alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 229.210 Military and merchant marine educational institutions.

These Title IX regulations do not apply to an educational institution whose primary purpose is the training of individuals for a military service of the United States or for the merchant marine.
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In a Joint Case Management Statement filed March 19, 2010, counsel for Daer

explained that he had understood the City’s motion to have been resolved by the Court’s

February 26, 2010 order declining to shorten time for the hearing thereon and granting a

brief interim extension to April 5, 2010.

United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

KFD ENTERPRISES, INC.,

Plaintiff,

 v.

CITY OF EUREKA,

Defendant.

__________________________________/ 

AND RELATED COUNTER AND CROSS

CLAIMS

__________________________________/

No. C-08-4571 MMC

ORDER ADVANCING HEARING;

GRANTING IN PART AND DENYING IN

PART CITY OF EUREKA’S MOTION TO

EXTEND DEADLINE FOR NAMING

KENNETH DAER AS INDIVIDUAL

DEFENDANT

Before the Court is Defendant and Third Party Plaintiff City of Eureka’s [“City”]

Motion for Leave to Extend Deadline for Naming Kenneth Daer as an Individual Defendant,

filed February 23, 2010 and noticed for hearing on April 2, 2010, by which motion the City

seeks an extension from March 12, 2010 to July or August 2010, in order to depose said

defendant and amend, if appropriate, to add him in his individual capacity to the City’s thirdparty complaint. As of March 26, 2010, no opposition had been filed.1

Case 3:08-cv-04571-SC Document 217 Filed 03/26/10 Page 1 of 2
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On March 26, 2010, the above-titled action came before the Court for a regularly

scheduled Case Management Conference, at which counsel for all parties to the action,

including counsel for both the City and Daer, appeared. 

Having discussed the above-referenced motion with counsel appearing at the Case

Management Conference, the Court ADVANCED the hearing on said motion to March 26,

2010, and ruled as follows:

To the extent the motion seeks an extension, the motion is hereby GRANTED, and

the deadline to name Daer as an individual defendant is hereby EXTENDED to April 30,

2010; to the extent the motion seeks an extension of greater length, the motion is hereby

DENIED without prejudice.

IT IS SO ORDERED.

Dated: March 26, 2010

 

MAXINE M. CHESNEY

United States District Judge

Case 3:08-cv-04571-SC Document 217 Filed 03/26/10 Page 2 of 2
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V 

109TH CONGRESS 

1ST SESSION H. R. 2743 

For the relief of Aida Abigail Trevino de Zamarron. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2005 

Mr. CUELLAR introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

For the relief of Aida Abigail Trevino de Zamarron. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PERMANENT RESIDENT STATUS FOR AIDA ABI4 GAIL TREVINO DE ZAMARRON. 

5 (a) IN GENERAL.—Notwithstanding subsections (a) 

6 and (b) of section 201 of the Immigration and Nationality 

7 Act, Aida Abigail Trevino de Zamarron shall be eligible 

8 for issuance of an immigrant visa or for adjustment of 

9 status to that of an alien lawfully admitted for permanent 

10 residence upon filing an application for issuance of an im11 migrant visa under section 204 of such Act or for adjust12 ment of status to lawful permanent resident. 
2 

•HR 2743 IH 

1 (b) ADJUSTMENT OF STATUS.—If Aida Abigail 

2 Trevino de Zamarron enters the United States before the 

3 filing deadline specified in subsection (c), she shall be con4 sidered to have entered and remained lawfully and shall, 

5 if otherwise eligible, be eligible for adjustment of status 

6 under section 245 of the Immigration and Nationality Act 

7 as of the date of the enactment of this Act. 

8 (c) DEADLINE FOR APPLICATION AND PAYMENT OF

9 FEES.—Subsections (a) and (b) shall apply only if the ap10 plication for issuance of an immigrant visa or the applica11 tion for adjustment of status is filed with appropriate fees 

12 within 2 years after the date of the enactment of this Act. 

13 (d) REDUCTION OF IMMIGRANT VISA NUMBER.— 

14 Upon the granting of an immigrant visa or permanent res15 idence to Aida Abigail Trevino de Zamarron, the Secretary 

16 of State shall instruct the proper officer to reduce by 1, 

17 during the current or next following fiscal year, the total 

18 number of immigrant visas that are made available to na19 tives of the country of the alien’s birth under section 

20 203(a) of the Immigration and Nationality Act or, if appli21 cable, the total number of immigrant visas that are made 

22 available to natives of the country of the alien’s birth 

23 under section 202(e) of such Act. 

24 (e) DENIAL OF PREFERENTIAL IMMIGRATION

25 TREATMENT FOR CERTAIN RELATIVES.—The natural 
3 

•HR 2743 IH 

1 parents, brothers, and sisters of Aida Abigail Trevino de 

2 Zamarron shall not, by virtue of such relationship, be ac3 corded any right, privilege, or status under the Immigra4 tion and Nationality Act. 

Æ
EXHIBIT 10.39


 


AMENDMENT TO EMPLOYMENT AGREEMENT


 


This
AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is entered into
by and between PAUL B. CLEVELAND (“Executive”) and Affymax, Inc.
(the “Company”),
effective as of September 23, 2010 (the “Effective Date”).


 


WHEREAS, the Company retains the services of Executive
pursuant to that certain Employment Agreement dated December 17, 2008 (the
“Employment Agreement”),
and the Company and Executive wish to amend the Employment Agreement as set
forth below;


 


WHEREAS, the Company desires to continue to employ Executive
pursuant to the Employment Agreement, as herein amended;


 


WHEREAS, Executive wishes to continue to be employed by the
Company and provide personal services to the Company in return for certain
compensation and benefits under the Employment Agreement, as herein amended;
and


 


WHEREAS, Section 11.4 of the Employment Agreement
provides that it cannot be modified or amended except in a writing signed by an
officer of the Company.


 


NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, it is hereby agreed by and between the parties
hereto as follows:


 


1.             Clause
(iv) of Section 5.6(b) of the Employment Agreement is hereby
amended by replacing the phrase “one (1) year” with the phrase “thirty-six
(36) months.”


 


2.             In
all other respects, the Employment Agreement shall remain unchanged by this
Amendment.


 


IN WITNESS WHEREOF, the parties have executed
this Amendment on the dates written below.


 


	
  PAUL B.
  CLEVELAND

  	
   

  	
  AFFYMAX, INC.

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  /s/
  Paul B. Cleveland

  	
   

  	
  By:

  	
  Arlene
  M. Morris

  
	
   

  	
   

  	
   

  
	
  Date:
  Sept 23, 2010

  	
   

  	
  Its:
  Chief Executive Officer

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Date:
  9-23-2010
#### The People of the State of New York, Respondent, v Manny J. Allen, Appellant.

[716 NYS2d 347]

—Judgment unanimously affirmed *(see, People v Saunders,*190 AD2d 1092, 1093, *Iv denied*81 NY2d 1019). (Appeal from Judgment of Oswego County Court, McCarthy, J. — Criminal Possession Controlled Substance, 3rd Degree.) Present — Pigott, Jr., P. J., Pine, Hayes, Wisner and Kehoe, JJ.
§ 138.100 Conditions on use of funds. ( a ) No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative ageement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
( b ) Each person who requests or receives from an agency a Federal contract, grant, loan, or cooperative agreement shall file with that agency a certification, set forth in appendix A, that the person has not made, and will not make, any payment prohibited by paragraph (a) of this section.
( c ) Each person who requests or receives from an agency a Federal contract, grant, loan, or a cooperative agreement shall file with that agency a disclosure form, set forth in appendix B, if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph (a) of this section if paid for with appropriated funds.
( d ) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a statement, set forth in appendix A, whether that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee.
( e ) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a disclosure form, set forth in appendix B, if that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee.
#### BLACKWELL, Appellant, v. SHOE LASTING MACH. CO., Respondent.

(Supreme Court, Appellate Division, First Department.

March 24, 1905.)

Action by Thomas M. Blackwell against the Shoe Lasting Machine Company. W. J. McCoy, for appellant. J. S. Montgomery, for respondent. No opinion. Judgment affirmed, with costs.
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You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access to publicationsin the archive is available through GPO's suite of cataloging and locatorservices, including the Catalog of U.S. Government Publications (CGP). Archived copies of publications are retrieved in the event that publicationsare no longer available from the original publishing agency site. 
**Title:****Civil rights forum [electronicresource].**
 
SuDoc Number:J 1.104:

Item Number:0723-A-03 (online)
CGP systemNumber:000648765
 
1995: SpringSummerFall
1996: SpringSummerFall
1997: Winter
1999: Winter/SpringSummer
2000: Fall/WinterSpringSummer/Fall
2002: Winter
 
March 6, 2020
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### §3231. General authorization of appropriations

#### (a) Economic development assistance programs

There are authorized to be appropriated for economic development assistance programs to carry out this chapter, to remain available until expended—

(1) $400,000,000 for fiscal year 2004;

(2) $425,000,000 for fiscal year 2005;

(3) $450,000,000 for fiscal year 2006;

(4) $475,000,000 for fiscal year 2007; and

(5) $500,000,000 for fiscal year 2008.

#### (b) Salaries and expenses

There are authorized to be appropriated for salaries and expenses of administering this chapter, to remain available until expended—

(1) $33,377,000 for fiscal year 2004; and

(2) such sums as are necessary for each fiscal year thereafter.

(Pub. L. 89–136, title VII, §701, as added Pub. L. 105–393, title I, §102(b)(3), Nov. 13, 1998, 112 Stat. 3617; amended Pub. L. 108–373, title VII, §701, Oct. 27, 2004, 118 Stat. 1771.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 3231, Pub. L. 89–136, title VIII, §801, as added Pub. L. 93–288, title V, §501, May 22, 1974, 88 Stat. 160; amended Pub. L. 100–707, title I, §109(r)(1), Nov. 23, 1988, 102 Stat. 4710, set forth congressional statement of purpose and defined "major disaster", prior to repeal by Pub. L. 105–393, §102(c).

A prior section 701 of Pub. L. 89–136 was classified to section 3211 of this title prior to repeal by Pub. L. 105–393, §102(b)(3).

#### Amendments

2004—Pub. L. 108–373 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "There are authorized to be appropriated to carry out this chapter $397,969,000 for fiscal year 1999, $368,000,000 for fiscal year 2000, $335,000,000 for fiscal year 2001, $335,000,000 for fiscal year 2002, and $335,000,000 for fiscal year 2003, to remain available until expended."

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
§ 92.79 Procuring copies of foreign public documents. ( a ) *Nature of services.* When requested to do so by United States citizens or by persons acting in behalf of United States citizens, a consular officer should endeavor to obtain from foreign officials copies of birth, death, and marriage certificates, or copies of other public records such as divorce decrees, probated wills, and so on. The interest of the party requesting the document should be clearly indicated, and there should be good reason for asking for the consular officer's assistance. Persons requesting documents for use in the preparation of family trees or in the compilation of genealogical studies should be referred to a local attorney or to a genealogical research bureau if one is available.
( b ) *Payment of expenses involved* — ( 1 ) *Official funds not to be used.* The use of official funds to pay for copies of or extracts from foreign public records obtained at the request of private persons is prohibited.
( 2 ) *Payment of costs by Federal Government.* In instances of requests emanating from departments or agencies of the Federal Government for copies of or extracts from foreign public records, the Department will issue to Foreign Service posts concerned appropriate instructions with respect to the payment of whatever local costs may be entailed if the documents cannot be obtained gratis from the local authorities.
( 3 ) *Payment of costs by State or municipal governments.* Should State, county, municipal or other authorities in the United States besides the Federal Government request the consular officer to obtain foreign documents, and express willingness to supply documents gratis in analogous circumstances, the consular officer may endeavor on that basis to obtain the desired foreign documents gratis. Otherwise, such authorities should be informed that they must pay the charges of the foreign officials, as well as any fees which it may be necessary for the consular officer to collect under the provisions of the Tariff of Fees, Foreign Service of the United States of America (§ 22.1 of this chapter).
( 4 ) *Payment of costs by private persons.* Before a consular officer endeavors to obtain a copy of a foreign public document in behalf of a private person, the person requesting the document should be required to make a deposit of funds in an amount sufficient to defray any charges which may be made by the foreign authorities, as well as the Foreign Service fee for authenticating the document, should authentication be desired.
```

[Federal Register: October 25, 2010 (Volume 75, Number 205)]
[Notices]               
[Page 65550-65551]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc10-143]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 7166]

 
Overseas Security Advisory Council (OSAC) Meeting Notice

Closed Meeting

    The Department of State announces a meeting of the U.S. State 
Department--Overseas Security Advisory Council on November 16, 17, and 
18 at the U.S. Department of State, Washington DC. Pursuant to Section 
10(d) of the Federal Advisory Committee Act (5 U.S.C. Appendix), 5 
U.S.C. 552b(c)(4), and 5 U.S.C. 552b(c)(7)(E), it has been determined 
that the meeting will be closed to the public. The meeting will focus 
on an examination of corporate security policies and procedures and 
will involve extensive discussion of trade secrets and proprietary 
commercial information that is privileged and confidential, and will 
discuss law enforcement investigative techniques and procedures. The 
agenda will include updated committee reports, a global threat 
overview, and other matters relating to private sector security 
policies and protective programs and the protection of U.S. business 
information overseas.
    For more information, contact Marsha Thurman, Overseas Security 
Advisory Council, U.S. Department of State, Washington, DC 20522-2008, 
phone: 571-345-2214.

[[Page 65551]]

    Dated: October 13, 2010.
Jeffrey W. Culver,
Director of the Diplomatic Security Service, U.S. Department of State.
[FR Doc. 2010-26885 Filed 10-22-10; 8:45 am]
BILLING CODE 4710-24-P
```
#### LA CLAIR v. NEW YORK CITY RY. CO.

(Supreme Court, Appellate Term.

March 21, 1905.)

Cabbiers—Injuries to Passengers—Contributory Negligence.

Where an open street car had reached its destination, and the conductor had cried, “All out!” a passenger, who was incumbered with small children, had the right to assume that the step or running board had been properly adjusted, and that she could leave the car in safety, *838and was not guilty of contributory negligence, as a matter of law, in stepping off the car without looking to see, and observing that the running board was not in place.

Appeal from Municipal Court, Borough of Manhattan, Ninth District.

Action by Lillian La Clair against the New York City Railway Company. From a judgment dismissing the complaint, plaintiff appeals. Reversed.

Argued before SCOTT, O’GORMAN, and BLANCHARD, JJ.

Herman Gottlieb, for appellant.

William E. Weaver, for respondent;

BLANCHARD, J.

This is an appeal from a judgment dismissing a complaint. The plaintiff, a woman, was a passenger on a car owned and operated by the defendant. She had with her two small children— one a baby in arms, and the other a boy whom she led. The car was an open car, and before it reached its stopping place the conductor lowered the rail on the right side, and raised the rail on the left. When the car reached its destination, it stopped, and the conductor cried, “All out!” The plaintiff, who was occupying a seat in about the middle of the car, arose, and, placing the baby on her left arm, and leading the boy with her right hand, proceeded to the edge of the car. She placed the boy on the seat, and, while holding the baby on her left arm, stepped from the car. The running board was up, and. she fell to the street, and sustained the injuries of which she complains. On cross-examination she admitted that she did not look to see if the running board was in place before she stepped, and the trial court dismissed the complaint on the ground that, as a matter of law, she was guilty of contributory negligence.

We think this was error. The plaintiff had the right to asssume that the conductor would not order her out of the car until the step or running board had been properly adjusted for her to leave the car in safety, and her failure to observe was not negligence, as a matter of law. The circumstances are significant and important. She was in the presence of the conductor, who was in duty bound to care for her, and she had a right to assume that he would do his duty. The baby was on her left arm, and the sight of the running board or step may have been cut off, had she looked to see it, and her attention may have been diverted by •care for the safety of the children. Whether or not.the plaintiff was herself negligent was a question .of fact which should have been submitted to the jury for determination, under all the facts and circumstances of the case.

Judgment reversed and new trial ordered, with costs to the appellant to abide the event. All concur.