alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Daisy Moss, Appellant, v City of New York et al., Respondents.

[774 NYS2d 139]

Judgment, Supreme Court, New York County (Debra James, J.), entered February 27, 2002, after a jury trial, in an action for personal injuries sustained in a fall allegedly caused by defendants’ negligent snow removal, in favor of defendants dismissing the complaint, unanimously affirmed, without costs.

The verdict is supported by the weight of the evidence. The record establishes that defendant City did not have a reasonable amount of time to clear the sidewalk of the icy condition that developed in the hours before the accident and caused plaintiffs fall *(see Valentine v City of New York,*86 AD2d 381 [1982], *affd*57 NY2d 932 [1982]). Further, the record shows that defendant Housing Authority had cleared the sidewalk of ice the evening before the accident and performed no further snow removal before the accident *(see Paula v City of New York,*249 AD2d 100 [1998]). Plaintiff’s meteorologist’s opinion, that defendants’ snow removal operations over the course of the week preceding the accident caused partially melted snow to dam up and refreeze on the sidewalk between parallel ridges of removed snow on either side of the sidewalk, was supported only by photographs of the area taken in the aftermath of the accident, and was properly precluded as lacking adequate factual foundation *(see Orr v Spring,*288 AD2d 663, 665 [2001]; *Wimbush v City of Albany,*285 AD2d 706, 707 [2001]). In view of the foregoing, plaintiff’s other claims need not be reached. Concur—Buckley, P.J., Mazzarelli, Sullivan, Friedman and Gonzalez, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                       3,091,307
<SECURITIES>                                         0
<RECEIVABLES>                                5,303,184
<ALLOWANCES>                                   148,390
<INVENTORY>                                  3,911,107
<CURRENT-ASSETS>                            14,093,346
<PP&E>                                       4,656,727
<DEPRECIATION>                                 320,110
<TOTAL-ASSETS>                              24,352,915
<CURRENT-LIABILITIES>                       11,259,798
<BONDS>                                      6,524,689
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       196,944
<OTHER-SE>                                   6,371,484
<TOTAL-LIABILITY-AND-EQUITY>                24,352,915
<SALES>                                     13,151,701
<TOTAL-REVENUES>                            13,151,701
<CGS>                                        8,445,414
<TOTAL-COSTS>                                8,445,414
<OTHER-EXPENSES>                            14,295,695
<LOSS-PROVISION>                              6,191,60
<INTEREST-EXPENSE>                             251,043
<INCOME-PRETAX>                           (10,391,891)
<INCOME-TAX>                                   110,223
<INCOME-CONTINUING>                       (10,502,114)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              (387,514)
<CHANGES>                                            0
<NET-INCOME>                              (10,889,628)
<EPS-PRIMARY>                                    (.69)
<EPS-DILUTED>                                    (.69)
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-K
FOR THE YEAR ENDED DECEMBER 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0001002531
<NAME> TOLLGRADE COMMUNICATIONS, INC.

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                      15,555,810
<SECURITIES>                                13,516,676
<RECEIVABLES>                               11,046,448
<ALLOWANCES>                                   181,204
<INVENTORY>                                 17,335,747
<CURRENT-ASSETS>                            58,645,817
<PP&E>                                       9,077,654
<DEPRECIATION>                               4,740,539
<TOTAL-ASSETS>                              66,201,954
<CURRENT-LIABILITIES>                        8,687,889
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     2,420,456
<OTHER-SE>                                  55,083,659
<TOTAL-LIABILITY-AND-EQUITY>                66,201,954
<SALES>                                     61,111,103
<TOTAL-REVENUES>                            61,111,103
<CGS>                                       25,014,418
<TOTAL-COSTS>                               25,014,418
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               100,990
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                             16,559,877
<INCOME-TAX>                                 5,937,000
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                10,622,877
<EPS-BASIC>                                       $.92
<EPS-DILUTED>                                     $.89


</TABLE>
<
  EXHIBIT 99.2

                    SECTION 906 CERTIFICATION OF LINDA BRYSON


                        CERTIFICATION OF PERIODIC REPORT

     In  connection  with the Periodic  Report of Quantum  Companies,  Inc. (the
"Company") on Form 10-QSB for the period ending March 31, 2004 as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Linda
Bryson, Chief Financial Officer of the Company,  certify,  pursuant to 18 U.S.C.
ss.  1350,  as adopted  pursuant to ss. 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: June 28, 2004          By: /s/ Linda Bryson
                                 -----------------
                                     Linda Bryson
                                     Chief Financial Officer
exv10w8












Exhibit 10.8: Non-Employee Director Compensation for 2010



Cash Compensation



Annual Retainer



Each non-employee director is entitled to receive the annual retainer compensation listed below.
In light of the economic conditions and corporate performance, the Board of Directors determined to
reduce the annual retainer compensation for 2010 to a level which amounts to 85% of the 2009 annual
retainer compensation.




	 	 	 	 	 
	 	 	2009 Level	 	2010 Level
	Service as Director
	 	$9,000	 	$7,650
	Service as Chairman of the Board*
	 	$9,000	 	$7,650
	Service as Audit Committee Chairman*
	 	$3,500	 	$2,975
	Service as Loan Committee Chairman*
	 	$3,500	 	$2,975
	Service as ALCO Committee Chairman*
	 	$3,500	 	$2,975
	Service as Compensation Committee Chairman*
	 	$3,500	 	$2,975








 




			
	*	 	Chairman fees are in addition to the annual retainer and monthly fees received by all
non-employee directors.




The annual retainer fees and chairman fees are paid on an annual basis in January of the year to
which the fee applies.



Monthly Fees



Each non-employee director is entitled to receive monthly compensation of $850. In light of the
economic conditions and corporate performance, effective February 1, 2010, the Board of Directors
reduced the monthly compensation for 2010 to a level which amounts to 85% of the 2009 monthly
compensation of $1,000 per director.



Equity Compensation



Each non-employee director is also eligible to receive non-qualified stock option awards pursuant
to the Alliance Bankshares Corporation 2007 Incentive Stock Plan in the discretion of the
Compensation Committee.
EXHIBIT 31.1
 CERTIFICATION
  1.
    
    I have reviewed this Report on Form 10-K/A of Tollgrade Communications, 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; and3.
    
    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.
  /s/ JOSEPH A. FERRARAName:
    Joseph A. FerraraTitle:
    Chief Executive Officer and President
#### The People of the State of New York, Respondent, v Kaen Robertson, Also Known as Patrick Roberts, Appellant.

*281[774 NYS2d 681]

Judgment, Supreme Court, Bronx County (Patricia Williams, J.), rendered on or about January 11, 2001, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted *(see Anders v California,*386 US 738 [1967]; *People v Saunders, 52*AD2d 833 [1976]). We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal.

Pursuant to Criminal Procedure Law § 460.20, defendant may apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within 30 days after service of a copy of this order, with notice of entry.

Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice. Concur—Tom, J.P., Andrias, Ellerin and Gonzalez, JJ.
#### The Edisto Island Ferry Company *ads.*The Executors of Clark.

Tried before his Honor Judge Evans, Charleston, January Terra, 1837.

This was an action against the defendants, as common carriers, for the value of a negro, Sam, alleged to have been drowned in crossing the ferry. The evidence was, that two negroes came to the ferry landing, and called for the boat. The ferryman went over in a small batteau, very small, leaky, and dangerous. One of the negroes got in the batteau. No person saw what occurred after this ; and there was no evidence, that Sam was the negro who entered the boat. The boat was afterwards seen with the appearance ot having been overset in the river. The ferryman was found the next day, or the day after, drowned, in the river. A jacket belonging to some strange.negro, was also found. One or two days after, the owners of Sam sent to search for him. His body was found in the river. The witness saw it at Clark’s plantation, nine or ten miles below the ferry. It was brought to the shore, there, by the boat sent to make the search, but the witness did not know where it was found.

It was very clear that Sam had b.eep drowned somewhere, and there was every reason to believe that the negro taken into the boat was drowned with the ferryman. There was no proof that any other negro had been lost in that neighborhood. The case was submitted to the jury, to decide, whether Sam was drowned in crossing the ferry. They found for the plaintiff. The notice of appeal is annexed.

JOSIAH J. EVANS.

*Ground of Appeal.*

That there was no evidence that the negro, Sam, the property of the plaintiffs, crossed the ferry at the time in question ; nor evidence that he was drowned in crossiug the ferry; and the verdict was wholly unsupported by the testimony in the case ; and there were no circumstances detailed by the witnesses, sufficient to authorize the verdict,

ECKHARD, *Dejendanfs Attorney.*

Mr. Justice Evans

delivered the opinion of *the court.*

The question, whether the negro, Sam, was drowned in crossing at the defendant’s ferry, was a question of fact, which the jury have decided. This court is satisfied with the verdict, and the motion is dismissed.

JOSIAH J, EVANS.

*301Eokhard, fur motion.

Carroll & Porter, contra.

Filed 14th February, 1837.

We concur,

RICHARD GANTT,

J. B. O’NEALL,

J. S. RICHARDSON,

A. P. BUTLER.
April 21, 2004



Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549
Commissionaires:

We have read the statements made by Exabyte Corporation (copy attached), which we understand will be filed with the Commission, pursuant to Item 4 of Form 8-K, as part of the Company's Form 8-K report dated April 16, 2004. We agree with the statements concerning our Firm in such Form 8-K.

Very truly yours,

/s/ PricewaterhouseCoopers LLPPricewaterhouseCoopers LLP
Exhibit 21.1
  LIST
    OF
    SUBSIDIARIES*
  Name in Corporate Articles

JurisdictionR-New UK Studio Limited

UKGT Interactive Software France SARL

FranceGT Interactive Europe Holdings BV

HollandGT Interactive Software GmbH**

GermanyGT Value GmbH

GermanyGT Interactive Software Europe Ltd.**

UKGT Interactive Holdings Ltd.

UKGT Distribution Ltd.

UKBamblewood Computers Ltd.

UKRenegade Interactive Ent. Ltd.

UKPremier European Promotions Ltd.

UKOne Stop Direct Ltd.

UKWizardworks (UK) Ltd.

UKSoftware Sourcerers Ltd.

UK   sub-landlord.
# Fourth Court of Appeals

San Antonio, Texas

January 24, 2018

No. 04

- 16

- 00593

- CV

Alvin M. BURNS and I.M. Burns

,

Appellants

v.

DIMMIT COUNTY, TEXAS , Roberto Ramirez, and Edward Dryden, Eusebio Cantu Torres, Eusebio Torres, Jr., Gladiator Energy Services, LLC, Hope Balderas, Juan Morales Balderas, and Lucia Balderas Lopez, Appellees

From the 293rd Judicial District Court, Dimmit Cou nty, Texas

Trial Court No. 12

- 07

- 11738

- DCV Honorable David Peeples, Judge Presiding



### O R D E R

The appellee ’ s Dimmit County, Texas ’ motion for copy of sealed reporter ’ s record is hereby DENIED.

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 24th day of January, 20 18

.

___________________________________ KEITH E. HO TTLE

, Clerk of Court
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4115 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4115

  To amend title 28, United States Code, to provide a restoration of 
       notice pleading in Federal courts, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2009

   Mr. Nadler of New York (for himself, Mr. Johnson of Georgia, Mr. 
Conyers, Mr. Scott of Virginia, Mr. Delahunt, Ms. Jackson-Lee of Texas, 
   Ms. Chu, Mr. Michaud, Ms. Kilpatrick of Michigan, and Mr. Cohen) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend title 28, United States Code, to provide a restoration of 
       notice pleading in Federal courts, 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 ``Open Access to Courts Act of 2009''.

SEC. 2. NOTICE PLEADING RESTORATION.

    (a) In General.--Chapter 131 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2078. Limitation on dismissal of complaints
    ``(a) A court shall not dismiss a complaint under subdivision 
(b)(6), (c) or (e) of Rule 12 of the Federal Rules of Civil Procedure 
unless it appears beyond doubt that the plaintiff can prove no set of 
facts in support of the claim which would entitle the plaintiff to 
relief. A court shall not dismiss a complaint under one of those 
subdivisions on the basis of a determination by the judge that the 
factual contents of the complaint do not show the plaintiff's claim to 
be plausible or are insufficient to warrant a reasonable inference that 
the defendant is liable for the misconduct alleged.
    ``(b) The provisions of subsection (a) govern according to their 
terms except as otherwise expressly provided by an Act of Congress 
enacted after the date of the enactment of this section or by 
amendments made after such date to the Federal Rules of Civil Procedure 
pursuant to the procedures prescribed by the Judicial Conference under 
this chapter.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 131 of title 28, United States Code, is amended by adding at 
the end the following new item:

``2078. Limitation on dismissal of complaints.''.
                                 <all>
```
Exhibit 32.2

Certification Pursuant to 18 U.S.C. 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

The undersigned hereby certifies that, to his knowledge, (i) the Form 10-Q of American Community Bancshares, Inc. (the Company) for the quarter ended September 30, 2007 (the Report), as filed with
the Securities and Exchange Commission, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii) the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company on the dates and for the periods presented therein.



|                       |  |     |  |                                                  
|---------------------- |  | --- |  | -------------------------------------------------
|Date: November 6, 2007 |  | By: |  | /s/ Dan R. Ellis, Jr.                            
|                       |  |     |  | Dan R. Ellis, Jr.                                
|                       |  |     |  | Senior Vice President and Chief Financial Officer
O rder entere d January 30, 201 8

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01 - 17 - 00 256 - CV

——————————— CAROLYN JAMES, G. WE SLEY URQUHART, G. WE SLEY URQUHART,

P.C. AND MARY ELIZAB ETH URQUHART , Appella nts V. RICHARD STEPHEN CALKINS, INDIVIDUALL Y AND AS AGENT - IN FACT, FOR MARY OLIVE CALKINS, AND MICHAEL EASTON , Appell e e s On Appeal from the 61st District Court Harris County, Texas Trial Court Ca se No. 2011 - 21236 MEMORANDUM O R DER Appellant Carolyn James has filed a motion to dismiss her appeal, and Appellees do not oppose the motion. We grant this motion and dismiss the appeal of appellan t Carolyn James
. See T EX . R. A PP . P. 42.1(a)(1), (b). The appeal of G.2

Wesley Urquhart, G. Wesley Urquhart, P.C., and Mary Elizab eth Urquhart will continue
. This interlocutory order will become final when a judgment is issued in this cause number. It is so ORDERED
. PER CURIAM Panel consists of Justices Jennings, Massengale, and Caughey.
EXHIBIT 99.1

                 CERTIFICATION PURSUANT TO U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Annual Report of Speedus Corp. (the "Company") on
Form 10-K for the annual period ended December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Shant
S. Hovnanian, Chairman of the Board and Chief Executive 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 of 1934, amended; and

      (2)   The information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company.


By:    /s/ Shant S. Hovnanian
       ----------------------
Name:  Shant S. Hovnanian
Title: Chairman of the Board of Directors and Chief Executive Officer
Date:  March 31, 2003
#### In the Matter of Claude Pinson HUDSON, Respondent.

(346 S. E. (2d) 706)

Supreme Court

March 12, 1986.

ORDER

Ness, Chief Justice:

This matter is before the Court upon the Petition of the Board of Commissioners on Grievances and Discipline requesting the Court to temporarily suspend the respondent from the practice of law and to order an audit of his bank accounts. Upon hearing arguments of counsel in this matter,

It is the order of the Court that:

> (1) The respondent is temporarily suspended from the practice of law immediately, until the further order of this Court.

> (2) The respondent is enjoined from using, drawing checks on or withdrawing funds from any bank account that he may have.

> (3) The respondent is enjoined immediately from disposing of any lands which he may have in his own name or any interest in land which he may have in South Carolina until the further order of this Court.

The respondent has confessed judgment in the sum of Sixty Three Thousand Six Hundred Twenty and 11/100 ($63,620.11) Dollars with interest, costs and attorney’s fees which will be paid on or before 5:00 o’clock p.m., on April 3, 1986. Failure to comply with any of the terms of this order shall constitute contempt of court and the respondent shall *429be subject to immediate incarceration.

All of which is so ordered.
Case: 3:17-cv-00334-TMR Doc #: 14-5 Filed: 04/16/19 Page: 1 of 1 PAGEID #: 272
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