Twenty-Three (in Off-topic)


GO PATS February 11 2007 7:31 PM EST

Michael Jordan has the Jersey #23.

Dr. Pepper has 23 flavors.

Baskin Robbins has 32 Flavors. Baskin Robbins, backwards, spells Snibbor Niksab... Coincidence?

Nov. 23, 1984... Boston College quarterback Doug Flutie throws a game-winning 48-yard Hail Mary pass to Gerard Phelan to defeat the University of Miami Hurricanes 47-45. It is one of the most famous plays in American college football history. Subtract the scores from each other and you get 2. Divide two by two and subtract that from the passes yardage divided by 2 and get 23.

And the most intriguing one of all...

Rule 23. Class Actions

(a) Prerequisites to a Class Action.

One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

(b) Class Actions Maintainable.

An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:

(1) the prosecution of separate actions by or against individual members of the class would create a risk of

(A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or

(B) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or

(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or

(3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in the management of a class action.

(c) Determining by Order Whether to Certify a Class Action; Appointing Class Counsel; Notice and Membership in Class; Judgment; Multiple Classes and Subclasses.

(1) (A) When a person sues or is sued as a representative of a class, the court must — at an early practicable time — determine by order whether to certify the action as a class action..

(B) An order certifying a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23(g).

(C) An order under Rule 23(c)(1) may be altered or amended before final judgment.

(2) (A) For any class certified under Rule 23(b)(1) or (2), the court may direct appropriate notice to the class.

(B) For any class certified under Rule 23(b)(3), the court must direct to class members the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice must concisely and clearly state in plain, easily understood language:

* the nature of the action,
* the definition of the class certified,
* the class claims, issues, or defenses,
* that a class member may enter an appearance through counsel if the member so desires,
* that the court will exclude from the class any member who requests exclusion, stating when and how members may elect to be excluded, and
* the binding effect of a class judgment on class members under Rule 23(c)(3).

(3) The judgment in an action maintained as a class action under subdivision (b)(1) or (b)(2), whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under subdivision (b)(3), whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in subdivision (c)(2) was directed, and who have not requested exclusion, and whom the court finds to be members of the class.

(4) When appropriate (A) an action may be brought or maintained as a class action with respect to particular issues, or (B) a class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied accordingly.

(d) Orders in Conduct of Actions.

In the conduct of actions to which this rule applies, the court may make appropriate orders: (1) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument; (2) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action; (3) imposing conditions on the representative parties or on intervenors; (4) requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly; (5) dealing with similar procedural matters. The orders may be combined with an order under Rule 16, and may be altered or amended as may be desirable from time to time.

(e) Settlement, Voluntary Dismissal, or Compromise.

(1) (A) The court must approve any settlement, voluntary dismissal, or compromise of the claims, issues, or defenses of a certified class.

(B) The court must direct notice in a reasonable manner to all class members who would be bound by a proposed settlement, voluntary dismissal, or compromise.

(C) The court may approve a settlement, voluntary dismissal, or compromise that would bind class members only after a hearing and on finding that the settlement, voluntary dismissal, or compromise is fair, reasonable, and adequate.

(2) The parties seeking approval of a settlement, voluntary dismissal, or compromise under Rule 23(e)(1) must file a statement identifying any agreement made in connection with the proposed settlement, voluntary dismissal, or compromise.

(3) In an action previously certified as a class action under Rule 23(b)(3), the court may refuse to approve a settlement unless it affords a new opportunity to request exclusion to individual class members who had an earlier opportunity to request exclusion but did not do so.

(4) (A) Any class member may object to a proposed settlement, voluntary dismissal, or compromise that requires court approval under Rule 23(e)(1)(A).

(B) An objection made under Rule 23(e)(4)(A) may be withdrawn only with the court's approval.

(f) Appeals.

A court of appeals may in its discretion permit an appeal from an order of a district court granting or denying class action certification under this rule if application is made to it within ten days after entry of the order. An appeal does not stay proceedings in the district court unless the district judge or the court of appeals so orders.

(g) Class Counsel.

(1) Appointing Class Counsel.

(A) Unless a statute provides otherwise, a court that certifies a class must appoint class counsel.

(B) An attorney appointed to serve as class counsel must fairly and adequately represent the interests of the class.

(C) In appointing class counsel, the court

(i) must consider:

* the work counsel has done in identifying or investigating potential claims in the action,
* counsel's experience in handling class actions, other complex litigation, and claims of the type asserted in the action,
* counsel's knowledge of the applicable law, and
* the resources counsel will commit to representing the class;

(ii) may consider any other matter pertinent to counsel's ability to fairly and adequately represent the interests of the class;

(iii) may direct potential class counsel to provide information on any subject pertinent to the appointment and to propose terms for attorney fees and nontaxable costs; and

(iv) may make further orders in connection with the appointment.

(2) Appointment Procedure.

(A) The court may designate interim counsel to act on behalf of the putative class before determining whether to certify the action as a class action.

(B) When there is one applicant for appointment as class counsel, the court may appoint that applicant only if the applicant is adequate under Rule 23(g)(1)(B) and (C). If more than one adequate applicant seeks appointment as class counsel, the court must appoint the applicant best able to represent the interests of the class.

(C) The order appointing class counsel may include provisions about the award of attorney fees or nontaxable costs under Rule 23(h).

(h) Attorney Fees Award.

In an action certified as a class action, the court may award reasonable attorney fees and nontaxable costs authorized by law or by agreement of the parties as follows:

(1) Motion for Award of Attorney Fees.

A claim for an award of attorney fees and nontaxable costs must be made by motion under Rule 54(d)(2), subject to the provisions of this subdivision, at a time set by the court. Notice of the motion must be served on all parties and, for motions by class counsel, directed to class members in a reasonable manner.

(2) Objections to Motion.

A class member, or a party from whom payment is sought, may object to the motion.

(3) Hearing and Findings.

The court may hold a hearing and must find the facts and state its conclusions of law on the motion under Rule 52(a).

(4) Reference to Special Master or Magistrate Judge.

The court may refer issues related to the amount of the award to a special master or to a magistrate judge as provided in Rule 54(d)(2)(D).

Add all the numbers up in that whole last message and you receive a number, that when divided by 23 most likely has decimal points, and I'm no good at math...

So... anyone else going to see that movie?

th00p February 11 2007 7:32 PM EST

Nope.

TheHatchetman February 11 2007 7:37 PM EST

Forty-Two?

DreadedTiger [4x20] (-x) February 11 2007 7:56 PM EST

PLEASE tell me you copy/pasted that :(

GO PATS February 11 2007 7:59 PM EST

I copied and pasted the class action bit, but the rest was all diligently researched and composed by me.

GO PATS February 11 2007 8:08 PM EST

Hmm... it seems that my whole theory has been smashed! Baskin Robbins only has 31 flavors, so Snibbor Niksab basically makes no sense now... I've decided not to see the movie now, because nothing seems to make sense to me anymore at all!

Nerevas February 11 2007 8:08 PM EST

Nov. 23, 1984... Boston College quarterback Doug Flutie throws a game-winning 48-yard Hail Mary pass to Gerard Phelan to defeat the University of Miami Hurricanes 47-45. It is one of the most famous plays in American college football history. Subtract the scores from each other and you get 2. Divide two by two and subtract that from the passes yardage divided by 2 and get 23.

So 47-45 = 2

2/2 = 1

48/2 = 24

24-1 = 23

Wow, that's definately something spooky and supernatural right there =)

Sir Leon [Soup Ream] February 11 2007 8:08 PM EST

It looks like a great movie!

I'm looking forward to seeing it because Jim Carry is swaying away from his typical comical self. It's going to be interesting to see how the more dramatic side of him.

Zoglog[T] [big bucks] February 11 2007 8:13 PM EST

So this film is basically going to be doing exactly what those idiots who try translating the Bible to real world events are doing?
Talk about making a huge deal about nothing, manipulating information by adding extra bits, removing bits or changing bits through symmetry or replacing one piece of the data into another etc. does not mean that those things mean anything, it means that someone has spent too long trying to make a conspiracy out of something normal.
Not that I think the Bible is actually anything normal or truthful ;P

Underage Drinking February 11 2007 10:37 PM EST

1. no offense to anyone

2. the bible is a story book, imo, and its exactly that my opinion

3. god is an imaginary friend for adults, there i said it, are you happy now?

Miandrital February 11 2007 10:42 PM EST

I am far more interested in the number 300.

QBOddBird February 11 2007 10:50 PM EST

dpc: simply throwing out the disclaimer 'no offense to anyone' doesn't mean someone hasn't the right to be offended when you say something like that. Just thought I'd let you know. =)

If you'd put 'In my opinion' first, however, I'd have overlooked it - but making statements like that as though they are fact is, plain and simple, retarded.


And I agree with you Zog - it is just people manipulating information around to create what appears to be a conspiracy. Not enough for a movie plot, IMO. I won't be watching it.

TheHatchetman February 11 2007 11:15 PM EST

"and its exactly that my opinion"

Though, i personally prefer not to speak of the matter, as i would not want anyone else to question their own beliefs :)

QBOddBird February 11 2007 11:19 PM EST

right - I suppose I should've considered that small 'imo' to cover both statements. I still feel like it is incredibly rude to say God is 'an imaginary friend for adults', but the IMO was there as requested =) so I retract my annoyance at your post.

Hi im Jake February 11 2007 11:27 PM EST

i think that the movie looks good like leon said because jim carry is not going from his old self

....but i also think that its a little bit of a stretch sp?

GO PATS February 11 2007 11:48 PM EST

Actually, anyone see "The Majestic" starring Jim Carrey? That was a pretty good movie and it wasn't a comedy role...

Underage Drinking February 12 2007 6:21 AM EST

geesh OB don't be a hypocrite, that big 'IMO' should of been up front, otherwise i would not have wasted my time reading what you typed. but there are always a few like yourself who have formed their own opinions, IMO :P

/fuel for fire

QBOddBird February 12 2007 6:51 AM EST

I was simply pointing out that saying 'no offense to anyone' doesn't mean someone won't be offended when you make childish remarks like 'god is an imaginary friend for adults' - and there was no IMO there because it wasn't an opinion. That rudeness was fact. =)

Underage Drinking February 12 2007 7:07 AM EST

i can clearly see you are not happy i said it, but i warned you

Xenko February 12 2007 8:00 AM EST

"I am far more interested in the number 300."

I agree Miandrital. I most definitely agree!

GO PATS February 12 2007 12:12 PM EST

I agree with OB... honestly the way that you said those statements in a "matter of fact" "Sorry, but you're ignorant" sort of way... I mean... I absolutely agree with your statements, but the way that you put them, it sounded offensive... Ever see "Talladega Nights?" If not, please watch it, all will be explained.

AdminQBnovice [Cult of the Valaraukar] February 12 2007 12:17 PM EST

I'm sure a benevolent, all loving, all caring, omniscient creator would be be equally offended, and would want his followers to spend lots of time talking about it.

DreadedTiger [4x20] (-x) February 12 2007 1:18 PM EST

HOW did this become a flame thread about religion..?

Zoglog[T] [big bucks] February 12 2007 1:22 PM EST

By me comparing the idea of this film to the people who relate incidents in The Bible to real world events, a few people kind of went off on a tangent after that.

Admindudemus [jabberwocky] February 12 2007 1:26 PM EST

wow! when i noticed this thread it had exactly 23 replies...cue twilight zone theme song.

QBBast [Hidden Agenda] February 12 2007 1:46 PM EST

Dude, now you've ruined it for the rest of us!

Slashundhack [We Forge Our Own Stuff] February 12 2007 2:10 PM EST

I Liked the religion bashing more ,more !

GO PATS February 12 2007 2:19 PM EST

You know who I hate? Buddists... Anyone who refuses to kill ticks and cockroaches need to be beaten with a flail about the head, neck, face, and chest.

I mean... I'm Wicca... and I still smash and burn those little parasites... Ticks, I mean... not Buddists...

No offense.

Underage Drinking February 12 2007 2:25 PM EST

if you've done something so well, no one will suspect you've done anything at all.
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