alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>


                                                                   EXHIBIT 10.21

                                   EXHIBIT A
                                   ---------

                                PROMISSORY NOTE

$61,250                                                      September 1st, 1999


For value received, the undersigned promises to pay to Therasense, Inc., a
California corporation (the "Company"), or order, at its principal office the
principal sum of $61,250.00 without interest. Said principal shall be due on the
earlier September 1, 2003, or (ii) the undersigned's termination of
employment with or services to the Company.

Should suit be commenced to collect this Note or any portion thereof, such
sum as the Court may deem reasonable shall be added hereto as attorneys' fees.
The maker waives presentment for payment, protest, notice of protest, and notice
of non-payment of this Note.

This Note is secured by a pledge of 175,000 shares of Common Stock of the
Company, pursuant to the provisions of the Restricted Common Stock Purchase
Agreement between the Company and the undersigned executed contemporaneously
with this Note.

The holder of this Note shall have full recourse against the maker, and shall
not be required to proceed against the Shares or other collateral securing this
Note in the event of default.

                                             /s/ Charlie Liamos
                                             ---------------------------
                                             Charlie Liamos
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

November 29, 2007 Clifford W. Taylor, Chief Justice
134649 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 134649 COA: 274195 Wayne CC: 02-012459 STEPHEN JOHNSON, JR., Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appe al the June 18, 2007 order of the Court of Appeals is considered, a nd it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).

s1119 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 29, 2007

Clerk
#### Ms. Caroline S. BLUM and Ms. Nancy P. Steinhardt v. Louis H. MARRERO and Seale Pest Control Corp.

No. 60140.

Supreme Court of Louisiana.

Sept. 16, 1977.

In re: Seale Pest Control Corporation applying for certiorari, or writ of review, to *873the Court of Appeal, Fourth Circuit, Parish of Orleans. 346 So.2d 356.

Application denied; no error of law in the court of appeal opinion.
## The Honorable Andrew W. Bogue, United S tates District Judge for the District 1 

## of South Dakota, sitting by designation. The Honorable Warren K. Ur bom, United States District Judge for the District 2 

## of Nebraska. United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 96-3560

___________ Sidney Carl Vann, *

Appellant, * v. * District Court for the Frank X. Hopkins, *

Appellee. * * * Appeal from the United States * District of Nebraska. * [UNPUBLISHED] *

___________ Submitted: June 10, 1997 Filed: June 13, 1997

___________ Before MURPHY and HEANEY, Circuit Judges, and BOGUE, District Judge. 1

___________ PER CURIAM. Sidney Vann appeals from the denial by the district court of hi s 2 petition for habeas r elief under 28 U.S.C. § 2254. Vann was convicted in Nebraska of possession with intent to deliver a controlled substance and sentenced as a habitual offender to 15

## -2-

to 25 years in prison. The police found drugs i n plain view after gaining access to Vann's hote l room on an arrest warrant for theft charges. Vann claims his constitutional rights were violated b y the failure of the state court to suppress the drugs because they were fo und and seized as a result of pretext and by the failure of trial and appellate counsel to litigate his Fourth Amendment claims effectively. The police did not violate Vann' s rights because they had an objective legal justi fication to proceed on the arrest warrant which led to the discovery of the drugs, United States v. Cummins , 920 F.2d. 498, 501 (8th Cir.), cert. de nied , 502 U.S. 962 (1991), and Vann was therefore not prejudiced by the representation of his counsel . See Kimmelman v. Morrison , 477 U.S. 365 (1986). The judgment is affirmed. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
1 John T. Boyd, Chi ef Justice (Ret.), Seventh Court of Ap peals, sitting by

assignment . NO. 07-01-0374 -CV IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L E FEBRUA RY 5, 2003

______________________________ DORIS JEAN WILLIAMS, JOH NNIE JU NE CAM PBELL, AND THE E STATEOF LEA VIRTA AUS TIN, D ECE ASE D, AP PELL ANTS V. DAMON HILL, M.D., APPELLEE

_________________________________ FROM THE237 TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2000-509,771-A; HONORAB LE SAM MEDI NA, JUD GE

_______________________________ Before JOHNSON, C.J., REAVIS, J. and BOYD, S.J. 1 MEM ORANDU M OPIN ION Appellants Dor is Jea n William s, J ohn nie June Cam pbell, and the Estate of Leavirta Austin, Deceased, filed a Motion to V oluntar i ly Dismiss A ppeal on October 29, 2002, averring that they no longer w ish to prosecute their appeal.W ithoutpassing on the m erits of the case, appellants ’ mo tion for voluntary dismissal

is granted and the appeal is hereby dismissed. Tex. R. App. P. 42.2. Having dismissed the appeal at appellants’ personal request, no m otion for rehearing will be entertained and our ma ndate will issue forthwith.

Phil Johnson Chief Justi ce
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

CHRISTOPHER MCGRATH, AKA David

Powers,

Defendant

- Appellant. No. 18

- 50158

D.C. No. 2:13

- cr

- 00285

- R

- 1

MEMORANDUM *

Appeal from the United States District Court

for the Central District of California

Manuel L. Real, District Judge, Presiding

Submitted May 17, 2019 **

Pasadena, California

Before: NGUYEN and OWENS, Circuit Judges, and BAYLSON, *** District

Judge.

Christopher McGrath appeals from the district court’s order revoking his

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

*** The Honorable Michael M. Baylson, United States District Judge for

the Eastern District of Pennsylvania, sitting by designatio n. 

# FILED

MAY 21 2019

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2

conditional release from commitment. This appeal arises from a 2013 trespassing

offense at Los Angeles Int ernational Airport, to which McGrath pled not guilty by

reason of insanity. As the parties are familiar with the facts, we do not recount

them here. We remand.

The parties agree that, under 18 U.S.C. § 4243(d), McGrath bore the burden

to prove “by a prep onderance of the evidence” that “his release would not create a

substantial risk of bodily injury to another person or serious damage of property of

another due to a present mental disease or defect.” The district court erred by

applying a heightened burd en of proof, requiring that McGrath “ guarantee to the

Court that he’s not a danger.” Accordingly , we remand for the district court to

apply the correct preponderance standard in the first instance

. See 18 U.S.C.

§ 4243(d).

In addition, w e instruct t he Chief Judge of the Central District of California

to reassign this case to a different district judge on remand because “reassignment

is advisable to preserve the appearance of justice.” United States v. Wells , 879

F.3d 900, 938 (9th Cir. 2018) (citati on omitted).

REMANDED with instructions to reassign to a different district court judge.
OR\G'NAL
 

UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRAE COMMISSION
 

) In 	 ) the Matter of 

) Docket No. 9327 

Polypore International, Inc. )
 PUBLIC

a corporation.
 ) 

) 

COMPLAIT COUNSEL'S AN RESPONDENT'S
 

JOINT STIPULATIONS OF FACT 

Complaint Counsel and Respondent hereby jointly stipulate to the following facts: 

1. f 

1 

2. On May 28 and 29, 2009, Douglas Gilespie ("Gilespie"), Vice President of 	 Global 

Procurement for Exide, testified at a hearing before the Administrative Law Judge in this matter. 

3. f 

4. f	 

1
 

1
 

November 16,2009	 Respectfully Submitted, 

, ~~ /:7/(1(

1. Robert Robertson 

Complaint Counsel
 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Telephone: (202) 326-2008
 
~.: W-/L II5IZW


Eric D. Welsh, Esq. · 

Respondent's Counsel 

Parker, Poe, Adams & Bernstein, LLP 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 335-9011 
CERTIFICATE OF SERVICE 

I hereby certify that on November 16,2009, I fied via hand delivery an original and two 

copies ofthe foregoing public version of Complaint Counsel's and Respondent's Joint 

Stipulations of Fact with:
 

Donald S. Clark, Secretar 

Office of the Secretar 

Federal Trade Commission 

600 Pennsylvana Avenue, NW, Rr. H-135 

Washington, DC 20580 

I hereby certify that on November 16,2009, I served via hand and electronic mail 

delivery two copies of the foregoing public version of Complaint Counsel's and Respondent's 

Joint Stipulations of Fact with:
 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

oaliêftc.gov 

I hereby certify that on November 16,2008, I served via electronic and first class mail 

delivery a copy of the foregoing public version of 
 Complaint Counsel's and Respondent's Joint 

Stipulations of Fact with:
 

Wiliam L. Rikard, Jr., Esq. 

Eric D. Welsh, Esq. 

Parker, Poe, Adams & Bernstein, LLP 

401 South Tryon Street, Suite 3000 

Charlotte, North Carolina 28202 

willarikardcgarkerpoe.com 

ericwelshêparkerpoe.com 

Linda D. Cunnngh 

Federal Trade Co ssion 

600 Pennsylvana Avenue, NW 

Washington, DC 20580 

Telephone: (202) 326-2638 

lcunninghamêftc. gov
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                           1,029
<SECURITIES>                                         0
<RECEIVABLES>                                      278
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 1,367
<PP&E>                                          27,381
<DEPRECIATION>                                  20,938
<TOTAL-ASSETS>                                   7,886
<CURRENT-LIABILITIES>                              419
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           122
<OTHER-SE>                                       4,120
<TOTAL-LIABILITY-AND-EQUITY>                     7,886
<SALES>                                            255
<TOTAL-REVENUES>                                   270
<CGS>                                                0
<TOTAL-COSTS>                                       90
<OTHER-EXPENSES>                                   291
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 171
<INCOME-PRETAX>                                  (553)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (553)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (553)
<EPS-PRIMARY>                                   (0.05)
<EPS-DILUTED>                                   (0.05)
        

</TABLE>
UNITED STATES

                       SECURITIES AND EXCHANGE COMMISSION

                             Washington, D.C. 20549

                             _______________________

                                    FORM 8-K

                                 CURRENT REPORT
                             _______________________

                     PURSUANT TO SECTION 13 OR 15(D) OF THE
                         SECURITIES EXCHANGE ACT OF 1934

                Date of Report (Date of earliest event reported):

                                 December 5, 2007

                       Diamond Hill Investment Group, Inc.
------------------------------------------------------------------------------
             (Exact Name of Registrant as Specified in its Charter)

                                      Ohio
------------------------------------------------------------------------------
                 (State or Other Jurisdiction of Incorporation)

             000-24498                              65-0190407
------------------------------------------------------------------------------
      (Commission File Number)         (I.R.S. Employer Identification No.)

      325 John H. McConnell Blvd, Suite 200, Columbus, Ohio         43215
------------------------------------------------------------------------------
      (Address of Principal Executive Offices)                    (Zip Code)

Registrant's Telephone Number, Including Area Code:   (614) 255-3333

------------------------------------------------------------------------------
          (Former Name or Former Address, if Changed Since Last Report)

<PAGE>

Item 8.01.     Other Events
- -------   --------------------------------------------

          As of November 30, 2007, preliminary assets under management totaled
$4.340 billion.  Following is a summary as of November 30, 2007 (in millions):

				         Equity    Fixed Income	    Total
Individually Managed Accounts 	        $   864	      $  123       $   987
Mutual Funds (including sub-advised)      2,695	         160         2,855
Private Investment Funds	   	    498            0           498
                                        -------       ------       -------
Total			       	        $ 4,057       $  283       $ 4,340

Investment Strategy
-------------------
Small and Small-Mid Cap         $    615
Large Cap and Select		   1,029
Long-Short		           2,417
Strategic and Fixed Income     	     279
				--------
Total			           4,340


                                    SIGNATURE
                                    ---------

     Pursuant to the  requirements  of the Securities  Exchange Act of 1934,
the registrant  has duly  caused  this  report  to be  signed  on its  behalf
by the undersigned hereunto duly authorized.

                                        DIAMOND HILL INVESTMENT GROUP, INC.


Date: Decemebr 5, 2007	                     By: /s/ James F. Laird
                                            -------------------------------
                                            James F. Laird, Chief Financial
                                            Officer and Secretary
No. 10538.

#### Tpie Citizens' Gas Light & Coke Co. *v.*Tpie Salvation Army.

Decided March 31, 1908.

Error to Circuit Court of Hancock county.

*Messrs. McConica & Dwiggins,*for plaintiff in error.

*Messrs. Poe & Poe,*for defendant in .error.

Judgment reversed for reasons stated in journal entry.

*406This court proceeding to render the judgment which the circuit court should have rendered hereby reverses the judgment of said court of common pleas for error in refusing to charge the jury as requested by plaintiff in error, said charge being on page 150 of the printed record of this case; also for error committed in the general charge to the jury on page 151 of the printed record. ' It is therefore considered by this court that said cause be remanded to the court of common pleas for new trial and for further proceedings according to law.

Sitauck, C. J., Price, Summers and Davis, JJ., concur.
#### Ex parte Kenneth E. HENLEY.

77-756.

Supreme Court of Alabama.

Sept. 15, 1978.

BLOODWORTH, Justice.

WRIT DENIED.

TORBERT, C. J., and FAULKNER, AL-MON and EMBRY, JJ., concur.
**EXHIBIT 32.02**

 

**Certification ofChief Financial OfficerFurnished Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

 

In connection with the AnnualReport of Versant Corporation (the “Company”) on Form 10-K for the year endedOctober 31, 2003, as amended by the Annual Report on Form 10-K/A, Amendment No.1  as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, LEE MCGRATH, as ChiefFinancial Officer of the Company, hereby certify, pursuant to 18 U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.               The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

2.               The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and result of operations of the Company for the annualperiod covered by the Report.

 

 
| /s/ Lee  McGrath         |   |
|--------------------------|--------|
|                     |
| Lee McGrath              |
| Chief  Financial Officer |
| February 27,  2004       |

 

 

A signed original of thiswritten statement required by section 906 has been provided to VersantCorporation and will be retained by Versant Corporation and furnished to theSecurities and Exchange Commission or its staff upon request.

 

----
#### Thomasine Griggs PAPY, formerly known as Thomasine G. Frischkorn, Petitioner, v. David E. K. FRISCHKORN, Respondent.

No. 39821.

Supreme Court of Florida.

July 13, 1970.

Certiorari denied. 234 So.2d 718.

DREW, Acting C. J., and THORNAL, CARLTON, ADKINS and BOYD, JJ., concur.
UNITED STA TES OF AMERICA 

FEDERAL TRADE COMMISSION 

WASHINGTON, D.C. 20580 

Bureau ofConsumer Protection 

Division ofEnforcement 

April 18, 2018 

VIAFEDEX 

John W. VanLonkhuyzen 

Verrill Dana LLP 

One Portland Square 

Portland, ME 04112 

Dear Mr. Van Lonkhuyzen: 

We received your submissions on behalf of your client, Saylite, LLC d/b/a Mobern 

Lighting ("Mobern" or the "Company"). During our review, we discussed concerns that 

marketing materials may have overstated the extent to which Mobern's lighting fixtures are 

made in the United States. 

As discussed, unqualified "Made in USA," "Made in America," and "Manufacturing ... 

in the USA" claims on marketing materials likely suggest to consumers that all products 

advertised in those materials are "all or virtually all" made in the United States. Accordingly, 

Mobem implemented a remedial action plan to avoid deceiving consumers. This plan included: 

(1) reviewing and revising the company's website and social media; (2) reviewing and revising 

the company's product catalog, product cut sheets, and other print advertisements; and 

(3) revising training materials for staff. 

If, in the future, Mobern can substantiate claims that particular products are "all or 

virtually all" made in the United States, it would be appropriate for the Company to update its 

marketing materials accordingly. 

Based on your actions and other factors, the staff has decided not to pursue this 

investigation any further. This action should not be construed as a determination that there was 

no violation of Section 5 ofthe Federal Trade Commission Act, 15 U.S.C. § 45. The 

Commission reserves the right to take such further action as the public interest may require. 

ulia Solomon Ensor 

StaffAttorney 

Division ofEnforcement · 

(202) 326-2377 

jensor@ftc.gov 

~ Crystal D. Ostrum 

Investigator 

Division ofEnforcement 

(202) 326-3405 

costrum@ftc.gov
Exhibit 23.1



                         CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement (Form
S-8) pertaining to the Cascade Bancorp Incentive Stock Option Plan and the
Registration Statement (Form S-8) pertaining to the Cascade Bancorp Employees'
401(k) Profit Sharing Plan of our report dated January 11, 2002, with respect to
the consolidated financial statements of Cascade Bancorp and subsidiaries
included in the Annual Report (Form 10-K) for the year ended December 31, 2001.

/s/ Symonds, Evans & Company, P.C.

Portland, Oregon
March 18, 2002
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

In re SANCTUARY BELIZE

LITIGATION

Civil No. PJM 18-3309

MEMORANDUM ORDER

The FTC has filed a Motion to Reform and Reaffirm the Fourth Circuif s Final Orders

(ECF No. 1404) relative to a recent decision of the Fourth Circuit affirming in substantial part this

Court's prior rulings in the case. The FTC accompanied its Motion with a Proposed Order.

Defendants' oppose the Motion and the FTC has replied. The Court subsequently asked

Defendants to file an order setting forth the relief that they request, which they have done, which

the FTC opposes and as to which Defendants have replied. Defendants have also filed a Motion

for Return of Property, ECF No. 1435, which both the Receiver and the FTC oppose. Having

considered the FTC's Motion and proposed order, Defendants' proposed Order, Defendants'

. Motion for Return Property, and the Parties' comments at the Status Conference held April 20,

2023, the FTC's Motion is GRANTED IN PART and DENIED IN PART. Defendants' Motion

to Return Property is DENIED.

L Contempt

1«Defendants" refers to the Represented Defendants as opposed to the Defaulting Defendants.

Case 1:18-cv-03309-PJM Document 1441 Filed 05/31/23 Page 1 of 7 
Case 1:18-cv-03309-PJM Document 1441 Filed 05/31/23 Page 2 of 7 
Case 1:18-cv-03309-PJM Document 1441 Filed 05/31/23 Page 3 of 7 
Case 1:18-cv-03309-PJM Document 1441 Filed 05/31/23 Page 4 of 7 
Case 1:18-cv-03309-PJM Document 1441 Filed 05/31/23 Page 5 of 7 
Case 1:18-cv-03309-PJM Document 1441 Filed 05/31/23 Page 6 of 7 
Case 1:18-cv-03309-PJM Document 1441 Filed 05/31/23 Page 7 of 7
#### Tom SLUDER, Appellant, v. Eugene O. BERNARD, Appellee.

No. P-203.

District Court of Appeal of Florida, First District.

Jan. 25, 1972.

James M. McLean, of Rogers, Towers, Bailey, Jones & Gay, Jacksonville, for appellant.

Harry Katz, Jr., of Katz & Katz, Jacksonville, for appellee.

PER CURIAM.

This cause having been orally argued before the Court, the briefs and record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the judgment of the lower court appealed from herein is affirmed.

CARROLL, DONALD K., Acting C. J., and WIGGINTON and RAWLS, JJ., concur.
260 La. 110

#### STATE of Louisiana ex rel. John Henry KRELLER v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.

No. 51949.

Supreme Court of Louisiana.

Dec. 7, 1971.

In re: John Henry Kreller applying for writs of certiorari and/or habeas corpus.

Writ denied. On the basis of the trial court’s reasons for denying the post-conviction application, we find no merit to the petitioner’s allegations.