alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEAL S OF VIRGINIA

Present: Judg es Annunziata, Agee and Senior Judge Coleman

CLARA M. BALLARD MEMORANDUM OPINION * v. Record No. 25 17-00-3 PER CURIAM MARCH 6, 2001 HALLER CLOCK COMPANY OF AMERICA, INC. AND PENNSYLVAN IA MANUFACTURIN G ASSOCIATION INSURANCE COMPANY

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (Terry N. Grimes, on brief), for appellant. (Susan Moloney Smith; Midkiff, Munc ie & Ross, P.C., on brief), for appellees.

Clara M. Ballard (claimant) contends that the Workers' Compensation Commission erred in finding that she failed to prove she sustained an injury by accident arising out of and in the course of her employment on March 15, 1999. Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we summarily affirm the

commission's decision. See Rule 5A:27. In denying claimant's application, the commission relied upon the deputy commissioner's credibility determination, finding as follows:

* Pursuant to Code § 17.1-413, this opinion is not designated for publication.- 2 - The Deputy Commissioner found that the claimant did not sustain her burden of proof. His conclusion is based on a comparison between the claimant's hearing testimony and Dr. [John F.] Carmack's medical records, which reflect that the claimant had pain after lifting a bunch of stuff and after performing repetitive motion all day long. [The deputy commissioner] ultimately determined that the claimant's account at the hearing was not credible. . . . We find that the record supports the Deputy Commissioner's determination. [Sandra] Hackney[, claimant's supervisor,] credibly testified that the claimant did not tell her that she hurt herself until several weeks after March 15, 1999. The claimant admitted that she did not tell Hackney exactly how the accident occurred. The claimant's testimony that she refused the offer of medical assistance on April 9, 1999, because her arm hurt too much is implausible. Although she said that her arm was "killing her," she waited over a month to get treatment. The most contemporaneous medical reports support a finding that the claimant's injury was caused by repetitive trauma, which is not compensable. In light of claimant's failure to report a specific identifiable incident to her supervisor, the one-month gap between the alleged incident and when claimant first sought medical treatment, and the lack of any history of a specific identifiable work-related incident in the contemporaneous medical records, the commission, as fact finder was entitled to find claimant's hearing testimony not credible and to conclude that at most, she proved a non-compensable repetitive trauma- 3 - injury. It is well settled that credibility determinations are within the fact finder's exclusive purview. Goodyear Tire &

Rubber Co. v. Pierce , 5 Va. App. 374, 381, 363 S.E.2d 433, 437 (1987). Based upon this record, we cannot find as a matter of law that claimant's evidence sustained her burden of proof. Accordingly, we affirm the commission's decision.

Affirmed.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 98-1464
SAM WRIGHT, JR., Plaintiff - Appellant, versus MAYOR, DISTRICT OF COLU MBIA; ETHEL WRIGHT; DARREL S. PARKER, Defendants - Appellees.Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CA-97-2083-A) Submitted: May 28, 1998 Decided: June 10, 1998 Before ERVIN, LUTTIG, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Sam Wright, Jr., Appellant Pro Se. Ethel Wright, Washington, D.C., Appellee; Mary L. Wilson, OFFICE OF THE CORPORATION COUNSEL, D.C., Michael Alan Stern, Assistant Corporation Counsel, Washin gton,D.C.; Darrel S. Parker, ROUNDTREE, KNOW, HUNTER & PARKER, Washington, D.C., for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Sam Wright, Jr., appeals from the district court's order denying relief on his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Wright v. Mayor, Dist. of Columbia , No. CA-97-2083- A (E.D. Va. Feb. 27, 1998). We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
----

Action brought on 6 February 2006 by the Commission of the European Communities against the Hellenic Republic

(Case C-67/06)

(2006/C 96/07)

Language of the case: Greek

An action against the Hellenic Republic was brought before the Court of Justice of the European Communities on 6 February 2006 by the Commission of the European Communities, represented by Minas Konstantinidis and Amparo Alcover San Pedro, of its Legal Service, with an address for service in Luxembourg.

The Commission claims that the Court should:

Pleas in law and main arguments

The time-limit for transposition of the directive into domestic law expired on 18 July 2004.

----

(1)OJ No L 189, 18.7.2002, p. 12.

----
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**703 CA 14-02109** 
PRESENT: SCUDDER, P.J., CARNI, SCONIERS, VALENTINO, AND WHALEN, JJ.

RICHARD E. ROLLS, CLAIMANT-APPELLANT,

V MEMORANDUM AND ORDER

STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 119923.)

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR CLAIMANT-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATE H. NEPVEU OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Court of Claims (Richard E. Sise, A.J.), entered July 22, 2014. The order denied the motion of claimant for partial summary judgment.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, and the motion is granted.

Memorandum: Claimant commenced this action seeking damages for injuries he sustained when a state-owned vehicle driven by defendant’s employee pulled out in front of him at an intersection where claimant had the right-of-way. Claimant, who was riding a motorcycle, braked and swerved to avoid colliding with the vehicle, and the motorcycle tipped over. Claimant was not subject to any traffic control devices at the intersection, but defendant’s employee was subject to a stop sign.

The Court of Claims erred in denying claimant’s motion for partial summary judgment on the issue of negligence. “It is well settled that a driver ‘who has the right[-]of[-]way is entitled to anticipate that [the drivers of] other vehicles will obey the traffic laws that require them to yield’ ” ( Lescenski v Williams , 90 AD3d 1705, 1705, lv denied 18 NY3d 811). Here, claimant met his initial burden on the motion by establishing as a matter of law that the sole proximate cause of the accident was the failure of defendant’s employee to yield the right-of-way to him at the intersection ( see Vehicle and Traffic Law §§ 1142 [a]; 1172 [a]). In support of the motion, claimant submitted evidence demonstrating that he was traveling at a speed of approximately 50 miles per hour in a 55 mile per hour zone. As he approached the intersection, claimant began to brake when he saw defendant’s employee roll forward at the stop sign.**-2- 703 CA 14-02109** 

Claimant released the brakes when defendant’s employee stopped at the stop sign but, when claimant was within 25 feet of the intersection, defendant’s employee suddenly pulled out in front of him, causing claimant to brake, swerve, and tip over ( see Guadagno v Norward , 43 AD3d 1432, 1433; Wallace v Kuhn , 23 AD3d 1042, 1043).

In response, defendant failed to “raise[] a triable issue of fact whether [claimant] ‘was at fault in the happening of the accident or whether he could have done anything to avoid the collision’ ” ( Wallace , 23 AD3d at 1043). Defendant’s contention that claimant failed to take action to avoid the accident is “ ‘based on speculation and is insufficient to defeat a motion for summary judgment’ ” ( Liskiewicz v Hameister , 104 AD3d 1194, 1195).

Entered: June 19, 2015 Frances E. Cafarell Clerk of the Court
# United States Court of Appeals

For the Seventh Circuit Chicago, Illinois 60604

November 30, 2012

Before

DANIEL A. MANION, Circuit Judge

ILANA D. ROVNER, Circuit Judge

JOHN DANIEL TINDER, Circuit Judge

Nos. 10

‐ 3787, 10

‐ 3990 & 11

‐ 1123

IN RE: SENTINEL MANAGEMENT GROUP, INC., Debtor

.

APPEAL OF: FREDERICK J. GREDE,

not individually but as Liquidation
Trustee of the Sentinel Liquidation
Trust. Appeals from the United States District
Court for the Northern District of Illinois, Eastern Division.

No. 1:08

‐ cv

‐ 02582

James B. Zagel, Judge

.

The opinion of this court issued on August 9, 2012, is WITHDRAWN and the judgment is VACATED. This appeal remains under consideration by the panel.
Appendix G

Case 6:20-cv-00507-ADA Document 71-9 Filed 04/14/23 Page 1 of 6
Case 6:20-cv-00507-ADA Document 71-9 Filed 04/14/23 Page 2 of 6
Case 6:20-cv-00507-ADA Document 71-9 Filed 04/14/23 Page 3 of 6
Case 6:20-cv-00507-ADA Document 71-9 Filed 04/14/23 Page 4 of 6
Case 6:20-cv-00507-ADA Document 71-9 Filed 04/14/23 Page 5 of 6
Case 6:20-cv-00507-ADA Document 71-9 Filed 04/14/23 Page 6 of 6
Exhibit 15.2



| | Tel: 0438 802 818
AndrewF@KenmoreConsult.com.au
 
PO Box 2055
Churchlands WA 6018
ABN: 29 159 944 591
| | -----------------------------------------------------------------------------------------------------



The Board of Directors of
Randgold Resources Limited (the “Company”)



March 30, 2015



Re:      Consent



Ladies and Gentlemen:



I, Andrew Fox, do hereby consent to
the reference of myself in the Company’s Annual Report on Form 20-F for the year ended December 31, 2014 (the “Annual
Report’) to which this consent is an exhibit, to any reference to Mr. Andrew Fox under the heading “Experts”
in any registration statement into which the Annual Report is incorporated by reference, and to the citation and/or summarization
of the reserve statement in the Annual Report as calculated by me for the Loulo underground ore reserves.



Dated this 30th day of March 2015.



By: /s/ Andrew Fox
Name: Andrew Fox
Title: Consultant
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

# Agency Holding the Meeting: 

Board of Governors of the Federal Reserve System. 

# Time and Date: 

11:00 a.m., Monday, October 16, 2000. 

# Place: 

Marriner S. Eccles Federal Reserve Board Building, 20th and C Streets, N.W., Washington, D.C. 20551. 

# Status: 

Closed. 

# Matters to be Considered: 

1. Personnel actions (appointments, promotions, assignments, reassignments, and salary actions) involving individual Federal Reserve System employees. 

2. Any items carried forward from a previously announced meeting. 

# Contact Person for More Information: 

Lynn S. Fox, Assistant to the Board; 202-452-3204. 

# Supplementary Information: 

You may call 202-452-3206 beginning at approximately 5 p.m. two business days before the meeting for a recorded announcement of bank and bank holding company applications scheduled for the meeting; or you may contact the Board's Web site at http://www.federalreserve.gov for an electronic announcement that not only lists applications, but also indicates procedural and other information about the meeting. 

Dated: October 6, 2000. 

Robert deV. Frierson, 

Associate Secretary of the Board. 

[FR Doc. 00-26297 Filed 10-6-00; 4:43 pm] 

BILLING CODE 6210-01-P
[Federal Register Volume 65, Number 199 (Friday, October 13, 2000)]
[Notices]
[Page 60904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26356]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

[I.D. 101000B]


Submission for OMB Review; Comment Request

    The Department of Commerce has submitted to the Office of 
Management and Budget (OMB) for clearance the following proposal for 
collection of information under the provisions of the Paperwork 
Reduction Act (44 U.S.C. Chapter 35).
    Agency: National Oceanic and Atmospheric Administration (NOAA).
    Title: Information for Share Transfer in Wreckfish Fishery.
    Form Number(s): None.
    OMB Approval Number: 0648-0262.
    Type of Request: Regular submission.
    Burden Hours: 1.
    Number of Respondents: 4.
    Average Hours Per Response: 15 minutes.
    Needs and Uses: The individual transferable quota system in the 
Southeast wreckfish fishery is based on percentage shares. Persons 
holding shares may sell or otherwise transfer them to others, but 
information about the proposed transfer must be provided to NOAA. The 
information is needed to manage the quota system, and information about 
the sales price is used in economic analyses.
    Affected Public: Business and other for-profit organizations, and 
individuals.
    Frequency: On occasion.
    TRespondent's Obligation: Mandatory.
    OMB Desk Officer: David Rostker, (202) 395-3897.
    Copies of the above information collection proposal can be obtained 
by calling or writing Madeleine Clayton, DOC Forms Clearance Officer, 
(202) 482-3129, Department of Commerce, Room 6086, 14th and 
Constitution Avenue, NW, Washington, DC 20230 (or via the Internet at 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="89c4cae5e8f0fde6e7c9ede6eaa7eee6ff">[email protected]</a>).
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to David Rostker, OMB Desk Officer, Room 10202, New Executive Office 
Building, Washington, DC 20503.

    Dated: October 6, 2000
Madeleine Clayton,
Departmental Forms Clearance Officer, Office of the Chief Information 
Officer.
FR Doc. 00-26356 Filed 10-12-00; 8:45 am]
BILLING CODE 3510-22-S


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
EX-10.1





 Exhibit 10.1 

FOURTH AMENDMENT 
 TO THE

 SJW GROUP 

FORMULAIC EQUITY AWARD PROGRAM FOR 

NON-EMPLOYEE BOARD MEMBERS 

(As Amended by the THIRD AMENDMENT) 

The SJW Group Formulaic Equity Award Program For Non-Employee Board Members (the “Automatic Grant
Program”), is hereby amended as of September 8, 2021, subject to ratification by the Corporation’s Board of Directors. 
  

	 	1.	 Section II.A.1 of the Automatic Grant Program is hereby amended to add the following paragraph at the end of
the section: 


 Beginning May 1, 2020, each individual who commences service as a
non-employee board member following the date of an annual meeting of the Corporation’s shareholders, commencing with the 2020 Annual Meeting, but before the date that is two months prior to the next
annual meeting of the Corporation’s shareholders (the “New Non-Employee Director”), shall automatically be granted an Award (the “New Non-Employee
Director Award”) in the form of restricted stock units covering that number of shares of Common Stock (rounded up to the next whole share) determined by (i) dividing the Applicable Annual Amount (as defined below) by the Fair Market Value
per share on the Date of the New Non-Employee Director Award, and (ii) multiplying the number obtained from clause (i) by a fraction, with the numerator being the number of months, with each partial
month rounded up to a whole number, from the date the New Non-Employee Director commenced service to the estimated date of the next annual meeting of the Corporation’s shareholders, and the denominator
being twelve (12). For New Non-Employee Directors who commence service following the 2021 Annual Meeting, the Date of the New Non-Employee Director Award shall be the
date such individual commences service, and for New Non-Employee Directors who commenced service after the 2020 Annual Meeting and before the 2021 Annual Meeting, the Date of the New Non-Employee Director Award shall be September 8, 2021. Each New Non-Employee Director shall be eligible for an Award pursuant to the terms of the first paragraph of this
Section 1 as of the next annual meeting following the date the New Non-Employee Director commences services as a non-employee board member. 

 

	 	2.	 Section II.B. of the Automatic Grant Program is hereby amended by adding the following sentence at the end of
the paragraph: 


 Notwithstanding the foregoing in this Section II.B, restricted stock unit awards granted to New Non-Employee Directors shall vest on the one year anniversary of the date such award was granted. 













	 	3.	 Except as modified by this Fourth Amendment, all the terms and provisions of the Automatic Grant Program shall
continue in full force and effect. 


 [Signature Page Follows] 












 IN WITNESS WHEREOF, SJW Group has caused this Fourth Amendment to be executed on its
behalf by its duly-authorized officer on this 8th day of September, 2021. 
  

			
	SJW GROUP
		
	By:	 	 /s/ Eric W. Thornburg

		 	Eric W. Thornburg, President,
		 	Chief Executive Officer and Chairman of the Board of Directors
#### The People of the State of New York, Respondent, v Jose Medrano, Appellant.

Judgment of the Supreme Court, Bronx County (Robert Cohen, J.), rendered June 13, 1989, convicting defendant, after a jury trial, of rape in the first degree and four counts of sodomy in the first degree and sentencing him to five concurrent terms of 5 to 15 years, unanimously affirmed.

Defendant raped and sodomized the nine-year-old daughter of his girlfriend during January and June of 1987. Medical evidence established vaginal and anal trauma, which was consistent with penetration by an adult male penis, as well as the presence of rectal and vaginal chlamydia, a sexually transmitted disease.

Viewing the evidence in a light most favorable to the People, defendant’s guilt was proved beyond a reasonable doubt. The evidence was legally sufficient, and the verdict was in accord with the weight of the evidence. *(People v Bleakley,*69 NY2d 490.) We find no impropriety in the verdict arising from the jury’s acquittal of defendant of charges relating to three of the days for which the victim claimed sexual attacks. The mere fact of these acquittals does not support any repugnancy claim.

Defendant’s challenges to the prosecutor’s summation are unpreserved as a matter of law because of the absence of objection at trial, requests for curative instructions, or exception taken to curative instructions given and we decline to review in the interest of justice. Concur—Sullivan, J. P., Ross, Asch, Kassal and Smith, JJ.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Office of Thrift Supervision 

# DATES:

Submit written comments on or before November 9, 2000. 

*OMB Number:*                         1550-0063.                     

*Form Number:*                         OTS Form 1564.                     

*Type of Review:*                         Regular review.                     

*Title:*                         Activities of Savings and Loan Holding Companies.                     

*Description:*12 CFR Part 584.2-1 required prior notification to the OTS by savings and loan holding companies proposing to engage in prescribed services and activities. The OTS uses this information to track activities and decide the advisability of other actions.                     

*Respondents:*                         Savings and Loan Associations and Savings Banks.                     

*Estimated Number of Responses:*                         2.                     

*Estimated Burden Hours Per Response:*                         2 hours.                     

*Frequency of Response:*                         Once per year.                     

*Estimated Total Reporting Burden:*                         4 hours.                     

*Clearance Officer:*                         Ralph E. Maxwell, (202) 906-7740, Office of Thrift Supervision, 1700 Street, NW, Washington, DC 20552.                     

*OMB Reviewer:*                         Alexander Hunt, (202) 395-7860, Office of Management and Budget, Room 10202, New Executive Office Building, Washington, D.C. 20503.                     

John E. Werner, 

Director, Information & Management Services.

[FR Doc. 00-25941 Filed 10-6-00; 8:45 am] 

BILLING CODE 6720-01-P