alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Plaintiff, *v.*Anthony Stryzewski, Defendant.

County Court, Queens County,

October 8, 1951.

Peter T. Farrell, J.

This is an application in the nature of a writ of *coram nobis*to vacate and set aside a judgment of conviction dated November 29, 1944, convicting the defendant of the crime of attempted robbery, second degree, as a second offender. The basis for the present application, as now claimed by defendant, is ‘ ‘ that the plea of guilty entered by defendant was out and out fraud, not on the part of the Court, but on the part of defendant’s lawyer.” The remedy of a writ of *coram nobis*cannot be used to set aside a plea of guilty, offered in open court, by a prisoner represented by counsel where there is no fraud attributable to the State as represented by its Judge and the prosecuting official. The defendant’s motion is, therefore, denied in all respects. The District Attorney is requested to submit an order in accordance with the terms of this decision and to mail a copy thereof to the defendant at the institution in which he is confined.
Amend. to Employment Agmt. between Randall Reynoso and Placer Sierra Bancshares



 EXHIBIT 10.21 
  
 AMENDMENT TO 
 EMPLOYMENT AGREEMENT 
  
 This Amendment to
Employment Agreement (“Amendment”), dated as of October 26, 2004 (“Effective Date”), is entered into by and among PLACER SIERRA BANK, a California banking corporation (“Bank”) and PLACER SIERRA BANCSHARES
(“PLSB”) (hereafter jointly as (“Employer”), and RANDALL REYNOSO (“Employee”). 
  
 A. Bank and Employee are parties to that certain Employment Agreement, dated October 28, 2003 and an amendment to that agreement dated June 1, 2004
(jointly as “Agreement”). 
  
 B. Bank is a wholly owned
subsidiary of PLSB and Employer seek to confirm the employment status of Employee. 
  
 C. Employer and Employee desire to amend the Agreement as set forth in this Amendment. 
  
 Now, therefore, the Agreement is hereby amended as follows: 
  
 AMENDMENT 
  
 1. Additional Duties. Employee currently serves as the President and Chief Operating Officer of Bank. Employer and Employee hereby agree that
Employee will also now assume the duties and title of President and Chief Operating Officer of PLSB. This Amendment will not alter Employee’s compensation or benefits which will continue to be received pursuant to the terms of the Agreement.

  
 2. Affirmation. In order to induce each other to enter
into this Amendment, the parties hereby confirm that all terms and provisions of the Agreement have been and continue to be in all respects in full force and effect, and no violation of the terms and conditions of the Agreement has occurred.

  
 3. Amendment. Except as expressly set forth in this
Amendment, this Amendment shall not alter, amend, or otherwise modify the terms and provisions of the Agreement. From and after the Effective Date, all references in the Agreement to “the Agreement,” “this Agreement” or any
similar reference shall refer to the Agreement as amended by this Amendment. Capitalized words or terms used in this Amendment are defined words or terms, the definitions of which are set forth in the Agreement unless otherwise defined in this
Amendment. 
  
  

 -1- 








 IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date. 
  

					
	PLACER SIERRA BANK	 	 
			
	By:	 	 /s/ Ronald W. Bachli

	 	 
	 	 	Chairman and CEO	 	 /s/ Randall Reynoso


	 	 	 	 	RANDALL REYNOSO
		
	PLACER SIERRA BANCSHARES	 	 
			
	By:	 	 /s/ Ronald W. Bachli

	 	 
	 	 	Chairman and CEO	 	 

  

 -2-
```

[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[House]
[Page H5633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                     PROCRASTINATION IN WASHINGTON

  (Mr. WITTMAN asked and was given permission to address the House for 
1 minute.)
  Mr. WITTMAN. Mr. Speaker, after today, Congress completes its 
business until September without finishing critical items, leaving many 
sectors across this country uncertain about their fiscal future. 
Looming defense cuts, or sequestration, still hang over the Congress as 
unfinished business.
  I'm extremely disappointed that Congress is leaving town without 
addressing such pressing issues and with so little time scheduled in 
the rest of this legislative year. Many Americans in America's First 
District are frustrated with Washington's lack of action and 
accomplishments as this country struggles to rebound from these tough 
economic times. Virginians, and all Americans, have the right to be 
upset with such irresponsible procrastination.
  Sequestration threatens our country's national security and sends the 
wrong message to the American people and to the world about our 
commitment to defend this great Nation in the future. Congress should 
stay in Washington to finish the business of the people. I am prepared 
to stay in Washington as long as it takes. These issues are too 
important to wait.

                          ____________________
```
**Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009 – JOOP! v OHIM (!)**

**(Case T-75/08)**

Community trade mark – Application for registration of a figurative Community trade mark representing an exclamation mark – Absolute ground for refusal – No distinctive character – No distinctive character acquired through use – Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 207/2009)

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 25-29, 41-47)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the First Board of Appeal of OHIM of 26 November 2007 (Case R 1134/2007‐1) relating to an application for registration of a figurative sign as a Community trade mark. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | JOOP! GmbH |
| Community trade mark sought: | Figurative mark representing an exclamation mark for goods in Classes 14, 18 and 25 – Application No 5332184 |
| Decision of the Examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the action; |

| | | |
| --- | --- | --- |
| 2. | | Orders JOOP! GmbH to pay the costs. |
# C_2011113EN.01001203.xml

| 9.4.2011 | EN | Official Journal of the European Union | C 113/12 |
| --- | --- | --- | --- |

9.4.2011

EN

Official Journal of the European Union

C 113/12

---

Judgment of the General Court of 3 March 2011 — Evropaïki Dynamiki v Commission

(Case T-589/08) (1)

1

(Public service contracts - Tender procedure - Provision of IT and user support services relating to the Community emissions trading scheme - Rejection of bid - Award criteria - Obligation to state the reasons on which the decision is based - Manifest error of assessment - Equal treatment - Transparency)

2011/C 113/24

Language of the case: English

Parties

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE, (Athens, Greece) (represented by: N. Korogiannakis, P. Katsimani and M. Dermitzakis, lawyers)

Applicant:

Defendant: European Commission (represented by: P. Wytinck and B. Hoorelbeke, lawyers)

Defendant:

Re:

Re:

First, application for the annulment of the Commission’s decisions of 13 October 2008, rejecting the bids submitted by the applicant for each of the three lots relating to open invitation to tender DG ENV.C2/FRA/2008/0017 ‘Framework contract for Emission Trading Scheme — CITL/CR’ (2008/S 72-096229) and to award those contracts to another tenderer and, secondly, claim for damages

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs. |
| --- | --- |

2.

Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.

---

(1)  OJ C 69, 21.3.2009.

1

---
# C_2008092EN.01001801.xml

| 12.4.2008 | EN | Official Journal of the European Union | C 92/18 |
| --- | --- | --- | --- |

12.4.2008

EN

Official Journal of the European Union

C 92/18

---

Reference for a preliminary ruling from the Hoge Raad der Nederlanden lodged on 7 February 2008 — M. Ilhan v Staatssecretaris van Financiën

(Case C-42/08)

(2008/C 92/33)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Appellant: M. Ilhan

Appellant:

Respondent: Staatssecretaris van Financiën

Respondent:

Question referred

Do the provisions of the EC Treaty on the freedom to provide services (Articles 49 EC to 55 EC) or the principle of proportionality preclude a Member State from applying a statutory rule that requires a person who is resident or established in that Member State, and who has at his disposal a car registered in another Member State which has been leased for a period of three years by a leasing undertaking established in that other Member State, and who uses that car essentially in the first Member State for business and private purposes, to pay a tax on the basis of commencement of use (with that car) of the public highway in the first Member State, without account being taken of the duration of future actual use in that Member State?

---
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AND STATEMENT OF OPERATIONS FOR THE PERIOD ENDED NOVEMBER 30, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                                        <C>
<PERIOD-TYPE>                                    9-MOS
<FISCAL-YEAR-END>                          FEB-28-1998
<PERIOD-END>                               NOV-30-1997
<CASH>                                           6,288
<SECURITIES>                                    66,155
<RECEIVABLES>                                   50,191
<ALLOWANCES>                                     2,124
<INVENTORY>                                        359
<CURRENT-ASSETS>                               126,405
<PP&E>                                          29,144
<DEPRECIATION>                                  11,992
<TOTAL-ASSETS>                                 161,251
<CURRENT-LIABILITIES>                           27,433
<BONDS>                                            339
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            49
<OTHER-SE>                                     132,559
<TOTAL-LIABILITY-AND-EQUITY>                   161,251
<SALES>                                         63,919
<TOTAL-REVENUES>                               113,592
<CGS>                                            7,718
<TOTAL-COSTS>                                   63,518
<OTHER-EXPENSES>                                30,091
<LOSS-PROVISION>                                 1,412
<INTEREST-EXPENSE>                               1,797
<INCOME-PRETAX>                                 14,118
<INCOME-TAX>                                     5,436
<INCOME-CONTINUING>                              8,682
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,682
<EPS-PRIMARY>                                     0.38
<EPS-DILUTED>                                     0.34
        

</TABLE>
# C_2008260EN.01002002.xml

| 11.10.2008 | EN | Official Journal of the European Union | C 260/20 |
| --- | --- | --- | --- |

11.10.2008

EN

Official Journal of the European Union

C 260/20

---

Order of the Civil Service Tribunal (First Chamber) of 15 July 2008 — Pouzol v European Court of Auditors

(Case F-28/08) (1)

1

(Staff - Officials - Pensions - Transfer of pension rights acquired before entry into the Communities' service - Confirmatory decisions - Inadmissibility)

(2008/C 260/37)

Language of the case: French

Parties

Applicant: Michel Pouzol (Combaillaux, France) (represented by: D. Grisay, I. Andoulsi and D. Piccininno, lawyers)

Applicant:

Defendant: European Court of Auditors (represented by: T. Kennedy, J.-M. Stenier and G. Corstens, acting as Agents)

Defendant:

Re:

Annulment of the Court of Auditors' decision of 29 November 2007 and the proposals made by it to the applicant on 10 May 2007 concerning the transfer of his pension rights acquired in France — Claim for damages

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | Mr Pouzol is ordered to pay the costs. |
| --- | --- |

2.

Mr Pouzol is ordered to pay the costs.

---

(1)  OJ C 116, 9.5.2008, p. 35.

1

---
```

[Congressional Record Volume 158, Number 113 (Thursday, July 26, 2012)]
[Extensions of Remarks]
[Pages E1337-E1338]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

             RECOGNIZING ARKANSAS OLYMPIAN MICHAEL TINSLEY

                                  _____
                                 

                            HON. TIM GRIFFIN

                              of arkansas

                    in the house of representatives

                        Thursday, July 26, 2012

  Mr. GRIFFIN of Arkansas. Mr. Speaker, I rise today to recognize Mr. 
Michael Tinsley who will be representing the United States in the 2012 
Summer Olympic Games in London.
  Michael hails from Little Rock, Arkansas. Little Rock is located in 
the Second Congressional District, which I represent. He attended 
Pulaski Robinson High School in Little Rock where he had a standout 
track career.
  His dedication to and performance in track and field in high school 
earned him a scholarship at Jackson State University in Jackson, 
Mississippi, where he ran track and studied Criminal Justice.

[[Page E1338]]

  At the 2006 NCAA Outdoor Track and Field Championships, Michael won 
the 400m hurdles for Jackson State becoming the first track athlete in 
the history of the university to win an NCAA Division I title.
  Jackson State University declared Thursday, June 15, 2006, ``Michael 
Tinsley Day,'' and Michael was presented with a certificate from the 
governor, was handed keys to the city by the mayor, and was shown the 
banner bearing his name that would hang in the athletic center.
  In 2006, Michael achieved his first ever top ten Track and Field News 
world ranking in the 400m hurdles. He achieved a top-ten world ranking 
again in 2011.
  Michael's accomplishments don't end there, though. He also holds 
numerous other records and titles, and in the 2010 USA Outdoor Track 
and Field Championships, he placed third in the 400m hurdles. He is 
also a three-time NCAA All-American.
  As evidence of his continued hard work and pursuit of excellence, 
Michael qualified for the 2012 U.S. Olympic Team in a remarkable and 
memorable way: he beat the reigning Olympic gold, silver, and bronze 
medalists in the 400m hurdles, taking first place to secure his Olympic 
berth.
  Michael will represent Team USA in the 400m hurdles, and I am proud 
to have such an accomplished athlete and Arkansan representing our 
nation.
  On behalf of Arkansans and Americans everywhere, I wish Michael 
Tinsley the best of luck in his Olympic endeavors and look forward to 
his great accomplishments in the 2012 Summer Olympic Games.

                          ____________________
```
```

[Congressional Record Volume 158, Number 118 (Friday, August 3, 2012)]
[Extensions of Remarks]
[Page E1412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. JAMES B. RENACCI

                                of ohio

                    in the house of representatives

                        Thursday, August 2, 2012

  Mr. RENACCI. Mr. Speaker, on rollcall No. 539, due to a travel delay 
stemming from yesterday's inclement weather, I was unable to cast my 
vote on this legislation. Had I been present, I would have voted 
``yea.''

                          ____________________
```
```

[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[House]
[Page H5535]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                              THE JOURNAL

  The SPEAKER. The Chair has examined the Journal of the last day's 
proceedings and announces to the House his approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.

                          ____________________
```
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4254 Engrossed Amendment Senate (EAS)]

<DOC>
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 27, 2018.
    Resolved, That the bill from the House of Representatives (H.R. 
4254) entitled ``An Act to amend the National Science Foundation 
Authorization Act of 2002 to strengthen the aerospace workforce 
pipeline by the promotion of Robert Noyce Teacher Scholarship Program 
and National Aeronautics and Space Administration internship and 
fellowship opportunities to women, and for other purposes.'', do pass 
with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Women in Aerospace Education Act''.

SEC. 2. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM FELLOWSHIP 
              OPPORTUNITIES.

    (a) In General.--The National Science Foundation Authorization Act 
of 2002 (Public Law 107-368; 42 U.S.C. 1862n et seq.) is amended--
            (1) in section 10(a)(3)(A)(iv), by inserting ``, including 
        research experiences at national laboratories and NASA 
        centers'' before the semicolon; and
            (2) in section 10A(c)(4)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) providing internship opportunities for 
                fellows, including research experiences at national 
                laboratories and NASA Centers.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to grants awarded on or after October 1, 2018.

SEC. 3. NASA INTERNSHIP AND FELLOWSHIP OPPORTUNITIES.

    Not later than October 1, 2018, the Administrator of the National 
Aeronautics and Space Administration (in this section referred to as 
``NASA'') shall institute a process to encourage the recruitment of 
qualified candidates who are women or individuals who are 
underrepresented in the fields of science, technology, engineering, and 
mathematics (STEM) and computer science for internships and fellowships 
at NASA with relevance to the aerospace sector and related fields.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                               H.R. 4254

_______________________________________________________________________

                               AMENDMENT
```
# C_2009282EN.01006302.xml

| 21.11.2009 | EN | Official Journal of the European Union | C 282/63 |
| --- | --- | --- | --- |

21.11.2009

EN

Official Journal of the European Union

C 282/63

---

Judgment of the Civil Service Tribunal (1st Chamber) of 7 July 2009 — Lebedef v Commission

(Case F-39/08) (1)

1

(Staff cases - Officials - Annual leave - Staff representative's activities - Secondment half-time for purposes of trade union representation - Representative activities under the Staff Regulations - Unauthorised absence - Deduction from annual leave entitlement - Article 60 of the Staff Regulations)

2009/C 282/119

Language of the case: French

Parties

Parties

Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, avocat)

Applicant:

Defendant: Commission of the European Communities (represented by: G. Berscheid and K. Herrmann, Agents)

Defendant:

Re:

Re:

Annulment of several decisions concerning the deduction of 32 days from the applicant's annual leave entitlement for 2007

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Mr Lebedef to pay all the costs. |
| --- | --- |

2.

Orders Mr Lebedef to pay all the costs.

---

(1)  OJ C 158 of 21.06.2008, p. 27.

1

---
EX-10.16



 Exhibit 10.16 

FIRST AMENDMENT TO THE 

LSF9 CYPRESS PARENT LLC 

LONG TERM INCENTIVE PLAN 

WHEREAS, LSF9 Cypress Parent LLC maintains the LSF9 Cypress Parent LLC Long Term Incentive Plan (the “Plan”); 

WHEREAS, Section 6.5 of the Plan provides that the Administrator (as defined in the Plan) may amend the terms of the Plan so long as such
amendment does not reduce the aggregate amount reasonably expected to be paid to a Participant (as defined in the Plan) under the Plan or impair the economic rights of a Participant under the Plan without such Participant’s prior written
consent; and 
 WHEREAS, the Administrator of the Plan has determined to amend Section 3.3(b) of the Plan, and has determined that such
amendment will not adversely affect in any manner the rights of Participants under the Plan. 
 NOW, THEREFORE, the Administrator hereby
approves the following: 
 1. Section 3.3(b) of the Plan is hereby amended and restated to read as follows: 

(b) Following a Monetization Event that results in or occurs after at least a 15% Cumulative IRR has been first achieved, the relevant amount
set forth in the table below, minus any amounts previously credited to the Incentive Pool, shall be credited to the Incentive Pool based on the Cumulative IRR then achieved. 
  

			
	 Cumulative IRR
	  	 Amount to Credit to Incentive
Pool

		
	 14.99% or less
	  	$0
		
	 15% up to 20.0%
	  	 9.5% of marginal Proceeds that result in

Cumulative IRR in excess of 0%

		
	 20.1% up to 25.0%
	  	 12.0% of marginal Proceeds that result in

Cumulative IRR in excess of 20.1%

		
	 25.1% up to 35.0%
	  	 14.0% of marginal Proceeds that result in

Cumulative IRR in excess of 25.1%

		
	 35.1% up to 50%
	  	 17.0% of marginal Proceeds that result in

Cumulative IRR in excess of 35.1%

		
	 50.1% up to 100.0%
	  	 19.0% of marginal Proceeds that result in

Cumulative IRR in excess of 50.1%

		
	 Over 100%
	  	 9.5% of marginal Proceeds that result in

Cumulative IRR in excess of 100%


 IN WITNESS WHEREOF, this First Amendment to the LSF9 Cypress Parent LLC Long Term Incentive Plan is executed
as of this 6th day of July, 2016. 
  

			
	By:	 	/s/ Kyle Volluz
	Name:	 	Kyle Volluz
	Title:	 	Plan Administrator