alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In re: Reed E. SLATKIN, Debtor. Kendall Dorsett; Michael McGahee; Ann Thomas; Seymour Thomas, Appellants, v. R. Todd Neilson, Chapter 11 Trustee, Appellee.

No. 05-55382.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2007 *.

Filed March 19, 2007.

Steven L. Hayes, Esq., Steven L. Hayes Law Corporation, Pine Mountain Club, CA, for Appellants.

*611Andrew S. Rotter, Esq., Gumport, Reit-man & Montgomery, Richard L. Wynne, Esq., Mark T. Cramer, Esq., Kirkland & Ellis, LLP, Los Angeles, CA, for Appellee.

Before: FERNANDEZ, GRABER and IKUTA, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. Fed. R.App. P. 34(a)(2).

MEMORANDUM**

Kendall Dorsett, Michael McGahee, Ann Thomas and Seymour Thomas appeal the district court’s order which affirmed the bankruptcy court’s award of attorneys fees to Kirkland & Ellis LLP for its work on behalf of the bankruptcy estate. We affirm.

On this record, we cannot say that the bankruptcy court erred in its decisions regarding the facts or the law, or that it abused its wide discretion regarding the award of attorneys fees. See 11 U.S.C. § 330; Fed. R. Bankr.P.2014; *Dawson v. Wash. Mut. Bank, F.A (In re Dawson),*390 F.3d 1139, 1145 (9th Cir.2004); *see also Roberts, Sheridan & Kotel, P.C. v. Bergen Brunswig Drug Co. (In re Mednet),*251 B.R. 103, 106, 108 (9th Cir. BAP 2000). The bankruptcy court did not err in deciding that the services rendered by Kirkland & Ellis benefited the bankruptcy estate. *See Smith v. Edwards & Hale, Ltd. (In re Smith),*317 F.3d 918, 926 (9th Cir.2002). Nor did it abuse its discretion when it declined to penalize Kirkland & Ellis for failure to disclose a connection between itself and an interested party. *See Neben & Starrett, Inc. v. Chartwell Fin. Corp. (In re Park-Helena Corp.),*63 F.3d 877, 880 (9th Cir.1995); *Film Ventures Int’l, Inc. v. Asher (In re Film Ventures Int’l, Inc.),*75 B.R. 250, 253 (9th Cir. BAP 1987).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### § 521.43 Collection of civil penalties and assessments.

Sections 3806 and 3808(b) of title 31, United States Code, authorize actions for collection of civil penalties and assessments imposed under this part and specify the procedures for such actions.
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              AUG-31-1996
<PERIOD-END>                                   NOV-30-1996
<CASH>                                           4,571,424
<SECURITIES>                                             0
<RECEIVABLES>                                    1,965,813  
<ALLOWANCES>                                       123,869    
<INVENTORY>                                      1,116,954  
<CURRENT-ASSETS>                                 7,708,684  
<PP&E>                                             729,764    
<DEPRECIATION>                                     216,488    
<TOTAL-ASSETS>                                   8,310,108  
<CURRENT-LIABILITIES>                            1,893,081  
<BONDS>                                                  0          
<PREFERRED-MANDATORY>                                    0          
<PREFERRED>                                              0          
<COMMON>                                             3,165      
<OTHER-SE>                                       6,397,248  
<TOTAL-LIABILITY-AND-EQUITY>                     8,310,108  
<SALES>                                          2,947,342  
<TOTAL-REVENUES>                                 2,947,342  
<CGS>                                            1,912,575  
<TOTAL-COSTS>                                    1,912,575  
<OTHER-EXPENSES>                                         0          
<LOSS-PROVISION>                                         0          
<INTEREST-EXPENSE>                                  42,881     
<INCOME-PRETAX>                                    325,614    
<INCOME-TAX>                                        62,465     
<INCOME-CONTINUING>                                263,149    
<DISCONTINUED>                                           0          
<EXTRAORDINARY>                                          0          
<CHANGES>                                                0          
<NET-INCOME>                                       263,149    
<EPS-PRIMARY>                                          .07        
<EPS-DILUTED>                                            0          
                                               


</TABLE>
#### In the Matter of Burton N. Pugach, an Attorney.

Motion for an order relieving Herbert S. Siegal, Esq., as attorney for respondent in the above-entitled proceeding denied without prejudice to any plenary action respondent may be advised to institute against Herbert S. Siegal and Louis Fusco. Concur — Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.
Exhibit 32.2


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Quarterly Report of Kroll Inc. (the "Company") on
Form 10-Q for the period ended June 30, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Steven L. Ford, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. (S) 1350, as
adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:

      1. The Report fully complies with the requirements of section 13(a) or
         15(d) of the Securities Exchange Act of 1934; and

      2. The information contained in the Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Company.


/s/ Steven L. Ford
------------------------
Steven L. Ford
Chief Financial Officer
August 13, 2003


A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
#### Omer Feizi v. Alexander C. Castriotis and Others.

Motion for stay denied, with ten dollars costs, and temporary stay vacated. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.
§ 401.14 Authorization by Government. ( a ) Where the use, obstruction or diversion of waters for which the Commission's approval is sought has been authorized by or on behalf of a Government or by or on behalf of a State or Province or other competent authority, two copies of such authorization and of any plans approved incidental thereto shall accompany the application when it is presented to the Commission in accordance with § 401.12.
( b ) Where such a use, obstruction or diversion of waters is authorized by or on behalf of a Government or by or on behalf of a State or Province or other competent authority after an application has been presented to the Commission in accordance with § 401.12, the applicant shall deliver forthwith to the Commission two copies of such authorization and of any plans approved incidental thereto.
P. 1



# OAR Box 1802 Prepped by Charmelle Mathews



### Document

Number: 

# 77 ) IV-E-7 1
Docket Number: 

# A-90-3 7

Printed 11/4/200811:58:00 AM

Sheet 77 of 117P. 2 

## A^o^i 

# iv-e- n
July 31,200 0

SUBJECT : Septembe

r 24 , 199 8 Meeting Between th e Clea n Energ y Grou

p andth e Environmenta

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r an dRadiatio n Docke

t #A-90-3 7

Th e Clea n Energy Grou

p requestedthi s meetin g t o provid e feedbac k t o EP A on th e Jul y 24,199 8 Federa

l Registe r Notic e o f Availabilit

y requestin g furthe

r commen t on NS R applicabilit

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e idea s on trading scheme s fo

r th e utilit y industry

. Th

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p wa s supportiv e o f

alookbac k perio d o f les s tha n 1 0 year s to establis h actua l emissions

. Thei

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t th e energy industr y i s i n astat e o f rapi dchange

. The

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e efficien t an dles s pollutin g productio n capacity

. The y believ e thi s i s th e right

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. Gre g Foote , OGC , EP A Jo n Devine , OGC , EP A Michae l Bradley , Michae l Bradle y Associate s Ann e Berwick , Michae l Bradle y Associate s Ann aWood , OPAR , OAR , EP A Jef f William s
Bruc e Alexande r Bo b Kete s Denni s Crumpler , ITPID , OAQPS , OAR , EPA To mSyveste r Caro l Holmes , AED , OECA , EP A Jane tMcDonald , EC/R , EP A Contracto r Stev e Edgerton , EC/R , EP A Contracto r Mar k Brandstei n Bo b Kellam , Actin g Director , ITPID , OAQPS , OAR , EP

A Chuc k Karlan , Northeas t

utilitie s Joe l Meakas , Niagar aMohaw k Davi d Solomon , ITPID , OAQPS , OAR , EP A
Editorial Note on Part 710
Editorial Note: Nomenclature changes to part 710 appear at 84 FR 37752, Aug. 2, 2019.

§ 710.4 Notice. The President of DFC or the President's designee shall initiate an administrative disciplinary hearing by providing the former DFC employee with notice of an intention to institute a proceeding and an opportunity for a hearing. Notice must include: ( a ) A statement of allegations and the basis thereof sufficiently detailed to enable the former employee to prepare an adequate defense;
( b ) Notification of the right to a hearing; and
( c ) An explanation of the method by which a hearing may be requested.
#### EECP Centers of America, Inc., Appellant, v Vasomedical, Inc., et al., Respondents.

[717 NYS2d 897]

—In an action, *inter alia,*to recover damages for breach of contract and fraud, the plaintiff appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated August 9, 1999, which, *inter alia,*granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In opposition to the defendants’ prima facie demonstration of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact *(see, Zuckerman v City of New York,*49 NY2d 557). Thus, summary judgment was properly granted to the defendants. Ritter, J. P., Santucci, Krausman and Smith, JJ., concur.
Exhibit 10.8





Exhibit 10.8




AMENDMENT NO. 1 TO WARRANT TO PURCHASE STOCK




THIS AMENDMENT NO. 1 TO WARRANT TO PURCHASE STOCK is made as of September 23, 2010 by and
between Midcap Financial, LLC (“Holder”) and Biolase Technology, Inc., a Delaware corporation (the
“Company”).



WHEREAS, Holder is the holder of that certain Warrant to Purchase Stock dated as of May 27,
2010 issued by the Company to Holder (the “Warrant”); and



WHEREAS, in connection with that certain Waiver and First Loan Modification Agreement, of even
date herewith, to that certain Loan and Security Agreement dated May 27, 2010, among Midcap
Financial, LLC, Silicon Valley Bank and the Company, the parties hereto desire to amend the Warrant
in the manner set forth below;



NOW, THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:



1. Warrant Amendment. The Warrant is hereby amended so that from and after the date
hereof, the Initial Shares Warrant Price and the Additional Shares Warrant Price (each as defined
in the Warrant, and referred to therein sometimes as the “Warrant Price”) shall be $0.84, subject
to further adjustment hereafter from time to time in accordance with the provisions of the Warrant.



2. No Other Amendments. Except as amended hereby, the Warrant shall remain in full
force and effect as originally written.



3. Governing Law. This Amendment No. 1 shall be governed by and construed in
accordance with the laws of the State of Delaware, without regard to its conflict of laws
provisions.



[Remainder of page left blank intentionally]




 


 









 







IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 to Warrant to Purchase
Stock as of the date first above written.



	 	 	 	 	 
	 	BIOLASE TECHNOLOGY, INC.

 	 
	 	By:  	/s/ Federico Pignatelli
 	 
	 	 	Name:  	Federico Pignatelli 	 
	 	 	Title:  	Chairman and interim Chief Executive Officer 	 



	 	 	 	 	 
	 	MIDCAP FINANCIAL, LLC

 	 
	 	By:  	/s/ Luis Viera
 	 
	 	 	Name:  	Luis Viera 	 
	 	 	Title:  	Managing Director 	 



 


2
#### § 120.30 Directorate of Defense Trade Controls.

Directorate of Defense Trade Controls, Bureau of Political-Military Affairs, Department of State, Washington, DC 20522-0112.
THE THIRTEENTH COURT OF APPEALS

13-16-00253-CV

Edinburg Consolidated Independent School District, Silvia Ledesma, and 

Carlos Guzman, and Lydia Elizondo Mount, Individually and as Next Friend of Michael 

Edward Reed

v.

Sobeyda I. Smith, Daniel Rebollar, and Mariely Rebollar

On appeal from the

398th District Court of Hidalgo County, Texas

Trial Cause No. C-1711-16-I

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes the order of the trial court should be reversed and rendered. The 

Court orders the order of the trial court REVERSED AND RENDERED. Costs of the 

appeal are adjudged against appellees.

We further order this decision certified below for observance.

May 26, 2016
#### In the Matter of Gerard A., a Person Alleged to be a Juvenile Delinquent, Appellant.

Order of disposition, Family Court, New York County, entered June 29, 1977, unanimously modified, on the law, to strike therefrom the sixth decretal paragraph, and otherwise affirmed, without costs and without disbursements. The offending paragraph, by which "the New York State Division for Youth is directed not to issue any weekends *[sic]*or other passes * * * under penalty of contempt for the first full year,” constitutes an unwarranted interference with the administrative authority of the division. (See *Matter of Terrance C.,*45 AD2d 825.) The court may recommend—not direct—such action, but, even if only a recommendation, it has no place in an order. In any event, the institution to which the delinquent was committed, being a maximum security facility, does not *903issue such passes as a matter of policy. Concur—Murphy, P. J., Silverman, Evans, Fein and Markewich, JJ.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 21

- 3949

_____________________________ C OLAVITO A. B ELL , Appellant,

v.

S TATE O F F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Duval County

. Lester Bass , Judge

. September 8, 2022

P ER C URIAM

.
A FFIRMED

.
R OWE , C.J., and O STERHAUS and W INOKUR , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Colavito A. Bell, pro se
, Appellant.

Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee
, for Appellee.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               DEC-30-1997
<CASH>                                       1,282,474
<SECURITIES>                                   795,976
<RECEIVABLES>                                  402,530
<ALLOWANCES>                                  (31,256)
<INVENTORY>                                    114,844
<CURRENT-ASSETS>                             2,807,185
<PP&E>                                       1,124,332
<DEPRECIATION>                               (255,762)
<TOTAL-ASSETS>                               4,268,161
<CURRENT-LIABILITIES>                        1,401,712
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        37,055
<OTHER-SE>                                   2,470,956
<TOTAL-LIABILITY-AND-EQUITY>                 4,268,161
<SALES>                                        871,290
<TOTAL-REVENUES>                               871,290
<CGS>                                          732,635
<TOTAL-COSTS>                                1,820,567
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (15,690)
<INCOME-PRETAX>                              (941,055)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (941,055)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (941,055)
<EPS-PRIMARY>                                   (0.25)
<EPS-DILUTED>                                   (0.25)
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS INCLUDED IN THIS 10-Q AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   6-MOS                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000             DEC-31-1999
<PERIOD-START>                             JAN-01-2000             JAN-01-1999
<PERIOD-END>                               JUN-30-2000             JUN-30-1999
<CASH>                                           1,192                   2,575
<SECURITIES>                                    16,669                  18,305
<RECEIVABLES>                                    2,413                   5,968
<ALLOWANCES>                                     1,121                   1,694
<INVENTORY>                                        813                     720
<CURRENT-ASSETS>                                21,413                  28,131
<PP&E>                                           4,582                   4,202
<DEPRECIATION>                                   3,069                   2,387
<TOTAL-ASSETS>                                  23,566                  35,077
<CURRENT-LIABILITIES>                            5,761                   6,793
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           130                     130
<OTHER-SE>                                      17,675                  27,726
<TOTAL-LIABILITY-AND-EQUITY>                    23,566                  35,077
<SALES>                                          5,108                  10,402
<TOTAL-REVENUES>                                 8,548                  14,018
<CGS>                                            1,455                   2,602
<TOTAL-COSTS>                                    3,597                   4,380
<OTHER-EXPENSES>                                 8,091                  12,550
<LOSS-PROVISION>                                     0                       2
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                (2,615)                 (2,576)
<INCOME-TAX>                                         0                   (601)
<INCOME-CONTINUING>                            (2,615)                 (1,975)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (2,615)                 (1,975)
<EPS-BASIC>                                     (0.21)                  (0.16)
<EPS-DILUTED>                                   (0.21)                  (0.16)


</TABLE>
### §3019. Joint funding of projects

Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this chapter, where funds are provided for a single project by more than one Federal agency to any agency or organization assisted under this chapter, the Federal agency principally involved may be designated to act for all in administering the funds provided. In such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each Federal agency, and any such agency may waive any technical grant or contract requirement (as defined by such regulations) which is inconsistent with the similar requirements of the administering agency or which the administering agency does not impose.

(Pub. L. 89–73, title II, §208, formerly §209, as added Pub. L. 93–29, title II, §201(c), May 3, 1973, 87 Stat. 35; renumbered §208, Pub. L. 97–115, §2(e)(2), Dec. 29, 1981, 95 Stat. 1596.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 208 of Pub. L. 89–73 was renumbered section 207 and is classified to section 3018 of this title.

Provisions similar to those comprising this section were contained in Pub. L. 89–73, title VIII, §805, formerly title VII, §705, as added Pub. L. 91–69, §13, Sept. 17, 1969, 83 Stat. 114; renumbered title VIII, §805, Pub. L. 92–258, §1, Mar. 22, 1972, 86 Stat. 88, which was classified to section 3055 of this title, prior to repeal by Pub. L. 93–29, §202.