alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

Exhibit 10.1


                                Amendment to the
            Mayor's Jewelers, Inc. 1987 Employee Stock Purchase Plan

         Unless otherwise defined herein, the terms defined in the Mayor's
Jewelers, Inc. 1987 Employee Stock Purchase Plan (the "Purchase Plan") shall
have the same meanings in this Amendment to the Mayor's Jewelers, Inc. 1987
Employee Stock Purchase Plan ("Amendment").

         WHEREAS, the Stockholders of the Company have determined that it would
be in the best interests of the Company to increase the number of shares of
Common Stock that may be delivered to participating employees under the Purchase
Plan by 500,000 shares from 562,500 to 1,062,500;

         Effective as of July 22, 2003, the Plan shall be amended in the
following manner:

1. The first sentence in the subsection entitled "Stock Subject to Option" of
the Purchase Plan will be amended to read as follows:

         "The maximum number of shares of Common Stock which will be made
available for sale under the Purchase Plan will be 1,062,500 shares, subject to
adjustment on changes in capitalization."
<PAGE>


                                                                     Exhibit 23b





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statement No.
333-105704 of PSEG Power LLC (the "Company") on Form S-3 of our report dated
February 28, 2005 (which report expresses an unqualified opinion and includes an
explanatory paragraph for the adoption of Statement of Financial Accounting
Standards No. 143, "Accounting for Asset Retirement Obligations" described in
Note 3), appearing in this Annual Report on Form 10-K of the Company for the
year ended December 31, 2004.


/s/ Deloitte & Touche LLP

February 28, 2005
#### Valerie WILLIAMS, Plaintiff-Appellant, v. LONG BEACH MORTGAGE COMPANY, Deutsche Bank National Trust Company, (as Trustee for Long Beach Mortgage Trust 2006-2), J.P. Morgan Chase Bank, National Association, Pitnick & Margolin LLP, C. Lance Margolin, Defendants-Appellees, Steven J. Baum, Dawn Hanzlik-Hexemer, Unknown Others, Defendants.*

16-3646

United States Court of Appeals, Second Circuit.

January 22, 2018

FOR PLAINTIFF-APPELLANT: Valerie Williams, Mount Vernon, NY.

FOR DEUTSCHE BANK AND J.P MORGAN: Jonathan E. Samon, McGlin-chey Stafford, New York, NY.

FOR PITNICK *&*MORGOLIN LLP AND C. LANCE MARGOLIN: Alan H. Weinreb, The Margolin *&*Weinreb Law Group, LLP, Syosset, NY.

FOR LONG BEACH MORTGAGE CO.: No appearance.

PRESENT: DENNIS JACOBS, PETER W. HALL, CHRISTOPHER F. DRONEY, Circuit Judges.

*

The Clerk of Court is directed to amend the official caption as set forth above.

SUMMARY ORDER

Appellant Valerie Williams, pro se, appeals from a judgment dismissing her amended complaint. Williams sued various financial institutions and law firms for fraud stemming from a mortgage foreclosure. The district court dismissed for lack *93of subject matter jurisdiction. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

We review de novo dismissals for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1), “accepting as true the allegations in the complaint and drawing all reasonable inferences in favor of the plaintiff.” *Cayuga Nation v. Tanner,*824 F.3d 321, 327 (2d Cir. 2016) (citations omitted). Williams affirmatively waives any challenge to the district court’s determination that it lacked original federal jurisdiction. She argues that the district court should have exercised supplemental jurisdiction over her state-law claims, asserting that she submitted substantial evidence of her equitable interest in her home. As we recently reaffirmed, “a district court ‘cannot exercise supplemental jurisdiction unless there is first a proper basis for original federal jurisdiction.’” *Cohen v. Postal Holdings, LLC,*873 F.3d 394, 399 (2d Cir. 2017) (quoting *Nowak v. Ironworkers Local 6 Pension Fund,*81 F.3d 1182, 1187 (2d Cir. 1996)). The district court correctly concluded that it lacked subject matter jurisdiction over Williams’s purported federal claims, and was “thereby precluded from exercising supplemental jurisdiction over related state-law claims.” *Id.*

We have considered Williams’s remaining arguments and find them to be without merit. Accordingly, we AFFIRM the district court’s judgment.
Submitted September 2,

reversed December 7, 2016

#### STATE OF OREGON, *Plaintiff-Respondent, v.*JASON ROBERT GRANT, *Defendant-Appellant.*

Douglas County Circuit Court

12CR2438MI; A159611

385 P3d 1232

Ernest G. Lannet, Chief Defender, and Laura E. Coffin, Deputy Public Defender, Criminal Appellate Section, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jordan R. Silk, Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

*720PER CURIAM

Defendant appeals a judgment of conviction on one count of fourth-degree assault. In his second assignment of error, defendant argues that the trial court erred in denying his motion for judgment of acquittal because the evidence was legally insufficient to show that defendant caused the complainant a “physical injury” as defined in ORS 161.015(7). The state concedes error on that assignment. We agree, accept the state’s concession, and reverse. Because we reverse defendant’s conviction on that basis, we do not address his other assignments of error.

As relevant here, ORS 163.160 provides:

> “(1) A person commits the crime of assault in the fourth degree if the person:

> “(a) Intentionally, knowingly or recklessly causes physical injury to another!.]”

“Physical injury” is defined by statute as “impairment of physical condition or substantial pain.” ORS 161.015(7).

In this case, the trial court based its conviction of defendant on his causing the complainant “impairment of physical condition.” We have determined that an “impairment of physical condition” means “harm to the body that results in a reduction in one’s ability to use the body or a bodily organ for less than a protracted period of time.” *State v. Higgins,*165 Or App 442, 446-47, 998 P2d 222 (2000). The state concedes that the evidence in this case is legally insufficient to support a finding of “physical injury” under the case law. We agree. The state presented no evidence that defendant caused the complainant a diminishment in the ability to use a body part or a disruption in the normal functioning of a bodily organ. Accordingly, we accept the state’s concession and reverse defendant’s judgment of conviction for fourth-degree assault.

Reversed.
EX-10.18



 Exhibit 10.18 
  





 
 September 24, 2010 

Mr. Michael M. Afergan 
  

	 	Re:	Board Membership 

 Dear Mike: 

We are pleased to offer you a position as a member of our Board of Managers (the “Board”) of Mercury Payment Systems LLC
(“Mercury”). This letter outlines the compensation arrangements for your service on our Board. 
 1. Term of
Service; Board Meetings. You will serve on the Board until you either choose to resign or are removed in accordance with Mercury’s governing documents. You will be expected to attend (in person or telephonically) all meetings of the Board
and any Board committee on which you serve. Your term of service will begin on October [1], 2010 (the “Effective Date”). 

2. Equity Compensation. In connection with your appointment to our Board, you will receive a one-time up front grant of 41,250
options to purchase Class C Units of Mercury at an exercise price of $6.82 per unit, pursuant to the attached option agreement between you and Mercury (the “Option Agreement”). 

3. Fees, Expenses, and Insurance. You will receive a $12,500 annual fee for each 12-month period that you serve as a member of
the Board, payable, in cash, in quarterly installments in arrears on or about the 1st day of the first month of each calendar quarter (pro-rated for any portion of a calendar quarter during which you commenced or terminated service as a member). If
required to travel in connection with any Board or committee meeting or any other approved related business, you will be reimbursed for your reasonable travel, meal and lodging expenses pursuant to our expense reimbursement policy in effect from
time to time. In addition, you will be covered by our director and officer insurance policy and fully indemnified for all of your Board service in accordance with Mercury’s governing documents. 

4. Miscellaneous. Please note that you will have full responsibility, and Mercury shall have no responsibility, for satisfying
any liability for any federal, state or local income or other taxes required by law to be paid with respect to any compensation paid hereunder (including pursuant to any Option Agreement) that you receive from Mercury. This letter, along with the
attached Confidentiality Agreement and Option Agreement, supersedes any prior agreements and understandings (including verbal agreements) between you and Mercury and/or its affiliates regarding the terms and conditions of your service as a member of
the Board. 
 10 Burnett Court, Suite 300 — Durango, Colorado, 81301 — 800-846-4472 — Fax: 970-247-8951 — www.mercurypay.com 







 We greatly appreciate your willingness to serve on our Board and look forward to a long and
productive relationship. Please feel free to contact my office if you have any questions regarding these arrangements and confirm your acceptance of the terms of this offer letter by signing below and returning a copy to the undersigned. 

 

	
	Best regards,
	
	 /s/ Matt Taylor

	Matt Taylor, CEO


  

			
	Accepted and agreed
	
	 /s/ Michael Afergan

	Mr. Michael M. Afergan
		
	Date:	 	 10/18/10



  
 2
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          188103
<SECURITIES>                                         0
<RECEIVABLES>                                      172
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                188275
<PP&E>                                         1187724
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 1439766
<CURRENT-LIABILITIES>                           800204
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      504562
<TOTAL-LIABILITY-AND-EQUITY>                   1439766
<SALES>                                           9950
<TOTAL-REVENUES>                                173431
<CGS>                                                0
<TOTAL-COSTS>                                     1667
<OTHER-EXPENSES>                                 74099
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               51040
<INCOME-PRETAX>                                  46625
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              46625
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     46625
<EPS-PRIMARY>                                    11.52
<EPS-DILUTED>                                    11.52
        

</TABLE>
No. 07-16-00026-CV

In the Interest of Z.B. and Z.B., 

Children

§

§

§

§

From the County Court at Law No. 1 

 of Randall County

July 12, 2016

Opinion by Justice Pirtle

J U D G M E N T

Pursuant to the opinion of the Court dated July 12, 2016, it is ordered, adjudged 

and decreed that the trial court’s order terminating M.B.’s parental rights to Z.B. and 

Z.B. be reversed and it is hereby rendered that the petition for termination filed by the 

Texas Department of Protective and Regulatory Services be denied. It is further 

ordered that this cause be remanded to the trial court for further proceedings regarding 

the terms and conditions of M.B.’s possession of and access to Z.B. and Z.B. and for a 

determination of M.B.’s child support obligations.

o O o
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          102174
<SECURITIES>                                         0
<RECEIVABLES>                                       66
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                182240
<PP&E>                                         1535261
<DEPRECIATION>                                  329256
<TOTAL-ASSETS>                                 1466849
<CURRENT-LIABILITIES>                           840602
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      481297
<TOTAL-LIABILITY-AND-EQUITY>                   1466849
<SALES>                                              0
<TOTAL-REVENUES>                                 54941
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 37628
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               17349
<INCOME-PRETAX>                                   (37)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                               (37)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (37)
<EPS-PRIMARY>                                    (.01)
<EPS-DILUTED>                                    (.01)
        

</TABLE>
EXHIBIT 35.1








ANNUAL SERVICER COMPLIANCE STATEMENT PURSUANT TO ITEM 1123 OF REGULATION AB





CARMAX BUSINESS SERVICES, LLC








The undersigned, a duly authorized officer of CarMax Business Services, LLC, as Servicer pursuant to Section 3.10 of the Sale and Servicing Agreement dated as of February 1, 2015 (the "Sale and Servicing Agreement") among CarMax Auto Owner Trust 2015-1, as Issuer (the "Issuer"), CarMax Auto Funding LLC, as Depositor, and CarMax Business Services, LLC, as Servicer (the "Servicer"), does hereby certify that:





|   |                                                                                                              
|-- | -------------------------------------------------------------------------------------------------------------
|1. | CarMax Business Services, LLC is, as of the date hereof, the Servicer under the Sale and Servicing Agreement.




|   |                                                                                      
|-- | -------------------------------------------------------------------------------------
|2. | The undersigned is duly authorized to execute and deliver this Officer's Certificate.




|   |                                                                                                                                                                                                                                                                                                                                                                                                                          
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|3. | A review of the activities of the Servicer during the period beginning onMarch 1, 2017and ending onFebruary 28, 2018and of the Servicer's performance under the Sale and Servicing Agreement was made under my supervision.  To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Sale and Servicing Agreement in all material respects throughout such period.







Capitalized terms used in this certificate and not otherwise defined herein have the meanings assigned to them in the Sale and Servicing Agreement.





IN WITNESS WHEREOF, the undersigned, a duly authorized officer of the Servicer, has duly executed this Officer's Certificate this 18th day of May, 2018 .





CARMAX BUSINESS SERVICES, LLC





/s/ Enrique Mayor-Mora


Enrique Mayor-Mora


Vice President and Treasurer
EXHIBIT
32










CERTIFICATION
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 Air Methods Corporation (the “Company”)
on Form 10-Q for the period ended March 31, 2009, as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I certify, pursuant
to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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.






/s/ Aaron D.
Todd




Aaron D.
Todd


Chief
Executive Officer


May 8,
2009







/s/ Trent J.
Carman




Trent J.
Carman


Chief
Financial Officer


May 8,
2009
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-7551

MARVIN NATHANIEL RANDOLPH,

Petitioner - Appellant,

versus

RONALD J. ANGELONE, Director,

Respondent - Appellee.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. Samuel G. Wilson, Chief District

Judge. (CA-98-398-R)

Submitted: December 17, 1998 Decided: January 12, 1999

Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Marvin Nathaniel Randolph, Appellant Pro Se. Mark Ralph Davis,

OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Marvin Nathaniel Randolph seeks to appeal the district court's

order denying relief on his petition filed under 28 U.S.C.A. § 2254

(West 1994 & Supp. 1998). We have reviewed the record and the district court's opinion and find no reversible error. Accordingly,

we deny a certificate of appealability and dismiss the appeal on

the reasoning of the district court. See Randolph v. Angelone, No.

CA-98-398-R (W.D. Va. Oct. 14, 1998). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid

the decisional process.

DISMISSED
., q 

~. n:.;x 

.j ..,,, ;‘: 

: OFFlCE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

., .: ibnuary -la, 1939 

‘..’ 

\ 

\ 

i 

j 

Your rorp33t for cn 

You c&z the follovdq 

fleets that t!Ia 

tlnua its delibe 

a3 rsahxl bg t!d.f~ ofon cxt0a3loa of! c tern 

er caatandia: the ten rothe hllld Jury to con- 

-. 

1 f3tatutca, Um, and Al-Mole 

, pg. iX.3431, 4ra tb stitdutas 

f t:ie District Cou?t. 

CO. ‘(c02~1~33~0n or 

* of tho p.Irtioular ccec on account of 

not the exteneion of tic tern bpmr- 

,320~ to authorize a Diotrict Sud,g to 

oscarf to dim030 of "oanding litigstionw. 
_ ..c ? / 

Y\ C’ 

yo : .L ‘-,I. 

/’ 

: 

,.~ ,&OR Ln order to dis?oso of ">sndiag litigation* by otiltiw the 

~CSUSO~ Par the OXIXXS~O~ to be Lo cllo-.v tke GrarC Pury to continue 

its deL,,~,cr~tions, To tLic ozdcr, tho corncats, quoted bolTp;l, of 

- Judge 3nviLso!1 i?. 23 dissczt* &nlon, in f2x3 ccne 0r AlOxr~~cr 

V. state* 234 S.X. 644, sso epplicablo: 

. . n* * * th3 ‘t&~ti03 if th0 ~ti’~sl0~ or the 

ten under &-tic30 172G ortho Revised Civil Statutoo (Ann :rticle 19233) hzs no ‘ap.n3&xition. The 

ev',donco and the blSL escludou the idea that them 

54s a ~om3.n.~ trial bcrcrc the cart zt tke t5.23 

tb order \933 entcm?. TLc 0nlJ i043on m3 tbut 

t!~ Gr&d July raqcestod it, that they &$A bo 

enabled to dis?ooe of? 'so1p zxttcn they 'had uncer 

lnvest1~ution." 

For thfj reasons statsd, we sra of the opi;lion th2t under : 

t& oircumstanoes, the'indictmld;s you mztion'are inmlkd. 

Yours, rospectmy
EX-4.2



 Exhibit 4.2 

Incorporated in the Cayman Islands 

iKang Healthcare Group, Inc. 
 This is to
certify that 
 is / are the registered shareholders of: 
  

									
	 No. of Shares
	  	 Type of Share
	  	 Par Value
	 
				
		  	Class A Common Shares	  	USD	  	 	0.01	  
			
	 Date of Record
	  	 Certificate Number
	  	 % Paid
	 
				
		  		  		  			

 The above shares are subject to the Memorandum and Articles of Association of the Company and transferrable in
accordance therewith. 
  

							
	  
	 	 Director
	 	  
	 	 Director / Secretary
<PAGE>

                                                                      EXHIBIT 23



                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

     As independent public accountants, we hereby consent to the incorporation
of our report dated March 28, 1997, on the consolidated financial statements of
Landry's Seafood Restaurants, Inc. as of December 31, 1996 and 1995, and for the
years ended December 31, 1996, 1995 and 1994 included in this Form 10-K, into
the Company's previously filed Registration Statements.


Houston, Texas
March 28, 1997