - no mechanical relays are used. Rated 4.5 amps @ 12V.
The perfect solution for semi-permanent battery charging applications. The RA-11 extension cord features ring terminal ends, plus an extra 15' of range.


Silicon Valley, of course, is known for its casual dress, which means t-shirts, jeans and sneakers. But don't be fooled, techies care a lot more about fashion than they let on. Or put another way, there's a lot of code in the Silicon Valley dress code.
In fact, engineer Alexey Komissarouk boasted he could tell if people were in tech and what they did by just looking at their dress. I met him a few months ago at the FWD.us hackathon and I asked him to show me his super power. He agreed and we met in downtown Palo Alto.
Before we got started, Komissarouk explained that the Silicon Valley is full of tribes: there are the engineers, designers, product managers, salespeople, entrepreneurs and VCs. And each tribe has its uniform.
The engineers? T-shirts, jeans and hoodies, of course.
"Hoodie signals young talent," said Dan Woods, a techie we stopped on the street.
The tip off? A zippered v-neck sweater.
"That's like classic VC and then you got the button down underneath it, that's like the classic uniform," Komissarouk said.
We stopped Woods and asked him. Turns out, he did work in venture capital, which is about when he got the sweater.
Turns out the uniform is a long time tradition in tech, says Erik Schnakenberg, a co-founder of Buck Mason, a start-up that sells men's clothing online.
In the fast-moving world of tec, the idea is to show that your'e not wasting precious time on something as vain as fashion. Schnakenberg says the uniform hasn't changed much but tech is attracting a lot more of the cool kids and they care about fashion.
It's also why I keep my head shaved myself. One less thing to think about when I roll out of bed.


text:
Ability for Authorization libs.

## Usage

Coming...

### Test

The tests are written for mocha and mostly use *chai* `expect` and should as test DSLs to write the specs.

`mocha test`

## Install

`npm i ability`

## Licence

MIT License
Copyright 2014-2015 Kristian Mandrup

See LICENSE file


Present at the meeting: John Haschak, Matt Finnegan, Steve Setera, Jennifer O'Brien, Tracey Tu, Ping Huang, Jin Rou, Nataindra, Heng Yin, David Duong, Gwo Fang, Glen Alvarez, Laura Wedderburn, Steve Setra, Amanda Setra.
6:05 PM-Call to Order by President John Haschak.
Approval of Minutes from November meeting.
6:10 PM- Introductions and announcements. PTO spring trip dates- Girls School 4/20/13, Boys School 4/27/13. K-12 are welcome with parents to attend the trips. Discussion of how peaceful and nice the location is.
Student Body President and Vice President give presentation. The girls have started a sister system to help support each other, they have sister Yoga planned for Wednesday the 19th. The Girls are preparing for the Christmas banquet, singing and potluck. Freshman went to plowshares to help prepare meals for the homeless at thanksgiving.They are planning on returning to help with Christmas dinner, including games, songs, and decorations for Christmas. All of the feed back from their volunteering at plowshares has been very positive.
Video' made by the high school girls AP English students were shown. Topic of benefit with nature and how it affects you. The ideas were impressive and entertaining.
PTO- consensus is that we need to find a good gym nearby for the Boys to practice. Vic and Steve are going to collaborate on finding out what the team is entitled to through the city league and other possible options closer, safer and cheaper than the Hopland option.
6:40 pm-Treasurer's report: Treasurer Jennifer O'Brien states 1,800 dollars have been spent on gifts and cards for the teachers of both schools and they are available for parents to sign at the meeting.
6:45-7pm- Card signing and meeting adjourned.
Next meeting February 7, 2013 6:00 pm.


text:
Q: Removing an element JS vs CSS for Page speed Is there any difference in page speed if you remove elements from displaying with javascript instead of CSS?
If for example I had a lot of content in the sidebar, but wanted to remove it for smaller screens, I would do:
@media screen and (max-width: 1025px) {

    .sidebar {
        display: none;
    }
}

I'm not used to using js, but I found out how to do the same thing with jquery:
var width = window.innerWidth || document.documentElement.clientWidth || document.body.clientWidth;

if(width < 1025) {

     $(".sidebar").remove();
}

Is there any difference in terms of speed between the two?

A: CSS will always outperform JS, but there are many things you can do in JS that you cannot in CSS.
Note that your JS example will work only once (unless you add an onresize listener) while the CSS example will always respond to changes.
Next, your JS example removes the element from the DOM, while the CSS only hides it by setting the display property to none (but the element is still present in the DOM and can be restored, unlike the JS example).
The equal JS code would be:
$(window).on('resize', handleWidth);

function handleWidth(){
  var width = window.innerWidth || document.documentElement.clientWidth || document.body.clientWidth;
  if(width < 1025)
     $(".sidebar").hide(); // document.getElementById('sidebar').style.display = 'none';
  else
     $(".sidebar").show(); // document.getElementById('sidebar').style.display = 'block';
};

A: CSS is best. All content will be loaded either way. Then you have JS happening after!

A: In the code you provided, the css is hiding the element and the jquery is being deleted.
In vanilla js to hide an element you do this:
document.getElementById("El").style.display = none
The difference between that and css is so minimal it would never make a difference in speed.


It was a big week for synthetic biology in San Diego, a bit rocky for Bothell, WA-based Alder's IPO, and South San Francisco's Exelixis had some encouraging results from an early-stage trial of melanoma patients. Here's our wrap-up.
—A new San Diego startup called Synthorx is working to capitalize on a breakthrough in synthetic biology developed by scientists at The Scripps Research Institute. The team, led by chemist Floyd Romesberg, successfully inserted synthesized nucleotides into bacteria, which replicated with the altered DNA. Someday, scientists might be able to use altered DNA them to make new proteins that would function in a completely different way from those created naturally.
—Meanwhile, San Diego-based Synthetic Genomics signed a multi-year R&D agreement with a United Therapeutics subsidiary, Lung Biotechnology, to use its synthetic genomics technology to develop pigs with organs that have been humanized for future xenotransplantation. Synthetic Genomics CEO J. Craig Venter, the human genome pioneer, said the idea will require modifying an unprecedented number of pig genes.
—In another sign that the biotech IPO market is flagging, Bothell, WA-based Alder Biopharmaceuticals (NASDAQ: ALDR) priced its IPO at $10 a share, well below its projected range of $13 to $15 per share. Alder has been developing clazakizumab, a rheumatoid arthritis drug, with Bristol-Myers Squibb, and recently presented positive results for an antibody drug for migraines. Boston's Cerulean Pharma (NASDAQ: CERU) and Burlington, MA-based Aldeyra Pharmaceuticals (NASDAQ: ALDX) also sold IPO shares below their target ranges.


Standard cuvée. From fourteen year-old vines. I have the impression that there's some background reduction, but Pierre says this is the terroir and he describes it as sauvage. The flavour grows in the mouth, nicely mouth-watering. Good density of flavour.
Cuvée 'en foule'. Planted at 36,000 vines per hectare in 2002. This high-density planting returns about two bunches of fruit per vine. Also a little 'sauvage'. Clearly we have more intensity and a mineral dimension to versus the 'classic'. Nicely balanced – will surely become ever-more impressive as the vines age.
Normal (classic) cuvée. The sauvage note is there, but it seems to diminish in the glass. Wide and interesting, the sweet fruit peaks in the mid-palate – tasty.
Cuvée en foule. The nose seems to offer up chalk and minerals – no sauvage. Fuller and more tannic than the basic cuvée there definitely seems more material in the glass. Again there is a peak of flavour in the mid-palate but this time with much more complexity. A bigger difference in the two wines in 09 versus 08.
The nose is becoming characteristic, there is more depth but also more volatility too. Nice flavours with the structure further to the fore, though that will fade. Again the last drops smell much nicer than the full glass.
The dark fruit aroma is edged with earth and oak. After the Pommard there is more fruit dimension and grainier tannin. Long finishing this is pretty good.
Deep cherry-red. The nose shows a really intense redcurrant and cranberry note – very impressive – as I was expecting an attack of oak. The palate has structure, but the tannins are completely covered by the high-quality fruit. The level of extract is higher than some grand crus, what is missing in such a comparison is the complexity. For all that, this is a splendidly dense – but balanced – village wine, I'd be really interested to revisit this in 10 years to see what awaits. It's only a shame that it costs more than many grand crus!
Yields of only 25hl/ha. Slightly darker colour. Pure red and black cherry nose with a hint of vanilla. Medium tannins and persistent fruit. Again lovely wine.
Nose is mainly toasty oak – not much else. Good acidity and relatively fine, mouth-coating tannins, but where is the fruit? Considering that 1997 is generally a very ripe vintage I amazed that I could only find the 'wood'. To my palate very disappointing.


text:
THE ENTENTE
Agent: Maeda Real Estate
The Entente Luxury and tower apartments in Kobe and Osaka
Print Screen
Rokko Island is an extremely convenient location for access by ground or air. Sannomiya - Kobe's downtown area is only 20 minutes away by car or train. The Umeda downtown area of Osaka is only 35 minutes away, and major highways such as the Hanshin Expressway are nearby allowing easy access. By car, Kobe Airport is a mere 25 minutes, and Osaka Itami and Kansai International Airports can each be reached in about an hour. This accessibility makes Rokko Island an ideal location for frequent business travelers, not to mention making it easy and stress-free to get away for a quick vacation.
Access to city centers
From Rokko Liner Island Center station
To JR Kobe line Sannomiya station (Kobe): 20 minutes (approx.)
To Shinkansen Shin-Kobe station: 30 minutes (approx.)
To JR Osaka station: 35 minutes (approx.)
* Transfer to the JR line at Sumiyoshi station
From Island Center station
To Hanshin Railway Sannomiya station (Kobe): 20 minutes (approx.)
To Hanshin Railway Umeda station (Osaka): 35 minutes (approx.)
* Transfer to the Hanshin Railway at Uozaki station
Access to airports
Kobe Airport: 40 minutes by train, 30 minutes by car (approx.)
Osaka Itami and Kansai International Airports: 1 hour by car (approx.)