alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Garrett Marcell Warbington, :

:

Plaintiff, :

v. : Civil Action No. 19-1585 (CKK)

:

Harris Teeter, Inc., :

:

Defendant. :

MEMORANDUM OPINION

Plaintiff, appearing pro se, filed a complaint in the Superior Court of the District of 

Columbia against Harris Teeter, Inc., which removed the action to this Court based on diversity 

jurisdiction. See Not. of Removal ¶¶ 3, 6, 7 [Dkt. # 1] (citing 28 U.S.C. § 1441(b)(1)). Pending 

is Defendant’s Motion to Dismiss, or Alternatively, for a More Definite Statement. For the 

following reasons, the Court will grant the motion to dismiss.

On July 1, 2019, plaintiff was ordered to respond to defendant’s motion by August 5, 

2019 or face possible dismissal of the case. See Order [Dkt. # 8]. Plaintiff has neither complied 

with the order nor requested additional time to comply. Consistent with the advisements in the 

order the Court turns to defendant’s arguments, and it agrees that the Complaint [Dkt. # 1-1] is 

wholly deficient in stating a viable claim for relief. See Def.’s P. & A. in Supp. of Mot. to 

Dismiss at 2-4; Fed. R. Civ. P. 8(a) (setting out minimal pleading requirements). Therefore, 

dismissal is warranted, albeit without prejudice. See Def.’s Praecipe of Dismissal [Dkt. # 9]

(requesting dismissal with prejudice); cf. Firestone v. Firestone, 76 F.3d 1205, 1209 (D.C. Cir. 

1996) (A dismissal with prejudice is harsh and warranted only when a trial court “determines 

that ‘the allegation of other facts consistent with the challenged pleading could not possibly cure 
2

the deficiency.’ ”) (quoting Jarrell v. United States Postal Serv., 753 F.2d 1088, 1091 (D.C. Cir. 

1985)); Koch v. White, 134 F. Supp. 3d 158, 164 (D.D.C. 2015) (“Given the strong preference 

for adjudicating cases on their merits rather than on the basis of formalities, . . . dismissal with 

prejudice for less than perfect compliance with Rule 8(a) is unwarranted”) (citing Ciralsky v. 

CIA, 355 F.3d 661, 670-71 (D.C. Cir. 2004)). A separate order accompanies this Memorandum 

Opinion. 

___________s/_______________

COLLEEN KOLLAR-KOTELLY

Date: September 18, 2019 United States District Judge
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 96-2200

___________

Timothy Edward Holz,, *

*

Appellant, *

*

v. *

*

Gary Grimes, *

*

*

Appellee. *

*

----------------- *

*

Timothy Edward Holz, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* District of Western Arkansas.

Gary Grimes, *

* [UNPUBLISHED]

Appellee. *

*

----------------- *

*

Timothy Edward Holz *

*

Appellant, *

*

v. *

*

Gary Grimes; Officer Hammond, *

Sebastian County Detention *

Center Deputy; Officer Cox, *

Sebastian County Detention *

Center Deputy, *

*

Appellees. *
 The Honorable Beverly R. Stites, United State Magistrate

1

Judge for the Western District of Arkansas, to whom the case was

referred for final disposition by consent of the parties pursuant

to 28 U.S.C. § 636(c).

-2-

___________

 Submitted: April 23, 1997

 Filed: April 30, 1997

___________

Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit 

Judges.

___________

PER CURIAM.

Timothy Edward Holz, an Arkansas inmate, appeals the district

court's judgment in favor of defendants in his 42 U.S.C. § 1983 actions

1

following a bench trial. Having carefully reviewed the record and the

parties' briefs, we conclude the district court's judgment was correct for

the reasons stated in its thorough memorandum opinion. Accordingly, we

affirm. See 8th Cir. R. 47B. We deny Holz’s motion for a writ of

mandamus.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
<PAGE>
 
                           EXHIBIT 11 TO FORM 10-QSB

                       FRONTIER NATURAL GAS CORPORATION
       COMPUTATION OF NET INCOME PER COMMON AND COMMON EQUIVALENT SHARE
                                  (UNAUDITED)


<TABLE>
<CAPTION>
                                                     Nine Months Ended
                                                        September 30,
                                            ---------------------------------
                                                1996                1995
                                            -------------       -------------
<S>                                         <C>                 <C> 
Common shares outstanding beginning             5,058,406           2,418,050 

Add:/1/ 
   Shares purchased under common stock
     subscription agreement                           ---              90,450
   Cumulative preferred stock conversion                            1,456,954
   Stock issued for services                       87,500               5,000
   Secondary Offering                           1,996,150                 ---
                                            -------------       -------------
 
Total equivalent common shares                  7,142,056           3,970,454
                                            =============       =============
 
 
Net loss                                    $ (2,288,471)       $   (737,727)
 
   Cumulative Preferred Stock dividend           (77,365)           (369,593)
   Value of common stock issued for 
    cumulative preferred stock in excess 
    of original terms, net of relieved 
    preferred stock dividend                         ---          (2,183,471)
                                            ------------        -------------
 
Net loss available to common and common
  equivalent shares                         $ (2,365,836)       $ (3,290,791)
                                            =============       =============
 
Net loss per common and common equivalent 
  share                                     $       (.33)       $       (.83)
                                            =============       =============
</TABLE>

The accompanying notes are an integral part of these financial statements.





--------------------------------
   /1/  Common stock equivalents were determined based on the "Treasury Stock 
        Method" as set forth in Accounting Principals Board Opinion No. 15.
EXHIBIT 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER

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 Quarterly Report of Applied Imaging Corp. (the Company) on Form 10-Q for the period ended September 30, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Terence Griffin, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



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



|                        |  |     |  |                        
|----------------------- |  | --- |  | -----------------------
|Date: November 14, 2005 |  | By: |  | /s/ TERENCE GRIFFIN    
|                        |  |     |  | Terence Griffin        
|                        |  |     |  | Chief Financial Officer



This certification
accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
Exhibit 10.7(a)

 

FIRST AMENDMENT TO EMPLOYMENT CONTRACT

 

Effective as of January 1, 2012 an employment contract (the “Employment Contract”) was entered into by and between Impac Mortgage Holdings, Inc. (“Employer”) and Joseph Tomkinson (“Employee”).

 

WHEREAS, the contract term was from January 1, 2012 through December 31, 2014;

 

WHEREAS, the contract has been in force for approximately;

 

WHEREAS, the parties thereto wish to amend the terms thereof for the calendar year 2012;

 

Now, therefore the parties agree and understand that pursuant to the terms thereof Employee is entitled to an Annual Bonus consistent with the terms specified in Section 3.1(b) of the Employment Contract.  For valid consideration, the receipt of which is hereby acknowledged, the parties agree that the amount of the earned bonus for the calendar year 2012 shall be reduced by the amount of $150,000.  Employee specifically acknowledges that he understands that as a result, he will receive a bonus amount for 2012, but the amount will be as identified in Section 3.1(b) less $150,000.

 

In all other regards the Employment Contract and its terms hereby ratified and restated.

 

	
Dated:
    	
 
    
	
 
    	
 
    
	
 
    	
 
    
	
/s/ Joseph Tomkinson
    	
 
    
	
 
    	
 
    
	
Joseph Tomkinson
    	
 
    
	
 
    	
 
    
	
/s/ Ron Morrison
    	
 
    
	
 
    	
 
    
	
Impac Mortgage Holdings, Inc.
    	
 
    
	
By Ron Morrison
    	
 
    
	
EVP
#### COM. v. CRUZ-VENTURA, F.

73 MDA 2017

Superior Court of Pennsylvania.

09/15/2017

CP-36-CR-0000545-2000, CP-36-CR-0001487-1999 (Lancaster)

Affirmed
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE WISER
OIL COMPANY CONSOLIDATED FINANCIAL STATEMENT AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<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>                                           5,870
<SECURITIES>                                     7,176
<RECEIVABLES>                                   14,091
<ALLOWANCES>                                         0
<INVENTORY>                                      1,289
<CURRENT-ASSETS>                                21,723
<PP&E>                                         311,690
<DEPRECIATION>                                 131,972
<TOTAL-ASSETS>                                 208,617
<CURRENT-LIABILITIES>                           18,230
<BONDS>                                         78,654
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        27,347
<OTHER-SE>                                      71,915
<TOTAL-LIABILITY-AND-EQUITY>                   208,617
<SALES>                                         72,012
<TOTAL-REVENUES>                                86,689
<CGS>                                           25,432
<TOTAL-COSTS>                                   70,737
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,452
<INCOME-PRETAX>                                 10,500
<INCOME-TAX>                                     4,072
<INCOME-CONTINUING>                              6,428
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,428
<EPS-PRIMARY>                                      .72
<EPS-DILUTED>                                      .72
        

</TABLE>
105TH CONGRESS

1ST SESSION H. CON. RES. 98

CONCURRENT RESOLUTION

Authorizing the use of the Capitol Grounds for the

SAFE KIDS Buckle Up Car Seat Safety Check.
105TH CONGRESS

1ST SESSION H. CON. RES. 98

CONCURRENT RESOLUTION

1 Resolved by the House of Representatives (the Senate

2 concurring),

3 SECTION 1. USE OF CAPITOL GROUNDS.

4 The National SAFE KIDS Campaign (in this resolu5 tion referred to as the ‘‘sponsor’’) shall be permitted to
2

•HCON 98 EH

1 sponsor a public event, the SAFE KIDS Buckle Up Car

2 Seat Safety Check, on the Capitol Grounds on August 27

3 and 28, 1997, or on such other dates as the Speaker of

4 the House of Representatives and the President pro tem5 pore of the Senate may jointly designate.

6 SEC. 2. TERMS AND CONDITIONS.

7 (a) IN GENERAL.—The event authorized to be con8 ducted under section 1 shall be free of admission charge

9 to the public and arranged not to interfere with the needs

10 of Congress, under conditions to be prescribed by the Ar11 chitect of the Capitol and the Capitol Police Board.

12 (b) EXPENSES AND LIABILITIES.—The sponsor shall

13 assume full responsibility for all expenses and liabilities

14 incident to all activities associated with the event.

15 SEC. 3. EVENT PREPARATIONS.

16 (a) STRUCTURES AND EQUIPMENT.—Subject to the

17 approval of the Architect of the Capitol, the sponsor may

18 erect upon the Capitol Grounds such stage, sound amplifi19 cation devices, and other related structures and equip20 ment, and may take such other actions, as may be re21 quired for the event authorized to be conducted under sec22 tion 1.

23 (b) ADDITIONAL ARRANGEMENTS.—The Architect of

24 the Capitol and the Capitol Police Board may make such
3

•HCON 98 EH

1 additional arrangements as may be required to carry out

2 the event.

Passed the House of Representatives July 28, 1997.

Attest:

Clerk.
# Russian Media Spreading Disinformation About U.S. Bioweapons as Troops Mass Near Ukraine

/ Published Feb. 8, 2022

by Matt Field | February 8, 2022 | The Bulletin

Some outlets the US State Department highlighted as Kremlin proxy media in a 2020 report on Russian media disinformation have amplified messaging around supposed US biological malfeasance in Ukraine."

**Read More...**
No. 11-9683.

#### Timm *v.*Illinois.

App. Ct. Ill., 4th Dist. Cer-tiorari denied.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 108 Introduced in House (IH)]

105th CONGRESS
  2d Session
H. J. RES. 108

  Proposing an amendment to the Constitution of the United States to 
   allow the limitation of contributions and expenditures respecting 
                               elections.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 1998

 Mr. Moran of Virginia (for himself and Mr. LaTourette) introduced the 
following joint resolution; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Proposing an amendment to the Constitution of the United States to 
   allow the limitation of contributions and expenditures respecting 
                               elections.

Whereas the Congress seeks to ensure that all citizens, regardless of wealth, 
        have an equal voice in elections and an equal opportunity to run for 
        public office;
Whereas the Congress seeks to further the principle of ``one person, one vote'' 
        and to preserve the integrity of the democratic system;
Whereas the Congress seeks to limit corruption with respect to elections and the 
        appearance of such corruption; and
Whereas the Congress believes that the unlimited use of money to influence 
        elections is incompatible with the principles of free speech and equal 
        protection established under the first and fourteenth amendments of the 
        Constitution: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States 
within seven years after the date of its submission for ratification:

                              ``Article --

    ``Section 1. The Congress shall have the power to set limits on 
contributions and expenditures respecting any Federal election or 
ballot measure.
    ``Sec. 2. Each State shall have the power to set limits on 
contributions and expenditures respecting all non-Federal elections and 
ballot measures in that State. For the purposes of this section the 
term `State' means each of the several States, the District of 
Columbia, and any commonwealth, territory, or possession of the United 
States.''.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-START>                             JUL-01-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                         555,357
<SECURITIES>                                   261,536
<RECEIVABLES>                                4,459,348
<ALLOWANCES>                                 (312,670)
<INVENTORY>                                  2,933,373
<CURRENT-ASSETS>                             8,855,567
<PP&E>                                       3,825,745
<DEPRECIATION>                             (1,097,982)
<TOTAL-ASSETS>                              17,113,139
<CURRENT-LIABILITIES>                       10,124,539
<BONDS>                                      1,647,176
<COMMON>                                           319
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   5,161,129
<TOTAL-LIABILITY-AND-EQUITY>                17,113,139
<SALES>                                      5,827,768
<TOTAL-REVENUES>                             5,827,768
<CGS>                                        4,992,034
<TOTAL-COSTS>                                4,992,034
<OTHER-EXPENSES>                             1,348,545
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             217,408
<INCOME-PRETAX>                              (580,131)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (580,131)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (580,131)
<EPS-PRIMARY>                                   (0.05)
<EPS-DILUTED>                                   (0.05)
        

</TABLE>
<PAGE>
 
                                                            Exhibit 11.01


                    APPLIED IMAGING CORP. AND SUBSIDIARIES

                  COMPUTATION OF PRO FORMA NET LOSS PER SHARE
               (Unaudited, in thousands, except per share data)

<TABLE> 
<CAPTION> 
                                          Three Months Ended          Six Months Ended          
                                             June 30, 1996              June 30, 1996
                                            ---------------            ---------------
<S>                                          <C>                      <C> 
Weighted average common shares outstanding      1,089,745               1,084,210

Preferred Stock (1)                             2,939,006               2,939,006



Common stock equivalents accounted for
under Staff Accounting Bulletin No. 83:

         Preferred stock                        1,106,217               1,106,217  
         Employee stock options                   217,140                 217,140  
         Preferred stock warrants                 340,010                 340,010  
                                              -----------              ---------- 
         Total weighted average common
         shares outstanding                     5,692,118               5,686,583  
                                              ===========              ========== 

Net loss                                         (575,000)             (1,235,000)
                                              ===========              ========== 

Pro forma net loss per share                   $    (0.10)             $    (0.22)
                                              ===========              ========== 
</TABLE> 

(1) Includes convertible preferred stock and 110,416 preferred stock warrants
    converted into 85,388 shares of common stock, under the treasury-stock
    method.
535 P.2d 28

#### The STATE of Arizona, Appellee, v. Manuel E. VALENZUELA, Appellant.

No. 2 CA-CR 558.

Court of Appeals of Arizona, Division 2.

May 14, 1975.

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, and Robert S. Golden, Asst. Attys. Gen., Phoenix, for appellee.

William F. Olson, Bisbee, for appellant.

OPINION

PER CURIAM.

Appellant’s claim that the court lacked jurisdiction to sentence him since the sentence was pronounced 35 days after the determination of guilt is without merit. Rule 26.3(a), Arizona Rules of Criminal Procedure, provides that the sentence shall be pronounced not less than 15 nor more than 30 days after the determination of guilt unless the court, after advising the defendant of his right to a pre-sentence report, grants his request that the sentence be pronounced earlier. Rule 26.3(b), Arizona Rules of Criminal Procedure, is inapplicable in this case, since it provides that the trial court, upon a showing of good cause, can reset the date of sentencing beyond 60 days after the determination of guilt. We are dealing here with a sentence pronounced 35 days after the determination of guilt where good cause for the delay is not apparent. Sentencing of the appellant 5 days after the time period provided in Rule 26.3(a) did not deprive the court of jurisdiction nor has appellant shown any prejudice resulting from the court’s action. Cf., State v. Short, 23 Ariz.App. 59, 530 P.2d 905 (1975).

Affirmed.
No. 11M117.

#### Emmett *v.*Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

Motion to direct the Clerk to file petition for writ of certio-rari out of time under this Court’s Rule 14.5 denied.