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1. Great site! I need some advice. I’m deciding between the Sony XBR-55HX950 and the Samsung UN55f8000. I would appreciate your opinion. Thanks, Ben

  2. Wonderful information Ben.If you discussion something about HD connection delivering SD channel specially in India.How blurr in image can controlled or quality picture can be improved.

  3. But what if your cable provider only broadcasts in 720P. Why be concerned with 1080P?

    1. Author

      If you never watch content with a resolution higher than 720p, there is no need for a TV with any higher resolution. Future upgrades by the cable provider, or Blu-ray, would be the only possible reasons for 1080p.

      1. Hi Carlotn, I read the above about distance for TVs and it is great! Couple questions, I am looking at purchasing a Panasonic 60″ ZT60, (The diagnol is 60.1″ according to Panasonic site) the above calculation says you should be 8ft or closer for full experience. If I am 10 feet is that still ok? Or 16ft away? What will I be losing as far as the experience? Just a little confused– Thanks

        1. At any distance more than 8 feet the resolution of your eyes cannot distinguish the difference between 1080 or 720. You must be at least 8 feet or closer to see 1080 discreetly over 720..

          1. I fully respect Carlton’s bio-calculations. He correlates eye-resolution with the subtended viewing angle. The calculation yields the minimum screen resolution needed to satisfy the eye, taking into account screen size, resolution & distance.

            But, I respectfully take issue with the suggestion that anyone should invest in a 60 inch television (or monitor) without getting 1080p. After all, the cost difference is negligible (wait a few days for a sale price. Full HD is consumer mainstream. Any difference is negligible).

            If the eye cannot see the difference at 10 feet, then you might ask “Why should I care?”.

            (a) Sometimes, you may be closer than 10 feet
            (b) You might occasionally use the TV as a PC monitor
            (c) You may choose to sell or repurpose the TV in a world filled with QHD (4K) appliances.

            Consider all of these reasons. I am certain that you can think of others.

            Ellery Davies (Chief Editor, A Wild Duck)
            —Is 4K TV Relevant? http://awildduck.com/?p=2755
            —What about 3D TV? http://awildduck.com/?p=2703

          2. Author

            I agree, if the cost difference is negligible, go for higher resolution. With 4k, the price increase is currently a pretty substantial difference, and the benefit is probably not there for most viewers. I’d take a high-contrast OLED 1080P TV over a 4K LED TV any day. . .

  4. 4K (2160P) is simple. If you sit further away than the width of the screen; you have no chance what’s so ever, of benefiting from 4K .
    If your buying a 72″ (diagonal), which is 62.6″ wide you must sit closer than 62″ to it. When 4K hits your local cinema, sit in the first four rows and enjoy !?!?
    Yep, they think we’re stupid. But I hear the new 4K popcorn improves visual acuity.

  5. I love sending people (and journalists!) here when they start raving about 4K and 8K entering the home market. As I always said, in order to benefit from it, first of all you would have to live in a huge mansion that can actually accomodate a screen size and comfortable viewing distance at which you can even see the difference. Especially with eyesight as mediocre as my own. The calculator is great for bringing people back down to earth. With a 50″ screen, which I think is already at the very upper limit for most regular living rooms, “for 8k (7680×4320) resolution, you must sit 2 feet or closer for full benefit”. I don’t think that’s what many people would call a comfortable setting.

    There was a quote about half a year ago from an executive at Sony, nicely exposing it for the eyewash it was. I’m not sure whether this individual wanted to say it the way he did, or whether he’s since been fired for it =) but asked by the interviewer for the reasons why 4K and 8K are pushed into the consumer market at this point in time, he replied that the market for Full HD and 3D TVs is nearly saturated and sales are down. In other words: they just needed something, *anything* to make people feel like their HDTV is already outdated again and they should get a new one.

    A fantastic website by the way, this is not the first time I have ended up here. Is that home theatre in the background yours?

    1. Author

      Thanks Daniel. I agree, unless it’s a computer monitor, 4k and 8k are a waste. It’s funny that you mention Sony, because if you check out my similar post, it mentions the Sony 4K UHDTV product page confirming that very close seating distances are required. Kudos to the them for being so upfront about it. Too bad not every most other sources are not.

      Yes, that’s my home theater in the backgroud. It took a lot of work initially and we’ve spent a lot of time watching movies ever since.

    2. I saw a documentary talking to a Japanese TV station that has prototype 8k displays. They were of the opinion that 4k was pointless, and that 8k was the future, BUT, they were also of the opinion that 8k displays would be wall-sized (Their prototypes were all something like 16 feet across or more), and wouldn’t be used for regular TV/Film use, but rather displaying footage where there is a good reason to walk right up to the display and look at things from close up. (Eg, touching distance, or the kind of distances computer displays are used at).
      This is a rather strange thing for a TV station to promote, but effectively what they’re talking about isn’t really TV as we currently understand the concept…

      1. Author

        Katrina, that is definitely an interesting use of 8k resolution and is completely appropriate. I can see this type of display being very useful in a broadcast studio/news room. Years in the future, flexible OLED displays that could be unrolled and hung on the wall could make this a reality.

  6. Wish I could have found this article earlier…..was going crazy to buy a TV and as I hate big TVs and people were forcing me to buy a huge one because they kept saying there won’t be any difference in 1080i picture quality for a TV as 32″. But if I read right, then if I maintain 4 feet (and that’s for 1080p, I am talking about ‘i’) distance then I will be able to see the difference! I don’t see a point to get a 39 or 42″!
    Am I wrong? If anyone is still reading this kindly reply, I would be very grateful.

    1. Yes, i think you are right. Keeping the proper distance from the screen, there would be a good difference for 32 inch displays for 1080p. The 5 inch smartphone-phablets have full hd displays, so what’s wrong with having full hd in a 32 inch ? (also keeping in mind the pixel density).

      1. Yeah, I know, I have a S4, but you know people keep saying whatever they want! They kept saying there won’t be any noticeable difference for any screen size below 42″! What can I say? I think I am going for the 32″, maybe I could consider a 39″, but no way a 42″.

  7. Hi there! Great site full of useful informations. I actually didn’t get one thing: let’s say i have a 1080p 50-inches display, according to the calculator I should sit at least at 7 feet away to see a difference with a 720p monitor and at 6,5 to get the best out of it. Now, I don’t get why it says 7 feet “or closer”, should not be a lower limit at which you actually resolve pixels so you have to sit farther? Is this limit 6,5 for the given example? Finally, does the benefit increase going up with screen size? Thanks in advance, and again great job!

  8. i sit abot 12′ feet from tv what size should i should i play lt video games

  9. Hi Carlton,

    If im understanding this right, then (according to the screen calculator above) @110″ diagonal, 720p can be enjoyed from between 14-21 feet with almost little or no perceivable difference from 1080p. Is this right ?

    1. Author

      Viki, yes, that is correct. Little to no noticeable difference at viewing distances greater than 14 feet.

  10. Carlton, you are the man! Thanks for laying this out in an easily understandable manner.

  11. I love it…Thank you, Carlton! My admiration is a bit self serving. Your chart of screen size/viewing distance/resolution validates and ‘quantifies’ a claim that I have made at AWildDuck and LinkedIN forums. But, my assertion was subjective and not backed by the physiological data concerning the ability of the human eye to discriminate: a subtended angle of 1/60 degree.

    I am a resolution junkie, and yet I believe that consumer adoption of 4K is pointless. My argument is here: http://awildduck.com/?p=2755

  12. Carton,
    Great site. I am using a Sony 4k projector in a room that is 28 feet wide (screen wall) and 18 feet deep for seating. Would like to get two rows and the largest possible screen without having the front row to move their heads to watch the action. What is the widest screen size I can go with? Is 15 feet in 2:35 ration too wide if the front row were 15 feet away from screen?

  13. Carton,
    Great site. I am using a Sony 4k projector in a room that is 28 feet wide (screen wall) and 18 feet deep for seating. Would like to get two rows and the largest possible screen without having the front row to move their heads to watch the action. What is the widest screen size I can go with? Is 15 feet in 2:35 ration too wide if the front row were 15 feet away from screen?

    1. Author

      Avi, That’s an impressive setup! That screen size and viewing distance are fine as long as the projector is bright enough for a screen that big. The room will need to have total light control. From a resolution standpoint, you could even move the front row a bit closer, but I don’t see a huge need for that unless you needed more space in the back for the second row.

      FYI, if you’re using an anamorphic lens on a 16:9 projector, the resulting image aspect ratio will actually be 2.37:1 instead of the film standard of 2.35:1. If the screen is being custom made, I’d go for the 2.37:1 aspect ratio instead, but they are so close you’d be fine with either.

      1. Thanks Carlton and appreciate the heads up on 2.37 in anamorphic. I am thinking of getting the new Sony 4K projector VPLVW600ES. Trust that will work on a 15 foot wide screen for light output. Any specific recommendations for screen gain and brand.. Stewart tends to be quite expensive.

        1. Author

          I agree, Stewart is pretty expensive for the performance advantage offered (if any.) I think the Carada Criterion series screen are very high quality and at a more reasonable price: http://carada.com/ . With a screen that big, you should probably go with the higher 1.4 gain material. I can’t vouch for quality, but Monoprice has some very reasonable prices on 150″ fixed frame 2.35:1 screens: http://www.monoprice.com/Category?c_id=108&cp_id=10829

  14. Great site Carlton! I’ve referred a number of people to it who have questions about screen sizes/viewing distance, and some who are gung-ho for UHD with screens in the 50-60 inch range. Your chart really helps explain why UHD must be watched up close for much benefit.

    One of my pet peeves is at least a couple of manufactures are advertising UHD as having four times the “resolution” of HD when UHD is actually only twice HD’s resolution. A few have used words like “four times the clarity” and “four times the quality” which is ok, but being an engineer who specialized in photonics, saying the “resolution” is four times greater really rubs me the wrong way. Your chart makes it easy to show people that there’s only a factor of 2 involved between HD and UHD resolution.

  15. i have an older hitachi projection screen tv. it works great right up close too. I am concerned because i dont kno if the xbox one i got my son for christmas is gonna be compatible with it due to it only having hdmi connection and not coloreed wired connections. would it work with a hdmi to vga converter

  16. you should show dot/pixel pitch vs view distance, too

    1. i can sit really close to the screen and it is tot
      ally bright and clear

  17. Dear Carlton,

    I very much appreciate your advice. Congratulations for this great job. I am planning to replace my 60″ 1080p TV for a 65″ 4K TV. I learned from your points and calculations that the best viewing distance for this 65″ 4K would be 4 feet.

    The distance that I am currently from the 1080P is 12 feet. Unfortunately I have no way to move the sofa closer to the TV due the particular arrangements of my room. On the other side I am afraid that staying just 4 feet from a 65″ TV I will not be able to see the contents of a film in full – it seems that I would need to be moving my eyes left to right and right to left, which would be extremely annoying.

    Please let me know what would be the real scenario if I stay 12 feet away from a 65″ 4K TV.

    Many thanks for your kind reply.

    Warmest Regards,

    1. Author

      At 12′ away from a 65″ TV, you’re better off staying with 1080p. There is no 4k content to watch and you wouldn’t see much improvement even if there were.

      1. Many thanks Carlton!

  18. I read somewhere that with Ultra HD screens the only way to get any significant benefit is to purchase one at least 75″.

    Is this true?

    1. Author

      For typical home seating distances, yes this is true. Please refer to the calculator above.

  19. I just ordered a screen research 4k screen, 145 x 81. Throw distance is 21′. Looking for a bright projector that can work with this screen. Its a dedicated theater and the seating is 10′, 16′, 20′.

  20. Very interesting reading, i have been doing most things as natural as i can, what i mean to say is that i have tested a 23 inch computer monitor and a 32 inch lcd tv, now, with the 23 inch pc monitor i can sit at my pc desk and watch smalll windowed youtube videos and reading text and general web site viewing at 16 inches from the screen with general comfort. But if i game on the 23 inch monitor i naturally move back in my chair and have measured the distance that i naturally found comfortable viewing and that was 4 feet from the 23 inch (diagoanl) pc monitor, games just looked rough at 2 feet away even maxed out with gtx 780’s in sli. I also tested a 32 inch tv on my pc desk but the picture was even worse and the biggest discomfort was having the large 32 inch tv, simply too big, too in my face. I eneded up hanging the 32 inch tv on a wall at 8 feet away, the view distance was better because i didn’t have this great big huge tv in my face but i still feel as though i am not getting optimum 1080p viewing. Interesting stuff and there is without a doubt something right about lechner’s findings. I can’t find the middle ground so to speak, but it does look like that a 68 inch 1080p screen at around 9 feet away is that distance for optimal viewing comfort and full detail of hdtv. In my case the PC also has this problem, 4k sounds like it could be a visualualy pleasing affair but according to charts or calculations 1 feet from a 4k display would be an absolute horriffic experience.

  21. Would I be able to notice a difference between a 23.6″ and a 27″ pc monitor (both 1080p resolution) when my viewing distance is approximately between 3 and 3.3 feet?

    The two monitors have basically identically performing panels – the only real difference is the size.

    I’m worried that the pixel density of the 27″ monitor might be too low considering my viewing distance?

    Should it be possible to notice a difference in pixel density between the two monitors, if they are both viewed at the aforementioned distance?

    1. how can to move movies from computer to other disk when the video size is large then 4jb please help with me

    2. At 23~27″ and 2.5~3ft, you are a perfect candidate for 2560×1440 (detailed computer work for those who crave resolution and copious desktop space), or 1080p = 1920×1080 (for TV/video).

      Since I am on the road, I have not yet compared my subjective opinion with Carlton’s resolution calculator. It will be interesting to see whether my off-the-cuff, experience-based advice comes in high or low on that scale.

      Incidentally, if you work from home, 27 inches is a massive display area for any shared environment ,such as a kitchen table guest room desk.

    3. Update (to my comment immediately above this one)…
      Carlton’s resolution calculator concurs with my subjective opinion. It says that at 3ft, you benefit from the 23″ monitor @ 1080p and at 4ft for a 27″ monitor.

      My suggested resolution of a step higher (2560×1440) applies to critical desktop computing (in which their is little motion and in which you occasionally move your face closer to the screen).

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United States Court of Appeals, Tenth Circuit.

SARAH LEE GOSSETT PARRISH, Plaintiff - Appellant, v. ARVEST BANK, Defendant - Appellee.

No. 17-6042

Decided: November 20, 2017

Before BRISCOE, O'BRIEN, and BACHARACH, Circuit Judges.

Sarah Lee Gossett Parrish appeals from the dismissal of her second amended class action complaint (“Complaint”) for failure to state a claim under Fed. R. Civ. P. 12(b)(6). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm in part, reverse in part, and remand for further proceedings.

I. Background

Parrish filed her Complaint against Arvest Bank on behalf of herself and all others similarly situated. She included claims for actual fraud, constructive fraud, false representation/deceit, breach of fiduciary duty, breach of contract, and unjust enrichment. In support of her fraud claims, she alleges Arvest made false or misleading statements in its Electronic Fund Transfer Agreement and Disclosure (“EFTA”) and in certain marketing materials, which led customers to believe their transactions would be debited chronologically, i.e., in the order transactions are initiated (or in the case of checks, in the order they are presented). But, and contrary to the misrepresentations, Arvest actually posts all transactions in “batches” by transaction type at the end of each business day. She claims the batching process manipulates the posting order of transactions to maximize the number of insufficient funds and overdraft fees (“NSF/OD Fees”) it imposes on customers. More specifically, she alleges the batching causes transactions to be posted in the following order: POS transactions,1 other debit transactions, check transactions, ACH transactions,2 and other types of transactions. Moreover, she claims transactions of the same type are not necessarily posted in chronological order within a batch.

In sum, Parrish claims Arvest's false and misleading statements regarding the chronological posting of transactions leaves its customers unable to determine (before initiating and completing a transaction) whether it will result in an NSF/OD Fee. She alleges generally that Arvest assessed one or more NSF/OD Fees on multiple occasions when her check register showed a positive balance, and she claims she would have incurred fewer NSF/OD Fees on other occasions had Arvest posted her transactions chronologically.

She also alleges fraud based on the account information Arvest displays via its online and mobile banking platforms, in which it misrepresents customers' account balances to be accurate, “real-time” balances, when they are actually inaccurate, “false” balances because of Arvest's posting process. She claims to have relied on inaccurate account balances in initiating and completing transactions and, as a result, incurred unexpected NSF/OD Fees.3

In addition to her fraud claims, Parrish alleges claims for breach of fiduciary duty, breach of the EFTA, and unjust enrichment based on the same factual allegations.

The district judge decided Parrish's Complaint fails to state a claim under Rule 12(b)(6) because: 1) her fraud claims do not allege with particularity any misrepresentation by Arvest that it posts transactions instantaneously or in chronological order; 2) the facts she alleges in her fiduciary duty claim do not support a fiduciary relationship between Arvest and its customers; 3) her breach-of-contract claim is infirm because Arvest did not promise in the EFTA to provide account balances reflecting instantaneous posting, and she does not adequately plead facts supporting her general allegation that Arvest breached the implied covenant of good faith and fair dealing; and 4) her unjust enrichment claim does not state a plausible basis to infer that Arvest's conduct was unfair, unconscionable, and oppressive.

II. Discussion

We review de novo the dismissal of a complaint for failure to state a claim under Rule 12(b)(6). George v. Urban Settlement Serv., 833 F.3d 1242, 1247 (10th Cir. 2016). “We accept a plaintiff's well-pleaded factual allegations as true and determine whether the plaintiff has provided enough facts to state a claim to relief that is plausible on its face.” Id. (internal quotation marks omitted). “[A] claim is facially plausible if the plaintiff has pled factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (internal quotation marks omitted). “The plausibility standard is not akin to a probability requirement, but it asks for more than a sheer possibility that a defendant has acted unlawfully. Where a complaint pleads facts that are merely consistent with a defendant's liability, it stops short of the line between possibility and plausibility of entitlement to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation and internal quotation marks omitted). A putative class action complaint should be dismissed if the named plaintiff's individual claims fail to state a claim for relief. See Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1213 (10th Cir. 2006) (holding class-action allegations were properly dismissed where plaintiff failed to state a claim on his own behalf).

A. Fraud Claims

A stricter pleading standard applies to Parrish's fraud claims. Under Fed. R. Civ. P. 9(b), “a party must state with particularity the circumstances constituting fraud ․ Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally.” “More specifically, this court requires a complaint alleging fraud to set forth the time, place and contents of the false representation, the identity of the party making the false statements and the consequences thereof.” Koch v. Koch Indus., Inc., 203 F.3d 1202, 1236 (10th Cir. 2000).

1. Alleged Misrepresentations Regarding Chronological Processing of Transactions

Parrish does not claim Arvest explicitly stated that it posts transactions chronologically, rather that it made misleading statements in the EFTA and in certain marketing materials, which created the false impression it does so, when in fact it does not—it batch posts transactions at the end of each business day.

She first points to the following statement in the EFTA: “Each time you use your CheckCard, the amount of the transaction will be debited from your designated account.” Aplt. App., Vol. 2 at 252. Emphasizing the words “each time,” she alleges that, although this statement “may or may not imply that the posting will be instantaneous, it clearly does imply that transactions will be debited in the order in which they occur.” Id. at 240. Moreover, she says, Arvest reinforced this implication in a pamphlet titled “How to Keep Good Bank Records” by advising customers to “enter every transaction as soon as possible.” Id. at 230 (internal quotation marks omitted). She alleges that, by specifically telling customers “Check numbers do not always clear in numerical order or immediately,” id. at 230-31 (internal quotation marks omitted), the pamphlet suggests other transactions do post chronologically.

The district judge concluded the statement in the EFTA about accounts being debited “each time” a customer uses a debit card “does not say or imply that the posting will be instantaneous,” nor does the pamphlet suggest that non-check transactions are posted immediately or chronologically. Id. at 371. Parrish complains that the judge failed to view the facts she alleged in the light most favorable to her position and did not address her contention regarding chronological (as opposed to immediate) posting. When considered together, she urges, the EFTA and the pamphlet create a false impression that customers' accounts are debited in the order their transactions occur.

Arvest contends its “each time” statement in the EFTA addresses only the mechanics of how a CheckCard works, i.e., indicating that each POS transaction will result in a debit to the customer's account. It points to language in the pamphlet telling customers, “The debit card purchase amount may show one day as verification and then will be processed as the actual purchase amount in one or more days and they may not be the same amount.” Id. at 289.4

The district judge is correct: Parrish fails to allege a misrepresentation by Arvest. Her fraud allegations do not plausibly show what she claims: that the EFTA or the pamphlet actually represents that CheckCard or other transactions will be posted in chronological order. Her allegations are, at best, “merely consistent with” her claim that Arvest made false representations. Iqbal, 556 U.S. at 678 (internal quotation marks omitted). That is not enough and our saying so does not merely choose one plausible interpretation over another. Arguments about plausibility must be rationally based; they are not all equally meritorious.

Parrish relies heavily on Gutierrez v. Wells Fargo Bank, NA, 704 F.3d 712, 730 (9th Cir. 2012), in which the Ninth Circuit affirmed a holding that Wells Fargo violated California's unfair competition law “by making misleading statements likely to deceive its customers.” We do not see the facts in Gutierrez as sufficiently similar to those presented here. There Wells Fargo posted debit-card purchases in the order of highest to lowest dollar amount, which increased the number of NSF/OD Fees customers incurred. See id. at 716-17.5 But contrary to its actual practice, Wells Fargo explicitly told customers in marketing materials that check card transactions “generally reduce the balance in your account immediately,” “the money comes right out of your checking account the minute you use your debit-card,” and POS purchases are deducted “immediately” or “automatically” from a customer's account. Id. at 729 (internal quotation marks omitted).

As Parrish readily acknowledges, she does not allege any such explicit representations by Arvest in the EFTA or the pamphlet regarding chronological posting. She nonetheless points to allegations in her Complaint similar to the facts recited in Gutierrez, in particular Arvest's display of transactions in chronological order via its online and mobile banking platforms and its advice to customers to maintain accurate check registers. In Gutierrez, the district judge found similar practices to have bolstered Wells Fargo's numerous explicit statements regarding immediate debiting of transactions. See Gutierrez v. Wells Fargo Bank, N.A., 730 F. Supp. 2d 1080, 1117 (N.D. Cal. 2010), aff'd in part and rev'd in part by Gutierrez, 704 F.3d at 730. But it did not rely on these practices alone in finding that Wells Fargo had “promoted a false perception that debit-card purchases would be deducted from [customers'] accounts in the order transacted.” Id.; see also id. at 1116-17 (listing numerous explicit statements by Wells Fargo regarding immediate balance reductions).

Moreover, Parrish also fails to allege facts demonstrating her reliance on any misrepresentation by Arvest regarding chronological posting. Under Rule 9(b), she must allege with particularity the “consequences” of Arvest's false statements. Koch, 203 F.3d at 1236; see also George, 833 F.3d at 1256 (holding allegations “identify[ing] the actions the plaintiffs took in reliance on [the] misrepresentations, [and] detail[ing] the injuries they suffered as a result” were sufficient to satisfy Rule 9(b)).

Here, she alleges only two specific instances in which she incurred unexpected NSF/OD Fees on her Arvest accounts. Her allegations regarding transactions on July 2-3, 2012, fail to show she would have incurred fewer fees had her transactions been posted chronologically. See Aplt. App., Vol. 2 at 232-34. Parrish now maintains these allegations are not intended to demonstrate her reliance. See Aplt. Reply Br. at 4. That leaves her allegations regarding an NSF/OD Fee she incurred on July 13, 2015. But these allegations also do not relate to Parrish's claim of reliance on chronological posting of transactions. See Aplt. App., Vol. 2 at 236-37. Nor are her other broad allegations regarding her reliance sufficient to satisfy Rule 9(b). See Koch, 203 F.3d at 1236-37 (affirming dismissal of fraud claims based on broad allegations that “set forth none of the specific and required allegations,” id. at 1237).

2. Alleged Inaccurate and Unreliable Account Balances

Parrish also attempts to allege a fraud claim related to the account balance information available to customers through Arvest's online and mobile banking platforms. She alleges she believed, due to Arvest's misrepresentations, that it provided “real-time account balances” through these services. Aplt. App., Vol. 2 at 236. Parrish claims she initiated and completed transactions in reliance on these account balances, incurring unexpected NSF/OD Fees as a result.

To the extent she relies on alleged misrepresentations by Arvest regarding chronological posting, this claim fails for the reasons explained above. But Parrish also points to the following language in the EFTA:

ONLINE & MOBILE BANKING – You may use your access code to perform the following functions through our internet banking or mobile banking solutions:

• Initiate transfers of funds between your Arvest Bank accounts.

• Check your Arvest Bank account balance(s), and the credits and debits that have posted to your accounts.

Id. at 252. She argues Arvest misrepresents through this language that it displays accurate account balances via its online and mobile banking systems when in fact it does not.

Once again, Parrish must allege a plausible fraud claim with particularity. According to the Complaint:

[O]n July 8, 2015, Parrish mistakenly wrote a check from her bank account ending in 9398, believing she had done so from a different account. When she realized her error over the weekend, Parrish checked the balance reflected on Arvest's online banking system. It reflected that the check had not processed and there were sufficient funds in the account. Parrish relied on this representation, which ultimately proved to be false, and waited until the following Monday morning to deposit additional funds in the account. On Monday, July 13, 2015, Arvest's online banking system indicated that Arvest had in fact processed and posted the check prior to Parrish's deposit, contrary to the representation upon which Parrish relied over the weekend. As a result of this reliance, Parrish incurred an unexpected NSF/OD Fee.

Id. at 236-37. These fraud allegations do not survive a motion to dismiss. Parrish claims she checked her online balance once at some undisclosed point during a weekend, noting her check had not yet cleared. She alleges vaguely there were “sufficient funds” in her account at that time, but she does not say her check was the only transaction affecting the account. She states that she decided to delay—not forgo—making a deposit. Ultimately, Parrish fails to explain how Arvest's posting of her check at some point before she put more money in her account on the following Monday demonstrates that the online balance Arvest displayed over the weekend was “false” at that time. Parrish's allegations do not allege with specificity a plausible fraud claim against Arvest.

We affirm the district judge's dismissal of Parrish's fraud claims. She did not “nudge[ ]” these claims “across the line from conceivable to plausible.” Iqbal, 556 U.S. at 680 (internal quotation marks omitted).6

B. Breach of Fiduciary Duty

Under Oklahoma law, a bank does not owe its customers fiduciary duties absent a written agreement:

Unless a state or national bank shall have expressly agreed in writing to assume special or fiduciary duties or obligations, no such duties or obligations will be imposed on the bank with respect to a depositor of the bank ․ and no special or fiduciary relationship shall be deemed to exist.

Okla. Stat. tit. 6, § 425. Parrish's breach-of-fiduciary-duty claim was dismissed because she failed to allege an express written agreement to assume such duties. The judge also held her allegation of a special relationship between Arvest and its customers—based on Arvest's superior knowledge of its posting processes and its customers' lack of sophistication—failed as a matter of law. See First Nat'l Bank & Tr. Co. of Vinita v. Kissee, 859 P.2d 502, 510-11 (Okla. 1993).

In support of her fiduciary duty argument Parrish points to Arvest's agreement in the EFTA to provide accurate, real-time account balance information through its online and mobile banking platforms. Banks have always been expected to provide accurate account information, but that does not transform a creditor-debtor relationship between a bank and its customers into a special relationship giving rise to fiduciary duties, and we fail to see how the offering of what has now become routine banking services will do so. Parrish has offered no contrary authority. We see no error.

C. Breach of Contract

Parrish initially contends her Complaint states a claim for breach of the implied covenant of good faith and fair dealing. She cites cases in which other courts have refused to dismiss implied-covenant claims with fact patterns similar to those she has alleged. In particular, she notes her allegations regarding Arvest's posting process, its failure to fully inform customers regarding that process, and its misleading statements regarding chronological posting. But she does not tether these allegations to anything Arvest agreed to do, but has not performed in good faith. In the cases she relies on, the plaintiffs alleged that banks failed to exercise good faith in performing express contractual terms granting them discretion to post transactions in any order. See, e.g., In re Checking Account Overdraft Litig., 694 F. Supp. 2d 1302, 1314-16 (S.D. Fla. 2010). Since she does not point to any similar allegation in her Complaint she fails to demonstrate how the district judge erred in concluding her general allegation regarding Arvest's breach of the implied covenant is insufficient to state a claim under Rule 12(b)(6).

Parrish also alleges Arvest breached its agreement in the EFTA to provide accurate and reliable account balance information via its online and mobile banking platforms. As noted above, the EFTA provides that, via these systems, customers can initiate transfers between their Arvest accounts, as well as check their “account balance(s), and the credits and debits that have posted to [their] accounts.” Aplt. App., Vol. 2 at 252. She construes this language as an agreement to provide current, real-time balance information, which she claims Arvest breached by displaying inaccurate account balances. By example, she alleges that Arvest does not instantaneously process transfers between Arvest accounts, even when it represents through a customer's online or mobile account balance it has done so. See id. at 236. And she claims to have relied on that inaccurate online and mobile account balance information in initiating and completing transactions. As a result, she overdrew her accounts and incurred unexpected NSF/OD Fees.

In dismissing this claim, the district judge incorporated the following reasoning from a previous dismissal order:

The complaint asserts that Arvest breached the [EFTA] by providing inaccurate account balances, but it is not apparent what makes the balances inaccurate. Plaintiff's argument is essentially that an “accurate” balance is only one which reflects instantaneous posting of transactions. But the agreement promises no such thing and there is no apparent reason for concluding that transactions posted by size or some other batching process result in balances that are other than “accurate” for purposes of the agreement.

Aplt. App., Vol. 1 at 220.

But the EFTA tells customers they can use Arvest's online and mobile banking platforms to check their account balances and the credits and debits that have posted to their accounts. Parrish alleges, to the contrary, that account information Arvest makes available through its online and mobile banking platforms does not accurately reflect actual account balances. Her example of Arvest not carrying out an intra-bank transfer, while displaying the transfer as completed, illustrates how an online or mobile banking account balance could be inaccurate. Unlike her fraud claims, Parrish was not required to plead this claim with particularity. And her allegations are not, as Arvest maintains, merely conclusory. Accepting her allegations as true and construing them in a light most favorable to her, she has alleged enough facts to plausibly state a facially valid claim to relief.

Arvest asserts the form agreements governing Parrish's use of its online and mobile banking platforms do not warrant these systems as error free and also disclaim liability for customers' reliance upon them. But Parrish's claim is based on the EFTA, which she attached to her complaint. She does not rely on or attach the other agreements Arvest cites. We do not consider these other agreements because “[o]ur role is to assess whether the plaintiff's complaint alone is legally sufficient to state a claim upon which relief may be granted.” U.S. ex rel. Sikkenga v. Regence BlueCross BlueShield of Utah, 472 F.3d 702, 713 (10th Cir. 2006).

We affirm the district judge's dismissal of Parrish's claim asserting breach of the implied covenant of good faith and fair dealing, but reverse its dismissal of her claim asserting Arvest breached the EFTA by providing inaccurate account balance information to customers through its online and mobile banking platforms.

D. Unjust Enrichment

Parrish asserts an unjust-enrichment claim as an alternative to her breach-of-contract claim. She first maintains this claim is based upon Arvest's alleged misrepresentations regarding chronological posting of transactions and the resulting increase in NSF/OD Fees Arvest imposes. Because she fails to allege a misrepresentation by Arvest regarding chronological posting, these allegations do not support a claim for unjust enrichment.

Parrish also asserts her unjust-enrichment claim is based on the allegedly false account balance information Arvest provides through its online and mobile banking platforms. We have affirmed dismissal of her fraud claim based on these allegations because she did not plead with particularity any false account balance information pertaining to her own accounts. But we have reversed the dismissal of Parrish's breach-of-contract claim based on inaccurate balance information displayed via Arvest's online or mobile banking systems. Under Oklahoma law, Arvest says, quasi-contractual remedies such as unjust enrichment are not available where an enforceable contract governs the parties' relationship. Parrish does not address this contention in her reply brief.

In Oklahoma “a party is not entitled to pursue a claim for unjust enrichment when it has an adequate remedy at law for breach of contract.” Am. Biomedical Grp., Inc. v Techtrol, Inc. 374 P.3d 820, 828 (Okla. 2016).7 We have cited “the hornbook rule that quasi-contractual remedies ․ are not to be created when an enforceable express contract regulates the relations of the parties with respect to the disputed issue.” Member Serv. Life Ins. Co. v. Am. Nat'l Bank & Tr. Co. of Sapulpa, 130 F.3d 950, 957 (10th Cir. 1997) (citing 1 Joseph M. Perillo, Corbin on Contracts § 1.20 (rev. ed. 1993)). We applied this rule in a case where the plaintiff tried to allege an unjust-enrichment claim to recover unpaid royalties. See Elliott Indus. Ltd. P'ship v. BP Am. Prod. Co., 407 F.3d 1091, 1107-09 (10th Cir. 2005). We affirmed a summary judgment because “the claim for unpaid royalties is grounded in the parties' contractual relationship.” Id. at 1117. Parrish presents no argument as to why this rule does not bar her unjust-enrichment claim. We therefore affirm the dismissal of her claim on that basis.

III. Conclusion

The district court's judgment is affirmed in part and reversed in part. The case is remanded for further proceedings consistent with this order and judgment.

Entered for the Court

1.   According to the EFTA, which Parrish attached to her Complaint, POS stands for “Point-of-Sale.” Aplt. App., Vol. 2 at 251. A POS transaction occurs when a customer uses a CheckCard to purchase goods and services from a participating merchant. See id.

2.   ACH stands for “Automated Clearing House,” a network through which bank customers can pay certain bills electronically. Aplt. App., Vol. 2 at 252.

3.   Parrish clarifies that her fraud claims “do not challenge Arvest's chosen posting order, nor do they attempt to require Arvest to make particular disclosures to its customers.” Aplt. Reply Br. at 11.

4.   Although Parrish did not attach a copy of the pamphlet to the Complaint, she did refer to it and the document is central to her fraud claims. Because Parrish has not disputed the authenticity of the pamphlet document Arvest submitted with its motion to dismiss, we consider that document as part of Parrish's Complaint. See GFF Corp. v. Associated Wholesale Grocers, Inc., 130 F.3d 1381, 1384 (10th Cir. 1997) (“[I]f a plaintiff does not incorporate by reference or attach a document to its complaint, but the document is referred to in the complaint and is central to the plaintiff's claim, a defendant may submit an indisputably authentic copy to the court to be considered on a motion to dismiss.”).

5.   In striking contrast, Parrish does not allege Arvest posts debit-card transactions in high-to-low order. She does claim check transactions have a higher median transaction value than ACH transactions, and that Arvest batch posts checks before ACH transactions. But she also alleges that Arvest posts POS and other types of debit transactions first, and she does not claim these types of transactions have a higher median transaction value than check or ACH transactions.

6.   Parrish's constructive fraud claim fails for the same reasons as her other fraud claims. Moreover, she does not allege facts supporting her two theories why Arvest had a duty to disclose information about its posting practices. She alleges no partial, misleading disclosure by Arvest giving rise to a duty to speak. Nor, as we explain next, does she allege facts supporting a finding that Arvest has a fiduciary relationship with its customers.

7.   This rule does not apply when a party is seeking to rescind the contract, see Roberson v. PaineWebber, Inc., 998 P.2d 193, 200 (Okla. Civ. App. 1999), but Parrish does not seek to rescind the EFTA.

Terrence L. O'Brien Circuit Judge

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Sabbath programs will be online only due to the lockdown across Victoria. Join us online on Facebook or YouTube at the usual times. Click on the icons at the bottom of the page.

My Story - Max Mulligan

23 Nov 2016

Max Mulligan was flying his plane above the clouds of Papua New Guinea when the engine exploded. With no power and no sight of the ground, he was in desperate need of help.


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Understanding Your Wedding’s Bride Explanation – Casio

Understanding Your Wedding’s Bride Explanation

The star of the wedding definition of the groom can be not always the actual groom wants to hear. Below are a few guidelines that could be applied to assist you in choosing your definition.

Marital relationship: The words, “we’re married”, show that the union has been caught between two people and it is valid for all legal needs. The wedding is among the many legal documents Victoriabrides Review [Updated 2020] ➤ Find Your New Top Dating Site in which the union is documented.

Romantic relationship: The word, “relationship”, describes a relationship between a couple and can be very broad or very specific. A romance is simply identified like a “relation”. One or two might have a good relationship with each other that expands beyond all their marriage.

Family: Here is the second meaning. In the United States, the phrase “family” means that members of the identical family happen to be related simply by blood or perhaps marriage and they are considered element of a single group.

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Academic Catalog

Foothill College Course Outline of Record

Foothill College Course Outline of Record
Heading Value
Units: 4
Hours: 4 lecture, 1 laboratory per week (60 total per quarter)
Advisory: This course is included in the Acting family of activity courses; not open to students with credit in DRAM 20A.
Degree & Credit Status: Degree-Applicable Credit Course
Foothill GE: Non-GE
Transferable: CSU/UC
Grade Type: Letter Grade (Request for Pass/No Pass)
Repeatability: Not Repeatable

Student Learning Outcomes

  • Upon completion of this course students will have develop the voice and body as an instrument of
  • Upon satisfactory completion of this course, through introduction to the practices of the theatre arts and developed ability to analyze text from multi-cultural sources and performance content for self-advancement, students will be able to employ basic foundational acting premises towards confident, embodied performance.

Introduction to the craft of acting, including theory and technique emphasizing body movement, voice production, articulation, characterization principles of motivation, scene analysis, cultural empathy through standard theatre games, exercises, monologues, scenes and the background research thereof.

Course Objectives

The student will be able to:
A. Practice and employ fundamental steps in developing vocal and bodily control for dramatic communication.
B. Employ skills of imagination, observation and concentration, as they apply to characterization and dramatic action.
C. Analyze dramatic text for motivation, characterization and dramatic action.
D. Apply basic principles of stage composition and visualization while performing in ensemble acting situations.
E. Construct and integrate a system of theatrical discipline appropriate to the actor.
F. Recognize a variety of dramatic literature for performance, drawn from a broad range of multi-ethnic/multi-cultural sources.
G. Analyze dramatic text for societal placement, relevance and commentary.

Course Content

A. Develop voice and speech acumen.
1. Audibility and intelligibility
2. Characterization through speech
3. Emphasis, tempo, vocal dynamics
4. Principles of memorization
B. Enhance body expression capability.
1. Relaxation
2. Flexibility and freedom of motion
3. Characterization through movement
4. Connotative effects of specific bodily action and gesture
C. Engaging specific, industry-appropriate acting techniques in assessing dramatic texts as a means of developing self as a communication vessel.
1. Imagination
2. Observation
3. Concentration
4. Sensory awareness and recall
5. Emotional awareness and recall
6. Incorporate principles of characterization and motivation through active application of human behavioral premises
D. Unify and practically apply multiple premises of of time, space, materials and content as they apply to the multi-layered collaborative art of performance.
E. Employ stage blocking and movement principles and terminology.
F. Employ a broad range of dramatic literature drawn from the great classic works and the best of contemporary drama, including culturally diverse literature, for performance.
G. Apply background elements of research and creative speculation as they would apply to interpreting dramatic text with "the world" in which the work was derived.

Lab Content

A. Cooperative rehearsal of class assignments and projects.
B. Individual and partner exploration and self-analysis of concepts and exercises introduced in class.

Special Facilities and/or Equipment

A. Clothing suitable for rehearsal work.
B. A flexible, open-space classroom.
C. Rehearsal furniture and props.
D. Video recording and playback equipment.
E. Tutorial support for student scene work.

Method(s) of Evaluation

A. Evaluation of student performances, including scenes, improvisations and acting projects.
B. Demonstration of theory and techniques acquired, depth of dramatic characterization, consistency of vocal and bodily execution through prepared performance.
C. Assessed development of accepted standards of theatre discipline.
D. Required written assignments, specifically demonstration by the student of involvement in the course material through written critiques by the student of projects and assignments, followed by the instructor's evaluation of both the project and the critique.

Method(s) of Instruction

A. Lecture: presentation of theory and foundational premises
B. Discussion: assessment and analysis of theory and practice discoveries
C. Cooperative learning exercises: scene and partner performance projects
D. Oral presentations: solo performance exercises
E. Laboratory: rehearsal and preparation
F. Demonstration: peer and instructor modelling and self-assessment through performance presentations
G. Field trips: observation and analysis of performance presentation
H. Through structured lecture, teacher demonstration and guided instruction in solo and ensemble playing situations, students are introduced to the core theory and techniques of modern acting
I. Students will actively, practically develop an enhancement of a personally-developed acting process through exposure to a minimum of four of the listed primary outline topics

Representative Text(s) and Other Materials

Play texts to be selected by the instructor on a quarterly basis, drawn from the best contemporary and classic works.

Hagen, Uta. Respect for Acting. Wiley Publishing, 2008.

O'Neill, Rosary. The Actor's Checklist. Cengage Advantage Books, 2013.

Although these texts are older than the suggested "5 years or newer" standard, they remain seminal texts in this area of study.

Types and/or Examples of Required Reading, Writing, and Outside of Class Assignments

A. Read assigned individual and/or class scripts.

B. Write personal reflection journal.

C. Write live performance critique.

D. Assigned text readings for content, analysis and application.

Theater Arts


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University of Maine at Farmington 2020-2021 Catalog

The University
Academic Organization, Faculty Listing
Academic Programs
Admission, Costs, Financial Aid
Academic Policies
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Disability Services
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The University of Maine at Farmington is committed to providing both access and accommodations to students with disabilities. We provide academic and support services necessary to ensure that students with disabilities have both the physical and programmatic access they need to enjoy a full campus life. Individuals have the right, and the responsibility, to decide whether they want to take advantage of the services available to them.

Any UMF student with a physical, hearing, visual, medical, emotional, or learning disability is eligible for services. When a disability is not otherwise apparent, documentation may be required. Documentation should be current and include a description of the disability, disability-related needs, and specific recommendations for services. This information is confidential, is not part of the student's permanent record, and will be released only upon express written request of the individual.

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Reference numberMS/426/614
Alternative reference numberMS/426 p138
TitleCopy letter from H E [William Hallowes] Miller, Foreign Secretary of the Royal Society; to the Secretary of the Societe de Sciences des Indes Neerlandaises [Society of Sciences of the Dutch Indies]
Date27 November 1857
DescriptionReplies with a list as to the volumes of the Memoirs of Societe de Sciences des Indes Neerlandaises that are currently in the possession of the Royal Society. These stretch from 1853 to 1857.
Access statusOpen
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Friday, September 28, 2012

Switzerland : agricultural policy reform passed

Last week I commented the up-coming agricultural reform in Switzerland, see On Wednesday, the reform was accepted by the parliament. There will not be any subsidy per animal anymore, but the subsidy will be area based. Expected impact of this policy change is to reduce the over production of milk and meat.

 Tagesschau  vom 26.09.2012

Clearly the farmers who have invested in modern livestock farm and who need to pay back their credit will be the looser, the low-input farmers the winners.
As a compromise, the parliament increase money that is made available to the agricultural sector. The amount of subsidy stays the same. The additional money should be made available in form of credits to allow farmers to transit in the new system. I wonder if this will really help the farmer who already has taken up a lot of credit and who is stuck in an industrialized agriculture...
Switzerland now has definitely a more sustainability oriented agricultural policy, that still provides the highest support to farmers in Europe. I am curious to see how the Swiss agricultural sector will adjust!
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Sunday, September 23, 2012

What went wrong with the Swiss agricultural policy?

Last week has been a hot week in the Swiss parliament. The agricultural policy revision was on the agenda.
There is no doubt, the agricultural sector Europe wide has been liberalized despite of the still very high level of subsidies (in Switzerland more then 60% of the farmer's income comes through subsidies) Milk quotas have been abolished, barriers to trade are continuously decreased. What is the effect of this market liberalization? Farmers faced low prices and therefore started to produce more pushing prices even lower. Today Switzerland produces more milk and sugar beets then ever.
On the top of this, Swiss agricultural policies are still based the idea of industrialization of agriculture (a policy that emerged after World War II to insure food security) and gives incentives to farmers to produce even more.
Today's debate is about making agricultural policies that do not support industrialization anymore and that focus on much more sustainable production. The total amount paid to the agricultural sector should remain at the same level, but the distribution of the money will become different. The subsidy per animal for example should be abolished.

In principle a low input agriculture would allow to produce high quality food for the Swiss and European market. This type of agriculture would be much more sustainable.

ECO vom 17.09.2012
The farmer in this movie explains how he organized his low input system. He makes use of nature and his animals to reduce mechanization. His cows are grazing on the meadow. Compared to an intensive system, he does not need to carry the grass to the farm nor to bring the manure back saving on fuel for the tractor and reducing the CO2 emission. Thanks to grazing land management, he has the right amount and quality of grass when needed, and his cows produce about 30 liters of milk per day which within the average without using soya (that is one of the major reason for deforestation) or other fodder than produced on his farm.
He also has a small amount of pigs he feeds with input produced on his farm at zero cost. The stable is organized in such a way that animal warmth stays within and no electricity for heating is possible. Again saving money and improve sustainability.
When the new policy comes, he will be a winner, with his low input system, he will get more subsidies for his environmentally friendly production.

All in whole, the new policy setting incentives for more a more sustainable agriculture. It sets the incentive for a more traditional (opposed to industrialized production) which corresponds to what society wants. Less production will also restore normal prices allowing all farmers to benefit.

So why all these discussions for something that looks so optimal and urgent? Many "model farmers" who were praised years ago as innovative because they invested into a modern and industrialized agriculture are going to loose. They have invested in more machine, bigger stables and are today trapped. They need to pay back the credits that enabled them to mechanize and industrialize their production. It is understandable that those farmers that have followed the policies and strategy of the government now stand up and refuse to loose. Therefore, the change towards low input agriculture should be slow, allowing to farmers to adjust.

This movie is an interesting interview with the the president of the Swiss farmer organization, debating if the new policy will increase or decrease the farmers' income. For sure is only that the new subsidy scheme will change the distribution, and there will be losers and winners.

Next week the debate will continue in the parliament. It's going to be a hot week in Bern !

Monday, September 17, 2012

Human made nature? The story of Rieselfelder nature conservation area

During the Geostat meeting (, an excursion to the Rieselfelder area a meadow bird conservation area near Muenster was organized. It is one of these areas where human have accidentally shaped a landscape that turned out to conserve nature. A nice example of how unexpected rural areas developments shape the current European rural landscape.
The major and regulation pond
Rieselfelder used to be shaped by sewage farming. Beginning of the century, the waste water of Muenster were directed to Rieselfelder, where the waste water was used to fertilize the land. As the city of Muenster grew, more and more waste water was directed to the area and farming became impossible in the middle of the century. Only in the late seventies the city of Muenster put an waste water plant into operation. In the meantime, waste water continued flowing into the abandoned Rieselfelder area. The waste water laid there and create small ponds full of mud and prevented tree and shrubs to grow. The openness of the landscape and also the nutritious mud attracted many meadow birds who found there the peace for breeding and abundant food, in a time where these types of landscape disappeared from the European map.
A smaller pond
Today, after several attempt to transform the Rieselfelder area into an industrial zone, it finally became a nature conservation area under the European bird directive. It is formed of several ponds with rids where meadow bird find the safety and silence to breed. The recycled water from the waste water plant flows into the biggest pond, that also serves as a reservoir. During the summer, the water from the reservoir is used to fill the other small ponds making sure that the area stays wet enough. The decreasing level of water in the reservoir during this period results in a bigger muddy zones, which insures that the meadow bird find sufficient food during the breeding time.
The regulation point of the major pond/reservoir
The whole area has also been well planned for recreation and attracts the city dwellers who less than 10 km from the town center find a place to relax, without disturbing the breeding meadow birds. Also the biological field station offers children program so that every child regardless of her/his background can discover nature. The biological field station also maintains the area with some employees and many volunteers and collect data about meadow birds.

It is an interesting story showing that the lack of urban planning has created an environment that on other location has disappeared and has become today one of the crucial nodes in Europe for migrating birds : a multifunctional landscape worth a visit and some thoughts about the human nature interaction.
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Tuesday, September 11, 2012

Is there such a thing as a free lunch? a reflection on open source GIS

An ArcGIS software license cost about 1400$ per year per computer. Despite of its high cost, it is the most used software for mapping and geo-data analysis. In developing countries, this is an unbearable cost and most GIS specialists work with pirated software. It is a matter of time until ESRI (the company that distributes the ArcGIS software) will start suing organization lacking legal in licenses even in developing countries (something that already happens in the developed world).
Open source software offer a free alternative to the ESRI products ( Open source software is software which code is freely available and therefore any modification of the code has to be shared freely. User and developer communities work together in developing the software thanks to forums, wiki and meetings. In short, it is nonprofit software.
Last week I joint the Geostat 2012 in Muenster, Germany ( It is the European summer school (All classes have been recorded and can be streamed on the geostat website) followed by the meeting of the developers for open source GIS. It was for me the occasion to familiarize myself with the latest development in open source GIS (not yet released code), in spatial analysis, but also to familiarize myself with the existing open source GIS software (the stable version) and make up my mind about their usefulness in a developing world context, where users often have only very little GIS background.

participants testing out some R code

During the week I discovered how to use R (the open source version of Matlab, a statistical program) as GIS, Grass and Saga (both open source GIS). R is a relatively low level programing language, which needs initial investment to learn the coding language. Its spatial base package (SP developed by trainers of the summer school) and a whole other range of spatial package offer an amazing range of option to analyses spatial data. Visualization of data is feasible but reminds far behind the easy and good looking options given by ESRI. Also after one afternoon of programing with some R freaks, we did not manage to read and overlay two of my own maps L (mainly because projections and extend have to match). The most recent code development allow to link R with google earth for visualization, including the spatio-temporal visualizations. Other code recently developed or in development allow for spatio-temporal data analysis and data dissagragation (downscaling).

Grass is an open source software that has been initially developed for linux, but it is made compatible to all other operating systems and even got a relatively nice graphical user interface (GUI). It stays that the most efficient way to work with this software is to use the command window like with R. Unfortunately the nice options, such as easy copy paste, the automatic protocoling of work done, and the function history which allows to recall all the commands ever applied on a dataset are features that only work in the linux version, leaving the Microsoft user in a much less efficient environment. Also the graphical representation of data, the ease to change legends, colors and titles is relatively clumsy. Nonetheless, Grass comes with a set of amazing feature that the ArcGIS software will only offers years from now and probably at high costs. Among others Grass includes a new algorithm to compute water flow and therefore delineate basin without using the tradition “fill sink” opens, amazing 3D visualizations (available on Arc for an additional 3800 $ license), an up-coming spatio-temporal analysis tool (I have never worked this this type of data, I don’t really know what Arc offers, but I guess the base license will never allow manage spatio-temporal data so efficiently), terrain analysis tool and for the upcoming Grass 7 (to be released probably in about a year) will come with a tool that allows to compare two maps by swiping over it (an amazing visualization tool that will allow to show stakeholders in an easy way different spatial alternatives.)

Similarly SAGA GIS offers a whole range of tools, 3D visualizations and terrain(working with point clouds) that are incomparable to what Arc offers. Saga runs directly without installation from any external storage devise. The GUI is smartly organized and once the logics of it is well understood, allows to perform manipulations efficiently. But here again the layout options are very limited and it is difficult to come up with maps that looks as good as those easily produced in ArcGIS.
Both Grass and Saga can be linked to R, allowing to combine the statistical power of R with GIS tools and algorithm developed by the open source GIS software.
A SAGA 3D visualization of Innsbruck

In the developing world, the first objective is to train people to make simple geo-data analysis, to represent graphically geodata without great theoretical background. The open source options I have discovered last week require users that understand geographical data very well (no projections on the fly like in Arc), the layout options for producing good looking maps are limited, and often the GUIs are not as user friendly that the one from ArcGIS. None of the program I have seen really convinced me as an alternative of Arc GIS for stakeholders in the developing world. Other open source software exist that might mimic the Arc GIS option in terms of visualization, such as MapWindow or Qgis. It might be worth to look into these options.
The open source options nonetheless have convinced me as a scientist. Today, I combine stata, excel and ArcGIS, copy manually values, run simulation almost manually. If I make a mistake somewhere, it takes days to rerun. In principle all could be programmed with one R code that calls for data and routines with it owns suite of packages but also those from the open source software. It would decrease source of errors and allow to rerun code quickly in case of mistake. Also open source comes with a community of developer that support user and love to take up the challenges brought up by users. Therefore, features and tools might be up-coming faster than with ESRI.
Tom and Gerard, two lecturers (and organizers) from Wageningen University

Definitely, there is no such a thing as a free lunch. Open source GIS comes with amazing computational options and GIS analysis for free, with an amazing community of support full of very nice people. But it comes with relatively high cost. It is a relatively steep learning curve for reaching a decent level of programming language. It needs a lot of patience to adjust the settings of one’s computer to make the software run, especially for Microsoft users who need to learn how to trick their system, and accept that some fancy stuff is simply not possible, because one cannot change the Microsoft code. It is definitely not what a stakeholder who wants to produce some simple map in the developing world is looking for. I guess one needs to hide a little nerd in one’s heart to take up the open source challenge …
one of the social evenings with beers and sausages
Finally, I had a very good week. Not only did I learn about recent developments in open source GIS, but also that computer programmer are not autistic nerds with no social life. On the contrary, I met amazingly interesting, sociable and funny people. I would like to thank the organizer for the very smooth organization, for the trainers for sharing their passion and all the participants for the support and patience when my R was again sending an error message and for all the nice social evenings…


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Jess Franco’s DRACULA, PRISONER OF FRANKENSTEIN arrives on Blu-ray from Colosseo Film 30th June.

Doctor Jonathan Seward [Alberto Dalbés] runs the Halic Sewardis Klinik (Seward Sanitarium) while doing a little vampire hunting on the side. When he examines the body of a girl who has recently died, he notices the two tell tale puncture wounds on her neck.Drácula [Howard Vernon] is on the prowl again.


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Get Together with Technology (GTT)

Sponsored by the Canadian Council of the Blind (CCB)

GTT is an exciting initiative of the Canadian Council of the Blind, founded in Ottawa in 2011 by Kim Kilpatrick and Ellen Goodman.  GTT aims to help people who are blind or have low vision in their exploration of low vision and blindness related access technology.  Through involvement with GTT participants can learn from and discuss assistive technology with others walking the same path of discovery.

GTT is made up of blindness related assistive technology users, and those who have an interest in using assistive technology designed to help blind and vision impaired people level the playing field.  GTT groups interact through social media, and periodically meet in-person or by teleconference to share their passions for assistive technology and to learn what others can offer from their individual perspectives.

Show Notes:

April 8, 2020

Theme: Accesibuild Indoor Navigation App

Presenters: Jeff Godfrey, app developer,  can be reach through Accesibuild web site.

Brian Bibeault, beta tester

In this regular CCB-GTT national conference call, the presenters demonstrate this new iOS and soon to be Android free indoor navigation app. The app helps anyone including blind and low vision people find points of interest in a building based on a digitized 3D map created by the app developer that is downloaded to the user’s smartphone. The building owner pays for the map development while the app is free for the user.

For more information please contact your GTT Coordinators:

Albert Ruel                   or                       Kim Kilpatrick

1-877-304-0968,550                               1-877-304-0968,513

CCB Backgrounder:

The CCB was founded in 1944 by a coalition of blind war veterans, schools of the blind and local chapters to create a national self-governing organization. The CCB was incorporated by Letters Patent on May 10, 1950 and is a registered charity under the provisions of the Income Tax Act (Canada).

The purpose of the CCB is to give people with vision loss a distinctive and unique perspective before governments.  CCB deals with the ongoing effects of vision loss by encouraging active living and rehabilitation through peer support and social and recreational activities.

CCB promotes measures to conserve sight, create a close relationship with the sighted community and provide employment opportunities.

The CCB recognizes that vision loss has no boundaries with respect to gender, income, ethnicity, culture, other disabilities or age.

The CCB understands in many instances vision loss is preventable and sometimes is symptomatic of other health issues.  For the 21st century, the CCB is committed to an integrated proactive health approach for early detection to improve the quality of life for all Canadians.

As the largest membership organization of the blind and partially sighted in Canada the CCB is the "Voice of the Blind™".

CCB National Office

100-20 James Street Ottawa ON  K2P 0T6

Toll Free: 1-877-304-0968 Email: URL:

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Maggie Beer

Entrée s in Fish and Shellfish with Parsley

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  • Ingredient: Parsley Clear

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Archangel Gabriel Message Archive

« 2010 »
Datesort iconTitleViews
29 December, 2010Resolution for 2011 – Remember to Honor DIVINE TIMING4873
20 December, 2010Receiving the Gifts of this Holy Season2386
6 December, 2010Receiving the 12:12 Activation7398
24 November, 2010During This Intense, Bumpy Time, Remember: Call in Support from the Archangels!5243
30 October, 2010Releasing the Weightiness of your Physical World3323
12 October, 2010Your Core of Love2676
26 September, 2010Your Higher Mission 5093
26 September, 2010It’s Safe to Let Your Light Shine!3720
12 September, 2010The Blessings of Creative Chaos3813
23 August, 2010Sirian Protection, Unity & Neutrality509
21 August, 2010Fourth Dimension; Divinity; Healing & More on the 13 Vortex/DNA Strand1862
21 August, 2010More on 4th Dimension and Density From Gabriel882
16 August, 2010The Eye of your Personal Hurricane3380
8 August, 201013th Vortex & Lions Gate Activation1500
2 August, 2010The Exponential Power of your Choices2932
2 August, 2010Conscious Choosing, Detachment & Solar Plexus Transformation771
22 July, 2010Light, Ego De-Identification, Other Lifetimes & Ongoing Eclipse Energies562
15 July, 2010Living in Oneness2488
14 July, 2010Gabriel’s Message to X-Radio Listeners 7/14/103327
24 June, 2010The Angel of Freedom Awaits your Invitation3712
19 June, 2010Summer Solstice Message6529
6 June, 2010Flowing Energy toward your Optimum Future2761
23 May, 2010Beacon of Light3191
8 May, 2010Sacred Union2773
27 April, 2010A Daily Practice of Devotion2311
14 April, 2010The Light of Transmutation3283
30 March, 2010The Power of a Sacred Space2420
17 March, 2010Equinox Message from Archangel Gabriel10324
11 March, 2010The Presence of Archangels4113
25 February, 2010The Significance of Life4261


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June 4 – Colors and Letters – Mauve

Here is my entry for City Sonnet’s, June Colors and Letters Challenge with the topic of Mauve.

I’ve gathered a list of challenges and their hosts.  So if you know a challenge host, please direct them to my blog.  Feel free to contact me anytime.  I hope everyone will be able to use my lists.

Qi (energy) hugs

10 replies »

  1. That first photo is particularly lovely. You’ve made mauve attractive. As a word it always depresses the life out of me, reminding me of depressed old ladies and smelling salts.;)

My blog is my way of communication these days, comments are greatly appreciated. Thanks for stopping by to visit.

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Paul Wahlberg Net Worth (2018). Wife, Age, Height

Paul Wahlberg and his Net Worth, Wife, Age, Height

Paul Wahlberg born on 20th March 1964 to Donald Wahlberg, a delivery driver and a war veteran and Alma McPeck who served as a clerk. He is an American actor, chef, and a reality television star. Donald Wahlberg and Alma McPeck got divorced in 1982 but their family is extremely well-knit, and they are the proud owners of ‘Wahlburgers,’ a casual dining burger restaurant and bar. Let’s find out about Paul Wahlberg’s Net Worth in 2018. Also, find out about his wife.

This chain of Wahlburgers has total 26 restaurants which serve majorly fast food of various cuisines from all over the world and is also a casual dining place for people to unwind and enjoy. It also serves some exquisite cuisines and the main branch of this chain is located in Boston, but it is immensely popular all over New York and can also consider outside the United States.

Who is Paul Wahlberg? His Career Details

During his high school, Paul used to work as a caterer, and he started to run his own catering business which fared well. Later on, he trained himself professionally in culinary and started to work as a chef delivering food and preparing various menus for both big scale and small scale restaurants in and around Boston. He also delivered food to different film sets when Mark Wahlberg noticed him and hired him as a caterer for two of his movies. From there his journey started, and gradually he began delivering food to many other popular film sets which made him famous.

Chef Paul Wahlberg

His siblings, Mark Wahlberg and Donnie Wahlberg, helped him to open his own restaurant and it was the first ‘Wahlburger’ restaurant among the chain of 26 restaurants present now. It was inaugurated in Hingham, MA, where there was already another restaurant set up beforehand which was operated by Paul. The second Wahlburger was inaugurated in Toronto, Canada in November 2014 when the brothers decided to take their chain of restaurants across international borders. On achieving success, the brothers decided to open several other restaurants and planned on opening at least 7 of them within the New York City itself.

On 22nd January 2014, the A&E Network premiered the show named ‘Wahlburgers’ which was a reality TV Show, and it gave the audience glimpses of all behind the scenes of Wahlburgers restaurants. This show starred Donnie and Mark Wahlberg and was mainly headed by Chef Paul Wahlberg. The show aired by the name ‘Wahlburgers’ and it received moderate ratings and reviews from the critics, however, the audience gave a huge amount of love to the Wahlberg, and this show ran for seven seasons comfortably. The last and the eight season was premiered in 2017.

Before we tell you about Paul Wahlberg’s Wife and married life, first let me tell you about his Net worth.

Paul Wahlberg Net Worth is $1.5 Million.

Paul is the head chef of Wahlburgers restaurant along with actor brothers Donnie Wahlberg and Mark Wahlberg. With a massive net worth of USD 1.5 million, he featured in various media platforms and culinary shows. Before setting up Wahlburgers, the brothers were the owner of ‘Alma Nove’ which reflected the love of all the brothers for their mother. Derived from Alma McPeck’s name, this restaurant was set up in Boston but it failed to garner profit and popularity.

Paul Wahlberg’s Net Worth is $1.5 Million.

Donnie, Mark and Paul Wahlberg along with other siblings, appear on a famous American television show named the ‘Wahlburgers’ who features on A&E network showing what happens behind the curtains of Wahlburgers. This show is immensely popular among the audience, and it had a run of super successful series one after the other. Other than being the head chef of Wahlburger, Paul Wahlberg was also found acting in some films such as, ‘The Happening’ and ‘Max Payne.’ With brown hair and brown eyes, he is a pretty popular face of both television and films.

That’s all about Paul Wahlberg’s Net Worth, now let me tell you about his wife and Kids.

Paul Wahlberg is Married to Wife with 2 Children: Madison Wahlberg and Ethan Wahlberg.

Paul Wahlberg is an incredibly famous chef and reality television star, but he is private and confidential when it comes to his wife, married life, and personal life. This 54-year-old aged star, Paul Wahlberg is married and has two children named- Madison Wahlberg and Ethan Wahlberg. He always preferred to keep his personal life away from the limelight and never appeared in public with any other woman or had not ever openly admitted to date anyone else. Rumors also fizzled out about his personal life real soon because of his discipline in maintaining secrecy regarding his personal affairs.

As far as Paul Wahlberg’s wife is concerned, he puts on his “None of your business” face.

He is extremely fond of his children and is often heard in the interviews declaring how he never wants to pressurize his Madison and Ethan regarding their professional career choices. He leaves it up to them on whether they want to pursue culinarily and become a chef like their father or take up acting and pursue their careers as an actor following their uncles’ footsteps.

Paul Wahlberg , his wife

His family is extremely supportive of him and during the demise of his sister Debbie Wahlberg in the year 2003, he could not accept the loss and was fighting depression. It was during this time, his family held him close and supported him to battle the deadly disease and survive as a warrior. With their love and care, he managed to come out of that troubled phase in his life, and he is forever indebted to them for that.

Now you know about Paul Wahlberg’s Wife and Kids.

Wiki-bio, Age, Height.

Donald Wahlberg had nine children from two of his marriages, and after his demise in 2008, the unity of the Wahlberg increased fourfold. Paul had imbibed his family values right from being a kid as he grew up in a massive family with multiple siblings. Growing up in Dorchester, Boston, Massachusetts, United States, along with eleven other siblings, Paul Wahlberg used to help out his mother to do the dishes in the kitchen right from childhood, and this is how he developed the ‘knack’ of cooking.

At age 12, he fell in love with a dish of Eggplant parmesan sandwich at his friend’s place and his cooking was also inspired from all the Sunday suppers he prepared at home for friends and family. He always experimented with food and cooked novel dishes which impressed Alma McPeck a lot, and it is on her advice he decided to take up cooking seriously in future and become a chef.

Birth Name Paul Wahlberg
Age 54 years (born on March 20, 1964)
Born In Dorchester, Boston, Massachusetts, U.S.
Height 1.57 Meters
Net Worth $1.5 Million.
Wife Unknown

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