alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

PHYSICIANS HEALTHSOURCE, INC., an

Ohio corporation, individually and on behalf of

similarly situated persons,

Plaintiff, Case No. 12-cv-05105

v.

Hon. Matthew F. Kennelly

A-S MEDICATION SOLUTIONS, LLC

AND WALTER HOFF

Defendants.

DEFENDANTS’ MOTION TO WITHDRAW MOTION FOR APPROVAL OF

SUPERSEDEAS BOND AND STAY OF EXECUTION OF JUDGMENT

NOW COME Defendants, A-S Medication Solutions, LLC and Walter Hoff

(“Defendants”), and file their Motion to Withdraw Motion for Approval of Supersedeas Bond

and Stay of Execution of Judgment.

1. On December 7, 2018, Defendants filed their Motion for Approval of Supersedeas Bond

and Stay of Execution of Judgment (Dkt. # 334).

2. On December 10, 2018, Defendants filed their Motion for Approval of Security, or in the

Alternative, Supersedeas Bond and Stay of Execution of Judgment. (Dkt. # 336).

3. As a result of this latter filing, Defendant’s Motion for Approval of Supersedeas Bond

and Stay of Execution of Judgment is duplicative (Dkt. # 334), and Defendants seek to

withdraw it.

WHEREFORE, Defendants, A-S Medication Solutions, LLC and Walter Hoff,

respectfully request that this Court deem their Motion for Approval of Supersedeas Bond and

Stay of Execution of Judgment (Dkt. # 334) withdrawn, with Defendants' Motion for Approval

Case: 1:12-cv-05105 Document #: 338 Filed: 12/10/18 Page 1 of 3 PageID #:13978
2

of Security, or in the Alternative, Supersedeas Bond and Stay of Execution of Judgment (Dkt. #

336) as its replacement motion.

Respectfully submitted,

/s/ Eric L. Samore

One of Defendants’ Attorneys

Eric L. Samore

Albert Bower

SMITHAMUNDSEN LLC

150 N. Michigan Avenue #3300

Chicago, IL 60601

(312) 894-3251

Case: 1:12-cv-05105 Document #: 338 Filed: 12/10/18 Page 2 of 3 PageID #:13979
3

CERTIFICATE OF SERVICE

The undersigned certifies that on December 10, 2018 he served a copy of

DEFENDANTS’ MOTION TO WITHDRAW MOTION FOR APPROVAL OF

SUPERSEDEAS BOND AND STAY OF EXECUTION OF JUDGMENT upon all parties of

record via the Court’s ECF filing system.

[x] Pursuant to 28 USC Section

1746(2), I certify under penalty of

perjury that the foregoing is true and

correct. Executed on: December 10,

2018

/s/ Eric L. Samore

Case: 1:12-cv-05105 Document #: 338 Filed: 12/10/18 Page 3 of 3 PageID #:13980
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JULY 21, 2009

THOMAS K. KAHN

CLERK

 [DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

 

No. 09-10671

Non-Argument Calendar

 

D. C. Docket No. 07-00066-CV-5

NATIONWIDE PROPERTY & CASUALTY INSURANCE COMPANY,

Plaintiff-Appellee,

versus

CLYDE OSBURN,

a.k.a. Larry Osburn,

MATT MATTINGLY,

LIBERTY AUCTION, INC.,

Defendants-Appellants.

 

Appeal from the United States District Court

for the Southern District of Georgia

 

(July 21, 2009)

Before DUBINA, Chief Judge, WILSON and PRYOR, Circuit Judges.

PER CURIAM:
This is an appeal from the district court’s grant of summary judgment in

favor of Nationwide Property & Casualty Insurance Company (“Nationwide”) in

an insurance coverage dispute. Specifically, the district court determined in a

detailed written order that Nationwide had no duty to defend or indemnify

appellants Liberty Auction, Inc. and Matt Mattingly because of an unambiguous

exclusion contained in the policy of insurance.

We review a district court’s grant of summary judgment de novo. Twin City

Fire Ins. Co. v. Ohio Cas. Ins. Co., Inc., 480 F.3d 1254, 1258 (11th Cir. 2007).

After reviewing the record and reading the parties’ briefs, we agree with the

district court that the undisputed facts show that Clyde Osburn’s injuries arose out

of the “maintenance” of an automobile that was being “operated” by Liberty

1 2

Auction through its agent, Mattingly. 

As a result, we agree with the district court that the exclusion applies, and

Nationwide does not have the duty to defend Liberty Auction and Mattingly under

the insurance policy. Accordingly, we affirm the district court’s grant of summary

judgment in favor of Nationwide.

See Hollis v. St. Paul Fire & Marine Ins. Co., 203 Ga. App. 252, 253, 416 S.E.2d 827, 829 1

(Ga. Ct. App. 1992).

See Williams v. State, 111 Ga. App. 588, 592, 142 S.E.2d 409, 462 (Ga. Ct. App. 1965); 2

Flournoy v. State, 106 Ga. App. 756, 758-59, 128 S.E.2d 528, 530-31 (Ga. Ct. App. 1962).

2
AFFIRMED.

3
#### 252.247-7016 Contractor liability for loss or damage.

As prescribed in 247.271-3(d), use the following clause:

# Contractor Liability for Loss or Damage (DEC 1991)

(a) *Definitions.* As used in this clause—

*Article* means any shipping piece or package and its contents.

*Schedule* means the level of service for which specific types of traffic apply as described in DoD 4500.34-R, Personal Property Traffic Management Regulation.

(b) For shipments picked up under Schedule I, Outbound Services, or delivered under Schedule II, Inbound Services—

(1) If notified within one year after delivery that the owner has discovered loss or damage to the owner's property, the Contractor agrees to indemnify the Government for loss or damage to the property which arises from any cause while it is in the Contractor's possession. The Contractor's liability is—

(i) *Non-negligent damage.* For any cause, other than the Contractor's negligence, indemnification shall be at a rate not to exceed sixty cents per pound per article.

(ii) *Negligent damage.* When loss or damage is caused by the negligence of the Contractor, the liability is for the full cost of satisfactory repair or for the current replacement value of the article.

(2) The Contractor shall make prompt payment to the owner of the property for any loss or damage for which the Contractor is liable.

(3) In the absence of evidence or supporting documentation which places liability on a carrier or another contractor, the destination contractor shall be presumed to be liable for the loss or damage, if timely notified.

(c) For shipments picked up or delivered under Schedule III, Intra-City and Intra-Area—

(1) If notified of loss or damage within 75 days following delivery, the Contractor agrees to indemnify the Government for loss or damage to the owner's property.

(2) The Contractor's liability shall be for the full cost of satisfactory repair, or for the current replacement value of the article less depreciation, up to a maximum liability of $1.25 per pound times the net weight of the shipment.

(3) The Contractor has full salvage rights to damaged items which are not repairable and for which the Government has received compensation at replacement value.

(End of clause)

[56 FR 36479, July 31, 1991, as amended at 75 FR 51419, Aug. 20, 2010; 84 FR 25195, May 31, 2019; 84 FR 30952, June 28, 2019]
#### 252.225-7006 Acquisition of the American flag.

As prescribed in 225.7002-3(c), insert the following clause:

# Acquisition of the American Flag (DEC 2022)

(a) *Definition. United States,* as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) If the Contractor is required to deliver under this contract one or more American flags (Product or Service Code 8345), such flag(s), including the materials and components thereof, shall be manufactured in the United States, consistent with the requirements at 10 U.S.C. 4862 (commonly known as the “Berry Amendment”).

(c) This clause does not apply to the acquisition of any end items or components related to flying or displaying the flag (*e.g.,* flagpoles and accessories).

(End of clause)

[80 FR 51749, Aug. 26, 2015, as amended at 87 FR 76997, Dec. 16, 2022]
#### 252.236-7011 Overseas architect-engineer services—Restriction to United States firms.

As prescribed in 236.609-70, use the following provision:

# Overseas Architect-Engineer Services—Restriction to United States Firms (JAN 1997)

(a) *Definition. United States firm,* as used in this provision, means a firm incorporated in the United States that complies with the following:

(1) The corporate headquarters are in the United States;

(2) The firm has filed corporate and employment tax returns in the United States for a minimum of 12 years (if required), has filed State and Federal income tax returns (if required) for 2 years, and has paid any taxes due as a result of these filings; and

(3) The firm employs United States citizens in key management positions.

(b) *Restriction.* Military construction appropriations acts restrict award of a contract, resulting from this solicitation, to a United States firm or a joint venture of United States and host nation firms.

(c) *Status.* The offeror confirms, by submission of its offer, that it is a United States firm or a joint venture of United States and host nation firms.

(End of provision)

[62 FR 2858, Jan. 17, 1997, as amended at 83 FR 54681, Oct. 31, 2018]
*Pursuant to Local Rule 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in Local Rule 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 95-30736

Summary Calendar

CLIFFORD LEO FOSTER,

Plaintiff-Appellant,

VERSUS

SHIRLEY S. CHATER, COMMISSIONER,

 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Defendant-Appellee.

Appeal from the United States District Court

For the Western District of Louisiana

(94-CV-1609)

February 2, 1996

Before REAVLEY, JOLLY and BENAVIDES, Circuit Judges.

PER CURIAM:*

Clifford Leo Foster appeals the district court's judgment

affirming the decision of the Commissioner and dismissing his suit

with prejudice. Foster complains that the Commissioner erroneously

offset his workmen's compensation payments, which arose from

employment not covered by the social security tax, against his

social security disability payments. The Commissioner reduced his
 

1 The term "average current earnings" was given a technical

definition for purposes of § 424a(a)(5) and is calculated based on

pre-disability wages. The Commissioner determined Foster's highest

years of earnings to be 1974 and 1970, with a total income of

$24,430. His average monthly wage was determined to be $407,

eighty percent of which is $325.60. Foster does not complain that

his average current earnings were improperly calculated. 

2

benefits to zero after concluding his workmen's compensation

benefits were in excess of 80% of his average current earnings. 

See 42 U.S.C. § 424a(a)(5).1

Our review of the record and the Report and Recommendation of

the magistrate judge reveals no reversible error. We see nothing

in § 424a which precludes the Commissioner from using workmen’s

compensation benefits arising from a non-covered source to offset

social security disability payments. Therefore, the judgment of

the district court is

AFFIRMED.
[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Page 7355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01908]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[S-209-2020]


Approval of Subzone Status: JJS Transportation and Distribution 
Co., Inc., Valley Stream, New York

    On November 25, 2020, the Executive Secretary of the Foreign-Trade 
Zones (FTZ) Board docketed an application submitted by the County of 
Orange, grantee of FTZ 37, requesting subzone status subject to the 
existing activation limit of FTZ 37, on behalf of JJS Transportation 
and Distribution Co Inc, in Valley Stream, New York.
    The application was processed in accordance with the FTZ Act and 
Regulations, including notice in the Federal Register inviting public 
comment (85 FR 78306, December 4, 2020). The FTZ staff examiner 
reviewed the application and determined that it meets the criteria for 
approval. Pursuant to the authority delegated to the FTZ Board 
Executive Secretary (15 CFR 400.36(f)), the application to establish 
Subzone 37F was approved on January 22, 2021, subject to the FTZ Act 
and the Board's regulations, including Section 400.13, and further 
subject to FTZ 37's 2,000-acre activation limit.

    Dated: January 22, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021-01908 Filed 1-27-21; 8:45 am]
BILLING CODE 3510-DS-P
UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6.3.1

Eastern Division

Alfredo Miranda

Plaintiff,

v. Case No.: 1:12−cv−04439

Honorable John Z. Lee

County of Lake, et al.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Wednesday, September 18, 2019:

 MINUTE entry before the Honorable John Z. Lee: Settlement conference hearing

held on 9/18/19. The parties were unable to reach a settlement. Plaintiff's motion for

miscellaneous relief [408] requests leave to present Dr. Manuel Montez via video

transmission at trial. Defendants do not object to Plaintiffs presenting Dr. Montez in this

manner at trial; however, Defendants request that they be allowed to depose Dr. Montez to

ascertain the basis of whatever substantive opinions he may present at trial. Plaintiff

objects to this request. Because Plaintiff has not provided an disclosure under Rule

26(a)(2)(C) relating to Dr. Montez, the Court grants Defendants request. Accordingly,

Plaintiff's motion [408] is granted, and the Court grants Defendants leave to depose Dr.

Montez prior to trial. Mailed notice(ca, )

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of

Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was

generated by CM/ECF, the automated docketing system used to maintain the civil and

criminal dockets of this District. If a minute order or other document is enclosed, please

refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our

web site at www.ilnd.uscourts.gov.

Case: 1:12-cv-04439 Document #: 410 Filed: 09/18/19 Page 1 of 1 PageID #:15470
#### 2803.203 Reporting suspected violations of the Gratuities clause.

DOJ personnel shall report suspected violations of the gratuities clause, FAR 52.203-3, to the contracting officer or chief of the contracting office in writing. The report shall clearly state the circumstances surrounding the incident, including the nature of the gratuity, the time period in which it occurred, the behavior or action the gratuity was intended to influence, and the persons involved. The contracting officer or chief of the contracting office, after review, shall forward the report along with his or her recommendations regarding the treatment of the violation in accordance with FAR 3.204(c) to the HCA, or designee.
#### Goldner Trucking Corp., Appellant, v. Stoll Packing Corp., Respondent.

In an action to recover damages for breach of a contract of bailment, plaintiff appeals: (1) from an order of the Supreme Court, Queens County, dated November 15, 1962, which denied its motion to vacate the dismissal of its complaint at Trial Term and the judgment of dismissal entered thereon; and (2) from an order of said court, dated January 30, 1963, which denied its motion for leave to renew the original motion. Order of November 15, 1962 reversed, without cost, in the exercise of discretion; motion granted; dismissal and judgment vacated; and action directed to be restored to the Ready Calendar of the Supreme Court, Queens County, for trial. Appeal from order of January 30, 1963 dismissed as academic. In the light of counsel’s actual engagement in the trial of an action in the Supreme Court, New York County, and of the willingness of opposing counsel to adjourn the trial for 10 days, dismissal of the complaint constituted an improvident exercise of discretion. [For prior appeal in this action, see 8 A D 2d 951.] Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur. [37 Misc 2d 102.]
28.203-3 Release of security interest. ( a ) After consultation with legal counsel, the contracting officer shall release the security interest on the individual surety's assets using the Optional Form 91, Release of Personal Property from Escrow, or a similar release as soon as possible consistent with the conditions in subparagraphs (a)(1) and (2) of this section. A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the subcontractor or supplier that the claim is correct along with a notarized authorization of the release by the surety stating that it approves of such release. ( 1 ) *Contracts subject to the Bonds statute.* See section 1.110 and section 28.102-1, paragraph (a). The security interest shall be maintained for the later of— ( i ) 1 year following final payment;
( ii ) Until completion of any warranty period (applicable only to performance bonds); or
( iii ) Pending resolution of all claims filed against the payment bond during the 1 year period following final payment.
( 2 ) *Contracts subject to alternative payment protection.* See section 28.102-1, paragraph (b)(1). The security interest shall be maintained for the full contract performance period plus 1 year.
( 3 ) *Other contracts not subject to the Bonds statute.* The security interest shall be maintained for 90 days following final payment or until completion of any warranty period (applicable only to performance bonds), whichever is later.
( b ) Upon written request by the individual surety, the contracting officer may release the security interest on the individual surety's assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.
( c ) Upon written request by the individual surety, the contracting officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the contractor's obligations under its performance bond. Release of the security interest in support of a payment bond must comply with the subparagraphs (a)(1) through (3) of this section. In making this determination, the contracting officer will give consideration as to whether the unreleased portion of the security is sufficient to cover the remaining contract obligations, including payments to subcontractors and other potential liabilities. The individual surety shall, as a condition of the partial release, furnish an affidavit agreeing that the release of such assets does not relieve the individual surety of its obligations under the bond(s).
[86 FR 3685, Jan. 14, 2021]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the National Advisory Council on Drug Abuse, February 9, 2021, 11:00 a.m. to February 9, 2021, 4:30 p.m., National Institutes of Health, National Institute on Drug Abuse, 301 North Stonestreet Avenue, Bethesda, MD 20892 which was published in the                     **Federal Register**                     on December 29, 2020, 85 FR 85652.                

This notice is being amended to change the start and end times of the closed session from 11:00 a.m.-12:45 p.m. to 10:45 a.m.-12:30 p.m. on February 9, 2021. The meeting is partially closed to the public.

Dated: January 21, 2021.

Melanie J. Pantoja,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2021-01709 Filed 1-26-21; 8:45 am]

BILLING CODE 4140-01-P
exv10w49






Exhibit 10.49




AMENDMENT NO. 1 TO

REGISTRATION RIGHTS AGREEMENT




          THIS AMENDMENT NO. 1 TO REGISTRATION RIGHTS AGREEMENT (this “Amendment”) is made and
entered into as of July 28, 2009, by and between Apollo Group, Inc., an Arizona corporation
(“Apollo”), Carlyle Venture Partners III, L.P., a Delaware limited partnership
(“Carlyle”), Apollo Global, Inc., a Delaware corporation (“Global”).




          WHEREAS, Apollo, Carlyle and Global are parties to that certain Registration Rights Agreement,
dated October 22, 2007 (the “Agreement”); and




          WHEREAS, the parties have amended the Joint Venture Agreement dated as of October 22, 2007 and
desire to amend the Agreement in accordance with paragraph 10(d) thereof to update certain
references to the Joint Venture Agreement in order to correct such references as further described
below.




          NOW, THEREFORE, in consideration of the foregoing and for other good and valid consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:




          1. The references in the Agreement to “Joint Venture Agreement” are hereby deleted and
replaced with “Capital Contribution Agreement”.




          2. Except as amended hereby, the Agreement shall remain in full force and effect. This
Amendment may be executed in two or more counterparts and by facsimile, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.




[Signature Page to Amendment No. 1 to Registration Rights Agreement]




 









 








          IN WITNESS WHEREOF, the undersigned have executed this Amendment No. 1 to Registration Rights
Agreement as of the date first set forth above.




	 	 	 	 	 
	 	APOLLO GLOBAL, INC.

 	 
	 	By:  	/s/ Jeffrey Langenbach
 	 
	 	 	Name:  	Jeffrey Langenbach 	 
	 	 	Title:  	President 	 
	 
	 
	 	APOLLO GROUP, INC.

 	 
	 	By:  	/s/ Brian L. Swartz
 	 
	 	 	Name:  	Brian L. Swartz 	 
	 	 	Title:  	Chief Financial Officer 	 
	 
	 
	 	CARLYLE VENTURE PARTNERS III, L.P.

 	 
	 	By:  	TCG VENTURES III, L.P.,
 	 
	 	 	as the General Partner 	 
	 	 	 	 
	 	By:  	TCG VENTURES III, L.L.C.,
 	 
	 	 	as the General Partner 	 
	 	 	 	 
	 	 	 
	 	By:  	/s/ Brooke Coburn
 	 
	 	 	Name:  	Brooke Coburn 	 
	 	 	Title:  	Managing Director 	 
	 



[Signature Page to Amendment No. 1 to Registration Rights Agreement]