alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Office of Disciplinary Counsel *v.*Jackson.

[Cite as *Disciplinary Counsel v. Jackson*(1999), 84 Ohio St.3d 386.]

(No. 98-781

Submitted July 15, 1998

Decided January 13, 1999.)

*387
      *Jonathan E. Coughlan,*Disciplinary Counsel, *Lori J. Brown*and *Kevin L. Williams,*Assistant Disciplinary Counsel, for relator.

*Michael P. Jackson, pro se.*

*Per Curiam.*

We adopt the findings and conclusions of the board but not the recommended sanction. As we noted in *Toledo Bar Assn. v. Bell*(1997), 78 Ohio St.3d 88, 91, 676 N.E.2d 527, 529, “Our Ethical Considerations, specifically EC 1-5, which encourage lawyers to maintain high standards of professional conduct, do not countenance the use of epithets and racial slurs.” We said in *Toledo Bar Assn. v. Batt*(1997), 78 Ohio St.3d 189, 192, 677 N.E.2d 349, 352, that “an attorney has a duty to be civil to opposing counsel and the court.” In *Columbus Bar Assn. v. Riebel*(1982), 69 Ohio St.2d 290, 292, 23 O.O.3d 279, 280, 432 N.E.2d 165, 166-167, where an attorney used offensive and abusive language against opposing counsel and his client, we issued a public reprimand, saying:

“It is within the real meaning and intent of our Code of Professional Responsi-. bility that lawyers should always be cognizant of the necessity for good manners, courtesy and discourse, both to client and other practitioners, as being part of our professional ethics.

“The zeal employed by an attorney in guarding the interests of his clients must always be tempered so as not to inject his personal feelings or display a *388demeanor that subjects parties to a proceeding or opposing counsel to certain indignities.”

Our review of the record in this case suggests that respondent’s conduct might have been a reaction to aggressive behavior by opposing counsel. Nevertheless, respondent was not justified in failing to maintain his composure. Part of the role of an attorney is to remove himself from the emotions of the moment and provide objective counsel and representation to clients. To perform that role, attorneys must hold themselves to the highest standards of professionalism. The facts in this case indicate that respondent should receive a public reprimand, and it is so ordered. Costs are taxed to respondent.

*Judgment accordingly.*

Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook'and Lundberg Stratton, JJ., concur.

Moyer, C.J., would suspend respondent from the practice of law for six months, stayed.
#### § 50.01-20 OMB control numbers assigned pursuant to the Paperwork Reduction Act.

(a) *Purpose.* This section collects and displays the control numbers assigned to information collection and recordkeeping requirements in this subchapter by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 *et seq.*). The Coast Guard intends that this section comply with the requirements of 44 U.S.C. 3507(f) which requires that agencies display a current control number assigned by the Director of the OMB for each approved agency information collection requirement.

(b) *Display.*

| 46 CFR Part or Section where Identified or Described | Current OMB Control No. |
| --- | --- |
| Parts 50 through 64 | 1625-0097 |

[49 FR 38120, Sept. 27, 1984, as amended by CGD 88-072, 53 FR 34297, Sept. 6, 1988; USCG-2004-18884, 69 FR 58345, Sept. 30, 2004]
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Series 150 Advisory Circulars (ACs) for Airport Projects

# AC 25-21 - Certification of Transport Airplane Structure (Cancelled)

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## Document Information

- Number
- 25-21
- Title
- Certification of Transport Airplane Structure
- Date cancelled
- 2017-03-21
- Cancellation notes
- Transport Standards Staff, ANM-111 Memo Attached
- Date issued
- 1999-09-01
- Office of Primary Responsibility
- ANM-110
- Description
-  	Provides guidance to airplane manufacturers, modifiers, foreign regulatory authorities, and FAA transport airplane type certification engineers and their designees. 
- Content
-    -  Cancellation Memo AC 25-21  (PDF) 
  -  AC 25-21  (PDF) 

## View All

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## Export All

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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff, 

Criminal No. 15-cr-20382 

v. 

HON. VICTORIA A. ROBERTS

D-1 PAUL NICOLETTI, 

Defendant. 

 / 

STIPULATION AND ORDER PERMITTING EXTENSION 

OF TIME TO RESPOND TO DEFENDANT’S OBJECTIONS 

TO MAGISTRATE’S ORDER DENYING DISCOVERY MOTION (Doc.#38) 

The parties, through BARBARA L. McQUADE, U.S. Attorney, and Craig 

A. Weier, Assistant U.S. Attorney, for the United States, and John R. Minock for 

D-1 PAUL NICOLETTI, hereby stipulate to permit the government to respond to 

Defendant’s Objections to Magistrate’s Order Denying Defendant’s Motion for 

Discovery (Doc. #38) on or before December 30, 2016. The government’s 

response to this non-dispositive motion is now due by December 14, 2016 (E.D. 

Mich. LR 7.1(e)(2)(B); Text Only Order of 11/30/2016). The parties also 

stipulate that the Reply, if any, shall be filed on or before hall be filed on or before 

January 9, 2017. 

Respectfully submitted, 

BARBARA L. McQUADE 

2:15-cr-20382-VAR-MKM Doc # 40 Filed 12/19/16 Pg 1 of 3 Pg ID 476
United States Attorney 

s/CRAIG A. WEIER (P33261) 

Assistant United States Attorney 

211 W. Fort Street, Suite 2001 

Detroit, MI 48226 

Phone: (313) 226-9678 

 E-Mail: craig.weier@usdoj.gov 

s/JOHN R. MINOCK 

Attorney for D-1 Paul Nicoletti 

Cramer, Minock & Sweeney PLC 

339 E Liberty St, Ste 200 

Ann Arbor, MI 48104 

(734) 668-2200 

 jminock@cramerminock.com 

 December 14, 2016 

SO ORDERED. 

S/Victoria A. Roberts 

HONORABLE VICTORIA A. ROBERTS 

UNITED STATES DISTRICT JUDGE 

Date: December 19, 2016 

CERTIFICATE OF SERVICE 

 I hereby certify that on Friday, December 16, 2016, I electronically filed the 

foregoing document with the Clerk of the Court using the CM/ECF system which 

will send notification of such filing to the following: 

2:15-cr-20382-VAR-MKM Doc # 40 Filed 12/19/16 Pg 2 of 3 Pg ID 477
John R. Minock 

 I further certify that I have mailed by United States Postal Service the 

document to the following non-CM/ECF participants: 

N/A 

 s/Craig A. Weier

 Craig A. Weier 

 Assistant United States Attorney 

 211 W. Fort Street, Suite 2001 

 Detroit, MI 48226 

 Craig.Weier@usdoj.gov 

 (313) 226-9678 

 P33261 

2:15-cr-20382-VAR-MKM Doc # 40 Filed 12/19/16 Pg 3 of 3 Pg ID 478
* Pursuant to 5TH CIR. R. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-20513

Summary Calendar

 

DWAYNE ALLEN ROE,

Plaintiff-Appellant,

versus

JESS HOWELL; SPARKMAN, Lt.; HIENZE, Cpl;

MARK HOFFA; JERRY MICHNA,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-95-CV-1524

- - - - - - - - - -

May 18, 1998

Before JOLLY, BENAVIDES and PARKER, Circuit Judges.

PER CURIAM:*

Dwayne Allen Roe, Texas prisoner #683943, appeals from the

dismissal of his civil rights complaint for failure to state a

claim and from the denial of his motion for a default judgment. 

The appellees move for leave to file a response to Roe’s reply

brief; their motion is DENIED. Roe moves for leave to reply to

the appellees’ proposed response to his reply brief; Roe’s motion

is DENIED.
No. 96-20513

-2-

Roe contends that the appellees deprived him of his right of

access to the courts; that the appellees were not entitled to

qualified immunity; that Wharton County, Texas, is liable for

pursuing a policy of denying library access; that the district

court erred by dismissing his complaint with prejudice; and that

the district court erred by denying his motion for default

judgment. Regarding his access-to-the-courts and defaultjudgment contentions, we have reviewed the record and the briefs

of the parties and we find no reversible error. Accordingly, we

affirm the judgment regarding those contentions for essentially

the reasons relied upon by the district court. Roe v. Howell,

No. H-95-1524 (S.D. Tex. May 3, 1996); Roe v. Howell, No. H-95-

1524 (S.D. Tex. Feb. 7, 1996).

Because Roe’s access-to-the-courts claim is unavailing, we

do not consider Roe’s contentions regarding qualified immunity or

county liability. Because Roe has pleaded his best case and has

failed to state a claim, the district court did not err by

dismissing his complaint with prejudice. Jacquez v. Procunier,

801 F.2d 789, 793 (5th Cir. 1986).

Roe contends for the first time in his reply brief that he

should be allowed to pursue his claims against the appellees in

their individual capacities. We will not consider Roe’s

contention. United States v. Hoster, 988 F.2d 1374, 1383 (5th

Cir. 1993).

AFFIRMED.
exv10w3a



 






EXHIBIT 10.3a




ARTICLE 10 – CONVERSION OF JV INTERESTS




     10.1 Membership Interest Conversion Right. Anytime within the first two years after
the date of this Agreement, Playentertainment shall have the right (the “Membership Interest
Conversion Right”), at its option at any time, to convert its Membership Interest (except that upon
any liquidation of the JV the right of conversion shall terminate at the close of business on the
business day fixed for payment of the amount distributable to the Members) into 200,000 of fully
paid and nonassessable shares of Common Stock obtained by exchanging the Playentertainment’s
Membership Interest. Such right of conversion shall be exercised by Playentertainment by giving
written notice to Teknik of its election to convert its Membership Interest into Common Stock at
any time during Teknik’s usual business hours on the date set forth in such notice, together with a
statement of the name or names (with address) in which the certificate or certificates for shares
of Common Stock shall be issued.



     10.2 Issuance of Certificates; Time Conversion Effected. Promptly after the receipt
of the written notice referred to in Section 10.1 of the Membership Interest to be converted,
Teknik shall issue and deliver, or cause to be issued and delivered, to Playentertainment,
registered in such name or names as Playentertainment may direct, a certificate or certificates for
the number of whole shares of Common Stock issuable upon the conversion of the Membership Interest.
To the extent permitted by law, such conversion shall be deemed to have been effected and the
Membership Interest Conversion Value and the per share value of the Common Stock shall be
determined as of the close of business on the date on which such written notice shall have been
received by Teknik, and at such time the rights of Playentertainment in respect of the JV shall
cease, and the person or persons in whose name or names any certificate or certificates for shares
of Common Stock shall be issuable upon such conversion shall be deemed to have become the holder or
holders of record of the shares of Common Stock represented thereby.



     10.3 No Fractional Shares. No fractional shares shall be issued upon conversion of
the Membership Interest into Common Stock. If any fractional share of Common Stock would, except
for the provisions of the first sentence of this Section 10.3. be delivered upon such conversion,
Teknik, in lieu of delivering such fractional share, shall pay to Playentertainment upon conversion
an amount in cash equal to the current market price of such fractional share as determined in good
faith by the Board of Directors of Teknik.



     10.4 Change of Control of Teknik. Upon a Change of Control of Teknik,
Playentertainment shall have the right to exercise its Membership Interest Conversion Right under
this Article 10 following the Change of Control but prior to the dissolution of the JV.



Initials:                    

Initials:                    




Dated: September 2004.
```

[Journal of the House of Representatives, 1995]
[Wednesday, March 8, 1995 (40), Para 40.24 Clerk to Correct Engrossment]
[Page 352]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.40.24  clerk to correct engrossment

  On motion of Mr. FIELDS of Texas, by unanimous consent,
  Ordered, That in the engrossment of the foregoing bill, the Clerk be 
authorized to correct section numbers, punctuation, cross references, 
and to make other technical corrections.
```
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         172,042
<SECURITIES>                                         0
<RECEIVABLES>                                  157,533
<ALLOWANCES>                                  (30,000)
<INVENTORY>                                    334,626
<CURRENT-ASSETS>                               647,010
<PP&E>                                       2,985,056
<DEPRECIATION>                               (421,919)
<TOTAL-ASSETS>                               8,079,596
<CURRENT-LIABILITIES>                          922,737
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         3,309
<OTHER-SE>                                   6,925,436
<TOTAL-LIABILITY-AND-EQUITY>                 8,079,596
<SALES>                                        414,976
<TOTAL-REVENUES>                             1,760,841
<CGS>                                          377,963
<TOTAL-COSTS>                                  995,995
<OTHER-EXPENSES>                             1,803,906
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (31,026)
<INCOME-PRETAX>                            (1,101,022)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,101,022)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,101,022)
<EPS-PRIMARY>                                   (0.36)
<EPS-DILUTED>                                   (0.36)


</TABLE>
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 Cancer Immunopathology and Immunotherapy Study Section, June 14, 2007, 8 a.m. to June 15, 2007, 5 p.m. The Madison Loews Hotel, 1177 15th Street, NW., Washington, DC 20005 which was published in the                     **Federal Register**                     on May 21, 2007, 72 FR 28515-27517.                

The meeting will be held June 14, 2007, 8 a.m. to 7 p.m. at the Marriott Bethesda North Hotel & Conference Center, 5701 Marinelli Road, Bethesda, MD 20852. The meeting is closed to the public.

Dated: May 25, 2007.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 07-2763 Filed 6-1-07; 8:45 am]

BILLING CODE 4140-01-M
<PAGE>




                                                                      EXHIBIT 11

                     COMPUTER NETWORK TECHNOLOGY CORPORATION
   Statement Re: Computation of Net Income (Loss) Per Basic and Diluted shares
                      (in thousands, except per share data)
                                   (Unaudited)


<TABLE>
<CAPTION>
                                             Net            Weighted
                                            Income       Average Shares       Per share
                                            (Loss)        Outstanding           Amount
                                           --------      ---------------      ---------

<S>                                    <C>              <C>                   <C>
   Three Months Ended October 31,
    2002:
     Basic                             $      (864)          26,896           $    (.03)
     Dilutive effect of employee
     awards and options(1)                       -                -                  -
   --------------------------------------------------------------------------------------
     Diluted                           $      (864)          26,896           $    (.03)
   ======================================================================================

   Three Months Ended October 31,
    2001:
     Basic                             $      2,398          29,923           $     .08
     Dilutive effect of employee
     awards and options(1)                       -            1,272                  -
   --------------------------------------------------------------------------------------
     Diluted                           $      2,398          31,195           $     .08
   ======================================================================================

   Nine Months Ended October 31,
    2002:
     Basic                             $   (16,735)          28,574           $    (.59)
     Dilutive effect of employee
     awards and options(1)                       -                -                  -
   --------------------------------------------------------------------------------------
     Diluted                           $   (16,735)          28,574           $    (.59)
   ======================================================================================

   Nine Months Ended October 31,
    2001:
     Basic                             $    (4,978)          29,806           $    (.17)
     Dilutive effect of employee
     awards and options(1)                       -                -                  -
   --------------------------------------------------------------------------------------
     Diluted                           $    (4,978)          29,806           $    (.17)
   ======================================================================================
</TABLE>




(1)     Potential dilutive securities, consisting of convertible notes,
        outstanding stock options and shares issuable under the employee stock
        purchase plan, are excluded from the computation of diluted net loss per
        share due to their anti-dilutive effect.
| (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                as of and for the period covered by the                Report. |
|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:                August 8, 2008 | /s/                Gilbert J. Pomar, III             |
|-------------------------------------|------------------------------------------------------|
|                                | Gilbert                J. Pomar, III                 |
|                                | President                and Chief Executive Officer |
|                                |                                                 |
| Date:                August 8, 2008 | /s/                Valerie A. Kendall                |
|                                | Valerie                A. Kendall                    |
|                                | Executive                Vice President              |
|                                | and                Chief Financial Officer           |

----
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 Independence Holding Company (the "Company") on Form 10-Q for the period ending March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Teresa A. Herbert, Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge: 

(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.