alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Unassociated Document


Exhibit 10.3


PROMISSORY NOTE AND LOAN AGREEMENT

















Date of the Note: May 16, 2012







Payee: Richard Brock












FOR VALUE RECEIVED, the undersigned, Vidaroo Corporation (the "Maker") promises to pay to the order of the Payee, (“defined as the Payee or any Holder in due course of this Note), at such place as the Payee may from time to time designate to the Maker in writing, in legal tender of the United States, the amount of the Note, upon the following terms:







1.           The Principal Amount of the Note shall be repaid in monthly installments of $2,000.00 beginning on April 1, 2013 until the Note and related accrued interest are fully satisfied.







2.           Interest shall accrue on this Note in the amount of 12% per annum, on the principal balance outstanding.







3.           If, at any time, any monies due hereunder are not paid when due, or any other conditions hereof are not met, time being of the essence, Maker shall be in default.  In such event, Payee shall have all rights and remedies available to it under Florida law.  In the event of default, this Note and all sums due hereunder shall bear interest at the highest lawful rate of interest permitted in the State of Florida from and after the date when such sums are due.  The interest payable or agreed to be paid hereunder shall not exceed the highest lawful rate of interest permitted in the state of Florida, and if, inadvertently, there is such excess sum, it shall be applied to reduce the Principal Amount.







4.           This Note shall be construed and enforced according to the laws of Florida. This Note may not be changed orally, but only by an agreement in writing, signed by the party against whom enforcement of any waiver, change, modification or discharge is sought.







5.           Vidaroo and Payee hereby agree that the original amount loaned in June 2010, in the sum of $40,019 plus accrued interest accumulated to date under the terms and conditions of this Agreement, and agrees to terms and conditions set forth herein. Payee represents to Maker that he or she is an accredited and sophisticated investor, is fully aware of the risks associated with the loan that is being made hereby, and has had full and ample opportunity to review any and all pertinent financial and operational information relative to Maker, and has had the opportunity to seek and obtain any and all legal or financial advice or counsel relative to the making of this type of loan.







 



	 “Maker” 	 	  “Payee”	 
	 	 	 	 
	Vidaroo Corporation	 	 	 
	 	 	 	 
	 	 	 	 
	By:/s/ Thomas Moreland 5/16/12 	 	/s/ Richard Brock 5/11/12	 
	Thomas Moreland    	 	Richard Brock	 
	Chief Financial Officer
<PAGE>

                                                                    Exhibit 23.1

                         Consent of Independent Auditors

We consent to the incorporation by reference of our report dated October 29,
2003 with respect to the consolidated financial statements and schedule of
Net2Phone, Inc. included in this Annual Report (Form 10-K) for the year ended
July 31, 2003, in each of following:

        Registration Statement No. 333-101734 on Form S-8;
        Registration Statement No. 333-83670 on Form S-8
        Registration Statement No. 333-51248 on Form S-8;
        Registration Statement No. 333-74354 on Form S-8;
        Registration Statement No. 333-85945 on Form S-8; and
        Registration Statement No. 333-56844 on Form S-3, as amended by
        Registration Statement No's. 333-78713 and 333-56844 on Form S-3/A.



New York, New York
October 29, 2003
#### THEODORE N. LENCZYK *v.*MICHAEL A. GEORGETTI, ADMINISTRATOR

*Theodore N. Lenczyk,*pro se, in support of the petition.

*Michael A. Georgetti,*in opposition.

Decided October 22, 1997

The plaintiffs petition for certification for appeal from the Appellate Court (AC 16903) is dismissed.

MCDONALD, J., did not participate in the consideration or decision of this petition.
#### Alezander DELGADO, Plaintiff-Appellant, v. L. GONZALEZ, Licensed Vocational Nurse, SATF State Prison, D-Yard, Defendant-Appellee.

No. 15-15190

United States Court of Appeals, Ninth Circuit.

Submitted March 31, 2017 * San Francisco, California

Filed April 04, 2017

Alezander Delgado, Pro Se

Kevin Allen Voth, Deputy Attorney General, California Department of Justice, San Francisco, CA, for Defendant-Appellee

Before: THOMAS, Chief Judge, and HAWKINS and McKEOWN, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM **

California state prisoner Alezander Delgado appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging a First Amendment retaliation claim in connection with an allegedly false rules violation report. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under *Heck v. Humphrey,*512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). *Whitaker v. Garcetti,*486 F.3d 572, 579 (9th Cir. 2007). We vacate and remand.

The district court relied on *Edwards v. Balisok,*520 U.S. 641, 645, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997), for the proposition that Delgado’s § 1983 was *Heck*barred. But in *Nettles v. Grounds,*830 F.3d 922 (9th Cir. 2016) (en banc), *cert. denied,*(U.S. Jan. 9, 2017) (No. 16-6556), we recently said that the *Heck*bar as explained in *Edwards*“applies only to administrative determinations that ‘necessarily’ have an effect on ‘the duration of time to be served.’” *Id.*at 929 n.4 (discussing *Muhammad v. Close,*540 U.S. 749, 124 S.Ct. 1303, 158 L.Ed.2d 32 (2004) (per curiam)). *Nettles*held that “[i]f the invalidity of the disciplinary proceedings, and therefore the *435restoration of good-time credits, would not necessarily affect the length of time to be served, then the claim falls outside the core of habeas and may be brought in § 1983.” *Id.*at 929.

On this record, we do not know whether Delgado’s rules violation and loss of sixty days of good-time credit would *necessarily*affect the length of time he must serve. It is possible for lost credits to be restored. Cal. Code Regs., tit. 15, § 3327r28. To the extent Delgado’s rules violation would be used in a parole determination, the violation would only be one factor of many in a Board of Parole Hearings determination. *See Nettles,*830 F.3d at 934-35.

We do not consider issues or arguments not specifically and distinctly raised and argued in the opening brief. *See Padgett v. Wright,*587 F.3d 983, 985 n.2 (9th Cir. 2009).

Delgado’s request for alternate dispute resolution, filed on December 15, 2015, is denied as moot.

VACATED and REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rulé 36-3.
---

EXHIBIT 32.1

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

In connection with the Annual Report of Banyan Corporation (the "Company") on Form 10-KSB for the year ended December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael Gelmon, Chief
Executive Officer, 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 result of operations
      of the Company, as of, and for the periods presented in the Report.

/s/ Michael Gelmon 
  Michael Gelmon 
  Chief Executive Officer 
  April 14, 2004

A signed original of this written statement required by Section 906 has been provided to Banyan Corporation and will be retained by Banyan Corporation and furnished to the Securities and Exchange Commission or its staff upon request.

---
#### Robert VERRY, Appellant, v. CHICAGO & NORTHWESTERN TRANSPORTATION COMPANY, Appellee.

No. 80-1747.

United States Court of Appeals, Eighth Circuit.

Submitted May 19, 1981.

Decided June 5, 1981.

Stephens, Quinn, Carr, Tschetter & Buck-master, P.C., Laurence J. Zastrow, Belle Fourche, S. D., for appellant.

Woods, Fuller, Schultz & Smith, M. T. Woods, Sioux Falls, S. D., for appellee.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and BECKER,* Senior District Judge.

*

The Hon. William H. Becker, Senior United States District Judge for the Western District of Missouri, sitting by designation.

PER CURIAM.

On February 6, 1978, Robert Verry offered to buy a certain tract of land from Chicago & Northwestern Transportation Co. (C & NW) for $12,750. A deposit of $2,500 accompanied the offer, which provided that the deposit would “be refunded if this offer is not accepted by seller within ninety (90). days.” On August 31,1978, C & NW mailed a check for $2,500 back to Verry, thus indicating that it had not accepted his offer to buy the land. Verry sued C & NW for breach of contract. On cross-motions for summary judgment, the District Court1 held that “no contract was ever entered into by the Defendant.” Judgment was entered accordingly, and plaintiff Verry appeals.

We agree with the District Court. The offer was never accepted. Nor were the circumstances, including defendant’s silence until August 31, such as to estop C & NW to deny acceptance.

No useful purpose would be served by a more extended discussion. See 8th Cir. R. 14.

Affirmed.

1

. The Hon. Andrew W. Bogue, Chief Judge, United States District Court for the District of South Dakota.
**Exhibit      21**

| **Name                of Business**                 |   | **Doing                Business As**                |   | **State                of Incorporation** |
|-----------------------------------------------------|--------|-----------------------------------------------------|--------|-------------------------------------------|
|                                                |   |                                                |   |                                      |
| Commerce                Bank / Harrisburg, N.A.     |   | Commerce                Bank / Harrisburg, N.A.     |   | Pennsylvania                              |
|                                                |   |                                                |   |                                      |
| Commerce                Harrisburg Capital Trust I  |   | Commerce                Harrisburg Capital Trust I  |   | Delaware                                  |
|                                                |   |                                                |   |                                      |
| Commerce                Harrisburg Capital Trust II |   | Commerce                Harrisburg Capital Trust II |   | Delaware                                  |

----
I 

118TH CONGRESS 

1ST SESSION H. R. 6132 

To require the Consumer Product Safety Commission to promulgate a mandatory consumer product safety standard with respect to retractable 

awnings. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 1, 2023 

Mr. BALDERSON (for himself and Ms. CASTOR of Florida) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To require the Consumer Product Safety Commission to 

promulgate a mandatory consumer product safety standard with respect to retractable awnings. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Awning Safety Act 

5 of 2023’’. 

6 SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR RE7 TRACTABLE AWNINGS. 

8 (a) CONSUMER PRODUCT SAFETY STANDARD RE9 QUIRED.—Not later than 18 months after the date of the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 6132 IH

1 enactment of this Act, the Consumer Product Safety Com2 mission shall promulgate, under section 553 of title 5, 

3 United States Code, a final consumer product safety 

4 standard for fixed and freestanding retractable awnings 

5 within the jurisdiction of the Commission to protect 

6 against the risk of death or serious injury related to the 

7 hazards associated with such awnings, including the risk 

8 of death or serious injury related to the awning unexpect9 edly opening and striking a person while removing the 

10 bungee tie-downs for the cover of the awning. 

11 (b) CPSC DETERMINATION OF SCOPE.—The Con12 sumer Product Safety Commission shall specify the types 

13 of retractable awning devices within the jurisdiction of the 

14 Commission that are within the scope of subsection (a) 

15 as part of a standard promulgated under this section, as 

16 reasonably necessary to protect against hazards associated 

17 with retractable awnings. 

18 (c) TREATMENT OF STANDARD.—A consumer prod19 uct safety standard promulgated under subsection (a) 

20 shall be treated as a consumer product safety rule promul21 gated under sections 7 and 9 of the Consumer Product 

22 Safety Act (15 U.S.C. 2056 and 2058). 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6656 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
118th CONGRESS
  2d Session
                                H. R. 6656

_______________________________________________________________________

                                 AN ACT

 
  To direct the Secretary of Veterans Affairs and the Commissioner of 
     Social Security to implement automated systems with callback 
     functionality for each customer service telephone line of the 
Department of Veterans Affairs and the Social Security Administration, 
                 respectively, 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 ``Stuck On Hold Act''.

SEC. 2. IMPROVEMENTS REGARDING WAIT TIMES FOR CALLERS TO CERTAIN 
              SERVICE TELEPHONE LINES OF THE DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) Automated System.--Not later than one year after the date of 
the enactment of this Act, the Secretary of Veterans Affairs shall 
implement, for each covered line, an automated system that--
            (1) informs any caller to a covered line about the 
        anticipated wait time, if any; and
            (2) automatically offers a callback to any such caller with 
        an anticipated wait time of more than 10 minutes.
    (b) Guidance Regarding Caller Wait Times.--The Secretary shall 
issue such guidance the Secretary determines necessary to reduce the 
average wait time of a caller to a covered line to not more than 10 
minutes.
    (c) Covered Line Defined.--In this section, the term ``covered 
line'' means a customer service telephone line of the Department of 
Veterans Affairs. Such term does not include--
            (1) the toll-free hotline for veterans provided by the 
        Secretary under section 1720F(h) of title 38, United States 
        Code; or
            (2) a phone line for the emergency department of a health 
        care facility of the Department.

            Passed the House of Representatives September 25, 2024.

            Attest:

                                                                 Clerk.
118th CONGRESS

  2d Session

                               H. R. 6656

_______________________________________________________________________

                                 AN ACT

  To direct the Secretary of Veterans Affairs and the Commissioner of 
     Social Security to implement automated systems with callback 
     functionality for each customer service telephone line of the 
Department of Veterans Affairs and the Social Security Administration, 
                 respectively, and for other purposes.
```
##### 



EXHIBIT 32.1

CERTIFICATION BY CHIEF EXECUTIVE OFFICER

In connection with the periodic report of Connetics Corporation (the Company)
on Form 10-Q for the period ended June 30, 2003 as filed with the Securities
and Exchange Commission (the Report), I, Thomas G. Wiggans, President and
Chief Executive Officer of the Company, hereby certify as of the date hereof,
solely for purposes of Title 18, Chapter 63, Section 1350 of the United States
Code, that to the best of my knowledge:



| | (1) |  | the Report fully complies with the requirements of
Section 13(a) or 15(d), as applicable, 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 at the dates and for the
periods indicated.

|                                                                              
|------------------------------------------------------------------------------
|Date: August 13, 2003                                                         
|                                                                              
|/s/ Thomas G. Wiggans

Thomas G. Wiggans
President and Chief Executive Officer
#### UNITED STATES of America, Plaintiff-Appellee v. Jessica Lynn BRYANT, Defendant-Appellant

No. 16-10475 Conference Calendar

United States Court of Appeals, Fifth Circuit.

Filed April 18, 2017

James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee

Jessica Lynn Bryant, Pro Se

Before KING, HAYNES, and GRAVES, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Jessica Lynn Bryant has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir. 2011). Bryant has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Ronnie HOPSON v. LILLY, LLC, and Chae H. Bucz

2150836

Court of Civil Appeals of Alabama.

June 30, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
#### ULU, FAO, UFUTI and AUTA, Plaintiffs v. TOLI, Defendant

No. 51-1914

High Court of American Samoa Civil Jurisdiction, Trial Division [“Matai” title: “Patea”]

February 16, 1918

A. STRONACH, *Judge President of the High Court of American Samoa*

JUDGMENT

This cause coming on to be heard and being heard on the 18th day of . February, A.D., 1918, it is ordered by the Court that TOLI, the defendant in the above entitled cause, be the holder of the name PATEA for his life time or until such time as he may resign, then the name to go back to family for them to say who shall be successor to TOLI.

It is further ordered that the TEN DOLLARS paid by ULU, FAO, UFUTI and AUTA shall represent the cost in this action.

In witness whereof, I, A. Stronach, as president of the High Court have hereunto set my hand and Official Seal this the 16th day of February, A.D., 1918.
FLORIDA KALANIT 770, LLC, Appellant, v. WELLS FARGO BANK, N.A., Appellee.

No. 3D16-0842

District Court of Appeal of Florida, Third District.

Opinion filed May 9, 2018

Anya Freeman, P.A. and Anya Freeman, for appellant.

McGuireWoods LLP, Sara F. Holladay-Tobias, Emily Y. Rottmann and Brittney Lauren Bell (Jacksonville), for appellee.

Before LAGOA, FERNANDEZ and LUCK, JJ.

PER CURIAM.

Affirmed. *See**Bank of N.Y. Mellon Corp. v. Anton*, 230 So.3d 502, 504 (Fla. 3d DCA 2017) ("BONYM's allegation in the second complaint-that Anton defaulted by failing to make payment on August 1, 2008 'and all subsequent payments'-satisfies *Bartram*'s [v. U.S. Bank National Association, 211 So.3d 1009 (Fla. 2016) ] pleading requirement that the second 'foreclosure action was based on a subsequent default, and the statute of limitations had not run on that particular default.' Given the allegation that Anton failed to make all subsequent payments, the mere fact that the second foreclosure complaint alleged the same initial default date as that alleged in the first foreclosure complaint (i.e., August 1, 2008), is of no moment: by alleging that Anton failed to make the payment due on August 1, 2008 'and all subsequent payments,' the action alleged a series of defaults by Anton on all payments due beginning on August 1, 2008 and continuing up to the date of the filing of the second foreclosure action on December 19, 2014."), *review denied*, No. SC17-2072, 2018 WL 1136567 (Fla. Mar. 2, 2018).
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Kindrell Monique Sanders, * From the 238th District

 Court of Midland County,

 Trial Court No. CR35446.

Vs. No. 11-12-00045-CR * January 24, 2014

The State of Texas, * Memorandum Opinion by Wright, C.J.

 (Panel consists of: Wright, C.J.,

 Willson, J., and Bailey, J.)

This court has inspected the record in this cause and concludes that 

there is no error in the judgment below. Therefore, in accordance with this 

court’s opinion, the judgment of the trial court is in all things affirmed.
EXHIBIT 32.1


                        CERTIFICATION OF PERIODIC REPORT


I, Hanwook Bae, President of MB Tech, Inc. (the "Company"), certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

-    The Form 10-KSB for the fiscal year ended  December 31, 2004 fully complies
     with  the  requirements  of  Section  13 (a)  or 15  (d) of the  Securities
     Exchange Act of 1934 ( 15 U.S.C. 78m or 78o (d); and

-    The information  contained in the quarterly report fairly presents,  in all
     material respects, the financial condition and results of operations of the
     Company.



Dated: April 15, 2005


/s/ Hanwook Bae
--------------------------
Hanwook Bae
President/Director