alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This memorandum opinion was not selected for pub lication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1 DISCOVER BANK, 2 Plaintiff-Appellant, 3

v. No. 32,257 4 JONATHAN N. McGEE, 5 Defendant-Appellee, 6 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 7 Alan M. Malott, District Judge 8 Travis J. White 9 Albuquerque, NM 10 for Appellant 11 Jonathan N. McGee 12 Albuquerque, NM 13 Pro Se Appellee 14 MEMORANDUM OPINION 15 FRY, Judge. 16 Plaintiff is appealing from a district court order denying its motion for 17 reconsideration of a judgment dismissing its civil complaint with prejudice. We 182 issued a calendar notice proposing to dismiss. Plaintiff has responded with a timely 1 memorandum in opposition. Not persuaded, we dismiss the appeal. 2 As we observed in our calendar notice, Plaintiff is appealing from a district 3 court order denying its motion for reconsideration of a judgment dismissing its 4 complaint with prejudice. The order denyi ng the motion for reconsideration was filed 5 on June 12, 2012. [RP 116] Pursuant to Rule 12-201(D) NMRA, Plaintiff had thirty 6 days from that date to file its notice of appeal. Our calendar notice proposed to 7 dismiss because Plaintiff filed its notice of appeal in the district court on July 13, 8 2012, one day late. [RP 118] 9 In its memorandum in opposition, Plaintiff asserts that it timely filed its notice 10 of appeal on July 12, 2012. However, that file date istaken from the copy served on 11 this Court. As noted, the district court’ s file stamp reads July 13, 2012. [RP 118] See 12 Rule 12-202(A) NMRA (stating that the noti ce of appeal should be filed with the 13 district court clerk). As such, Plaintiff has not complied with a mandatory 14 precondition to the exercise of our appellate jurisdiction to consider the merits of the 15 appeal. See Govich v. North Am. Sys., Inc. , 112 N.M. 226, 230, 814 P.2d 94, 98 16 (1991) (compliance with notice of appealtime and place requirements are mandatory 17 preconditions to exercise of appellate jurisdiction). Accordingly, we dismiss the 18 appeal. 193 IT IS SO ORDERED. 1

2 CYNTHIA A. FRY, Judge 3 4 WE CONCUR: 5

6 MICHAEL D. BUSTAMANTE, Judge 7

8 J. MILES HANISEE, Judge 9
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) January 9, 2009
 CARDIOGENESIS CORPORATION
 
 California
    
    000-28288
    
    77-0223740(State or other jurisdiction of 
incorporation)
    
    (Commission File Number)
    
    (I.R.S. Employer Identification No.)
 11 Musick, Irvine CA
    
    92618(Address of principal executive offices)
    
    (Zip Code)
 (949) 420-1800
 
  o
 o
 o
 o




---



##### 



Item 1.01. Entry into a Material Definitive Agreement.
   Item 5.02.
    
    Departure of Directors or Certain Officers; Election of Directors; Appointment of
Certain Officers; Compensatory Arrangements of Certain Officers.
 (d) Appointment to Board of Director Committees
  Nominating and CorporateAudit Committee
    
    Compensation Committee
    
    Governance CommitteeGregory Waller, Chair
    
    Raymond Cohen, Chair
    
    Paul McCormick, ChairRaymond Cohen
    
    Paul McCormick
    
    Marvin SlepianAnn Sabahat
    
    Gregory Waller
    
    Ann Sabahat
 (e) Adoption of 2009 Bonus Plan
    Item 9.01. Financial Statements and Exhibits.
 (d) Exhibits




---



##### 



Exhibit Number
    
    Description10.1
    
    Consulting Agreement, dated January 15, 2009, by and
between Cardiogenesis Corporation and Paul McCormick.




---



##### 



SIGNATURES
  January 15, 2009
    CARDIOGENESIS CORPORATIONBy:
    /s/ William AbbottWilliam AbbottChief Financial Officer




---



##### 



EXHIBIT INDEX
 Exhibit Number
    
    Description10.1
    
    Consulting Agreement, dated January 15, 2009, by and
between Cardiogenesis Corporation and Paul McCormick.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 September 25, 2015

p0922

Order 

Clerk

September 25, 2015

150555

_________________________________________

In re Application of Indiana Michigan Power

Company for a Certificate of Necessity

_________________________________________

ASSOCIATION OF BUSINESSES 

ADVOCATING TARIFF EQUITY,

Appellant,

v SC: 150555

COA: 314829

MPSC: 00-017026

MICHIGAN PUBLIC SERVICE COMMISSION,

Appellee,

and

INDIANA MICHIGAN POWER COMPANY,

Petitioner-Appellee,

and

MICHIGAN ENVIRONMENTAL COUNCIL,

Appellee.

_________________________________________/

On order of the Court, the application for leave to appeal the October 21, 2014 

judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of 

granting leave to appeal, we VACATE only the Court of Appeals statement that: “Since 

the term [singular] is subject to two interpretations, it is ambiguous and judicial 

construction is required to effectuate Legislative intent.” This definition of ambiguity is 

not correct. A provision of law is ambiguous only if it “irreconcilably conflict[s]” with 

another provision or “when it is equally susceptible to more than a single meaning.” 

Mayor of Lansing v MPSC, 470 Mich 154, 166 (2004). However, the Court of Appeals 

correctly considered the statutory context to assess the meaning of the term. Koontz v 

Ameritech Services, Inc, 466 Mich 304, 318 (2002). In all other respects, leave to appeal 

is DENIED, because we are not persuaded that the question presented should be reviewed 

by this Court.
EXHIBIT 31.4

CERTIFICATION

I, Robert R. Bonczek, certify that:

1. I have reviewed this Amendment No. 1 to the Annual Report
on Form 10-K of Trimeris, Inc.; and

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.



Date: April 30, 2007By:

/s/ Robert R. BonczekRobert R. BonczekChief Financial Officer and General Counsel




27
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1621 Introduced in Senate (IS)]

  2d Session
                                S. 1621

 To amend the Silvio O. Conte National Fish and Wildlife Refuge Act to 
   provide that the Secretary of the Interior may acquire lands for 
 purposes of that Act only by donation or exchange, or otherwise with 
     the consent of the owner of the lands, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 15, 1996

   Mr. Gregg introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
 To amend the Silvio O. Conte National Fish and Wildlife Refuge Act to 
   provide that the Secretary of the Interior may acquire lands for 
 purposes of that Act only by donation or exchange, or otherwise with 
     the consent of the owner of the lands, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Silvio O. Conte National Fish and 
Wildlife Refuge Eminent Domain Prevention Act''.

SEC. 2. RESTRICTION ON METHOD OF ACQUISITION OF LANDS FOR PURPOSES OF 
              THE SILVIO O. CONTE NATIONAL FISH AND WILDLIFE REFUGE 
              ACT.

    Section 106 of the Silvio O. Conte National Fish and Wildlife 
Refuge Act (Public Law 102-212; 16 U.S.C. 668dd note) is amended by 
adding at the end the following:
    ``(e) Restriction on Method of Acquisition.--The Secretary may 
acquire lands for purposes of this title only by donation or exchange, 
or otherwise with the consent of the owner of the lands.''.
                                 <all>
```
Exhibit 3.62
   
   Registered Office.
 Other Offices.
   Time and Place of Meetings.
 Annual Meetings.
 Special Meetings.
 Notice.




---



##### 



Quorum.
 Voting.
 Method of Voting.
 Action Without Meeting.
 2




---



##### 



Responsibilities.
 Number; Term.
 Vacancies; Increases.
 Place of meetings.
 3




---



##### 



Regular Meetings.
 Special Meetings.
 Quorum; Majority Vote.
 Minutes.
 Committees.
 Committee Minutes.
 Action Without Meeting.
 4




---



##### 



Method.
 Waiver.
   Number.
 5




---



##### 



Appointed Officers.
 Removal.
 Compensation.
 Duties.
       6




---



##### 



Checks.
 Fiscal Year.
 Telephone and Similar Meetings.
 Distributions and Share Dividends.
 Amendment of Bylaws.
 7
<PAGE>   1
                                                                      EXHIBIT 23



The Board of Directors
Professionals Insurance Company Management Group:

We consent to incorporation  by reference in the  registration  statements (Nos.
333-34359  and  333-34361)  on  Forms  S-8 of  Professionals  Insurance  Company
Management  Group  of our  report  dated  February  27,  1998,  relating  to the
consolidated balance sheets of Professionals  Insurance Company Management Group
and subsidiaries as of December 31, 1997, and 1996, and the related consolidated
statements of income, shareholders' equity, and cash flows for each of the years
in the three-year period ended December 31, 1997, and the related financial
statement schedule,  which report  appears  in the  December  31,
1997,  annual  report  on  Form  10-K of Professionals Insurance Company
Management Group.


KPMG Peat Marwick L.L.P.

East Lansing, Michigan
March 26, 1998
<PAGE>   1





                                   EXHIBIT 11
<PAGE>   2
                                FRIEDMAN'S INC.

                STATEMENT RE:  COMPUTATION OF PER SHARE EARNINGS


<TABLE>
<CAPTION>
                                                                       YEARS ENDED SEPTEMBER 30,
                                                                     1996                      1995
                                                                     ----                      ----
 <S>                                                               <C>                       <C>
 Average shares outstanding  ...................                    12,779                    10,503
 Net effect of dilutive stock options  .........                       252                       219
                                                                   -------                   -------
          Total  ...............................                    13,031                    10,722
                                                                   =======                   =======

 Net Income  ...................................                   $13,833                   $10,427
 Per share amount  .............................                   $  1.06                   $  0.97
</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<CIK> 0001011977
<NAME> ADAMS OUTDOOR ADVERTISING INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           3,533
<SECURITIES>                                       348
<RECEIVABLES>                                    7,659
<ALLOWANCES>                                     (696)
<INVENTORY>                                        217
<CURRENT-ASSETS>                                14,142
<PP&E>                                         102,430
<DEPRECIATION>                                (51,040)
<TOTAL-ASSETS>                                  77,114
<CURRENT-LIABILITIES>                            9,123
<BONDS>                                        133,189
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (68,444)
<TOTAL-LIABILITY-AND-EQUITY>                    77,114
<SALES>                                         47,260
<TOTAL-REVENUES>                                47,260
<CGS>                                                0
<TOTAL-COSTS>                                   26,268
<OTHER-EXPENSES>                                 6,105
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,523
<INCOME-PRETAX>                                  1,535
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              1,535
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,535
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
**EXHIBIT 32.1**

**CERTIFICATION OF**

**CHIEF EXECUTIVE OFFICER**

**OF MAX RE CAPITAL LTD.**

This certification is providedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1350, and accompanies the quarterly report on Form 10-Q (the “Form 10-Q”) for the quarter ended March 31, 2006 of Max Re Capital Ltd. (the“Issuer”). 

I, Robert J. Cooney, the Chief Executive Officer of Issuer certify that: 

(i) the Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.78m(a) or 78o(d)); and 

(ii) the information contained in the Form 10-Q fairly presents, in all material respects, the financial conditionand results of operations of the Issuer. 

A signed original of this written statement required by Section 906, or other document authenticating,acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Issuer and will be retained by the Issuer and furnished tothe Securities and Exchange Commission or its staff upon request. 

Dated: June 8, 2006
Exhibit 24.1

POWER
OF ATTORNEY

KNOW
ALL PERSONS BY THESE PRESENTS, that each of UnionBanCal Corporation and the several undersigned officers and directors whose signatures appear below, hereby makes, constitutes and
appoints John F. Woods, David A. Anderson and Morris W. Hirsch and each of them acting individually, its, his and her true and lawful attorneys with power to act without any other and with full power
of substitution, to prepare, execute, deliver and file in its, his and her name and on its, his and her behalf, and in each of the undersigned officer's and director's capacity or capacities as shown
below, an Annual Report on Form 10-K for the year ended December 31, 2010, and all exhibits thereto and all documents in support thereof or supplemental thereto, and any and
all amendments or supplements to the foregoing, hereby ratifying and confirming all acts and things which said attorneys or attorney might do or cause to be done by virtue hereof.

IN
WITNESS WHEREOF, UnionBanCal Corporation has caused this power of attorney to be signed on its behalf, and each of the undersigned officers and directors, in the capacity or
capacities noted, has hereunto set his or her hand as of the date indicated below.

UNIONBANCAL CORPORATIONBy

/s/ MASASHI OKA

Dated:

March 9, 2011Name:    Masashi OkaTitle:       President and Chief Executive Officer




Signature

Title/s/ AIDA M. ALVAREZ Aida M. Alvarez

Director

March 9, 2011/s/ DAVID R. ANDREWS David R. Andrews

Director

March 9, 2011/s/ NICHOLAS B. BINKLEY Nicholas B. Binkley

Director

March 9, 2011/s/ L. DALE CRANDALL L. Dale Crandall

Director

March 9, 2011/s/ MURRAY H. DASHE Murray H. Dashe

Director

March 9, 2011/s/ CHRISTINE GARVEY Christine Garvey

Director

March 9, 2011


---



Signature

Title/s/ MOHAN S. GYANI Mohan S. Gyani

Director

March 9, 2011/s/ TAKEO HOSHI Takeo Hoshi

Director

March 9, 2011/s/ NOBUO KUROYANAGI Nobuo Kuroyanagi

Director

February 25, 2011/s/ J. FERNANDO NIEBLA J. Fernando Niebla

Director

March 8, 2011/s/ MASASHI OKA Masashi Oka

Director

March 9, 2011/s/ BARBARA L. RAMBO Barbara L. Rambo

Director

March 9, 2011/s/ MASAAKI TANAKA Masaaki Tanaka

Director

March 9, 2011/s/ TATSUO TANAKA Tatsuo Tanaka

Director

March 9, 2011/s/ DEAN A. YOOST Dean A. Yoost

Director

March 9, 2011


---
<PAGE>
 
                                                                    EXHIBIT 23.1


                      CONSENT OF INDEPENDENT ACCOUNTANTS


To the Board of Trustees of
Prentiss Properties Trust


We consent to the incorporation by reference in the registration statements on 
Form S-3 (File Nos. 333-38079, 333-49295, 333-49433, and 333-60785) and S-8 
(File No. 333-20329) of our report dated February 5, 1998, except as to Note 23 
for which the date is February 18, 1998, on our audit of the consolidated 
financial statements and financial statement schedule of Prentiss Properties 
Trust as of December 31, 1997 and 1996 and the year ended December 31, 197 and 
for the period October 22, 1996 (inception of operations) through December 31, 
1996 and on the combined financial statements of the Predecessor Company for the
period January 1, 1996 through October 22, 1996, and the year ended December 31,
1995, which report is included herein this Annual Report on Form 10-K/A.


                                             /s/ PricewaterhouseCoopers LLP

Dallas, Texas
December 24, 1998
#### M. Margaret ADAMS, Appellant, v. WEST PUBLISHING COMPANY, Appellee.

No. 93-1725.

United States Court of Appeals, Eighth Circuit.

Submitted May 11, 1994.

Decided May 25, 1994.

*636Aldo J. Terrazas, Minneapolis, MN, for appellant.

Patricia A. Bloodgood, Minneapolis, MN, (Linda L. Holstein, on the brief), for appel-lee.

Before FAGG, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

M. Margaret Adams brought this employment discrimination lawsuit after West Publishing Company (West) transferred her to a position that Adams regarded as a demotion. Adams claims West demoted her because of her age and sex and retaliated against her by not transferring her back to her old position after she filed discrimination charges with the Minnesota Department of Human Rights. According to West, Adams’s transfer was part of a restructuring plan, not a demotion. The district court applied the familiar three-step *McDonnell Douglas*framework to Adams’s claims. *See Hase v. Missouri Div. of Employment Sec.,*972 F.2d 893, 895-96 (8th Cir.1992), *cert. denied,*- U.S. -, 113 S.Ct. 2332, 124 L.Ed.2d 244 (1993). The district court concluded Adams raised a pri-ma facie case of age discrimination but failed to show any evidence of pretext for intentional discrimination. The district court also concluded Adams failed to raise a prima facie case of sex discrimination or retaliation. The district court thus granted West summary judgment on all Adams’s claims. *Adams v. West Publishing Co.,*812 F.Supp. 925, 934 (D.Minn.1993). Adams appeals the district court’s grant of summary judgment on her age discrimination and retaliation claims.

Adams contends she raised a factual dispute that her transfer was a pretext for age discrimination. We disagree. Adams presented no evidence to refute West’s affidavits showing West decided to restructure before Adams’s transfer and showing Adams was transferred to lessen overstaffing in Adams’s old department and understaffing in Adams’s new department. Although Adams claims West could have restructured without transferring her, Adams does not dispute having skills and experience urgently needed in her new department. Further, we agree with the district court that Adams’s evidence showing her new department had an older workforce and more employees retiring than her old department was not statistical evidence “of a kind and degree” suggesting age discrimination. *See Goetz v. Farm Credit Servs.,*927 F.2d 398, 405-06 (8th Cir.1991).

Adams also contends she presented sufficient evidence of retaliation. Having carefully reviewed the record, we agree with the district court that West’s failure to transfer Adams back to her old department did not show Adams was subject to an adverse employment decision because she filed discrimination charges. *See Wentz v. Maryland Casualty Co.,*869 F.2d 1153, 1154-55 (8th Cir.1989) (elements of prima facie case of retaliation).

Accordingly, we affirm.
Dear Administrator Jackson,

Honey bees and other insect pollinators are dying off at unprecedented rates and pesticides are a clear causal factor. This cannot be allowed to continue, and you can do something about it. Your agency is considering an Emergency Citizen Petition right now that seeks suspension of the insecticide clothianidin, the petition filed with you on March 20 by 25 beekeepers and four consumer and environmental groups (EPA-HQ-OPP-20 12-0334). Applied to over a hundred million acres across the country, clothianidin has recently been confirmed as a highly toxic pesticide to which honey bees are exposed at potentially lethal rates throughout the corn planting season. Because clothianidin is persistent and systemic, bees and other pollinators also face ongoing sub-lethal exposures throughout the course of the year in a variety of other settings. Immediately at stake are the livelihoods of beekeepers upon whose daily work we rely to pollinate America's vital crops. Equally important, and more profound, is the fact that pollinators are keystone, indicator species - as they go, so goes the environment, and with it, us. Ms. Jackson, you can make the difference. Please recognize this is an emergency and suspend clothianidin's registration until your agency ensures compliance with the condition it imposed nine years ago. EPA said then that the registrant for clothianidin, Bayer Crop Science, had to provide an acceptable field study showing it would have not have unreasonable adverse effects on pollinators, yet Bayer has never produced a single scientifically valid field study supporting clothianidin's safety for pollinators. To date, your agency has let down the nation in allowing an unsafe and untested chemical to be released to market. But EPA has before it a very clear opportunity to take decisive action. The ongoing threat to America's honey bees is an emergency and an imminent hazard. Period. Americans are counting on you to make this right. Si erely,
Randy Ham son 405 1 Wagner St Eugene, OR 97402



# I4N^72M OFFICE OF TME 

### ^XECUTıvE sEcRETARIAT