alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SCHMIDT v. INTERBOROUGH RAPID TRANSIT CO.

(Supreme Court, Appellate Term.

January 17, 1906.)

1. Damages—Personal Injuries—Instructions.

An instruction, in a personal injúry case, that in estimating plaintiff’s damages the jury might fairly consider what they thought would compensate them under similar circumstances, if injured in the same manner, is erroneous.

2. Carriers—Street Railways—Injury to Passenger—Negligence—Overcrowding.

Refusal to charge, in an- action against a street railway company for injury to a passenger, that to permit overcrowding was not negligence as matter of law, but was merely a circumstance to be considered by the-jury, is error, which-is not cured by reading to the jury an excerpt from an opinion, which, read without its context, is calculated rather to mislead than to instruct the jury. -

Appeal from Municipal Court,' Borough of the -Bronx, Second District.

Action by Charles' Schmidt against the Intérboróugh Rapid Transit Company. From a judgment for plaintiff,, defendant appeals.Reversed. : !

Argued before-SCOTT, P. J., and BLANCHARD' and DOW-LING, JJ, - '■ • ' . -

*391•' Charles A. Gardiner. (G. Tarleton G.oldthwaite, of counsel), for appellant.

Frank A. Acer, for respondent.

SCOTT, P. J.

The verdict was grossly excessive, due perhaps to the erroneous instruction to the jury that, in estimating the plaintiff’s damage, they might fairly consider what they thought would compensate them under similar circumstances, if injured in the same manner. The plaintiff’s injuries were only very slight, and it is not even claimed that they are permanent. His loss by way of wages amounted only to one week at $5.50 a day, and no proof was given or claim made in respect to any physician’s fee.

Counsel for defendant asked the court to charge that it was not negligence as a matter of law to permit overcrowding, but was a circumstance to be submitted to and considered by the jury. This was a proper request, and should have been charged, and the refusal to do so was not rendered harmless by reading to the jury an excerpt from a judicial opinion, which, read without its context, was calculated rather to mislead than to instruct the jury.

No request was made to charge as to the contributory negligence of plaintiff in leaving a place of safety, and attempting to squeeze through the gate before it had been fully opened, and it is not, therefore, necessary to consider that question upon this appeal.

Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.
#### 2803.908-70 Whistleblower Protection in General Non-Disclosure Agreement.

The contracting officer shall ensure that any General NDA that DOJ requires a Covered Individual to sign contains the required Whistleblower Protection Provision at JAR 2852.203-70.
<PAGE>   1

                                                                    Exhibit 10.5


                                        March 15, 2000


PERSONAL AND CONFIDENTIAL


Mr. Rodney L. Usher
2 Neuchatel Lane
Fairport, New York  14450

Dear Rod:

     Re: Severance Agreement

     This letter serves as an amendment of the Severance Agreement between IDEX
Corporation and you dated December 3, 1999 which you accepted on December 6,
1999.  Pursuant to this amendment, Item 9 of the enumerated Severance Benefits
is eliminated and replaced with the following:

     9)   All stock options previously granted to you will immediately vest and
          you will have until the earlier of (i) ten (10) years from date of
          grant of the option or (ii) thirty-six (36) months following the last
          day of employment to exercise the options you hold.

     All other terms of the Severance Agreement remain unchanged.  Please
acknowledge your acceptance of this amendment by signing and returning the
enclosed copy of this letter.

                                        Very truly yours,



                                        /s/ Frank J. Hansen

FJH:mtm
Enclosure


Agreed to and accepted by:

/s/ Rodney L. Usher

Date:  March 15, 2000
|   | Historical Image Display:Image Title:Bahia de Ponce and ApproachesDownload Map/Chart(right-click):25683-05-2009.jpgShare this page:TweetImage Metadata:Image:        			25683-05-2009Type:        			Nautical ChartYear:        			2009Scale:        			1:20000Publisher:        			NOAASize: |   |
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Privacy PolicyDisclaimerNOAA's National Ocean ServiceNOAAU.S. Department of Commerce
246.402 Government contract quality assurance at source. Do not require Government contract quality assurance at source for contracts or delivery orders valued below $350,000, unless— ( 1 ) Mandated by DoD regulation;
( 2 ) Required by a memorandum of agreement between the acquiring department or agency and the contract administration agency; or
( 3 ) The contracting officer determines that— ( i ) Contract technical requirements are significant (*e.g.*, the technical requirements include drawings, test procedures, or performance requirements);
( ii ) The product being acquired— ( A ) Has critical characteristics;
( B ) Has specific features identified that make Government contract quality assurance at source necessary; or
( C ) Has specific acquisition concerns identified that make Government contract quality assurance at source necessary; and
( iii ) The contract is being awarded to— ( A ) A manufacturer or producer; or
( B ) A non-manufacturer or non-producer and specific Government verifications have been identified as necessary and feasible to perform.
[70 FR 8543, Feb. 22, 2005, as amended at 75 FR 45074, Aug. 2, 2010; 85 FR 61504, Sept. 29, 2020]
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT

EASTERN DIVISION

BECKY WHITTINGTON, )

)

Plaintiff, )

)

v. ) Case No. 12 C 4361

)

EQUABLE ASCENT FINANCIAL, LLC, )

a Delaware limited liability company, and )

WELTMAN, WEINBERG & REIS CO., L.P.A. )

an Ohio limited professional association, )

)

Defendants. )

MEMORANDUM ORDER

This recently-brought action under the Fair Debt Collection Practices Act has been assigned

at random to this Court’s calendar. Counsel for plaintiff Becky Whittington, a Missouri citizen, is well

aware of the dim view this Court takes of such actions when their only meaningful connection to this

forum is the location of counsel’s offices, with all of the efforts at debt collection having emanated from

other states and being directed to the plaintiff at his or her residence elsewhere.

1

But in this instance Complaint ¶ 4 alleges as to one of the two defendants:

From its offices in Buffalo Grove, Illinois, Equable operates a nationwide delinquent

debt collection business, and attempts to collect debts from consumers in virtually every

state, including consumers in the State of Illinois.

If that allegation denotes Buffalo Grove as the location of co-defendant Equable’s hub, this Court’s area

of concern identified at the outset is not present. This Court is accordingly ordering its customary initial

status hearing, at which time it would expect to inquire into the validity of the premise referred to in the

preceding sentence.

__________________________________

Milton I. Shadur

Senior United States District Judge

Date: June 11, 2012

This should not be misunderstood as a view disfavoring the statute itself, which this Court 1

considers a commendable effort by Congress to curb undesirable practices in this area of activity.

Case: 1:12-cv-04361 Document #: 6 Filed: 06/11/12 Page 1 of 1 PageID #:23
The State of TexasAppellee



# Fourth Court of Appeals **San Antonio, Texas**

March 21, 2014

N o. 04

- 13

- 00667

- CR

Raymond Sandoval GARCIA

, Appellant

v. The STATE of Texas, Appellee

From the County Court at Law No. 7, Bexar County, Te xas Trial Court No. 383282 Honorable Genie Wright, Judge Presiding



### ORDER

On February 11, 2014, we abated this appeal for the trial court to conduct a hearing and make findings of fact regarding the circumstances surrounding the filing of the notice of appeal. The trial court’s findings of fact and a record of the hearing have been filed.

We reinstate the appeal on the docket of this court. The trial court found that sentence was imposed on August 2, 2013 . The notice of appeal was therefore due September 3, 201 3

. See T EX

. R. A PP

. P. 4.1, 26.2(a) (1)

. The trial court found that trial counsel deposited the notice of appeal in the mail on September 3, 2013

, but after 5:00 p.m., and the record reflects the notice of appeal was received and file

- stamped by the trial court clerk on September 5, 2013

. We conclude the notice of appeal was timely filed. See Taylor v. State , No. PD

- 0180

- 13, 2014 WL 440990, at *4 (Tex. Crim. App. Feb. 5, 2014)

.

We retain the appeal on the docket and order the court reporter, Paula J. Cloud, to file the reporter’s record b y April 21, 2014

.

_________________________________ Luz Elena D. Chapa, Justice

IN WIT NESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of March, 2014

.

___________________________________ Keith E. Hottle Clerk of Court
#### 2406.303 Justifications.

Justifications for Other Than Full and Open Competition must be prepared and approved using the latest version of HUD Form 24012.

[81 FR 13750, Mar. 15, 2016]
III 

115TH CONGRESS 

1ST SESSION S. RES. 329 

Expressing support for the designation of October 2017 as ‘‘National 

Audiology Awareness Month’’. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 9, 2017 

Ms. WARREN (for herself, Mr. GRASSLEY, and Ms. HASSAN) submitted the 

following resolution; which was considered and agreed to 

RESOLUTION 

Expressing support for the designation of October 2017 as 

‘‘National Audiology Awareness Month’’. 

Whereas, according to the Centers for Disease Control and 

Prevention, hearing loss is the third most common chronic physical condition in the United States; 

Whereas the National Institute on Deafness and Other Communication Disorders and the Centers for Disease Control and Prevention have found that 24 percent of adults 

in the United States, or 40,000,000 individuals, may 

have noise-induced hearing loss in 1 or both ears; 

Whereas, although the prevalence of hearing loss increases 

with age, approximately 40 percent of individuals with 

hearing loss are under the age of 60; 


rfrederick on DSKBCBPHB2PROD with BILLS
2 

•SRES 329 ATS 

Whereas people frequently delay seeking assessment and 

treatment for their hearing loss; 

Whereas audiologists are health care professionals who diagnose, treat, and manage hearing loss and balance disorders; 

Whereas audiologists treat patients in many different settings, including private practice, hospitals, schools, Veterans Health Administration hospitals, and otolaryngology offices; 

Whereas October 2017 would be an appropriate month to 

designate as ‘‘National Audiology Awareness Month’’; 

and 

Whereas there is a need for greater awareness on the part 

of the public regarding issues related to the hearing and 

balance care provided by audiologists: Now, therefore, be 

it 

1 Resolved, That the Senate— 

2 (1) supports the designation of October 2017 as 

3 ‘‘National Audiology Awareness Month’’; and 

4 (2) recognizes the actions of audiologists, in5 cluding clinicians, researchers, and others who work 

6 to improve the well-being of individuals with hearing 

7 loss and balance disorders. 

Æ 


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U.S. DEPARTMENT OF THE INTERIOR

U. S. GEOLOGICAL SURVEY

TEXAS

ADJOINING 7.5' QUADRANGLES

QUADRANGLE LOCATION

TX 35102-333

BECK RANCH, TX

2010

Interstate Route State Route

ROAD CLASSIFICATION

Interstate Route US Route State Route

Ramp 4WD

US Route Local Road

BECK RANCH QUADRANGLE

TEXAS

7.5-MINUTE SERIES

1000 500 0 METERS 1000 2000

1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000

FEET

This map was produced to conform with version 0.5.10 of the

draft USGS Standards for 7.5-Minute Quadrangle Maps.

A metadata file associated with this product is also draft version 0.5.10

SCALE 1:24 000

1 0.5 0 1

MILES

1 0.5 0 KILOMETERS 1 2

Zone 13S

Imagery...................................................NAIP, August 2008

Roads.....................................US Census Bureau TIGER data

with limited USGS updates, 2005

Names...............................................................GNIS, 2008

Hydrography.................National Hydrography Dataset, 1995

Contours............................National Elevation Dataset, 2002

North American Datum of 1983 (NAD83)

World Geodetic System of 1984 (WGS84). Projection and

1 000-meter grid: Universal Transverse Mercator,

Produced by the United States Geological Survey

10 000-foot ticks: Texas Coordinate System of 1983

(north zone)

MN

GN

UTM GRID AND 2010 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET

1° 13 ́

21 MILS

7° 42 ́

137 MILS

U.S. National Grid

100,000-m Square ID

Grid Zone Designation

13S

FV

CONTOUR INTERVAL 10 FEET
#### 227.304-1 General.

Interim and final invention reports and notification of all subcontracts for experimental, developmental, or research work may be submitted on DD Form 882, Report of Inventions and Subcontracts.

[56 FR 36389, July 31, 1991, as amended at 57 FR 53600, Nov. 12, 1992; 76 FR 76320, Dec. 7, 2011]
<TABLE>
<CAPTION>
Statements re computation of per share earnings                         Exhibit 11
(In Thousands Except for Per Share Data)

                                                        Year ended December 31
                                                  ---------------------------------
                                                     1999        1998        1997
                                                  ---------   ---------   ---------
<S>                                               <C>         <C>         <C>
BASIC NET INCOME PER SHARE
Weighted average common stock outstanding.......    10,616      10,521      10,396
                                                  =========   =========   =========
Net income......................................   $22,375     $20,213     $17,915
                                                  =========   =========   =========
Basic net income per share......................     $2.11       $1.92       $1.73
                                                  =========   =========   =========

DILUTED NET INCOME PER SHARE
Weighted average common stock outstanding.......    10,616      10,521      10,396

Common equivalent shares for stock options using
    the treasury stock method...................       153         217         181
                                                  ---------   ---------   ---------
Weighted average shares outstanding.............    10,769      10,738      10,577
                                                  =========   =========   =========
Net income......................................   $22,375     $20,213     $17,915
                                                  =========   =========   =========
Diluted net income per share....................     $2.08       $1.88       $1.70
                                                  =========   =========   =========

</TABLE>
All share and per share information has been adjusted for the 3% stock
dividend declared in November 1999.
UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 5.0.3

Eastern Division

A.S.A.P. Fabrication, Inc.

Plaintiff,

v. Case No.: 1:12−cv−05669

Honorable John A. Nordberg

Midwest Salt, LLC, et al.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Monday, December 10, 2012:

 MINUTE entry before Honorable John A. Nordberg: Pursuant to Fed. R. Civ. P.

41(a)(1)(A)(ii), the parties hereby stipulate to the dismissal of Plaintiff A.S.A.P.

Fabrication, Inc.s individual claims against Defendant Midwest Salt, LLC with prejudice

and without costs. Plaintiff A.S.A.P. Fabrication, Inc.s class claims against Defendant

Midwest Salt, LLC are dismissed without prejudice and without costs. Plaintiffs

individual claims against John Does 1−10 are dismissed with prejudice and without costs,

pursuant to Federal Rule of Civil Procedure 41. Civil case terminated. Mailed notice(tlp, )

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-05669 Document #: 27 Filed: 12/10/12 Page 1 of 1 PageID #:93
#### Hyman Fenster et al., Appellants, v Michael Smith et al., Respondents.

[832 NYS2d 572]

Order, Supreme Court, New York County (Louis B. York, J.), entered January 4, 2006, which, in an action for legal malpractice, granted defendant Smith’s motion to dismiss the action as against him for failure to state a cause of action, unanimously affirmed, without costs. Order, same court and Justice, entered February 1, 2006, which, insofar as appealed from, granted defendant Mondora’s motion to dismiss, as time-barred, so much of plaintiffs’ claim as is based on his failure to institute suit against Dr. Bernstein, unanimously reversed, on the law, without costs, the motion denied and that portion of plaintiffs claim reinstated.

Accepting the facts alleged in the complaint as true and affording plaintiffs the benefit of every possible favorable inference *(Leon v Martinez,*84 NY2d 83, 87-88 [1994]), the complaint against defendant Smith was properly dismissed since plaintiffs failed to demonstrate that they would have been successful in the underlying proceeding but for Smith’s alleged malpractice *(see Davis v Klein,*88 NY2d 1008, 1009-1010 [1996]; *Hand v Silberman,*15 AD3d 167 [2005], *lv denied*5 NY3d 707 [2005]). The court properly considered Smith’s affidavit since factual allegations presumed to be true on a CPLR 3211 motion may properly be negated by affidavits and documentary evidence *(see Wilhelmina Models, Inc. v Fleisher,*19 AD3d 267, 269 [2005]).

However, the court erred in dismissing that portion of the cause of action against defendant Mondora alleging that he was negligent for failing to bring suit against Dr. Bernstein since there are sufficient allegations with respect to the application of the continuous representation doctrine *(cf. CLP Leasing Co., LP v Nessen,*12 AD3d 226 [2004]).

*232In light of the foregoing, we find no basis to impose sanctions against plaintiffs’ counsel.

We have considered plaintiffs’ remaining contentions and find them without merit. Concur—Andrias, J.P, Friedman, Marlow, Williams and Catterson, JJ.
IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

VENTAS REALTY, LIMITED 

PARTNERSHIP, 

V. 

ALC CVMA, LLC, ALC GGMG, LLC, 

ALC HTIF, LLC, ALC PEDG, LLC, ALC 

TPCG, LLC, ALC TISSC, LLC, ALC 

TSKG, LLC, ALC WRWG, LLC, and 

ASSISTED LIVING CONCEPTS, INC., 

Defendants. 

No.: 12-cv-3107 

Judge Ronald A. Guzman 

Magistrate Judge Sidney I. Schenkier 

NOTICE OF DEPOSITION OF ASSISTED LIVING CONCEPTS, INC. 

Please take notice that Plaintiff Ventas Realty, Limited Partnership ("Ventas") will take 

the deposition of Defendant Assisted Living Concepts, Inc. ("ALC") at 1:00 p.m. on June 7, 

2012 pursuant to Fed. R. Civ. P. 30(b)(6). The deposition will take place at the offices of 

Quarles & Brady LLP, 411 E. Wisconsin Ave. Milwaukee, WI 53202. Pursuant to Rule 

30(b)(6), ALC is required to designate one or more persons who shall testify knowledgeably 

about the subjects listed on the attached Exhibit A. The deposition will be recorded by 

videotape and/or stenographic means. 

Case: 1:12-cv-03107 Document #: 41-4 Filed: 06/05/12 Page 1 of 4 PageID #:1317
Dated: May 31, 2012 Respectfully submitted, 

VENTAS REALTY, LIMITED PARTNERSHIP 

By: &C.-- 

One of Its Attorneys 

Roger H. Stetson 

John W. Roberts 

Brandon Prosansky 

Rupa Rajagopalan 

BARACK FERRAZZANO KIRSCHBAUM & NAGELBERG LLP 

200 West Madison Street, Suite 3900 

Chicago, Illinois 60606 

Tel: (312) 984-3100 

Case: 1:12-cv-03107 Document #: 41-4 Filed: 06/05/12 Page 2 of 4 PageID #:1318
EXHIBIT A 

MATTERS FOR WHICH EXAMINATION IS REQUESTED 

1. The "possible irregtdarities" ALC is investigating in connection with the "lease with 

Ventas" referenced in ALC's May 4, 2012 Form 8-K filing. 

2. The subject(s) of the ongoing internal investigation as referenced in ALC's May 14, 

2012 Form 8-K filing. 

3 

Case: 1:12-cv-03107 Document #: 41-4 Filed: 06/05/12 Page 3 of 4 PageID #:1319
CERTIFICATE OF SERVICE 

The undersigned, an attorney, hereby certifies that on May 31, 2012, he caused a copy of 

the foregoing Notice of Deposition of Assisted Living Concepts, Inc. to be served on the 

following via e-mail: 

Leonard S. Shifflett 

Quarles & Brady LLP 

300 North LaSalle Street 

Suite 4000 

Chicago, Illinois 60654 

Roger H. Stetson 

4 

Case: 1:12-cv-03107 Document #: 41-4 Filed: 06/05/12 Page 4 of 4 PageID #:1320
<PAGE>   1
                                                                EXHIBIT 20.05


               AMENDMENT NO. 1 TO AGREEMENT OF PURCHASE AND SALE


     THIS AMENDMENT NO. 1 TO AGREEMENT OF PURCHASE AND SALE is made as of March
5, 1996 by and between CALIFORNIA JOCKEY CLUB, a Delaware corporation ("Seller")
and LEE IACOCCA & ASSOCIATES, INC., a Michigan corporation ("Purchaser").

     A.  Seller and Purchaser have entered into an Agreement of Purchase and
Sale (the "Agreement") dated December 21, 1995 relating to certain real property
located in San Mateo, California and commonly known as the Bay Meadows Training
Track (the "Subject Real Property"), which is a part of property owned by Seller
and referred to in the Agreement as "Bay Meadows."

     B.  Purchaser has requested and Seller is willing to grant additional time
for Purchaser to conduct its due diligence.

     NOW THEREFORE, the parties agree as follows:

     1.  The Approval Date, as defined in Section 3.1 of the Agreement is 
amended to be May 31, 1996.

     2.  All other terms and conditions of the Agreement shall remain
unchanged.


 CALIFORNIA JOCKEY CLUB                     LEE IACOCCA & ASSOCIATES, INC.

 By:_________________________               By:_________________________

 Its:_________________________              Its:_________________________