alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Michael Oakley, Respondent, v Police Property Clerk of Nassau County, Appellant.

In a proceeding pursuant to CPLR article 78 to compel the Police Property Clerk of Nassau County to return to petitioner a sum of money and various items of personal property which had been taken from his possession by Nassau County police officers upon his arrest for criminal possession of a controlled substance and for criminal possession of a weapon, the property clerk appeals from so much of a judgment of the Supreme Court, Nassau County, entered November 9, 1979, as directed that he return to petitioner said sum of money as well as certain other items of personal property. Judgment reversed insofar as appealed from, on the law, without costs or disbursements, and the proceeding is dismissed in its entirety on the merits. A notice of claim must be timely filed where the gravamen is the wrongful retention by a municipality of money or property after the disposition of a criminal action in the course of which the money or property had been seized. This filing requirement, as we noted in *Matter of Abramowitz v Guido*(61 AD2d 1045), may not be evaded by resort to a CPLR article 78 proceeding instead of an action in tort for conversion, or by an action upon the equitable principle of unjust enrich*817ment (see County Law, § 52; General Municipal Law, § 50-e; *Boyle v Kelley,*42 NY2d 88). Hopkins, J. P., Damiani, Titone and Mangano, JJ., concur.
SCWC-13-0001659

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

 

FRANCIS M. SHYANGUYA, Petitioner/Appellant-Appellant,

vs.

EMPLOYMENT SECURITY APPEALS REFEREES’ OFFICE; MR. ALAN WONG,

APPEALS OFFICER, Respondents/Appellees-Appellees,

and

THE RITZ-CARLTON HOTEL CO., LLC, 

Respondent/Real Party-In-Interest Employer/Appellee-Appellee.

 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-13-0001659; CIV. NO. 13-1-0149)

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Petitioner/Appellant-Appellant Francis M. Shyanguya’s

amended application for writ of certiorari filed on May 19, 2014,

is hereby rejected.

DATED: Honolulu, Hawai#i, June 6, 2014.

Francis M. Shyanguya,

petitioner pro se

Robyn M. Kuwabe for

respondents ESARO and

Appeals Officer

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson

Electronically Filed

Supreme Court

SCWC-13-0001659

06-JUN-2014

08:45 AM
***US Dept of Commerce / NOAA / OAR   / PMEL***

## PMEL Archived Planning Documents

### FY99

- FY99 Operating Plan   FY98    - FY98 Operating Plan  FY98 Accomplishments and FY99 PlansFY97- FY97 Operating Plan  FY97 Accomplishments and FY98 PlansFY96-  FY96 Operating Plan  PMEL Programs and Plans - Accomplishments in FY96, Plans for FY97
FY95-  Major PMEL Research Accomplishments  Recent Program Accomplishments and Current Activities
FY94-  FY94 Summary Report for PMEL     PMEL Home Page    Comments:   webmaster.pmel@noaa.gov
# 11.801 Preaward in-use evaluation.

*Supplies**may* be evaluated under comparable in-use conditions without a further test plan, provided *offerors* are so advised in the *solicitation*. The results of such tests or demonstrations *may* be used to rate the proposal, to determine technical acceptability, or otherwise to evaluate the proposal (see 15.305).

**Parent topic:**Subpart 11.8 - Testing
(April 10, 1969)

#### Arnold Bernhard *&*Co., Inc., Respondent, v. Finance Publishing Corporation et al., Appellants.

Order entered October 29, 1968, unanimously reversed, on the law, with $50 costs and disbursements to appellants, and summary judgment granted to defendants dismissing the complaint. The subject article published in defendant’s magazine is not libelous per se; it imputes nothing evil to plaintiff, nor does it charge either negligence or incompetence, consisting, as it does, of the sardonic recital of what at worst might be considered a single instance of mistaken exercise of business judgment on plaintiff’s part, without any imputation of fraud, deceit or malpractice. Nothing pleaded justifies an inference of malice, nor are special damages alleged. In sum, the complaint does not allege a cause in libel by any applicable standard. Concur— Stevens, P. J., Eager, Capozzoli, Markewich and Steuer, JJ.
**Exhibit 10.10****PROMISSORY NOTE****$981,000.00** **December 31, 2005**For value received, we promise to pay Chris Wyatt or order ***Nine Hundred Eighty OneThousand Exact*** dollars, in lawful money of the United States of America, payable in oneinstallment, together with interest at the rate of 8% per annum. The payment is to be made thirteenmonths from demand. If the said installment is not so paid, the whole of said principal sum andinterest is to become immediately due and collectible at the option of the holder of this note. Andin case suit action is instituted to collect this note or any portion thereof, I promise to paysuch additional sum as the Court may adjudge reasonable as attorney’s fees in said suit of action.This note supersedes all other notes.   Due: thirteen months from demand The Fashion House, Inc.   At: Los Angeles, CA       /s/John Hanna     John Hanna, President and CEO   Dated: _April 6, 2006       Chris Wyatt, Director
Case 4:97-cv0458-RH Document 103Filed 01/269Page 1of6Case 4:97-cv0458-RH Document 103Filed 01/269Page 2of6Case 4:97-cv0458-RH Document 103Filed 01/269Page 3of6Case 4:97-cv0458-RH Document 103Filed 01/269Page 4of6Case 4:97-cv0458-RH Document 103Filed 01/269Page 5of6Case 4:97-cv0458-RH Document 103Filed 01/269Page of6
Exhibit 10.1





Exhibit 10.1









Summary

Management Bonus Program




We believe providing a competitive Total Compensation Program to our employees is essential to
attract and retain top talent. One component of our Total Compensation Program is the Management
Bonus Program.



Program Goals:





	 	•	 	To motivate management to achieve and exceed goals and objectives






	 	•	 	To drive expanded team alignment and effort






	 	•	 	To meaningfully and appropriately differentiate and reward individual performance






	 	•	 	To provide a market completive short-term incentive compensation program





Program Components:




There are three components of the Management Bonus Program.




	1.	 	Corporate Multiplier — Upon completion of the year, the Board of Directors will make
an evaluation as to how the organization performed against its annual Corporate Goals. Based
upon the Board’s determination of the Company’s performance, a “Corporate Multiplier” will be
established. This Multiplier may range from 0% — 150%.






	2.	 	Bonus Targets by Level — Employees are eligible for a target percentage of base
salary dependent upon level in the organization.





	 	 	 	 	 
	Position	 	% of base at Target	 
	Chiefs
	 	 	40	%
	SVP/VPs
	 	 	30	%
	Sr. Directors/Directors
	 	 	20	%
	Associate Directors/

Principal Scientists
	 	 	15	%







	 	•	 	If an employee is promoted to a new level during the course of the year, he/she
will be eligible for the new target for the prorated portion of the year and the old
target for the portion of the year he/she was at the previous level.






	 	•	 	Employees who were hired between April 1, and September 30, of a year, are eligible
for a prorated bonus based upon date of hire.






Effective 1/1/09




 


 









 
















	 	•	 	Employees who were hired between October 1, and December 31, of a year are not
eligible for a Management Bonus.






	 	•	 	Employees must be actively employed on the date the bonus is paid to receive their
bonus.






	3.	 	Individual Multiplier — Dependent upon year end performance ratings, employees will
be eligible for a bonus payout percentage of target that range as follows:





	 	 	 	 	 
	Performance Rating	 	Recommended Bonus Payout	 
	Exceptional
	 	120% + of target
	Exceeds Objectives
	 	105-120% of target
	Solid Performer
	 	80 - 105% of target
	Improvement Needed
	 	0-50% of target
	Unsatisfactory
	 	0% of target







	4. 	 	Calculation of Bonus — An employee’s bonus under this plan will be calculated
according to the following formula: Base Salary x Bonus Target Level x Corporate Multiplier x
Individual Multiplier.






	5. 	 	Payment of Bonus — Bonus payments will be made by the end of February each year and
employees must be employed on the pay out date to receive a bonus.





Effective 1/1/09
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

v. Case No. 3:20-cr-54-MCR

STEPHEN S. WILSON

_____________________________/

REPORT AND RECOMMENDATION

CONCERNING PLEA OF GUILTY

The Defendant, by consent, has appeared before me pursuant to Rule 11, Fed. 

R. Crim. P., and has entered a plea of guilty to Counts One and Two of the 

indictment. After cautioning and examining the Defendant under oath concerning 

each of the subjects mentioned in Rule 11, I determined the guilty plea was knowing 

and voluntary and the offense charged is supported by an independent basis in fact 

containing each of the essential elements thereof. I therefore recommend the plea 

of guilty be accepted and the Defendant be adjudicated guilty and have sentence 

imposed accordingly.

Dated: October 29, 2020

/s/ Hope Thai Cannon HOPE THAI CANNON

UNITED STATES MAGISTRATE JUDGE

Case 3:20-cr-00054-MCR Document 28 Filed 10/29/20 Page 1 of 2
Case No. 3:20-cr-54-MCR

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations may be filed 

within twenty-four (24) hours after being served a copy thereof. Any different 

deadline that may appear on the electronic docket is for the court’s internal use 

only, and does not control. A copy of objections shall be served upon the 

magistrate judge and all other parties. A party failing to object to a magistrate 

judge's findings or recommendations contained in a report and 

recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) 

waives the right to challenge on appeal the district court's order based on 

unobjected-to factual and legal conclusions. See U.S. Ct. of App. 11th Cir. Rule 

3-1; 28 U.S.C. § 636.

Case 3:20-cr-00054-MCR Document 28 Filed 10/29/20 Page 2 of 2
#### § 3555.7 Exception authority.

The Administrator of the Agency, or a designee, may make an exception to any requirement or provision of this part or to address any omissions in this part, when the Administrator, or designee, determines that application of the requirement or failure to take action would adversely affect the Government's interest. Any exception must be consistent with the authorizing statute and other applicable laws.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

LADIES MEMORIAL ASSOCIATION

INC,

Plaintiff,

v. CASE NO. 3:20cv5681-MCR-EMT

CITY OF PENSACOLA, FLORIDA, 

et al.,

Defendants.

_________________________________/

ORDER

On appeal, the Eleventh Circuit concluded that the case should have been 

remanded to state court for lack of jurisdiction, not dismissed because the plaintiff 

lacked standing. Therefore, the order dismissing the case was reversed with 

instructions to remand under 28 U.S.C. § 1447(c). See ECF No. 55. The Eleventh 

Circuit’s mandate has now issued. ECF No. 56. Accordingly, pursuant to the 

judgment of Eleventh Circuit, the Clerk is directed to remand this case to the Circuit 

Court of the First Judicial Circuit in and for Escambia County, Florida, and close the 

file.

DONE AND ORDERED this 13th day of July 2022.

M. Casey Rodgers M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE

Case 3:20-cv-05681-MCR-ZCB Document 58 Filed 07/13/22 Page 1 of 1
#### § 3801.3 Requests for records.

Requests for records of WAOB shall be made in accordance with § 1.6 (a) and (b) of this title and addressed to: Economics Agencies FOIA Officer, Economics Management Staff, USDA, Room 4310, South Building, 12th and Independence Avenue SW., Washington, DC 20250. This official is delegated authority to make determinations regarding such requests in accordance with § 1.3(a)(3) of this title.
**Exhibit 23.1**

 

**Consent of Independent Registered PublicAccounting Firm**

 

We consent to the incorporationby reference in the Registration Statement (Form S-8 333-218594) pertaining to the 2017 Equity Incentive and 2017 Non-EmployeeDirector Plans of KCAP Financial, Inc. of our reports dated March 7, 2018, with respect to the consolidated financial statementsof KCAP Financial, Inc., and the effectiveness of internal control over financial reporting of KCAP Financial, Inc., includedin its Annual Report (Form 10-K) for the year ended December 31, 2017, filed with the Securities and Exchange Commission.

 

 

 

/s/ Ernst& Young LLP

New York, New York

March 7, 2018
Page 1 of 2

Case No.: 3:20cr56-TKW

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

v. Case No. 3:20cr56-TKW

TINA TERRELL

_______________________________/

REPORT AND RECOMMENDATION

CONCERNING PLEA OF GUILTY

The Defendant, by consent, has appeared before me pursuant to Rule 11, Fed. 

R. Crim. P., and has entered a plea of guilty to Count One of the Indictment. After 

cautioning and examining the Defendant under oath concerning each of the subjects 

mentioned in Rule 11, I determined the guilty plea was knowing and voluntary and 

the offense charged is supported by an independent basis in fact containing each of 

the essential elements thereof. I therefore recommend the plea of guilty be accepted 

and the Defendant be adjudicated guilty and have sentence imposed accordingly.

Dated this 8th day of January 2021.

/s/ Charles J. Kahn, Jr. 

CHARLES J. KAHN, JR.

UNITED STATES MAGISTRATE JUDGE

Case 3:20-cr-00056-TKW Document 106 Filed 01/08/21 Page 1 of 2
Page 2 of 2

Case No.: 3:20cr56-TKW

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations may be filed 

within twenty-four hours after being served a copy thereof. Any different 

deadline that may appear on the electronic docket is for the court’s internal use 

only, and does not control. A copy of objections shall be served upon the 

magistrate judge and all other parties. A party failing to object to a magistrate 

judge's findings or recommendations contained in a report and 

recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) 

waives the right to challenge on appeal the district court's order based on 

unobjected-to factual and legal conclusions. See U.S. Ct. of App. 11th Cir. Rule 

3-1; 28 U.S.C. § 636.

Case 3:20-cr-00056-TKW Document 106 Filed 01/08/21 Page 2 of 2
***Space Above Line Reserved for Recorder’s Use***

 

 

 

| 1. | Title of Document: | Assignment of Leases and Rents |
|----|--------------------|--------------------------------|

| 2. | Date of Document: | August -, 2006 |
|----|-------------------|----------------|

 

| 3. | Grantor(s): | Everest Bayberry, LP |
|----|-------------|----------------------|

 

| 4. | Grantee(s): | Lehman Brothers Bank, FSB |
|----|-------------|---------------------------|

 

| 5. | Statutory  Mailing Address: | Grantor: |
|----|-----------------------------|----------|

 

|   | Everest Bayberry, LP |
|--------|----------------------|

C/O Everest Properties

199 S. Los Robles Avenue, Suite 200

Pasadena, California 9 1 101

 

Grantee:

 

Lehman Brothers Bank, FSB

C/O Lehman Brothers, Inc.

1000 West Street

Wilmington, Delaware 19801

 

| 6. | Legal Description: | See ***Exhibit A***annexed to the document. |
|----|--------------------|---------------------------------------------|

 

| 7. | Reference(s) to Book(s) and Pages): | Not Applicable |
|----|-------------------------------------|----------------|

 

 

----
§ 3430.1005 Funding restrictions. ( a ) *Facility costs.* Funds made available under the Sun Grant Program shall not be used for the construction of a new building or facility or the acquisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement, and architect fees).
( b ) *Indirect cost provisions for regional competitive research, extension, and education grant programs.* Funds provided by NIFA to the Centers and Subcenter for the regional competitive grants program under § 3430.1004(a)(1) may not be used for the indirect costs of awarding the competitive grants. However, up to 4 percent of the total funds provided by NIFA to the Centers and the Subcenter under § 3430.1004 for the Sun Grant Program may be budgeted for administrative costs incurred in awarding the competitive grants.
( c ) *Indirect cost provisions for research, extension, and education activities conducted at the Centers and Subcenter.* Subject to § 3430.54, indirect costs are allowable for the funds provided by NIFA to the Centers and the Subcenter for the research, extension, and education programs under § 3430.1004(a)(2).
( d ) *Required allocations.* Each Center and Subcenter must fund subgrants in a proportion that is a minimum 30 percent for conducting multi-institutional and multistate research, extension, and education programs on technology development; and a minimum 30 percent for conducting integrated multi-institutional and multistate research, extension, and education programs on technology implementation. Each Sun Grant Center must clearly demonstrate a common procedure for ensuring the required allocations are met, and for maintaining documentation of these required percentages for audit purposes.
[75 FR 70580, Nov. 18, 2010, as amended at 81 FR 6418, Feb. 8, 2016]
[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Notices]
[Page 74706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30161]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR10-37-002]


Washington 10 Storage Corporation; Notice of Baseline Filing

November 23, 2010.
    Take notice that on November 19, 2010, Washington 10 Storage 
Corporation submitted a revised baseline filing of its Statement of 
Operating Conditions for services provided under section 311 of the 
Natural Gas Policy Act of 1978 (NGPA).
    Any person desiring to participate in this rate proceeding must 
file a motion to intervene or to protest this filing must file in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered 
by the Commission in determining the appropriate action to be taken, 
but will not serve to make protestants parties to the proceeding. Any 
person wishing to become a party must file a notice of intervention or 
motion to intervene, as appropriate. Such notices, motions, or protests 
must be filed on or before the date as indicated below. Anyone filing 
an intervention or protest must serve a copy of that document on the 
Applicant. Anyone filing an intervention or protest on or before the 
intervention or protest date need not serve motions to intervene or 
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 7 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#2c6a697e6f6342404542497f595c5c435e586c4a495e4f024b435a"><span class="__cf_email__" data-cfemail="c5838097868aaba9acaba096b0b5b5aab7b185a3a0b7a6eba2aab3">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on Friday, December 3, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-30161 Filed 11-30-10; 8:45 am]
BILLING CODE 6717-01-P


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Exhibit 32(ii)

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                         PURSUANT TO U.S.C. SECTION 1350

    In connection with the Form 10-K of National  Bankshares,  Inc. for the year
ended December 31, 2005, I, J. Robert Buchanan,  Treasurer of National
Bankshares,  Inc., hereby certify pursuant to 18 U. S. C. Section 1350, as
adopted  pursuant to section 906 of the  Sarbanes-Oxley  Act of 2002, to the
best of my knowledge and belief that:

(1) such Form 10-K for the year ended December 31, 2005, fully complies
   with the requirements of section 13(a) or 15(d) of the Securties Act of
   1934; and

(2) the information contained in such Form 10-K for the year ended
   December 31, 2005, fairly presents in all material respects, the
   financial condition and results of operations of National Bankshares,
   Inc.




/s/ J. ROBERT BUCHANAN
-----------------------------
J. Robert Buchanan
Treasurer
(Principal Financial Officer)
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-END>                                   DEC-31-1998
<CASH>                                         196
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               196
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 196
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       694,537
<OTHER-SE>                                     (694,341)
<TOTAL-LIABILITY-AND-EQUITY>                   196
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   0
<EPS-BASIC>                                  0
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</TABLE>