Seacoast (not our sponsor) CALMLY hands a smack down to a bogus noise lawsuit.

[KingCast 650R]

Okay so they are not a sponsor, my bad.

The underlying issue does pertain to general motorcycling issues and that is the topic of this forum.

Basically CALM went forum shopping to take advantage of a more stringent Federal Statute but didn't have the consent to remove the case to Federal Court from the Town, even though they (mis)represented that they did.....

That's a no-no so they took a smack down.

http://www.wepapers.com/Papers/13978..._noise_lawsuit.

NH CALM filed its notice of removal three days before the date by which it was obligated to demonstrate joinder or consent by the Town. But, notwithstanding its acknowledgment of the "Unanimity Rule" in its notice of removal, see doc. no. 1 ¶ 2, NH CALM said nothing about how it had satisfied, had attempted to satisfy, or intended to try to satisfy that rule. The notice indicated that NH CALM was serving it on the Town, but NH CALM did not indicate that it intended to seek the Town's consent to removal. Moreover, when it objected to Seacoast's motion to remand, NH CALM did not describe any steps it had taken to secure the Town's consent; it acknowledged that the Town had not consented to removal; and it demonstrated a significant misapprehension of the burden of proof, pointing out the legally [*11] meaningless fact that Seacoast had not affirmatively documented the Town's lack of consent.

Given that the unanimity requirement, the burden of proving compliance with it, and the deadline for doing so are all well established, NH CALM's legal stance, steadfastly maintained after the deadline for demonstrating joinder or consent had passed, was patently unreasonable. Because Seacoast was forced to litigate to preserve its choice of forum against a position that was not just incorrect, but had no objective basis, either legally or factually, Seacoast is entitled to the costs and attorney's fees it reasonably incurred in securing a remand.

Good one guys see you next week for those Q2s!

[Wanderer]

[Rossco]

Drink

[Jaynnus]

[ChrisNoF4i]

Say what you will about Ben Affleck, but of all the movies made in the past few years Gone Baby Gone and The Town are right up there at the top. I'm not saying he's the next Scorcese, but the guy definitely knows what he is doing on EITHER side of the camera.

The Town is something of an anomaly: a strong, smart, successful little movie that appeased both the critics and the public. Still, when the film began cropping up on the precursor awards circuit and began to be bandied about as yet another serious contender for the Best Picture race, The Town begat a small backlash. Critics wondered if such a film – with gorgeously choreographed heist sequences, taut action, and a decidedly hard-scrabble milieu – really deserved to be considered as an “Oscar movie” and effectively killed the film’s chances in the major categories. Perhaps unfairly.

There are many positive elements to be pointed out in Affleck’s second directorial endeavor, following his popular debut Gone Baby Gone (which propelled Amy Ryan into the Supporting Actress Oscar race back in 2007). First and foremost, one must dutifully consider the power of Affleck’s commitment to the material and his steady execution of this vision. I would go so far as to say The Town is not only the hyphenate’s best work as a director and a writer, but also his finest moment as an actor. Blending into the Boston surroundings effortlessly, it is obvious that Affleck feels perfectly at ease within these borders. He knows this city, he knows these people, and his treatment of these subjects never patronizes or caricatures as the other two films about blue-collar Massachusetts released in 2010 —Conviction and The Fighter—often threaten to. Where The Town succeeds is in showing a modern-day class struggle in a place where hope is cheap and success is both coveted and elusive.

Leading an all-around excellent cast through their dramatic paces, Affleck scores another success. Jeremy Renner, coming off the white hot success of last year’s Oscar champion The Hurt Locker, for which he was nominated for Best Actor, was the only cast member from The Town to snag an individual Oscar nomination this year, as Best Supporting Actor, for playing James Coughlan, a nasty, plotting career criminal who is one part white trash Iago and one part Ratso Rizzo. As the torn, heroic golden boy soldier in Kathryn Bigelow’s Iraq-set drama, Renner soared, and in Affleck’s film, he truly stretches his legs as an actor and proves that his success last year was no fluke. Oscar-winner Chris Cooper (Adaptation), Jon Hamm (Mad Men), Blake Lively (Gossip Girl), and the recently-departed Pete Postlethwaite (Oscar-nominated in 1993 for James Sheridan’s In the Name of the Father) all add a touch of class to their key roles, Lively in particular deliciously shreds up the screen as a braying, plotting, distaff cinematic cousin of Ryan’s Gone Baby Gone heavily-accented bad mother.

The single misstep in the solid cast is unfortunately made by Rebecca Hall, who has been hit or miss since Woody Allen’s 2008 romp Vicky Cristina Barcelona. Hall does the best she can in a dreadfully-underwritten role that basically amounts to her being “the girl”. While the actress was given a much better opportunity last year to showcase her low-key talents in Nicole Holofcener’s Please Give, one can’t help wondering what she might have been able to achieve had her character been more thoughtfully conceived by the original novel’s author Chuck Hogan or by Affleck himself. Hall’s Claire is a local bank teller who happens to be in the wrong place at the wrong time when Affleck’s crew of Robin Hood-esque thieves come calling, who is kidnapped as security for the robbers’ clean getaway. Blind-folded and left on the edge of the sea alone, Claire is clearly traumatized by her experience.

Things become complicated when Affleck’s Doug seeks her out to determine whether or not she can identify anyone involved with the crime, and he begins to both woo her and stalk her. There is something very creepy about this part of the story, which finds a victimized woman falling in love with the man who is responsible for hurting her in the first place, but when the two characters embark on a relationship, and they wind up in bed with one another, Affleck makes a terrible choice to link Claire’s sexual gratification with flashbacks of being blind-folded and left on the beach by her captors, as though she is getting off on the danger and the trauma. It just feels gross.

Despite that one clunky misstep, The Town is a shot of adrenaline to the arm, propulsive, slick, and quick. Grossing near one hundred million dollars at the box office, the film has obviously won the endorsement of the movie-going public, as well as from most critics, but is this a film that should have been given more serious consideration for the year-end awards that it was being so aggressively pushed for? While the answer is no – and that is not meant to diminish what is so great about the popular, entertaining film—The Town, while not the Oscar bait it was being positioned as, still remains an iron-clad testament to the surprising versatility of Affleck, who is charismatic and competent, and who does a bang-up job in laying out his vision.

I, for one, can't wait for the next Affleck production.

[Jaynnus]

speaking of movies...I watched Lean on Me last night.

I Morgan Freeman.

[Jaynnus]

If something is the best thing since sliced bread. What did they used to say before there was sliced bread?

[KawiSmurf]

Say what you will about Ben Affleck, but of all the movies made in the past few years Gone Baby Gone and The Town are right up there at the top. I'm not saying he's the next Scorcese, but the guy definitely knows what he is doing on EITHER side of the camera.

He was da bomb in Phantoms, yo.

[KawiSmurf]

If something is the best thing since sliced bread. What did they used to say before there was sliced bread?

I'd like to think there never existed such a time.

[Jaynnus]

He dropped the bomb in JLo too!

[idratherberidin]

2 peanuts were walking down the street..........one was assaulted.

[ninjachica250]

I still like blueberry waffles

[KawiSmurf]

I'm still waiting on a definitive answer as to why synthetic oil is better.

[kazspeed]

[G21forme]

YouTube - I don't know what the fuck you just said little kid

[R1]

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8F190 Safari/6533.18.5)

If something is the best thing since sliced bread. What did they used to say before there was sliced bread?

This is the greatest thing since the invention of the personal cutting utensil that allows us to cut a single piece of bread.

Mind you this is before the "pre-sliced and packaged" days.

[Awesome]

http://www.nestreetriders.com/forum/...=ignore&u=4737

[KillBill]

Dear Scissors,
I feel your pain.....no one wants to run with me either.
Sincerely, Sarah Palin

[obsolete]

http://www.nestreetriders.com/forum/...=ignore&u=4737

What good is that? Then no one can whine even when he posts something relevant.

[obsolete]

Dear Scissors,
I feel your pain.....no one wants to run with me either.
Sincerely, Sarah Palin

What's the difference between her mouth and her vagina?


Not everything that comes out of her vagina is retarded.

[KillBill]

What's the difference between her mouth and her vagina?


Not everything that comes out of her vagina is retarded.

[KingCast 650R]

I still like blueberry waffles

Pecan waffles are better.

[kazspeed]

[KingCast 650R]

What good is that? Then no one can whine even when he posts something relevant.

I guess motorcycle noise ordinances involving a forum sponsor are irrelevant, then. And there are CERTAINLY no implications for the rest of us who ride or live in NH, No Sir......

Okay I get it.

This was just a test post to see how certain people would react and I've got my answer, thanks for proving me right.

[Rossco]

Pecan waffles are better.