alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Yvonne MUSSINGTON, individually and on behalf of her son, Jonathon Jacobs; Rosemary Johnson, individually and on behalf of her children, Edward Cuffee, Jr., Tony Johnson, Roger Cuffee, Shamaekia Cuffee, Jennifer Cuffee, Jessica Cuffee, Kevin Cuffee, and Veronica Johnson; Church of the Intercession; Iglesia Episcopal de Santa Maria; Religious Committee on the New York City Health Crisis, Inc.; Riverside Church Office of Social Justice; St. Mary’s Episcopal Church Manhattan; and Upper Manhattan Anglican/Episcopal Clergy Association, Plaintiffs-Appellants, v. ST. LUKE’S-ROOSEVELT HOSPITAL CENTER, the New York State Department of Health, and Mark R. Chassin, Commissioner of Health, in his official capacity, Defendants-Appellees.

No. 1254, Docket 93-7856.

United States Court of Appeals, Second Circuit.

Argued March 9, 1994.

Decided March 10, 1994.

Charles S. Sims, Proskauer, Rose Goetz & Mendelsohn, New York City (Edward S. Kornreieh, Deborah J. Jacobs, Proskauer, Rose Goetz & Mendelsohn, Patty Lipshutz, St. Luke’s-Roosevelt Hosp. Center, of counsel), for defendant-appellee St. Luke’s-Roosevelt Hosp. Center.

Barbara K. Hathaway, Asst. Atty. Gen. of the State of N.Y., New York City (G. Oliver Koppell, Atty. Gen. of the State of N.Y., of counsel), for defendants-appellees Dept, of Health and Chassin.

Maya D. Wiley, NAACP Legal Defense and Educational Fund, Inc., New York City (Elaine R. Jones, Theodore M. Shaw, NAACP Legal Defense and Educational Fund, Inc., William H. Voth, Steven Shiff-man, Arnold & Porter, Kenneth Kimerling, Nina Perales, Puerto Rican Legal Defense & *1034Education Fund, Inc., of counsel), for plaintiffs-appellants.

Before: WALKER and JACOBS, Circuit Judges, and CARMAN, Judge.*

*

 Honorable Gregory W. Carman, Judge of the United States Court of International Trade, sitting by designation.

PER CURIAM:

Plaintiffs are individual citizens, three churches, and three church groups who brought suit against St. Luke’s-Roosevelt Hospital Center (the “Hospital”) and New York state health officials to enjoin the Hospital’s transfer of pediatric, obstetric, and neonatal care services and medical-surgical beds from their present location in a low-income neighborhood with a high minority population to a site located in a higher-income neighborhood with a lower minority population. Plaintiffs claim that the transfer unlawfully discriminates against Medicaid recipients and minorities and therefore violates the Hill-Burton Act, Titles II and VI of the Civil Rights Act of 1964, and the Equal Protection Clause. The district court (Martin, *J.)*determined that the churches and church groups lack standing and that in any event all of the claims are barred: the claims for injunctive relief by laches and those for damages by the statute of limitations. The court’s opinion is published at 824 F.Supp. 427 (S.D.N.Y.1993) and familiarity with it is assumed. We agree with the district court’s decision that any claims raised in this litigation would be barred by laches or the statute of limitations. We do not reach the other issues raised in the parties’ briefs on appeal.
EX-10.48






ALLONGE TO SECURITY DEED NOTE

(Riverside)




This Allonge to Security Deed Note (“Allonge”) is made as of this 10th day of
January, 2012, by and G&E HC REIT II Covington SNF, LLC, a Delaware limited liability company
(“Borrower”) to Capital Funding, LLC (“Lender”).



WHEREAS, West Street Associates, L.P., a Georgia limited partnership (“Original Borrower”)
signed a Security Deed Note dated July 1, 2010 (the “Note”) in the original principal amount of
$11,617,300.00; and



WHEREAS, pursuant to an Assumption, Modification and Release Agreement dated of even date
herewith (the “Assumption Agreement”), Borrower has assumed the Note from the Original Borrower and
the Borrower desires to enter into this Allonge to reflect such assumption.



NOW, THEREFORE, for good and valuable consideration and intending to be legally bound hereby,
the parties hereto agree as follows:



(1) The said Note is hereby amended to substitute the Borrower for the Original Borrower under
the Note. Said Borrower shall assume all liability under the Note arising as of the date hereof
and the Original Borrower shall be released from liability under the Note as provided in the
Assumption Agreement.



(2) Except as expressly amended hereby, the Note shall remain unchanged and in full force and
effect.



[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]







1






IN WITNESS WHEREOF, this Allonge to Security Deed Note is made as of the day and year first
written above.




G&E HC REIT II Covington SNF, LLC, a Delaware limited
liability company




By: /s/ Danny Prosky

Name: Danny Prosky

Title: Authorized Signatory





2
EXHIBIT 12.1
 STATEMENT RE: COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
  Oct. 3,
    
    
    Sept. 28,
    
    
    Sept. 29,
    
    
    Sept. 30,
    
    
    Oct. 1,2008
    
    
    2007
    
    
    2006
    
    
    2005
    
    
    2004(in thousands, except per share amounts)Earnings:Income/(loss) before income taxes
    
    $
    7,846
    
    
    $
    (21,803
    )
    
    $
    (22,665
    )
    
    $
    (62,259
    )
    
    $
    (92,526
    )Add: Fixed charges
    
    
    4,431
    
    
    
    4,360
    
    
    
    4,753
    
    
    
    4,205
    
    
    
    2,243$
    12,277
    
    
    $
    (17,443
    )
    
    $
    (17,912
    )
    
    $
    (58,054
    )
    
    $
    (90,283
    )Fixed Charges:Interest expense
    
    $
    2,360
    
    
    $
    2,241
    
    
    $
    2,231
    
    
    $
    1,788
    
    
    $
    Interest portion of rental expense
    
    
    2,074
    
    
    
    2,127
    
    
    
    2,540
    
    
    
    2,417
    
    
    
    2,243$
    4,434
    
    
    $
    4,368
    
    
    $
    4,771
    
    
    $
    4,205
    
    
    $
    2,243Ratio of earnings to fixed charges (1)
    
    
    2.8
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
 
 (1)
    
    Our earnings were insufficient to cover our fixed charges by $21.8 million (2007), $22.7
million (2006), $62.3 million (2005), and $92.5 million (2004).
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-4266

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROBERT EARL COLE,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., Chief

District Judge. (CR-00-274)

Submitted: August 28, 2001 Decided: September 11, 2001

Before WIDENER, LUTTIG, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas N. Cochran, Assistant Federal Public Defender, Greensboro,

North Carolina, for Appellant. Benjamin H. White, Jr., United

States Attorney, Steven H. Levin, Assistant United States Attorney,

Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Robert Earl Cole pled guilty to possession with intent to

distribute cocaine and carrying a firearm during a drug trafficking

crime. For the reasons that follow, we affirm.

On appeal, Cole alleges that the government breached an oral

agreement. We do not find that the district court’s factual

finding that the government did not breach the oral plea agreement

was clearly erroneous. United States v. Conner, 930 F.2d 1073,

1076-77 (4th Cir. 1991). Thus, this claim fails. Although we

grant Cole’s motion to file a pro se supplemental brief, we find no

merit to any of the claims raised therein.

Accordingly, we affirm Cole’s conviction and sentence. We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1648 Introduced in Senate (IS)]

  2d Session
                                S. 1648

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 28, 1996

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

_______________________________________________________________________

                                 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 HERCO TYME.

    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 HERCO TYME, (United States official number 911599).
                                 <all>
```
0461438
 STATE OF GEORGIA
 Secretary of State
Corporations Division
315 West Tower
#2 Martin Luther King, Jr. Dr.
Atlanta, Georgia 30334-1530
 CERTIFICATE
OF
AMENDMENT
 I, Karen C Handel,
 DOCX, LLC
a Domestic Limited Liability Company
 06/19/2008
  (SEAL)

/s/ Karen C HandelKaren C HandelSecretary of State




---



##### 



Control No: 0461438
Date Filed: 06/19/2008 03:42 PM
Karen C Handel
Secretary of State
 ARTICLES OF AMENDMENT
 TO
 ARTICLES OF ORGANIZATION
      
   
 th
 MEMBER
Residential Lending Services, Inc.By:
    /s/ Todd C. JohnsonTodd C. JohnsonExecutive Vice President, General Counsel
and Secretary




---



##### 



Secretary of State
Corporations Division
315 West Tower
#2 Martin Luther King, Jr. Dr.
Atlanta, Georgia 30334-1530
    
    CONTROL NUMBER: 0461438
EFFECTIVE DATE: 09/28/2004
JURISDICTION: GEORGIA
REFERENCE: 0048
PRINT DATE: 10/20/2004
FORM NUMBER: 356
 TIMOTHY J. CAGLE, CPA, PC
2485 BETHANY BEND
ALPHARETTA, GA 30004
 CERTIFICATE OF ORGANIZATION
  DOCX, LLC
A GEORGIA LIMITED LIABILITY COMPANY
   
  (SEAL)

/s/ Cathy CoxCathy CoxSecretary of State




---



##### 



rd
 /s/ Lorraine BrownLORRAINE BROWNMember SECRETARY OF STATE 
[illegible] 
CORPORATIONS DIVISION
    
    SECRETARY OF STATE
[illegible]
CORPORATIONS DIVISION
**Exhibit32**

**CERTIFICATION**

Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350, asadopted), Michael N. Chang, the Chief Executive Officer of OptimerPharmaceuticals, Inc. (the “Company”), and John D. Prunty, the Chief FinancialOfficer of the Company, each hereby certifies that, to the best of hisknowledge:

1.       TheCompany’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2007, towhich this Certification is attached as Exhibit 32 (the “QuarterlyReport”), fully complies with the requirements of Section 13(a) or Section15(d) of the Securities Exchange Act of 1934, as amended; and

2.       Theinformation contained in the Quarterly Report fairly presents, in all materialrespects, the financial condition of the Company at the end of the periodcovered by the Quarterly Report and results of operations of the Company forthe period covered by the Quarterly Report.
| Dated: August 10, 2007                                                            |                                                                                    |
|-----------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------|
|                                                                              |                                                                                    |
| /s/ Michael N. Chang                                                              |                                                                                    | /s/ John D. Prunty |
|  Michael N.  Chang   Chief Executive Officer   (Principal Executive Officer) | John D. Prunty   Chief Financial Officer   (Principal Financial and Accounting Officer) |
|                                                                                   |                                                                                         |  |

 

A signed original of thiswritten statement required by Section 906 has been provided to the Companyand will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.

This certificationaccompanies the Form 10-Q to which it relates, is not deemed filed with theSecurities and Exchange Commission and is not to be incorporated by referenceinto any filling of the Company under the Securities Act of 1933, as amended,or Securities Exchange Act of 1934, as amended (whether made before or afterthe date of the Form 10-Q), irrespective of any general incorporation language containedin such filing.

----
##### 



EXHIBIT 10.5
 
 Background
  
    
    the Cooper Salaried Employees Retirement Plan (Cooper Pension Plan);
    
    the Cooper Industries Supplemental Excess Defined Benefit Plan (Supplemental Pension
Plan);
    
    the Cooper Retirement Savings and Stock Ownership Plan (Cooper Savings Plan); and
    
    the Cooper Industries Supplemental Excess Defined Contribution Plan (Supplemental
Savings Plan).
   -1-




---



##### 



New Cooper Supplemental Executive Retirement Plan
  
    
    Eligibility. Key executives (CEO and senior officers, division presidents,
corporate vice-presidents) who are approved by the Committee.
    
    Company Contributions. A percentage of the participants total cash
compensation consisting of base salary and annual bonus will be credited to the
participants account annually in arrears. The Committee approves the SERP contribution
percentage for all participants annually. For 2007, the contribution percentage was
determined based on the amount that retirement benefits to these key executives was reduced
as a result of the freeze of prior benefit plans.
    
    Interest Credits. Account balances will be credited with interest quarterly
based on the average prime interest rate for the prior quarter.
    
    Vesting Requirements. Vesting of benefits under the new SERP are subject to a
five-year vesting requirement.
    
    Distribution/Withdrawals. No in-service withdrawals are permitted under the new
SERP. Participants may elect to commence benefit payments at retirement at age 55 or
thereafter with those benefits being paid pursuant to an election made by the participant
in accordance with Section 409A of Internal Revenue Code.
 New Cooper Base Salary Deferral Plan for Executives
  -2-
##### 



Exhibit 32.2
  Certification
    of Chief Financial Officer
    Pursuant to Section 906 of the Sarbanes-Oxley Act of
    2002
    Form 10-K
    March 31, 2008Date

By  /s/Francene
    LaPoint         Francene
    LaPoint

Chief Financial Officer of Grubb & Ellis
    Realty Investors, LLC, the manager of
    NNN 2003 Value Fund, LLC
    (principal financial officer)     Form 10-K
exhibit10-1.htm







  





Exhibit 10.1 - Page - 1











  






 


 


 


 


 


 





 




  





Exhibit 10.1 - Page - 2











  






 


 


 





 


 




  





Exhibit 10.1 - Page - 3











  






 





 


 




  





Exhibit 10.1 - Page - 4











  






 





 


 




  





Exhibit 10.1 - Page - 5











  









 


 


 




  





Exhibit 10.1 - Page - 6











  






 





 


 




  





Exhibit 10.1 - Page - 7











  






 





 




  





Exhibit 10.1 - Page - 8











  









 


 




  





Exhibit 10.1 - Page - 9











  






 





 


 




  





Exhibit 10.1 - Page - 10
|   | (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. |

|   Date: November      18, 2009 |   |                                                       |   |   |
|------------------------------------------|--------|------------------------------------------------------------|--------|--------|
|                                     |   | /s/      Marcel Noordeloos                                 |   |   |
|                                     |   | Marcel      NoordeloosInterim      Chief Financial Officer |   |   |
EXHIBIT 32.2



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of LitFunding Corp. (the "Company") on Form 10-QSB for the period ended June 20, 2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Terry Gabby, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



(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.





|                      |                        
|--------------------- | -----------------------
|Date:
August 20, 2007 | /s/ Terry Gabby        
|                      | Terry Gabby            
|                      | Chief Financial Officer
SERVED JUNE 22, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

RAYMOND H. FESSLER 

FAA DOCKET NO. CP10WP0002 

(Civil Penalty Action) 

DMS No. FAA-2010-0020 

AMENDED NOTICE OF HEARING DATES 

Paragraph #2 of the Procedural Order is amended as follows: 

WHEREFORE, the parties be and are hereby ORDERED to adhere to the following 

procedural schedule: 

... On or before August 21, 2010, the parties shall conclude all discovery 

including, but not limited to, depositions, document production, responses to 

production requests and/or interrogatories. If the parties cannot resolve a 

discovery dispute they shall submit the dispute to the undersigned for resolution 

in a timely manner... 

NOTICE IS HEREBY GIVEN that testimony and evidence will be heard and considered 

on August 30,31,2010, inclusive, in the National Transportation Safety Board 

Courtroom, 1515 W. 190th ST. Ste 555, Gardena, CA 90248.' Hearings will 

commence at 9:00 a.m. and conclude at 4:30 p.m. each day. Settled cases will not be 

removed from the docket until the Judge receives the proper pleading(s). Pleadings 

may be forwarded by fax, express mail, courier or postal service. 

SO ORDERED. 

Richard C. Good'^r-1 ^ 

U.S. Administrative Law Judge 

Attachment - Service List 

' This is a bifurcated hearing. Respondent is excused from attending the sessions in Gardena, CA. 

Respondent will be given the opportunity to present oral testimony at a hearing in Pocatello or Boise, ID. 

depending on the availability of court facilities pursuant to our Amended Procedural Order. Our Amended 

Order on Venue, served May 5,2010, remains in effect. 
FAA Docket No. CP10WP0002 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washmgton, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000' 

ONE COPY 

Eric A. Seitz, Respondent's Attorney 

820 Mililani Street, Suite 714 

Honolulu, HI 96813 

TEL: 808-533-7434 

Christopher I. Merrill, Complainant's Counsel 

Office of the Regional Counsel 

Western-Pacific Region, AWP-7 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7105 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbtir Wright Building- Room 

2014, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.
<PAGE>

EXHIBIT 21

SUSA Partnership, L.P.
Subsidiaries

All subsidiaries are organized under Tennessee law unless otherwise indicated.

441 Mini-Storage Partners, Ltd. (Florida)
ABC Self Storage Limited Co. (New Mexico)
Buzzman Partners I, LP  (Pennsylvania)
Buzzman Partners II, LP (Pennsylvania)
Calvine-SPC, LLC (Delaware)
Clarendon Storage Associates LP (Virginia)
Cole/Morgan, Ltd. (Texas)
Dade County Mini-Storage Associates, Ltd. (Florida)
DMMJ Limited Partnership (Maryland)
Elk Grove - SPC, LLC (Delaware)
Frankford Road Self Storage, Ltd. (Texas)
McNeil Drive Self Storage, Ltd. (Texas)
Oxnard-SPC, LLC (Delaware)
Parklawn Storage Partners, LP
Preston Self Storage, Ltd. (Texas)
River Road Limited Partnership (Maryland)
Rocklin-SPC, LLC  (Delaware)
Savi Ranch-SPC, LLC (Delaware)
Southeast Mini-Storage Limited Partners (Florida)
Spring Creek Self Storage, Ltd. (Texas)
Storage Acquisition Portfolio, L.L.C. (Delaware)
Storage Development Portfolio, L.L.C. (Delaware)
Storage Partners of Eatontown, LLC (New Jersey)
Storage Partners of Egg Harbor, LLC (New Jersey)
Storage Partners of Paoli, LP
Storage Partners of West Colonial, L.L.C. (Florida)
Storage Portfolio I, LLC (Delaware)
Storage USA Franchise Corp
Storage USA of Palm Beach County LP (Maryland)
Sunset Mini-Storage Partners, Ltd. (Florida)
SUSA Brooklyn John, L.P. (New York)
SUSA Brooklyn Snyder, L.P. (New York)
SUSA Columbia, LP
SUSA Construction, LLC (Delaware)
SUSA Germantown, LP
SUSA Hackensack LP
SUSA Harrison, LP
SUSA Holdings, LP
SUSA Hollywood, LP
SUSA Investments I, LLC (Virginia)
SUSA Investments II, LLC (Virginia)
SUSA Long Island, L.P. (New York)
SUSA Management, Inc.
SUSA Mesa, LP
SUSA Mt. Vernon, LLC (New York)
SUSA Nashville, L.P.
SUSA Omni LP
SUSA Orange, LP
SUSA Peachtree, LLC (Virginia)
SUSA Secaucus, LP
SUSA-TN, LLC
SUSA Whitney Mesa, Limited Partnership (Nevada)
SUSA/38th Avenue, Capitola, LP (California)
Tamiami Mini-Storage Partners, Ltd. (Florida)
U.S. Access Board: Rail Vehicles Access Advisory Committee

Subcommittee on Boarding and Alighting Meeting #5

August 28, 2014

1:00 – 3:00 Eastern

1.0 Introductions

2.0 Approval of the Agenda

3.0 Review of assigned tasks 

3.1 Discuss draft of vehicle-based lift, ramp and bridgeplate proposal

4.0 Planning 

4.1 Develop action items 

4.2 Assign duties and tasks 

4.3 Establish deadlines for deliverables

5.0 Next meeting is September 11th and 12th

Attachment