A completely addicting and super-easy corn salsa packed with fresh veggies and a little zing!
Happy Monday, everyone. With Cinco de Mayo coming up this weekend I wanted to share one of my favorite Mexican-themed recipes! It has corn, black beans, cherry tomatoes, red pepper, red onion, cilantro, jalapeño and lime juice for zing. It's fresh, healthy, and hard to stop eating. As with most of my recipes, it really easy to throw together — mix it up in a bowl and you're done!
There are a couple of ways you can eat this — either as shown as a salsa, or you can scoop it onto flour or corn tortillas with some sour cream and maybe avocado for veggie tacos! Since the recipe makes a large-sized bowl, and it will save well for a couple of days and you can do both!
Drop the corn in a pot of unsalted boiling water. Cover the pot and return it to a boil. Cook the corn for 3-5 minutes or until tender. When cooled, cut the corn off the cob.
Add all ingredients to a large bowl. Stir. Taste and add more salt, pepper, and cayenne as needed.
Cover and let sit in the refrigerator for an hour or up to 1 day before enjoying. I find its flavor is best after an hour or so.
This can be made up to a day ahead. This is a very flexible recipe, so you can sub ingredients and spices in and out according to your tastes. Sometimes I add chopped avocado, or take out the tomato and add chopped mango. You could even mix in shredded chicken for chicken tacos.
Yum!! Definitely making this.Thanks for the recipe!


text:
1. ŽNL Bjelovarsko-bilogorska u sezoni 2015./16. je predstavljala ligu prvog stupnja županijske lige u Bjelovarsko-bilogorskoj županiji, te ligu petog stupnja hrvatskog nogometnog prvenstva.
Sudjelovalo je 12 klubova, a ligu je osvojio "Tomislav" iz Bereka.

Ljestvica

Rezultatska križaljka

 Izvori:

Povezani članci
 1. ŽNL Bjelovarsko-bilogorska
 1. ŽNL Koprivničko-križevačka 2015./16.
 1. ŽNL Virovitičko-podravska 2015./16.

Vanjske poveznice
 nsbbz.hr, Nogometni savez Bjelovarsko-bilogorske županije

Izvori

 nsbbz.hr, 1. ŽNL bjelovarsko-bilogorska 2015./16., wayback arhiva
 nsbbz.hr, Nogomet - službeno glasilo NS Bjelovarsko-bilogorske županije, br. 22/16, objavljeno 8. lipnja 2016., wayback arhiva
  rsssf.com, Croatia 2015/16 / Fifth Level (1st county leagues)

2015-16
Bjelovarsko-bilogorska-1

redpajama_set_name: RedPajamaWikipedia


text:
Conserve & Protect
Lifesaving Water
Mexican Wolf Program
Grand Canyon Conservation
Donate Your Tax Refund
Owls: Burrowing Straight To Our Hearts
The western burrowing owl is one of the most interesting birds of prey in Arizona. Its species name, cunicularia, means "miner", in reference to this owl's unusual habit of spending time underground. Their use of burrows makes them susceptible to impacts from ground-disturbing activities. Burrowing owls are increasingly at risk of displacement in the greater Phoenix area due to commercial and residential development. As one of several solutions to help conserve and protect the species, the Arizona Game and Fish Department is relocating these owls to key areas, such as Powers Butte Wildlife Area. Powers Butte Wildlife Area was selected to be a new relocation site as its food plots for other wildlife species provide excellent habitat for burrowing owls, in addition to the exemption of any development in the future.
In November 2020, volunteers from Audubon Southwest and Wild at Heart assisted Department staff in excavating 4-foot deep trenches, and installed 48 artificial burrows with nest boxes, as burrowing owls nest underground. Twelve owls (two males and 10 females), all displaced from developed sites across central Arizona, were released into "release tents" in January 2021. This "soft release" allowed the birds to get acclimated to the burrows, their surroundings, and each other. Dedicated volunteers fed the owls every day for 30 days in the tents, and for a week after the tents were removed. The site will continue to be monitored twice a month through the breeding season (July). Another release is planned for the fall/winter of 2021-2022 to augment the population and to get displaced owls onto the landscape as soon as possible.
Kestrels: They get by with a little help from friends
The American kestrel, formerly known as the sparrow hawk, is North America's smallest and most colorful falcon. During the breeding season, kestrels need access to nesting cavities and perches found in trees and saguaros. American kestrels lack the ability to excavate their own nest cavities, so they rely on structures already built by other animals, such as woodpeckers. Although a relatively abundant species, population declines have been detected throughout much of the species range, including Arizona.
To bring awareness to the state's American kestrel population declines and encourage the placement, monitoring and reporting of nest box occupancy, the Arizona Game and Fish Department, as part of the National American Kestrel Partnership, started the American Kestrel Nestwatch Project in Arizona. This volunteer-based project aims to provide cavity nesting opportunities for breeding American kestrels, to monitor productivity rates of the species in Arizona, and establish an infrastructure where Arizona can participate in larger range-wide studies of American kestrels.
Through the project, artificial nest boxes are built with simple raw materials and placed all across Arizona on Federal, State, Tribal and private lands. Involved entities span from federal, state, tribal, non-profit and private landowners that have placed and monitored boxes. This project gives the Department the opportunity to start learning about American kestrels and facilitate rangewide studies of the species. The hope is that, through early studies of the species, factors influencing American kestrel declines can be identified early and addressed long before populations require additional protections, such as ESA listing.
Bald Is Beautiful
Once endangered, bald eagles have been slowly growing their numbers around the country. Thanks to the careful work of the Arizona Game and Fish Department and its partners on the Southwestern Bald Eagle Management committee – a coalition that includes government agencies, private organizations and Native American tribes – we've made good progress recovering bald eagle populations in Arizona.
From tracking just 11 breeding pairs in 1978, we monitored an estimated 69 pairs in 2018. Even more importantly, breeding pairs produced 87 hatchlings and 70 "fledged" eaglets, or eagles who successfully take their first flight from the nest, beating 2017's record highs. With continual monitoring and habitat protection efforts, we hope to help this majestic bird flourish in Arizona once again.
How Did the Bighorn Sheep Cross the Road?
The bighorn sheep population in northwest Arizona is important to outdoor enthusiasts of all types, yet highways have separated this population. As a result, wildlife-vehicle collisions, interference with access to adequate water and lack of habitat connectivity disrupt bighorn and put their population health at risk.
In a historic and innovative collaboration with the U.S. Fish and Wildlife Service, Federal Highway Administration, and the Arizona Department of Transportation, the Arizona Game and Fish Department created a solution that saves the lives of bighorn sheep and people. To alleviate vehicle collisions with bighorn sheep along a busy 15-mile stretch of Highway 93 north of Kingman, three wildlife overpasses and adjacent funnel fencing were constructed. This infrastructure allows wildlife to cross over the road safely, helping to keep populations connected to their habitat and reducing the risk for motorists and wildlife.
The success of this project led to collaboration with an unlikely partner: Nevada, who was concered the construction of the new Interstate 11 would have devastating consequences on wildlife habitats. Working with Nevada Department of Wildlife, Nevada Department of Transporation and other agencies, Arizona Game and Fish assisted with the design and implementation of the crossings, which is already showing positive results with active monitoring.
Proud to Be Called A Turkey
One of Arizona's two native turkey species, Gould's turkeys were once common in southern Arizona. Plentiful at one time, they were an important food source for those who settled and worked in the rugged lands of the south. However, by 1930 they had disappeared from Arizona's landscape.
The first efforts to restore the population took place in 1983 in the Chiricahua Mountains in southeastern Arizona. Now, the Gould's turkey population has topped 1,000 and continues to grow throughout the Huachuca, Chiricahua and other mountain ranges in southern Arizona. Today, Arizonans can experience the Gould's turkey firsthand in its natural environment.
Pronghorn on the Move
The Sonoran pronghorn population has declined because of habitat loss, and lack of water. In 1967, the Sonoran pronghorn was listed as an endangered species. A drastic population decline in 2002 left the U.S. Sonoran pronghorn population at about 21 animals. As a species that has been known by Arizonans for its strength, the population count was now weakening.
One of the strategies for pronghorn recovery is to establish additional populations to prevent a single regional catastrophic event from causing loss of the species from Arizona. The Arizona Game and Fish Department has a large database of locations derived from intensive research efforts conducted on Sonoran pronghorn dating back to 1994. We examine areas used by radio-collared pronghorn to determine which landscape, terrain and vegetation feature best explain the pattern of habitat use by pronghorn. Results from our study will guide future relocation sites of Sonoran pronghorn in Arizona and the rest of the U.S. This not only increases the probability of successful translocation; it helps ensure opportunities for current and future generations of outdoor enthusiasts to experience and appreciate this iconic representative of Arizona's wildlife.
Welcome Back, Apache Trout
Arizona's state fish was once nearly driven to extinction by overfishing and the introduction of non-native trout species, becoming one of the first species to be federally listed as endangered in 1969.
For the past 40 years, the Arizona Game and Fish Department have worked together with the White Mountain Apache Tribe, US Fish and Wildlife Service, and USDA Forest Service to restore Apache trout habitats and increase populations. The hard work has paid off significantly—anglers can once again fish for Apache trout in designated streams, and populations are nearing the criteria to be removed from the endangered species list altogether.
Little Pups on the Prairie
Sometimes the true value of an animal isn't known until it's gone. Native to southern Arizona, the black-tailed prairie dog once flourished, until expanding agriculture and ranchers' efforts to poison these "pests" drove them out for good.
As it turns out, the prairie dog is an essential part of the grasslands ecosystem. Other plant and animal species suffered as a result of the prairie dog's expulsion. Today, efforts to reestablish these perky pups on protected lands are slowly gaining ground, with two successful reintroductions and more planned for the future. Soon, this special species will be right back home on the prairie where they belong.
The Mexican Wolf's Call Returns to the Wild
Mexican wolves once roamed the Arizona wild. But as the Wild West attracted more settlers, these wolves were pushed nearly to extinction to protect livestock and give hunters one less predator to compete with.
It's taken four decades of collaboration between multiple states, national and international agencies to agree upon and execute a recovery plan for the Mexican wolf. Using science-backed methods that included captive breeding and cross-fostering, Arizona Game and Fish managed the reintroduction of 11 wolves into Arizona in 1998. Today, we're proud to have more than 100 Mexican wolves thriving in the Arizona wild.
Donate or become a member and help us create more happy endings for Arizona wildlife.
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redpajama_set_name: RedPajamaCommonCrawl


Sondra Sherman is Associate Professor of Art- Jewelry and Metalwork. She has previously held teaching positions at Rhode Island School of Design, Savannah College of Art and Design, SUNY- New Paltz, and Rhode Island College. Sherman's work is exhibited and published in Europe as well as the U.S. She has been the recipient of various awards including a Tiffany Foundation Emerging Artists Award, two RI Council on the Arts Individual Artists Fellowships, PA Council on the Arts Individual Artists Fellowship, NEA Regional Artists Fellowship, and a Fulbright Scholarship for study abroad. Sondra received her Diplom Degree (MFA equivalent) from the Academy of Fine Art, Munich, Germany. Her work is included in the collections of the Metropolitan Museum of Art, Philadelphia Museum of Art, Museum of Fine Arts Boston, Museum of Art and Design – New York, Smithsonian American Art Museum D.C.
View all Jewelry and Metalsmithing faculty member profiles.


Boyzone will bid farewell with a final tour in support of their last ever album 'Thank You & Goodnight' next year.
Boyzone have announced a farewell tour to accompany their final album, 'Thank You & Goodnight'.
The Irish band - comprised of Ronan Keating, Keith Duffy, Mikey Graham and Shane Lynch - will go their separate ways after their upcoming 25th anniversary tour and album, a tribute to Stephen - who tragically died suddenly in 2009 of a congenital heart defect.
The run will kick off at The SSE Arena, Belfast, on January 23, and wrap at Bournemouth International Centre on February 9.
However, first the band will release their final record on November 16, which features collaborations with Ed Sheeran on 'Because' and the track 'Love' with Take That's Gary Barlow.
Reflecting on the their 25-year career, the band said: ''When we started out as five young Dublin Northsiders, eager to face the world, we never imagined that we'd still have an army of fans some twenty-five years later ... If you'd seen our famous first TV appearance on 'The Late Late Show,' you'd probably be surprised too!
''But what followed was the stuff of dreams. We've played stadiums and arenas all over the world, released six albums, and had almost two-dozen hits.
Ronan, Keith, Mikey and Shane admit that while there have been many high points, they'll never get over the death of their beloved bandmate.
They said: ''We've had some tough times too. The loss of Stephen left scars that we will carry as a band forever.
As a touching tribute to Stephen, the 'No Matter What' hitmakers have re-worked one of the late star's solo songs, 'I Can Dream', which was meant to go on the singer's solo LP 'New Beginning' in 2002.
It was an emotional experience for the band to hear their voices aligned with Stephen's again.
''We came across a demo that he originally recorded for his solo album in 2002 and we've had the opportunity to re-work the song and add our harmonies alongside his lead vocal.
''It was a bittersweet experience to hear all our voices together again.
''It's the closest the five of us will ever get to being in a room together again making music.
And we're also eager to invite you all to one final celebration of 25 of Boyzone and our journey together.
''We would love for you to raise the roof one last time as we head out on our farewell UK and Ireland arena tour.
Tickets for their finale tour go on general sale on June 22.


The notion that one's personality is firmly fixed is being refuted. A review of studies reveals that, in fact, positive change in character traits occurs into old age—and the biggest spurt occurs not in childhood, but between ages 18 and 40. People make significant gains in assertiveness, emotional stability, and conscientiousness during these years, found psychologists Brent W. Roberts from the University of Illinois at Urbana Champaign and Daniel Mroczek from Purdue University in Indiana. And in middle age, people tend to become easier to get along with, as well as more open to new ideas and experiences. Not everyone will evolve, the researchers add; for those who don't seem able to, psychotherapy can help the process.


text:
#if !NOSOCKET
using System;
using System.Collections.Generic;
using System.Net;
using System.Net.Sockets;
using System.Text;
using System.Threading;
using System.Threading.Tasks;

namespace NBitcoin.Protocol.Connectors
{
	static class SocketExtensions
	{
#if !NO_BEGINCONNECT
		public static Task ConnectAsync(this Socket socket, EndPoint remoteEP, CancellationToken cancellationToken)
		{
			var tcs = new TaskCompletionSource<bool>(socket);
			socket.BeginConnect(remoteEP, iar =>
			{
				var innerTcs = (TaskCompletionSource<bool>)iar.AsyncState;
				try
				{
					((Socket)innerTcs.Task.AsyncState).EndConnect(iar);
					innerTcs.TrySetResult(true);
				}
				catch (Exception e) { innerTcs.TrySetException(e); }
			}, tcs);
			return tcs.Task.WithCancellation(cancellationToken);
		}
#else
		public static async Task ConnectAsync(this Socket socket, EndPoint remoteEP, CancellationToken cancellationToken)
		{
#if NO_RCA
			TaskCompletionSource<bool> completion = new TaskCompletionSource<bool>();
#else
			TaskCompletionSource<bool> completion = new TaskCompletionSource<bool>(TaskCreationOptions.RunContinuationsAsynchronously);
#endif
			var args = new SocketAsyncEventArgs();
			using (cancellationToken.Register(() =>
			{
				completion.TrySetCanceled();
			}, false))
			{
				args.RemoteEndPoint = remoteEP;
				args.Completed += (s, a) =>
				{
					completion.TrySetResult(true);
				};
				if (!socket.ConnectAsync(args))
				{
					completion.TrySetResult(true);
				}
				try
				{
					await completion.Task.ConfigureAwait(false);
				}
				catch
				{
					cancellationToken.ThrowIfCancellationRequested();
					throw;
				}
			}
			if (args.SocketError != SocketError.Success)
				throw new SocketException((int)args.SocketError);
		}
#endif
	}
}
#endif

redpajama_set_name: RedPajamaGithub


Box Talent offers professional DJ services for all types of events.
Our experienced disc jockeys provide equipment, lights, nonstop music, and can act as emcee - to really keep the party moving. With music ranging from Top 40, Country, Jazz, R&B and Dinner music, our DJ's help create an unforgettable event. DJ's are a great option for any type of occasion.


ferried cars across, this structure served as a train crossing.
crossing, it became locally known as the Carpenter's Bluff bridge, even though geographically, the entire bridge lay in Oklahoma.
businesses relocated there. In 1910, Kemp City was re-named Hendrix after its first post master.
and the height - in fact, the bridge is one of the highest crossings between Texas and Oklahoma - must have been unnerving to drivers.
ensure no one on the other side wanted to force their right-of-way.
A view of the Carpenter's Bluff bridge taken from the Texas side.
In 1907, Denison's Board of Trade paid for Macadamizing the road between Carpenter's Bluff and Denison as part of a Good Roads campaign.
This may have influenced the MOG Railway to build the bridge to Carpenter's Bluff, thus by-passing Kemp.
quite utilitarian. This MOG bridge over the Canadian at Calvin, Oklahoma looks like the Carpenter's Bluff bridge, except for the piggy back.
The wooden planks of the "piggy back" portion of the Carpenter's Bluff bridge now sports big gaps.
Texas Country Reporter about Carpenter's Bluff! (October 28, 2017 episode). Haven't seen it yet?


An approved vendor list (AVL) is a listing of various types of suppliers and providers that a company has agreed meets its standards in terms of quality and has authorized purchasing agents and others within the company structure to place orders with when and as required The Procure wants to maintain a high standard with its customer's. Therefore companies that are on a specific AVL will only be used to ensure safety and quality. Below is the list of AVL's which we have used in our projects. If you do not find the specific AVL you are looking for, please send it to us and we will do our best to connect with the vendor's which you prefer to work with.


text:
Disrupting the IT Distribution Model
Sergio Farache
**Editor's Note: Distributor Report is a recurring column featuring thought leadership from IT and cloud distributors. We're looking for insights into evolving business models in this new era of distribution, product and technical service offerings, education and training, marketing/branding, credit and a myriad of other services.**
By Sergio Farache
In the last few years, the distribution industry has experienced several sea changes and challenges, as dynamics such as technology commoditization, margin pressure and the slowdown of the classic IT market growth alter the evolution of the channel. Distribution has been employing approaches like scale, efficiency and services to continue its intended journey toward providing value to the suppliers and partners — both critical components of the current two-tier model that has defined the industry for many years.
The two-tier model presumes that value is created by a linear process from the suppliers to the distributor to the partner to the end user. The model provides, and will continue providing, value through this linear structure, but the value creation is limited to the players and by fact that each member relies on their capabilities and investment power. Technology has been a fundamental element of this model as a support layer of the business, providing efficiency, scale and control. Several technology features, such as the e-commerce and brokerage platform, have played the same role for a new set of offerings and services, but both technologies are following the same linear two-tier business model.
The next-generation technologies enable disruption in many industries, and the deep integration between technology and business models creates the opportunity to transition the value-creation process to a broader group of players. Today's disruptors such as Uber, Airbnb and Amazon, for example, have demonstrated that enabling this value creation to all possible participants maximizes the network effect — creating additional value to all participants, expanding their offerings and services, but moreover producing an opportunity for that disrupting flywheel effect that spurs growth in an exponential manner.{ad}
Analysis performed by consulting firm Deloitte described the "business ecosystem" as coming of age in the following way: "Ecosystems are dynamic and co-evolving communities of diverse actors who create and capture new value through increasingly sophisticated models of both collaboration and competition."
I took the liberty of using the Deloitte approach to define the Digital IT Distribution Ecosystem. This ecosystem is a dynamic and co-evolving community of IT B2B actors, i.e. producers and consumers, who create, provide, consume and capture current and the new value (intellectual property, products, software and services) through commercial interactions, collaboration, enablement, exchange and competition.
The IT distribution industry is beginning to realize that the two-tier model will limit its ability to capitalize on the total market opportunity available, and some disruptors are expanding their models to a new value-creation paradigm. The industry is perfectly positioned for this transition, but it should move, adapt fast and invest in a deep integration between a new business model that enables the value creation across the ecosystems that they serve and a new generation of digital platforms that support and enable the new approach.
The rationale is simple — a two-tier model provides scale but limits the value-creation aspect, and the ecosystem model offers the possibility to all the members, i.e. producers and consumers, to participate and provide additional value. The new role of distribution should be to position itself as the center part of those ecosystems, making it simple for its members to aggregate or combine value. The new distribution era posits that distribution will work on a multi-point or n-tier schema and bidirectional transactional model, providing value on the core competencies that each ecosystem needs. As such, the value creation is enabled across the ecosystem, eliminating pain points, friction points and generating trust through content curation and compliance checking.
The previous vision is possible because a new generation of digital platforms will continue expanding their functionality to enable "the economy of connections." As described by Gartner in its special report, "Unlock Digital Business Value Through the Economics of Connections."
The new ecosystem digital platforms will utilize some foundational elements to accomplish this transition:
Enable end-to-end digital transactions between all members of the ecosystem.
Eliminate friction and pain points across the interactions.
Create and facilitate entanglement and instant satisfaction.
Enable and capitalize on the use of data to improve the ecosystem, anticipate the needs, and maximize the value creation.
The actors of the ecosystem can easily bundle their products and services to deliver a better solution and customer experience.
Enable content curation and filtering as consequences of the real value provided and ecosystem member participation.
Satisfy the needs that consumers and producers have in order to use, cooperate and integrate into the value-creation process.
The deep integration of technology and new business process to enable the different ecosystems and the value creation across producers and consumers that participate in them will allow for a positive flywheel effect with exponential economic consequences. A new generation of distribution will challenge the status quo and disrupt the traditional approach to the business.
IT distribution is entering a unique chapter to transition from the middle position on a two-tier model to the center position of an ecosystem model. The players who adapt, understand and expand their capabilities will lead the next distribution era; the players that remain on the current models will continue dealing with the erosion of their profitability and limited ability to leverage all the opportunity available. We are leaving incredible times, and to paraphrase Kevin Kelly in his book, "The Inevitable," we are just starting to see the changes that next-generation technologies will create.
Sergio Farache is an IT channel professional with more than 25 years of technology sector experience.
Tags: business strategy, distribution, Sergio Farache, Tech Data
Tech Data IoT, Analytics Get a Boost with New Solutions
Tech Data puts the petal to the metal with IoT solution offerings and new vendor distribution partnerships.
CenturyLink, Cologix Team With Distribution Giant Arrow
A pair of deals signed by Arrow Electronics highlight a flurry of new partnership agreements between master agents/tech distributors and vendors that rely on the channel.
Tech Data To Offer VMware vCloud to VARs
Generally available this month, VMware vCloud Hybrid Service is VMware's public infrastructure as a service (IaaS) offer.
Tech Data, AT&T Ink Mobility Agreement
See how VARs and MSPs will benefit.
Unify Does Disti Deal With NTS Direct
Tech Data Taps Former VMware Partner Solutions Director for Dell Group
Mitel Taps ScanSource as Primary U.S. Distributor, Intelisys Partners to Benefit
Tech Data Lays Out Hybrid Cloud Strategy


The discomforts of heartburn can last for several hours and may progress into a condition called gastroesophageal reflux disease or GERD. GERD can cause frequent heartburn, food sticking, damage to the food pipe, blood loss, and loss of weight.
There are some things that people can do to prevent and treat the symptoms of heartburn. Not all remedies work or are safe for everyone, however. It is important for people to speak with their doctor about the best remedy for them.
Considering prescription medications: People with heartburn should also speak with their doctor to see if the use of prescription medications is right for them.
Losing weight: People who are in need of losing weight or are obese may want to consider a diet and exercise weight loss program. Each person reacts to these changes differently, however. It is important to speak with a healthcare provider about losing weight.
Raising the head of the bed: There are many ways to raise the head of the bed to allow gravity to reduce the symptoms of heartburn. Placing blocks under the top bedposts, raising the bed by around 6-8 inches may work. Foam wedges can also be placed between the mattress and box spring to raise the angle of the head of the bed. Pillows are not effective in reducing heartburn symptoms.
Trying over-the-counter medications: People with heartburn should speak with their doctor about over-the-counter medications to relieve their symptoms. They may be recommended to try antacids, acid reducers like famotidine or ranitidine, or acid blockers such as lansoprazole and omeprazole.
Using herbal preparations: The use of certain herbal preparations may also be useful. The Mayo Clinic report that licorice, slippery elm, chamomile, or marshmallow could help in treating the symptoms of GERD. It is important for people to speak with their doctor about potential side effects and drug interactions before starting any herbal supplements.
Trying acupuncture: Although there is limited evidence to support its use, acupuncture may be beneficial in relieving the symptoms of heartburn in some people.
Relaxing: Stress and tension can wreak havoc on the body. Relaxation techniques such as progressive muscle relaxation could provide the body with calming relief to some symptoms.
Making some simple diet changes: There are certain dietary triggers that can affect the presence and severity of heartburn. People should try avoiding spicy or greasy foods, chocolate, caffeinated drinks like coffee, tomato products, garlic, peppermint, alcohol, and fizzy drinks.
People should sit upright for 3 or more hours after a meal to reduce heartburn symptoms. People should also eat smaller meals and avoid meals in the 2-3 hours before sleep.
Both smoking and passive smoking increase the risk of developing GERD.


This is also a unique opportunity to see the beauty of canyon all the way to the entrance into the sea from a completely different perspective.
This activity is not demanding and poses no danger. Although it is popular among lovers of extreme sports, everyone can try stand up paddling, even children.


How many miles per gallon does a 1994 Honda Civic get?
A 1994 Honda Civic gets up to 42 miles per gallon in the city, up to 46 miles per gallon on the highway. This means a 1994 Honda Civic can get up to 44 miles per gallon overall.


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text:
SVP South West 'humbled' by…
St Vincent De Paul South-West has paid tribute and thanked the public for its "phenomenal" support of its annual Car Draw in association with CAB Motor Company.
The charity has reported that more than €275,000 was raised from the 2021 car draw through ticket sales and donations both Cork and Kerry since its launch in late October and they are humbled by the generosity of the public during such difficult times.
SVP South–West Regional President Paddy O'Flynn said the much-needed funds would "go a long way" to assisting struggling families in the region and will help fund key supports such as food vouchers and hampers, heat and utility costs and education, with families contacting the Society seeking urgent assistance and support for each of these in recent weeks.
Mr O Flynn said: "We've always had extremely generous support for our annual car draw from the people in Cork and surrounding areas. We made no secret of the fact that this was going to be an unprecedentedly difficult year for us in terms of fundraising as a result of COVID-19 and people came out in their droves to support us – it was a huge success.
"We are eternally grateful to every single person who pledged their support to this year's car draw. The money raised will enable us to continue supporting those in need during these extremely challenging times, with all of the money raised in Cork going to support families and individuals in need in Cork, and all the proceeds raised in Kerry going directly to support families and individuals in Kerry.
"Once again, I would like to extend a sincere and heartfelt thank you to everyone who donated or bought raffle tickets for our car draw, and also a huge thank you to our sponsors CAB Motor Company for their continued support," he concluded.
Lord Mayor of Cork City, Cllr. Colm Kelleher, drew the ticket for the top prize, a brand-new Ford Focus and was joined by Conor Cavanagh , CAB Motor Company, Paddy O'Flynn, SVP Regional President, Regional Vice President for Kerry Mary Frances Behan and Canon Bertie O'Mahony (representing the Bishop of Cork and Ross.)
The charity has said it looks forward to giving the keys of the brand-new Ford Focus from CAB Motor Company to the lucky winner, Aileen O'Leary, from Ovens, Co Cork in the coming week.
TRIGON HOTELS RAISES €11,000 FOR COPE FOUNDATION IN 2021


On Wednesday November 21, 2018 both offices locations will be closing at 5:00 pm. Both offices will remain closed on Thanksgiving Day-Thursday, November 22nd. Each office will reopen on Friday November 23rd at their regularly scheduled time. Sanders Court Pediatrics wishes our patients and their families a safe and happy Thanksgiving holiday.


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Justia Dockets & Filings Ninth Circuit California Eastern District Silas v. Select Portfolio Servicing, Inc. et al Filing 23
Silas v. Select Portfolio Servicing, Inc. et al
ORDER GRANTING 12 Motion to Dismiss signed by District Judge Dale A. Drozd on 5/18/2017. CASE CLOSED. (Sant Agata, S)
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODRICK J. SILAS, 12 13 14 15 16 17 18 19 20 21 No. 1:17-cv-00012-DAD-JLT Plaintiff, v. ORDER GRANTING MOTION TO DISMISS SELECT PORTFOLIO SERVICING, INC. U.S. BANK NATIONAL ASSOCIATION, as trustee, successor in interest to Bank of America, National Association, as successor by merger to LaSalle Bank National Association, as trustee for certificate holders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2006-AQ1, and DOES 1–10, (Doc. No. 12) Defendants. This matter is before the court on defendants' motion to dismiss plaintiff's first amended 22 complaint ("FAC"). (Doc. No. 12.) Oral argument was held on April 18, 2017. Plaintiff did not 23 appear at the hearing. Attorney Ruby J. Chavez appeared on behalf of defendants. At the court's 24 request, defendants supplemented their motion on May 2, 2017, and the motion was thereafter 25 taken under submission. (Doc. Nos. 19, 20.) Plaintiff belatedly filed a reply to defendant's 26 supplement on May 5, 2017. (Doc. No. 21.) Although plaintiff's reply to defendant's 27 supplemental filing was unauthorized, the court has nonetheless consider it. For the reasons that 28 follow, the court will grant defendant's motion to dismiss. 1 1 BACKGROUND 2 Plaintiff filed his original complaint in this court on January 4, 2017, and amended it on 3 February 17, 2017 in response to a motion to dismiss brought by defendants. (Doc. Nos. 1, 6, 4 10.) Plaintiff alleges in the FAC as follows. 5 On August 8, 2006, he executed a promissory note and a corresponding deed of trust in 6 favor of Argent Mortgage Company, LLC, securing a debt of $310,000 used in financing real 7 property located at 5914 Summer County Drive, Bakersfield, California. (Doc. No. 10 at 2.) 8 According to plaintiff, U.S. Bank has been attempting to collect on the promissory note and deed 9 of trust without a legal right to do so, as neither was validly transferred to it. (Id. at 2–3.) In early 10 2009, plaintiff suffered a financial hardship and fell behind on his mortgage payments. (Id. at 9.) 11 He attempted to negotiate a loan modification with a prior servicer of the loan, Chase Bank, but 12 ultimately was unable to do so. (Id. at 8–9.) In investigating his conflict with Chase, plaintiff 13 discovered the promissory note and accompanying deed of trust were never appropriately 14 assigned and transferred into the 2006-AQ1 Trust, which closed on November 30, 2006. (Id. at 15 9.) 16 Plaintiff maintains that, because the note and deed were not validly assigned to the trust, 17 defendant U.S. Bank's attempts to collect the debt and foreclose on the property as successor 18 trustee violate the law. (Id. at 9–11.) In particular, he asserts that he was shown an assignment of 19 the deed of trust to defendant U.S. Bank in July 2012. (Id. at 10.) He contends there was no 20 recorded assignment of the promissory note, and that the deed of trust, which secures the note, 21 cannot be assigned without it. (Id. at 10–11.) Plaintiff notes any assignment of the note should 22 have been recorded within ninety days of the closing of the 2006-AQ1 Trust, if the note was 23 actually assigned to the trust. (Id. at 11–12.) Plaintiff asserts the following twelve causes of 24 action: (1) declaratory relief; (2) wrongful foreclosure; (3) violation of 15 U.S.C. § 1692e; (4) 25 violation of 15 U.S.C. § 1641(g); (5) rescission of the mortgage under 15 U.S.C. § 1601 et seq.; 26 (6) cancellation of instruments; (7) violation of California Business & Professions Code § 17200 27 et seq.; (8) quiet title; (9) breach of contract; (10) breach of the implied covenant of good faith 28 and fair dealing; (11) accounting; and (12) negligence. (Id. at 1.) 2 1 Defendants filed their motion to dismiss on March 7, 2017. (Doc. No. 12.) Plaintiff 2 opposed the motion on March 29, 2017, and defendants replied on April 7, 2017. (Doc. Nos. 15, 3 16.) Primarily, defendants advance a claim preclusion argument, based on a prior quiet title 4 action brought by plaintiff in the Kern County Superior Court.1 Additionally, defendants make 5 individual arguments pertaining to each of plaintiff's twelve causes of action. 6 LEGAL STANDARD 7 The purpose of a motion to dismiss pursuant to Rule 12(b)(6) is to test the legal 8 sufficiency of the complaint. N. Star Int'l v. Ariz. Corp. Comm'n, 720 F.2d 578, 581 (9th Cir. 9 1983). "Dismissal can be based on the lack of a cognizable legal theory or the absence of 10 sufficient facts alleged under a cognizable legal theory." Balistreri v. Pacifica Police Dep't, 901 11 F.2d 696, 699 (9th Cir. 1990). A plaintiff is required to allege "enough facts to state a claim to 12 relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). "A 13 claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw 14 the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. 15 Iqbal, 556 U.S. 662, 678 (2009). 16 In determining whether a complaint states a claim on which relief may be granted, the 17 court accepts as true the allegations in the complaint and construes the allegations in the light 18 most favorable to the plaintiff. Hishon v. King & Spalding, 467 U.S. 69, 73 (1984); Love v. 19 United States, 915 F.2d 1242, 1245 (9th Cir. 1989). However, the court need not assume the truth 20 of legal conclusions cast in the form of factual allegations. United States ex rel. Chunie v. 21 Ringrose, 788 F.2d 638, 643 n.2 (9th Cir. 1986). While Rule 8(a) does not require detailed 22 factual allegations, "it demands more than an unadorned, the defendant-unlawfully-harmed-me 23 24 25 26 27 28 1 Defendants request that the court take judicial notice of various documents either filed in the Kern County Superior Court or recorded in the county recorder's office. A court can take judicial notice of a fact that is "not subject to reasonable dispute," because it can be "accurately and readily determined from sources whose accuracy cannot reasonably be questioned." Fed. R. Evid. 201(b). "[A] court may take judicial notice of 'matters of public record.'" Lee v. City of Los Angeles, 250 F.3d 668, 689 (9th Cir. 2001) (quoting Mack v. South Bay Beer Distrib., 798 F.2d 1279, 1282 (9th Cir. 1986)). Given the lack of opposition and the obvious reliability of these sources, the court will judicially notice these documents as requested by defendant. 3 1 accusation." Iqbal, 556 U.S. at 678. A pleading is insufficient if it offers mere "labels and 2 conclusions" or "a formulaic recitation of the elements of a cause of action." Twombly, 550 U.S. 3 at 555. See also Iqbal, 556 U.S. at 676 ("Threadbare recitals of the elements of a cause of action, 4 supported by mere conclusory statements, do not suffice."). Moreover, it is inappropriate to 5 assume that the plaintiff "can prove facts which it has not alleged or that the defendants have 6 violated the . . . laws in ways that have not been alleged." Associated Gen. Contractors of Cal., 7 Inc. v. Cal. State Council of Carpenters, 459 U.S. 519, 526 (1983). 8 9 In ruling on such a motion, the court is permitted to consider material which is properly submitted as part of the complaint, documents that are not physically attached to the complaint if 10 their authenticity is not contested and the plaintiff's complaint necessarily relies on them, and 11 matters of public record. Lee v. City of Los Angeles, 250 F.3d 668, 688–89 (9th Cir. 2001). Finally, pro se complaints are to be "construed liberally, and may be dismissed for failure 12 13 to state a claim only where it appears beyond doubt that the plaintiff can prove no set of facts in 14 support of his claim which would entitle him to relief." Barrett v. Belleque, 544 F.3d 1060, 15 1061–62 (9th Cir. 2008) (quoting Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir. 2007)); see 16 also Wilhelm v. Rotman, 680 F.3d 1113, 1121 (9th Cir. 2012); Hebbe v. Pliler, 627 F.3d 338, 342 17 (9th Cir. 2010). 18 ANALYSIS 1. Defendants Have Established Claim Preclusion with Respect to Most of Plaintiff's 19 20 Claims Defendants' primary argument is that plaintiff's suit is barred by res judicata based on a 21 22 similar quiet title action previously litigated in Kern County Superior Court. (Doc. No. 12 at 14– 23 16.) Plaintiff does not address this argument in his opposition.2 (Doc. No. 14.) 24 ///// 25 2 26 27 28 Plaintiff does address the res judicata issue on the merits in his unauthorized reply to defendant's supplemental filing. (Doc. No. 21.) Instead, he merely argues that defendants should be barred from raising any res judicata argument this defense because they failed to mention it in their motion to dismiss. (Id. at 2–3.) Plaintiff's argument in this regard lacks merit. (See Doc. Nos. 12 at 14-16; 16 at 2-3, 5.) 4 1 "The preclusive effect of a state court judgment in a subsequent federal lawsuit generally 2 is determined by the full faith and credit statute." Marrese v. American Acad. of Orthopaedic 3 Surgeons, 470 U.S. 373, 380 (1985). By statute, a state's judicial proceedings "shall have the 4 same full faith and credit in every court within the United States . . . as they have by law or usage 5 in the courts of such State . . . from which they are taken." 28 U.S.C. § 1738. The federal court 6 must look to the preclusion law of the state in which the judgment was rendered in order to decide 7 whether preclusion applies in the federal action. Marrese, 470 U.S. at 380. Therefore, the court 8 looks to California law concerning whether claim preclusion applies in this case. 9 California courts have frequently used the terms res judicata and collateral estoppel to 10 signify claim preclusion and issue preclusion, respectively. See Mycogen Corp. v. Monsanto Co., 11 28 Cal. 4th 888, 896 (2002); but see DKN Holdings LLC v. Faerber, 61 Cal. 4th 813, 824 (2015) 12 (noting confusion because of imprecise usage of terms res judicata and collateral estoppel, and 13 electing to use claim preclusion and issue preclusion in the future). Claim preclusion, which is 14 typically what is meant by res judicata, "prevents relitigation of the same cause of action in a 15 second suit between the same parties or parties in privity with them." Id.; see also Boeken v. 16 Philip Morris USA, Inc., 48 Cal. 4th 788, 797 (2010) (noting the primary aspect of res judicata is 17 to bar subsequent litigation on causes of action decided in previous litigation). The same 18 elements generally apply to claim and issue preclusion: (1) the claim or issue raised in the 19 present action must be "identical to a claim or issue litigated in a prior proceeding"; (2) the prior 20 proceeding must have resulted in a "final judgment on the merits"; and (3) the parties in the two 21 proceedings must be the same or in privity. Boeken, 48 Cal. 4th at 797. 22 23 a. The Claims Here are Identical California uses the "primary right theory" to determine whether an action presents 24 identical claims to those raised in a prior proceeding. Mycogen Corp., 28 Cal. 4th at 904. This 25 means "a 'cause of action' is comprised of a 'primary right' of the plaintiff, a corresponding 26 'primary duty' of the defendant, and a wrongful act by the defendant constituting a breach of that 27 duty." Id. There is only one cause of action for the violation of a given primary right, "regardless 28 of the specific remedy sought or the legal theory (common law or statutory) advanced." Boeken, 5 1 48 Cal. 4th at 798. Thus, in Boeken, the primary right was the right to not be wrongfully deprived 2 of spousal companionship, the primary duty was to not wrongfully deprive plaintiff of her 3 spouse's companionship, and the wrongful act was the defendant's wrongful inducement of 4 plaintiff's husband to smoke cigarettes. Id. The plaintiff there could not bring a second case 5 under a different legal theory—statutory wrongful death—for the violation of the same primary 6 right. Id. 7 Here, in his earlier filed action in the Kern County Superior Court, plaintiff alleged that a 8 deed of trust had been transferred to defendant U.S. Bank, but that there had been no 9 corresponding assignment of the promissory note, without which the transfer of the deed of trust 10 was void. (Doc. No. 20 at 59.) In that state court action plaintiff stated claims for quiet title, 11 slander of title, and cancellation of instruments, among other related claims. (Id. at 54.) Plaintiff 12 makes identical allegations in this case, ultimately stating claims premised on wrongful 13 foreclosure, cancellation of instruments, quiet title, breach of contract, accounting, negligence, 14 and the like. (Doc. No. 10 at 1.) The primary right plaintiff sought to vindicate in his action in 15 state court and seeks to vindicate again here—the right not to have a debt be sought for collection 16 by one with no lawful interest in it—is the same, as is the primary alleged duty of the defendant 17 to not seek to collect a debt in which it has no lawful interest. Similarly, plaintiff's claims under 18 the Fair Debt Collection Practices Act ("FDCPA") brought before this court are premised on the 19 same underlying allegation that defendant U.S. Bank is not the lawful owner of plaintiff's 20 promissory note. See, e.g., Doc. No. 10 at ¶ 17 ("Defendant SPS has attempted to collect on the 21 Note under false pretenses, namely that U.S. Bank were assigned Plaintiff's debt when in fact 22 they were not."); id. at ¶ 19 ("As alleged herein, Plaintiff's Note was not properly transferred to 23 Defendant U.S. Bank, who seeks to cause their purported authorized agent, Defendant SPS to 24 collect mortgage payments and engage in other unlawful collection practices."). 25 ///// 26 ///// 27 ///// 28 ///// 6 1 2 Accordingly, plaintiff's claims brought in this action are largely identical to those he brought in his state court action for purposes of the claim preclusion analysis.3 3 b. 4 The Prior Proceeding Resulted in a Judgment on the Merits In order to be claim preclusive, a prior decision must have been on the merits. Boeken, 48 5 Cal. 4th at 797. A court reviewing the applicability of a res judicata or claim preclusion defense 6 must examine the grounds upon which the prior decision was rendered in order to determine 7 whether a general demurrer (either with or without leave to amend) is a judgment on the merits. 8 See Goddard v. Security Title Ins. & Guar. Co., 14 Cal. 2d 47, 51–55 (1939); see also Hasson v. 9 Cozens, 1 Cal. 3d 576, 580 (1970) ("[T]he record does not reflect that the municipal court orders 10 denying plaintiff's motions to set aside his convictions were determined on the merits."); Kanarek 11 v. Bugliosi, 108 Cal. App. 3d 327, 334 (1980) ("Whether a judgment based on the sustaining of a 12 general demurrer is a judgment on the merits depends upon the facts of the specific case and the 13 reason for the ruling."); Sterling v. Galen, 242 Cal. App. 2d 178, 182–84 (1966) (noting that the 14 sustaining of a general demurrer without leave to amend can only be res judicata to the extent the 15 court actually reached the merits); but see Boeken, 48 Cal. 4th at 793 ("The record before us does 16 not indicate the reason for the dismissal; for purposes of applying the doctrine of res judicata, 17 however, a dismissal with prejudice is the equivalent of a final judgment on the merits, barring 18 the entire cause of action."). 19 The order issued by Kern County Superior Court on April 14, 2015, in Silas v. U.S. Bank 20 National Association As Trustee, et. al., Case No. 1500-cv-281647 sustained defendant U.S. 21 Bank's demurrer to plaintiff's second amended complaint without further leave to amend. (Doc. 22 No. 13 at 131–132.) Judgment issued on April 20, 2015, dismissing that action with prejudice. 23 24 25 26 27 28 3 Two of plaintiff's claims brought in this action under the Truth in Lending Act ("TILA") are at least arguably not subsumed within the same primary right litigated by plaintiff in his state court action because they are based upon federal statutory rights to disclosures and to rescind a loan agreement. Similarly, plaintiff's breach of contract claim is arguably not based on the same primary right as his claims litigated in state court because the breach of contract claim is plead as an alternative to his theory of liability that defendants had no legal interest in collecting on his debt or foreclosing on his property. These claims, which do not clearly fit squarely within defendants' claim preclusion argument, are addressed separately below. 7 1 (Id. at 135–36.) While neither of these orders explains the court's reasons for sustaining the 2 demurrer, defendants have supplemented the instant motion to dismiss with their original 3 demurrer filed in the Kern County Superior Court case. (See Doc. No. 20 at 124–36.) Each of 4 the grounds for demurrer set forth therein is substantive, arguing plaintiff had not alleged 5 sufficient facts to state a claim, lacked standing to assert the claims, and could not state a 6 cognizable legal claim. No procedural defenses, such as the statute of limitations, were advanced. 7 Because all of the grounds for demurrer raised by defendants in the state court case are 8 substantive and address the merits of the allegations, the court can only conclude the Kern County 9 Superior Court sustained the demurrer with prejudice on those grounds. Therefore, it is clear that 10 plaintiff's state court case was decided on the merits. 11 c. Privity Claim preclusion requires that the two suits involved be "between the same parties or 12 13 parties in privity with them."4 DKN Holdings LLC, 61 Cal. 4th at 824 (quoting Mycogen, 28 Cal. 14 4th at 896). Both plaintiff and defendant U.S. Bank were parties to the instant case and the Kern 15 County Superior Court action. Defendant Select Portfolio Servicing was not a defendant in the 16 Kern County Superior Court action, and the court must therefore decide whether it was in privity 17 with U.S. Bank. Privity has been described as a relationship between two parties "where one is 18 vicariously responsible for the conduct of the other," Burdette v. Carrier Corp., 158 Cal. App. 4th 19 1668, 1682 (2008), or where there is "such an identification in interest of one person with another 20 as to represent the same legal rights," Consumer Advocacy Grp., Inc. v. ExxonMobil Corp., 168 21 Cal. App. 4th 675, 689 (2008) (citations omitted). Select Portfolio Servicing is named in the 22 complaint in this action solely because it is the loan servicer (i.e., the agent) for defendant U.S. 23 Bank, and its involvement in this suit is based only on its efforts to vindicate the legal rights U.S. 24 Bank possesses. (Doc. No. 10 at 12–13.) The two parties are clearly, therefore, in privity. 25 4 26 27 28 Plaintiff's reply to defendant's supplemental filing reflects that he erroneously believes this is a requirement for privity of contract, which he claims is lacking because Argent never assigned its interest in his promissory note to the defendants. (Doc. No. 21 at 3–4.) Again, plaintiff's argument is misplaced. The type of privity that must be established here is privity between the litigants in the two actions at issue. Privity of contract is irrelevant to resolution of this issue. 8 1 Accordingly, the court concludes defendants have demonstrated claim preclusion applies 2 to the majority of plaintiff's causes of action in this action, excepting only those premised on the 3 TILA and breach of contract, to which the court now turns. 4 2. Plaintiff's 15 U.S.C. § 1641(g) Claim is Barred by the Statute of Limitations 5 In moving to dismiss defendants argue that this claim, which is brought by plaintiff under 6 the TILA, is barred by the applicable statute of limitations. (Doc. No. 12 at 20–21.) Plaintiff 7 does not dispute that the statute of limitations has run, but believes equitable tolling should apply 8 in his case. (Doc. No. 15 at 26–27.) 9 Federal law requires that, within thirty days of the date a mortgage loan is sold or 10 transferred, the new owner or assignee of the debt "shall notify the borrower in writing of such 11 transfer." 15 U.S.C. § 1641(g). The notice must include several enumerated items, including 12 identifying information about the new owner, the date of the transfer, and other relevant details. 13 Id. § 1641(g)(1)(A)–(E). "Under TILA, an individual has a private cause for action against any 14 creditor who violates 15 U.S.C. § 1641(g)'s disclosure requirements." Vargas v. JP Morgan 15 Chase Bank, N.A., 30 F. Supp. 3d 945, 949–50 (C.D. Cal. 2014) (citing 15 U.S.C. § 1640(a)). 16 Claims under the TILA must generally be brought "within one year from the date of the 17 occurrence of the violation." 15 U.S.C. § 1640(e). 18 Equitable tolling principles apply to the TILA. See King v. State of Cal., 784 F.2d 910, 19 914–15 (9th Cir. 1986) ("To decide whether equitable tolling should apply to Section 1640(e), 20 our basic inquiry is whether tolling the statute in certain situations will effectuate the 21 congressional purpose of the Truth-in-Lending Act."); see also Merritt v. Countrywide Fin. 22 Corp., 759 F.3d 1023, 1033, 1038–39 (9th Cir. 2014) (reaffirming King). In TILA actions, the 23 statute of limitations may be equitably tolled in appropriate circumstances, "but only 'until the 24 borrower discovers or had reasonable opportunity to discover the fraud or nondisclosures that 25 form the basis of the TILA action.'" Merritt, 759 F.3d at 1040. The district court should 26 "evaluate specific claims of fraudulent concealment and equitable tolling to determine if the 27 general rule would be unjust or frustrate the purpose of the Act and adjust the limitations period 28 accordingly." King, 784 F.2d at 915; see also Merritt, 759 F.3d at 1040. The general purpose of 9 1 the TILA was "to protect consumers' choice through full disclosure and to guard against the 2 divergent and at times fraudulent practices stemming from uninformed use of credit." King, 784 3 F.2d at 915; see also 15 U.S.C. § 1601(a) ("It is the purpose of this subchapter . . . to protect the 4 consumer against inaccurate and unfair credit billing and credit card practices."). 5 Plaintiff argues defendants concealed material facts related to his mortgage because they 6 did not disclose when they acquired an interest in his debt. (See Doc. No. 15 at 24–26.) 7 However, the requirement to disclose is all that is required by 15 U.S.C. § 1641(g). To toll the 8 statute of limitations based on this alone would be to invalidate the statute of limitations in every 9 case involving such allegations. See Sakugawa v. IndyMac Bank, F.S.B., No. 10-00504 10 JMS/LEK, 2010 WL 4909574, at *3 (D. Haw. Nov. 24, 2010) (allegation of a failure to provide 11 required disclosures was insufficient to justify equitable tolling because "even if true, it 12 established no more than the TILA violation itself"); Garcia v. Wachovia Mortg. Corp., 676 F. 13 Supp. 2d 895, 906 (C.D. Cal. 2009) ("[T]he mere existence of TILA violations and lack of 14 disclosure does not itself equitably toll the statute of limitations."). 15 Plaintiff notes in the FAC that he did not receive a separate notice from U.S. Bank within 16 the required period following the purported July 17, 2012 transfer of his deed of trust. (Doc. No. 17 10 at 25.) It is unclear from the facts alleged by plaintiff in the FAC when plaintiff claims he first 18 became aware of U.S. Bank's purported ownership of his deed of trust, but it is clear he knew of 19 this fact by the end of 2013. (Id. at 12) (in December 2012 the trustee was changed and noting 20 that plaintiff was told in 2013 that U.S. Bank was the beneficial owner of his debt).) This means, 21 even if plaintiff were eligible for equitable tolling, the statute of limitations would nonetheless 22 have expired with respect to plaintiff's § 1641(g) claim by December 31, 2014 at the latest. 23 However, plaintiff's complaint in this action was not filed until January 4, 2017. (Doc. No. 1.) 24 Plaintiff's claim for violating 15 U.S.C. § 1641(g) is therefore barred by the applicable 25 statute of limitations, and must be dismissed. 26 3. Rescission of the Mortgage Under TILA 27 In his fifth cause of action, plaintiff seeks rescission of the mortgage under the TILA, 28 noting that he sent defendant U.S. Bank a notice to rescind on July 6, 2015. (Doc. No. 10 at 27– 10 1 29.) Defendants have moved to dismiss this claim, arguing that it too is time-barred. (Doc. No. 2 12 at 21–22.) In opposition, plaintiff again contends that he is entitled to equitable tolling of the 3 statute of limitations. 4 Under the TILA, borrowers have an unconditional right to rescind a credit transaction 5 within three days, and a conditional right to rescind such a transaction within three years unless 6 the creditor provides the borrower with certain disclosures. See 15 U.S.C. § 1635; Jesinoski v. 7 Countrywide Home Loans, Inc., ___ U.S. ___, 135 S.Ct. 790, 792 (2015). However, the Supreme 8 Court has noted that the time limitations set forth in the TILA are not a statute of limitations 9 because the right to rescind "shall expire three years after the date of consummation of the 10 transaction." See 15 U.S.C. § 1635(f) (emphasis added); Beach v. Ocwen Fed. Bank, 523 U.S. 11 410, 416–19 (1998). Rather, the right of rescission under the TILA is more correctly 12 characterized as a statute of repose, which is not susceptible to equitable tolling. See McOmie- 13 Gray v. Bank of Am. Home Loans, 667 F.3d 1325, 1329–30 (9th Cir. 2012) (concluding "§ 14 1635(f) is a statute of repose that represents an absolute three-year bar on rescission actions"); 15 Balam-Chuc v. Mukasey, 547 F.3d 1044, 1048–49 (9th Cir. 2008) ("Statutes of repose are not 16 subject to equitable tolling.") (quoting Munoz v. Ashcroft, 339 F.3d 950 (9th Cir. 2003)). 17 Here, plaintiff's FAC notes the loan in question was executed on August 8, 2006. (Doc. 18 No. 10 at 7.) The right to rescind the loan transaction expired three years later and that expiration 19 date is not subject to equitable tolling. 15 U.S.C. § 1635(f); Beach, 523 U.S. at 416–19; McOmie- 20 Gray, 667 F.3d at 1329–30. Accordingly, this claim is time barred and must be dismissed. 21 Additionally, since plaintiff's claim for accounting is premised on his purported right to rescind, 22 that claim is likewise subject to dismissal. 23 4. Breach of Contract and Breach of Covenant of Good Faith and Fair Dealing 24 Defendants also move to dismiss plaintiff's breach of contract claim, arguing that it must 25 fail because plaintiff cannot plead his own performance or excuse from performance, and so 26 cannot compel any performance on the part of defendants. (Doc. No. 12 at 27–28.) The FAC 27 pleads a claim for breach of contract in the alternative. (Doc. No. 10 at 34) ("In the alternative, if 28 the Court finds that Defendant U.S. Bank is a successor in interest to the Deed of Trust pursuant 11 1 to the terms of the Deed of Trust, Plaintiff alleges that Defendants U.S. Bank and SPS, as their 2 agent, breached the Deed of Trust by improperly crediting and debiting his account."). The elements of a breach of contract cause of action are "(1) the existence of the contract, 3 4 (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the 5 resulting damages to the plaintiff." Oasis West Realty, LLC v. Goldman, 51 Cal. 4th 811, 821 6 (2011) (the first element of breach of contract is existence). Here, it is clear from the allegations 7 of his FAC that plaintiff has not performed under the contract. Plaintiff alleges he fell behind on 8 his mortgage payments at least as early as 2009, and denies throughout the FAC that he is 9 obligated to make any payments to defendants here. (Doc. No. 10.) Further, it is clear from the 10 allegations of the FAC that defendants demanded payment, declared a default when plaintiff 11 failed to pay, and foreclosed on the property at issue on January 11, 2017. (Id. at 8.) Plaintiff's 12 breach of contract claim must therefore be dismissed.5 13 5. Leave to Amend 14 The court is to "freely give" leave to amend "when justice so requires." Fed. R. Civ. P. 15 15(a)(2). "[L]eave to amend should be granted unless the district court 'determines that the 16 pleading could not possibly be cured by the allegation of other facts.'" United States ex rel. Lee 17 v. SmithKline Beecham, Inc., 245 F.3d 1048, 1052 (9th Cir. 2001) (quoting Lopez v. Smith, 203 18 F.3d 1122 (9th Cir. 2000)). The Ninth Circuit has "repeatedly stressed that the court must remain 19 guided by the underlying purpose of Rule 15 to facilitate decision on the merits, rather than on the 20 pleadings or technicalities." Nunes v. Ashcroft, 375 F.3d 805, 808 (9th Cir. 2003) (internal 21 quotations and changes omitted). In evaluating whether leave to amend should be given, the 22 following factors should be considered: "bad faith, undue delay, prejudice to the opposing party, 23 futility of the amendment, and whether the party has previously amended his pleadings." Bonin 24 5 25 26 27 28 Breach of contract and breach of implied covenant of good faith and fair dealing claims often accompany each other, but the latter claim is itself an allegation of a breach of the contract. Digerati Holdings, LLC v. Young Money Entm't, 194 Cal. App. 4th 873, 885 (2011). Here, the FAC makes clear the alleged breach of the implied covenant of good faith and fair dealing is based on the same factual allegations as plaintiff's breach of contract claim. (Doc. No. 10 at 35– 36.) Therefore, it is treated as derivative of plaintiff's breach of contract claim and must also be dismissed for the reasons explained above. 12 1 v. Calderon, 59 F.3d 815, 845 (9th Cir. 1995). "Futility alone can justify the denial of a motion 2 for leave to amend." Nunes, 375 F.3d at 808. See also Lockheed Martin Corp. v. Network Sols., 3 Inc., 194 F.3d 980, 986 (9th Cir. 1999) ("Where the legal basis for a cause of action is tenuous, 4 futility supports the refusal to grant leave to amend.") A pro se complaint must be liberally 5 construed and cannot be held to the same standards as pleadings drafted by lawyers. Erickson v. 6 Pardus, 551 U.S. 89, 94 (2007). "A district court should not dismiss a pro se complaint without 7 leave to amend unless 'it is absolutely clear that the deficiencies of the complaint could not be 8 cured by amendment.'" Akhtar v. Mesa, 698 F.3d 1202, 1212 (9th Cir. 2012) (quoting Shucker v. 9 Rockwood, 846 F.2d 1202 (9th Cir. 1988) (per curiam)). 10 Here, the court concludes it would be futile to grant plaintiff further leave to amend. The 11 vast majority of plaintiff's claims are precluded by the Kern County Superior Court's dismissal 12 on the merits of plaintiff's earlier filed lawsuit in that court. Plaintiff's TILA claims are time- 13 barred. The breach of contract claim plaintiff plead in the alternative cannot be sustained without 14 factual allegations that plaintiff performed under the contract, and it is evident from the factual 15 allegations in the FAC that he was in default and the defendants foreclosed on the property at 16 issue in January 2017. It is therefore clear plaintiff cannot in good faith allege his performance 17 under the terms of the loan. See Broudo v. Dura Pharm., Inc., 339 F.3d 933, 941 (9th Cir. 2003) 18 (leave to amend should be granted where plaintiff offers to provide additional evidence "and such 19 offer is made in good faith") overturned on other grounds 544 U.S. 336 (2005). Moreover, 20 plaintiff failed to appear at the hearing on defendant's motion to dismiss and there is nothing 21 before the court even suggesting additional facts could be plead by him to cure the complaint's 22 deficiencies. 23 ///// 24 ///// 25 ///// 26 ///// 27 ///// 28 ///// 13 1 2 CONCLUSION For all of the reasons given above, the court grants defendants' motion to dismiss (Doc. 3 No. 12) with prejudice and without leave to amend. Accordingly, the Clerk of the Court is 4 directed to close the case. 5 IT IS SO ORDERED. 6 7 Dated: May 18, 2017 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14


Early We had discussed 8 most dangerous human activities that harm the environment. This article is a continuation of that entry. You may have noticed we have missed several other human activities from that list. We are glad to see your suggestions and opinions in the commenting area. Here in this article we are going to discuss about "10 Threats that we are going to face in 21st century."
As a result of over Deforestation and emission of excess amount of oxides of carbon from power plants and vehicles there has been formed a green house effect around the Earth. Global warming would leads to water scarcity and extinction of several living organisms.


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KTM 250 ADVENTURE 2022 EDITION Launched at INR. 2.35 Lakh
Car News Latest Happenings News
Jaguar Land Rover Opens Brand New Dealership in Chennai
July 11, 2018 July 11, 2018 Admin	0 Comments 2018, chennai, dealership, india, Jaguar Land Rover, JLR, South
Jaguar Land Rover India today announced the opening of VST Grandeur's new retailer facility in the Poonamallee area of Chennai. VST Grandeur has developed yet another state-of-the-art facility, which was inaugurated by Mr. Rohit Suri, President & Managing Director, Jaguar Land Rover India Ltd (JLRIL), and Mr. VT Ravindra, Director, VST Grandeur, located at one of the most rapidly upcoming areas of Chennai, designed and equipped to provide the highest quality of sales and after-sales services.
The facility has an integrated service workshop and is equipped with 17 service bays with state-of-the-art equipment manned by a team of highly trained staff including technicians and other service personnel.
Mr. Rohit Suri, President & Managing Director, Jaguar Land Rover India Ltd (JLRIL), said: "We are delighted to introduce our new retailer facility in Chennai and are committed to easing accessibility for our customers to Jaguar and Land Rover products within the city. The opening of this ultra-modern facility for our esteemed customers is in line with this objective."
The customers can even book their cars by visiting the online booking platform at www.findmeacar.in and www.findmeasuv.in
Jaguar Product Portfolio in India
The Jaguar range in India includes XE (starting at ₹ 37.31 Lakh), XF (starting at ₹ 48.14 Lakh), F-PACE (starting at ₹ 61.91 Lakh), XJ (starting at ₹ 100.80 Lakh) and F-TYPE (starting at ₹ 134.33 Lakh). All prices mentioned are ex-showroom prices in India.
Land Rover Product Portfolio in India
The Land Rover range in India includes the Discovery Sport (starting at ₹ 43.80 Lakh), Range Rover Evoque (starting at ₹ 51.83 Lakh), All-New Discovery (starting at ₹ 71.38 Lakh), the New Range Rover Velar (starting at ₹ 80.92 Lakh), Range Rover Sport (starting at ₹ 99.48 Lakh) and Range Rover (starting at ₹ 174.29 Lakh). All prices mentioned are ex-showroom prices in India.
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7:04 pm 01/12/2022 KTM 250 ADVENTURE 2022 EDITION Launched at INR. 2.35 Lakh


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Structural Insight into How Streptomyces coelicolor Maltosyl Transferase GlgE Binds alpha-Maltose 1-Phosphate and Forms a Maltosyl-enzyme Intermediate
Title Structural Insight into How Streptomyces coelicolor Maltosyl Transferase GlgE Binds alpha-Maltose 1-Phosphate and Forms a Maltosyl-enzyme Intermediate
Authors Syson, K, Stevenson, CEM, Rashid, AM, Saalbach, G, Tang, M, Tuukkanen, A, Svergun, DI, Withers, SG, Lawson, DM, Bornemann, S
Journal BIOCHEMISTRY
Date Published APR 22
GlgE (EC 2.4.99.16) is an alpha-maltose 1-phosphate:(1 -> 4)-alpha-D-glucan 4-alpha-D-maltosyltransferase of the CAZy glycoside hydrolase 13\_3 family. It is the defining enzyme of a bacterial alpha-glucan biosynthetic pathway and is a genetically validated anti-tuberculosis target. It catalyzes the alpha-retaining transfer of maltosyl units from alpha-maltose 1-phosphate to maltooligosaccharides and is predicted to use a double-displacement mechanism. Evidence of this mechanism was obtained using a combination of site-directed mutagenesis of Streptomyces coelicolor GlgE isoform I, substrate analogues, protein crystallography, and mass spectrometry. The X-ray structures of alpha-maltose 1-phosphate bound to a D394A mutein and a beta-2-deoxy-2-fluoromaltosyl-enzyme intermediate with a E423A mutein were determined. There are few examples of CAZy glycoside hydrolase family 13 members that have had their glycosyl-enzyme intermediate structures determined, and none before now have been obtained with a 2-deoxy-2-fluoro substrate analogue. The covalent modification of Asp394 was confirmed using mass spectrometry. A similar modification of wild-type GlgE proteins from S. coelicolor and Mycobacterium tuberculosis was also observed. Small-angle X-ray scattering of the M. tuberculosis enzyme revealed a homodimeric assembly similar to that of the S. coelicolor enzyme but with slightly differently oriented monomers. The deeper understanding of the structure function relationships of S. coelicolor GlgE will aid the development of inhibitors of the M. tuberculosis enzyme.
DOI 10.1021/bi500183c


Welcome to Costessey Baptist Church Costessey Baptist Church on The Street at Old Costessey has been in existence since 1798. The Chapel you see above was opened for worship in 1822. The Church is a member of the Baptist Union of Great Britain and supports the Baptist Missionary Society and Home Mission. Behind the Chapel is a cemetery and alongside is the hall which was completed in 1969. There is additional parking on grass behind the hall.
Our vision is to see God's Kingdom grow through a healthy Church living as a wholesome community engaged in relevant mission.
We witness to the love of God in sending his only Son Jesus to be the Saviour of the world.
We encourage people to live a life reflecting that love; in word, thought and action.
We proclaim the love of God that brings salvation through Jesus and a call to Christ-like living.
We are a friendly and active church, meeting on Sunday mornings for worship and Sunday School.Throughout the week there are a variety of activities for all ages.
We give a warm welcome to anyone living in, visiting or new to the area to join us on a Sunday or during the week at any of our activities which are appropriate.
Celebrate with us on Easter Sunday and BOOK IN for breakfast at 9am followed by Communion. At 10.45 there is a worship service to thank Jesus for His amazing Love and our Hope through His death on the cross.
"Your Word is a light to guide my feet and a light for my path"
Please browse this website for more information. You may find the Pastor's Page helpful. If you would like to know more about the church or the Christian faith, please contact Pastor Peter Lillystone.
Click reference above to read more from the Bible.


Well, Aaron got back to me with a copy of my book all coloured red and yellow. This was after he had fixed several punctuation errors himself.
I spent an hour reading his comments and re-writing things to flow better and make more sense. I also added a chapter on unsecured business loans which I can't believe I had forgotten.
Writing this book is allowing me to remember so many deals. It's hard for me to believe how many I've done. I'm always trying to think up the best examples to share with the future readers of the book.
One more addition that I'll do tomorrow is the section on the 7 asset classes. Then I'll send it back to Aaron and we'll go through it together over the phone.
I am getting excited. I wonder if there are any advertising sales opportunities for the book? hmmm. I'll have to think on that one overnight.


I'm using the latest version of the Map Suite Web Edition Beta and I've been noticing a problem where my point symbol icons and labels get cut off if they are near the edge of a tile. How do I keep this from happening?
Below are some screen shots, look at the oil well point symbol on the left of the first screen shot and you will notice the top half is missing.
On the screen shot below you can see where the label for the left oil well is cut off at the end and only part of the W5 is being displayed.
This problem can be solved by setting the DrawingMarginPercentage property of a layer.
As you see, the map is drawn by tile. So there is a possibility that a text is drawing at the edge and part of the text is outside the tile, which will be gone after we clip it. To solve this problem, we can draw larger area than the tile and in this way, we can show the text properly.
Here is a sample how it works. Image 1 and image 2 are 2 tiles next to each other. If there is no margin drawing, the first tile will only get the "Lawr" and the 2nd tile does not have anything related to Lawrence, so the final result you can see is the text being cut. While if we enable the margin drawing, the map will draw a larger tile first (Green Tile) and then cut it to the standard one, so for this case, tile 2 will get "ence" for Lawrence and when merged with Tile 1, the text is complete.
You can also see the larger marginePercentage you set, the fewer possible a text will be cut, and the less performance it will have.
I hope it make sense. And let us know for more queries.
Supposing that the problem is not labels, but rather that we are drawing a collection of PointStyle objects offset a little bit from the feature, far enough to be on the next tile over. In this case, we are missing seeing the PointStyle.Triangle, PointStyle.Circle, etc. that we are drawing on certain zoom levels because they fall onto the next tile. What do we set at the layer level to get the feature to be drawn on the next tile too?
Sorry maybe I haven't understanding your scenario, could you please give more information about that, for example an image about it?
This problem should only works for label, because label is a special level in map, shapes won't be cut off by tiles.


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Search Results for 'Gujarat'
CIGNEX Datamatics recognized as the 'Best Software Company' in Gujarat at GESIA's 5th Annual Award Ceremony
CIGNEX Datamatics recognized for their contribution to the ICT industry in the state of Gujarat for the second year running
by Sunil (few years ago!)
New Business Ideas in Real Estate and Top Franchise Opportunity in India
RE/MAX organized a couple of events recently in Western India to educate real estate agents, investors, and those looking for small business ideas or franchise opportunities in real estate in Mumbai, Gujarat and Maharashtra.
by Aashil Patel (few years ago!)
Cygnet Training Center Announces Participation in 8th ACMA ICT Exhibition
Cygnet Training Center, the training division of Cygnet Infotech and a premier IT education provider in Ahmedabad has announced its participation in the 8th ACMA ICT exhibition to be held between 16th and 18th December 2011 at the Gujarat University Convention Center, Ahmedabad.
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RE/MAX Real Estate Broking Business & Franchise Opportunities In India
RE/MAX organized a couple of events recently in Western India to educate property brokers and those looking for small business ideas or franchise opportunities in real estate in Mumbai, Gujarat and Maharashtra.
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Motif among the 10 BPO companies in the World rated at PCMM Maturity Level 3
Motif India Infotech Pvt. Ltd. is now one of the 10 BPO companies in the world to be appraised and rated at Maturity Level 3 of the People Capability Maturity Model® (PCMM®). It is also the first BPO company in Gujarat to achieve this milestone.
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Brass Nuts ventures into extrusion
Brass Nuts and inserts India (BNI) is launching its newextrusion plant for extruding hex rods, billets, tubes and ingots of Brass, Copper and Bronze in Dared Gujarat plant.
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NWT Limo International Launched SUV Limousine in Ahmedabad, Gujarat, India
NWT Limo International has launched the SUV Limousine in Ahmedabad. They introduced the SUV Limousine in Gujarat (India) first time with aim to offer the classy service at low rates.
by Car Rental (few years ago!)
Best International SIM Card Company, Clay Telecom launches new office in Kutch
Clay Telecom has announces the launch of its new office in Kutch, Gujarat. The company is expanding its offices in India; besides this new office in Kutch, the company has also opened new offices in Jaipur and Goa.
by Poll Admes (few years ago!)
Motif ranked Best BPO Company in Gujarat, India
Motif India Infotech Pvt. Ltd. was awarded the prestigious 'Best BPO/KPO Company in Gujarat, India' award by the Gujarat Electronics & Software Industries Association (GESIA).
by Riddheka Salaria (few years ago!)
CIGNEX wins the "Best Software Company - Gujarat" & "Highest Employment Generator - Gujarat" Gold Awards by GESIA
CIGNEX Technologies, the global leader in Enterprise Open Source Solutions with its India Head Office in Ahmedabad, was awarded "Best Software Company - Gujarat" & "Highest Employment Generator - Gujarat" by the Gujarat Electronics & Software Industries Association (GESIA) at an impressive 4th annual award function organized by GESIA in the city on May 9, 2011.
by Dave Jennings (few years ago!)
Live Webcasting Of The 46th Convocation Ceremony - A Marvel of Vmukti Technology
The 46th Convocation Ceremony of Indian institute of Management, Ahmedabad (IIM-A) for the batch '2008-2010' adorned with the opulent presence of dignitaries like The Prime Minister of India and The Chief Minister of Gujarat and others was webcasted LIVE by Vmukti Solutions Pvt. Ltd. It was not just a degree awarding ceremony rather it became a News Highlight Cynosure for India.
by VMukti Solutions (few years ago!)
Huntsman Acquires Chemicals Business of Laffans Petrochemicals Ltd.
Huntsman Corporation (NYSE: HUN) announced that it has completed its acquisition of Indian chemical producer Laffans Petrochemicals Ltd., and has taken ownership of the manufacturer's 60kt ethylene oxide derivatives facility in Ankleshwar, Gujarat.
by Huntsman Corporation (few years ago!)
RAK Ceramics to set-up state-of-the-art Tile manufacturing plant in Gujarat
RAK Ceramics, world's No.1 Ceramic Manufacturer has entered into a Memorandum Of Understanding (MOU) with the Government of Gujarat during the Vibrant Gujarat Summit 2011 held recently in Ahmedabad. Under this MOU, RAK has committed an investment of Rs500 Crores with plans of setting up a Ceramic Tile manufacturing plant in the state.
by abi (few years ago!)
Actress Divya Dutta launched Anup Jalota's album 'HOLI Mastano Ki Toli' with Lalitya Munshaw as the guest of honour
After successful release of Lalitya Munshaw's two albums HALARDA and LORI (which was launched by Shri Narendra Modi, Honourable chief minister of Gujarat.), Red Ribbon is proud to present Shri Anup Jalota's album 'HOLI Mastano Ki Toli' which was released by Actress Divya Dutta recently.
by Mac Patel (few years ago!)
Indusface Helps Secure India's First Online State Elections
Indusface - a leading end-to-end information security organization announced today that it would be assisting the State Election Commission, Government of Gujarat in securing its forthcoming online municipal elections to be held in the city of Gandhinagar, Gujarat state as part of its ongoing engagement with the government.
by Beena Daryanani (few years ago!)