alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Cite as Kostra v. Ohio Dept. of Natural Resources, 2016-Ohio-798.]

{¶1} On September 14, 2015, Gloria Kostra (hereinafter “plaintiff”) filed a 

complaint in this Court against the Ohio Department of Natural Resources (hereinafter 

“ODNR”). A review of the pleadings and supporting documents reveals the following 

facts: 

{¶2} The plaintiff owns property adjacent to the Portage Lakes State Park in 

Summit County. On August 6, 2015, a storm damaged a cherry tree on plaintiff’s 

property, which then fell into the Iron Channel of the Portage Lakes creating a 

hazardous condition for boaters in the area. To remedy the situation, plaintiff contacted 

Barberton Tree Service of Norton, Ohio to have them remove the tree. Barberton did so 

at a cost $1,800, which was billed to the plaintiff. Plaintiff now seeks to have ODNR pay 

the costs of the tree removal on the theory that since the tree landed on ODNR’s 

property, it is thus their responsibility to keep the state waterways safe for marine travel, 

and not the legal obligation of a private citizen. 

{¶3} The plaintiff’s argument, while well-reasoned, is not consistent with the law. 

As the owner of the tree, she was solely responsible for the maintenance of the tree, 

which would include the costs of the removal of the tree should it fall on another 

persons’ property. Merely because the property in this case belongs to ODNR, does 

not relieve the plaintiff from her responsibility under the law. Surely, if the tree fell onto 

the property of an adjoining homeowner, the plaintiff would not argue that the 

GLORIA J. KOSTRA 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF NATURAL 

RESOURCES 

 Defendant 

Case No. 2015-00798-AD 

Clerk Mark H. Reed 

MEMORANDUM DECISION 
IN THE COURT OF CLAIMS OF OHIO 

homeowner would be responsible for the costs of removing her tree. The same law that 

would prevail in the case where the property owner is a private citizen applies here as 

well. 

{¶4} Based on the foregoing, the plaintiff’s claim must be dismissed. 
IN THE COURT OF CLAIMS OF OHIO 

Having considered all the evidence in the claim file, and for the reasons set forth 

in the memorandum decision filed concurrently herewith, judgment is rendered in favor 

of defendant. Court costs are assessed against plaintiff. 

 MARK H. REED 

 Clerk 

 

cc: 

Gloria J. Kostra 

309 Guys Run Road 

Akron, Ohio 44319 

Charles G. Rowan 

Ohio Department of Natural Resources 

2045 Morse Road, D-3 

Columbus, Ohio 43229-6693 

 

Filed 1/22/16 

Sent to S.C. Reporter 3/2/16 

GLORIA J. KOSTRA 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF NATURAL 

RESOURCES 

 Defendant 

Case No. 2015-00798-AD 

Clerk Mark H. Reed 

ENTRY OF ADMINISTRATIVE 

DETERMINIATION
Letter Agreement dated June 23, 2009 - George G. Chamoun



 Exhibit 10.15.6 
 June 23, 2009 
 George Chamoun 
 35 Prince of Whales 
 Williamsville, NY 14221 

Dear George: 
 Synacor, Inc.
(the “Company”) would like to inform you that the Company’s Board of Directors (the “Board”) has approved an option repricing program effective as of June 10, 2009 (the “Repricing”). On
June 10, 2009, the Board determined that the fair market value of the Company’s common stock (the “Common Stock”) was $1.26 per share. Effective as of June 10, 2009, the Repricing amends the exercise price per share
of your option to purchase 150000(post-split) shares of Common Stock that was granted to you on 9/14/2007 that has an exercise price per share of $1.9967 (post-split) (“Underwater Option”), so that the exercise price per share of
your Underwater Option will be equal to $1.26. 
 Except for the change to the exercise price, as described above, all of the
other terms of the Underwater Option remain the same and continue to be governed by the option documentation evidencing the Underwater Option, including (without limitation) the number of shares subject to the Underwater Option, the vesting
commencement date, vesting schedule, vesting acceleration (if any) and status as incentive stock options (as described in Section 422(b) of the Internal Revenue Code) or nonstatutory stock options. 

If you hold any additional options that do not constitute an Underwater Option as of June 10, 2009, such options are not affected in
any manner by the Repricing and will continue to be subject to the option documentation evidencing such options. 
 This letter
agreement will be construed and interpreted in accordance with the laws of the State of New York (other than their choice-of-law provisions) and may be executed in counterparts, each of which will be considered an original, but all of which together
will constitute one agreement. Execution of a facsimile copy will have the same force and effect as execution of an original, and a facsimile signature will be deemed an original and valid signature. 

Please indicate your agreement with the above terms by signing below. You have until 5:00 p.m. EST on July 1, 2009 to sign and
return this letter agreement to Julia Culkin. Please retain a copy of your sighed letter agreement with your option documentation evidencing the Underwater Option. 







 If you do not sign and return this letter agreement to Julia Culkin by July 1, 2009,
you will not be subject to the terms of this letter agreement, which means that your Underwater Option will not be repriced and will not be amended in any manner and will continue to be governed by the option documentation evidencing such Underwater
Option. 
 If you have any questions, please contact me at (716-362-3305) 

 

			
	Very truly yours,
	
	SYNACOR, INC.
		
	By:	 	 





	Title:	 	 VP Human Resources



  

			
	I agree to the terms of this letter agreement.
	
	 





	Signature
	
	 George Chamoun

	George Chamoun
		
	Dated:	 	 6/24/2009



  
 Page 2
##### 



COOPER INDUSTRIES, LTD.
COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES
 Nine Months EndedSeptember 30,
    
    
    Year Ended December 31,2005
    
    
    2004
    
    
    2004
    
    
    2003
    
    
    2002
    
    
    2001
    
    
    2000Interest Expense
    
    $
    52,000
    
    
    $
    51,300
    
    
    $
    68,100
    
    
    $
    74,100
    
    
    $
    74,500
    
    
    $
    84,700
    
    
    $
    100,300Capitalized Interest
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    1,462
    
    
    
    3,946Estimated Interest Portion of
Rent Expense
    
    
    7,902
    
    
    
    8,493
    
    
    
    11,666
    
    
    
    12,183
    
    
    
    14,679
    
    
    
    13,369
    
    
    
    15,614Fixed Charges
    
    $
    59,902
    
    
    $
    59,793
    
    
    $
    79,766
    
    
    $
    86,283
    
    
    $
    89,179
    
    
    $
    99,531
    
    
    $
    119,860Income From Continuing
Operations Before Income Taxes
    
    $
    365,700
    
    
    $
    315,200
    
    
    $
    428,500
    
    
    $
    346,500
    
    
    $
    280,200
    
    
    $
    316,400
    
    
    $
    549,900Add: Fixed Charges
    
    
    59,902
    
    
    
    59,793
    
    
    
    79,766
    
    
    
    86,283
    
    
    
    89,179
    
    
    
    98,069
    
    
    
    115,914Less: Equity in (Earnings) /
Losses
of Less Than 50% Owned
Companies
    
    
    (1,147
    )
    
    
    (2,218
    )
    
    
    (2,903
    )
    
    
    (2,534
    )
    
    
    (2,969
    )
    
    
    (2,922
    )
    
    
    (3,367
    )Earnings Before Fixed Charges
    
    $
    424,455
    
    
    $
    372,775
    
    
    $
    505,363
    
    
    $
    430,249
    
    
    $
    366,410
    
    
    $
    411,547
    
    
    $
    662,447Ratio of Earnings to Fixed Charges
    
    
    7.1x
    
    
    
    6.2x
    
    
    
    6.3x
    
    
    
    5.0x
    
    
    
    4.1x
    
    
    
    4.1x
    
    
    
    5.5x
Exhibit 31.2 CERTIFICATION   1.
	I have reviewed this quarterly report on Form 10-Q of 1stConstitution Bancorp;2.
	Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading
with respect to the period covered by this report;3.
	Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the
periods presented in this report;4.
	The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to
be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is
being prepared; (b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this
report based on such evaluation; and (c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual
report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and 5.
	The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of
directors (or persons performing the equivalent functions): (a) All significant deficiencies and material weaknesses in the design or operation of internal control over
financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.   /s/ JOSEPH M. REARDON
----

DECISION OF THE EUROPEAN PARLIAMENT

of 27 April 2006

on the discharge for implementation of the European Union general budget for the financial year 2004, Section VIIIA — European Ombudsman

(2006/816/EC)

THE EUROPEAN PARLIAMENT,

The President

Josep BORRELL FONTELLES

The Secretary-General

Julian PRIESTLEY

----

(1)OJ L 53, 23.2.2004.

(2)OJ C 301, 30.11.2005, p. 1.

(3)OJ C 301, 30.11.2005, p. 9.

(4)OJ L 248, 16.9.2002, p. 1.

(5)OJ L 356, 31.12.1977, p. 1.

----

RESOLUTION OF THE EUROPEAN PARLIAMENT

with comments forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2004, Section VIIIA — European Ombudsman

THE EUROPEAN PARLIAMENT,

----

(1)OJ L 53, 23.2.2004.

(2)OJ C 301, 30.11.2005, p. 1.

(3)OJ C 301, 30.11.2005, p. 9.

(4)OJ L 248, 16.9.2002, p. 1.

(5)OJ L 356, 31.12.1977, p. 1.

----
EXHIBIT 23

                     [LETTERHEAD OF PARITZ & COMPANY, P.A.]



                         CONSENT OF INDEPENDENT AUDITORS




     We have issued our report dated March 22, 2001  accompanying  the financial
statements  of Trimol  Group,  Inc. to be contained in the Annual Report on Form
10-KSB (the  "10-KSB")  for Trimol  Group,  Inc., a Delaware  Corporation  ("the
Company") for its fiscal year ended  December 31, 2000. We consent to the use of
the  aforementioned  reports  in the  10-KSB  and to the  use of our  name as it
appears therein.






                                                PARITZ & COMPANY, P.A.
                                                April 10, 2001
****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 Consolidated Pictures Corp. (the "Company") on Form 10-QSB for the period ending June 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I Avery Pack, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

      (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

|        |        |                                       |   |
|--------|--------|--------------------------------------------|--------|
| By:    |   | /s/ Avery Pack                             |   |
|        |        |                                            |   |
|        |        | Avery Pack         Chief Financial Officer |   |
|   |   |                                       |   |
| Date:  |   | August 13, 2002                            |   |
|   |   |                                            |   |
EX-10.1






FIRST AMENDMENT TO THE

SAIA, INC. 2011 OMNIBUS INCENTIVE PLAN




WHEREAS, Saia, Inc. (“Company”) previously adopted the Saia, Inc. 2011 Omnibus Incentive Plan
(“Plan”) to motivate and retain eligible employees, directors and consultants; and



WHEREAS, Company desires to amend the Plan to impose a vesting period for certain stock awards
for non-employee directors; and



WHEREAS, Company reserved the right to amend the Plan pursuant to Section 17 therein;



NOW THEREFORE, effective January 26, 2012, the second paragraph of Section 10 of the Plan is
amended by inserting the following to the end thereof:



“All grants of shares of Stock to non-employee directors under this paragraph
(“Annual Non-Employee Director Stock Award”) shall be subject to a vesting period of
not less than three (3) years; however, any unvested shares of Stock shall become
fully vested upon: (a) the non-employee director’s cessation of service with the
Board for a reason other than “cause,” as provided under Section 141(k) of the
Delaware General Corporation Law; or (b) a Change in Control of the Company. All
Annual Non-Employee Director Stock Awards shall be further subject to such other
restrictions and conditions, including those with respect to voting and dividend
rights, as may be established by the Committee and set forth in the Award
Agreement.”
EXHIBIT 31.1 CHIEF
EXECUTIVE OFFICER CERTIFICATION I, Yuri Benenson, certify
that: 1.
I have reviewed this year
 end report on Form 10-KSB of Trimol Group, Inc.2.
Based on my knowledge,
 this report does not contain any untrue statement of a material fact or omit
 to state a material fact necessary to make the statements made, in light of
 the circumstances under which such statements were made, not misleading with
 respect to the period covered by this report;3.
Based on my knowledge, the
 financial statements, and other financial information included in this
 report, fairly present in all material respects the financial condition,
 results of operations and cash flows of the registrant as of, and for the
 periods presented in this report;4.
The registrants other
 certifying officers and I are responsible for establishing and maintaining
 disclosure controls and procedures (as defined in Exchange Act Rules 13a-14
 and 15d-14) for the registrant, and we have:a.
designed such disclosure
 controls and procedures to ensure that material information relating to the
 registrant, including its consolidated subsidiaries, is made known to us by
 others within those entities, particularly during the period in which this
 report is being prepared;b.
evaluated the
 effectiveness of this registrants disclosure controls and procedures as of a
 date within 90 days prior to the filing date of this report (the Evaluation
 Date); andc.
presented in this report
 our conclusions about the effectiveness of the disclosure controls and
 procedures based on our evaluation as of the Evaluation Date;5.
The registrants other
 certifying officers and I have disclosed, based on our most recent
 evaluation, to the registrants auditors and the registrants board of
 directors:a.
All significant
 deficiencies in the design or operation of internal controls which could
 adversely affect the registrants ability to record, process, summarize and
 report financial data and have identified for the registrants auditors any
 material weaknesses in internal controls; andb.
any fraud, whether or not
 material, that involves management or other employees who have a significant
 role in the registrants internal controls; and6.
The registrants other
 certifying offers and I have indicated in this report whether or not there
 were significant changes in internal controls or in other factors that could
 significantly affect internal controls subsequent to the date of our most
 recent evaluation, including any corrective actions with regard to significant
 deficiencies and material weaknesses.  April 14, 2008
/s/ Yuri BenensonYuri BenensonChief Executive Officer - 44 -
EXHIBIT 32.1
                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                         CALLISTO PHARMACEUTICALS, INC.
                 FORM 10-Q FOR THE QUARTER ENDED MARCH 31, 2005
                 PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I am the Chief Executive Officer of Callisto Pharmaceuticals, Inc., a Delaware
corporation (the "Company"). I am delivering this certificate in connection with
the Form 10-Q of the Company for the quarter ended March 31, 2005 and filed with
the Securities and Exchange Commission ("Form 10-Q").

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my knowledge,
the Form 10-Q fully complies with the requirements of Section 13(a) or Section
15(d) of the Securities Exchange Act of 1934 and that the information contained
in the Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of the Company.



           DATE: MAY 16, 2005


                                              /s/ GARY S. JACOB
                                              -----------------------

                                              GARY S. JACOB
                                              CHIEF EXECUTIVE OFFICER
#### Merced NAVA, (aka Ernie, Tomas, Lascano), Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

No. 02-5185.

United States Court of Appeals, Federal Circuit.

DECIDED: Jan. 21, 2003.

Before LOURIE, BRYSON, and GAJARSA, Circuit Judges.

*ORDER*

GAJARSA, Circuit Judge.

The United States moves for summary affirmance of the August 30, 2002 judgment of the United States Court of Federal Claims dismissing Merced Nava’s complaint for lack of jurisdiction.

> Nava filed a complaint alleging that: Plaintiff has been victimized and negated by the effected conspiracy of many links commanded by the United States Soccer Federation consummating the *perfect and impune crime of stealing*plaintiffs methods to produce world class professional soccer players and to deny to plaintiff the international opportunities and rewards player and coaches USSF has taught and trained using the methods USSF and its coconspirators stole from plaintiff, the “To’To in the Grass Football Soccer Academy.”

*547The Court of Federal Claims dismissed for lack of subject matter jurisdiction. The trial court determined that “[bjecause the allegations of the complaint state a claim which appears to be lodged against the United States Soccer Federation, rather than the United States, the court lacks jurisdiction over plaintiffs complaint.”

Summary affirmance of a case is appropriate “when the position of one party is so clearly correct as a matter of law that no substantial question regarding the outcome of the appeal exists”. *Joshua v. United States,*17 F.3d 378, 380 (Fed.Cir. 1994). In his 70-page complaint, Nava seeks damages from several entities and individuals but not from the United States.

The Court of Federal Claims correctly held that it lacks jurisdiction over claims against defendants other than the United States. *See*28 U.S.C. § 1491(a)(1). We conclude that no substantial question regarding the outcome of this appeal exists; therefore, summary affirmance is appropriate.

Accordingly,

IT IS ORDERED THAT:

(1) The United States’ motion for summary affirmance is granted.

(2) Each side shall bear its own costs.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1566 Reported in Senate (RS)]

                                                       Calendar No. 536
104th CONGRESS
  2d Session
                                S. 1566

To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
            coastwise trade for the vessel MARSH GRASS TOO.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 7, 1996

 Mr. Hollings introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                             July 26, 1996

              Reported by Mr. Pressler, without amendment

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
            coastwise trade for the vessel MARSH GRASS TOO.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That notwithstanding 
sections 12106, 12107, and 12108 of title 46, United States Code, and 
section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), as 
applicable on the date of enactment of this Act, the Secretary of 
Transportation may issue a certificate of documentation with 
appropriate endorsement for employment in the coastwise trade for the 
vessel MARSH GRASS TOO, hull identification number AUKEV 51139K690.
                                     

                                                       Calendar No. 536

104th CONGRESS

  2d Session

                                S. 1566

_______________________________________________________________________

                                 A BILL

To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
            coastwise trade for the vessel MARSH GRASS TOO.

_______________________________________________________________________

                             July 26, 1996

                       Reported without amendment
```