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

                                                                     EXHIBIT 23


               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement (Form
S-8 number 333-21713) and related Prospectus pertaining to the 1996 Stock Option
Plan for Officers and Key Employees and the related Prospectus pertaining to the
1996 Non-Officer Directors Stock Option Plan of PacifiCare Health Systems, Inc.
and in the Registration Statement (Form S-8 number 333-48377) and related
Prospectus pertaining to the 1997 Premium Priced Stock Option Plan and the
related Prospectus pertaining to the Amendment and Restatement of the PacifiCare
Health Systems, Inc. Savings and Profit-Sharing Plan of PacifiCare Health
Systems, Inc. of our report dated January 31, 2001 (except for Note 12, as to
which the date is March 8, 2001) with respect to the consolidated financial
statements and schedule of PacifiCare Health Systems, Inc. included in the
Annual Report (Form 10-K) for the year ended December 31, 2000.


                                                        ERNST & YOUNG LLP

Irvine, California
March 19, 2001
No. 09-11189.

#### Rudy Stanko, Petitioner v. Maureen Cruz, Warden, et al.

562 U.S. 866, 131 S. Ct. 156,

178 L. Ed. 2d 93,

2010 U.S. LEXIS 6630.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

Same case below, 360 Fed. Appx. 725.
No. 10-5234.

#### Samuel Burt, Petitioner v. Willie Eagleton, Warden, et al.

562 U.S. 910, 131 S. Ct. 262,

178 L. Ed. 2d 173,

2010 U.S. LEXIS 7129.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 372 Fed. Appx. 372.
================================================================================

                                 Exhibit 10.13.6

         CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS OF THIS
           DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED
                            WITH THE COMMISSION * * *


























<PAGE>

                             CONFIDENTIAL TREATMENT

                       AMENDMENT TO DEVELOPMENT AGREEMENT

         Amendment  dated  November  30,  2004,  to  that  certain   Development
Agreement  dated  March  7,  2003,   between  Inyx  Pharma,   Ltd.  and  Stiefel
Laboratories, Inc.

         Exhibit B to the  Development  Agreement  is hereby  amended to add the
product specified below.

         In all other respects the Development  Agreement shall remain in effect
in its original form.

         Dated the date first-above written.

                                              INyX PHARMA LIMITED.



                                              By: /s/ Steven J. Handley
                                                 -------------------------------
                                                 Steven J. Handley, President

                                              STIEFEL LABORATORIES, INC.



                                              By: /s/ William A. Carr
                                                 -------------------------------
                                                 William A. Carr, Vice President



<PAGE>

                             CONFIDENTIAL TREATMENT

                                   ADDENDUM TO
                                    EXHIBIT B

                       SCHEDULE OF DEVELOPMENT ACTIVITIES

IV.      Task Name: ***

         Start Date:       ***

         Finish Date:      ***

         1.       Project definition and scope.
         2.       Acquisition, Testing, and Evaluation of drugs, excipients, and
                  components as agreed by both parties.
         3.       Formulation   and   manufacturing   process   assessments   to
                  facilitate production of the product by Inyx.
         4.       Assessment and assistance, as necessary, in the development of
                  mutually  acceptable  test methods  required to secure  health
                  registrations.
         5.       Development and Exhibit batch preparation.
         6.       Development and preparation of necessary clinical supplies.

         7.       Assistance,   as  necessary,   with  mutually  agreed  testing
                  activities to support health registrations.
         8.       Support  in  preparation  and  review  of  CMC   documentation
                  necessary to secure health registrations.

         TOTAL DEVELOPMENT COST  ***.







         ----------------------------------------
         ***  Confidential  material  redacted  and  filed  separately  with the
         Commission.
# Base Child Development Center staff bring virtual story time to DOD families

/ Published April 16, 2020
COLUMBUS, Ohio, 
The Child Development Center at the Defense Supply Center Columbus serves the children of hundreds of military service members and Department of Defense employees. With many families working from home and adhering to social distancing guidelines, the center's child care staff found a creative way to keep in touch with children by creating virtual story time videos.

“We miss that day-to day-connection with them and know that they’re missing it too,” explained CDC Director Tracy Charles. “It’s a stressful and uncertain time right now. While we can’t see each other every day, we can do things to stay connected – to let children and families know we’re still here for them, we’re thinking about them and wanting to find ways to support them, and we’re excited about the day we can all be together again.”

The center closed March 16 due to an unplanned shortage of staff following Ohio Governor Mike DeWine’s extension of public school closures but remains staffed to accommodate the children of active duty military personnel.  Virtual story time videos are one of the ways staff have found to keep connected with the young children at home.

The initiative launched in late March and initial feedback has been very positive, Charles said. 

Bringing it to fruition was a team effort by all. With closure imminent, Charles consulted with childcare staff and other Morale, Welfare and Recreation staff to put plans in place to solidify the effort. Teachers began recording videos reading aloud their favorite or most-requested stories. Completed videos are submitted to the center’s administrative assistance William Roseboro to edit, compile and add his self-designed video introduction for posting online. DSCC MWR Marketing then pushes the videos through their social media and website platforms. Nearly a dozen videos have been uploaded since the initiative’s launch, and the center plans to continue adding fresh content as time permits. Books recently featured include Don’t Let the Pigeon Drive the Bus, Dear Zoo and The More We Get Together. 

“As the leader in this space, one of the most important things to me is establishing and maintaining strong, trusting relationships with our families,” Charles said. “The combination of the children we care for, their families, and our staff bring such a wonderful energy to our building that it’s genuinely palpable.”

Charles said there’s room for growth with the online concept and she’d like to continue innovations in that vein, saying, “The story time videos are definitely something we’d like to continue and, perhaps, build upon. We’ve discussed adding sing-a-longs, fingerplays, the use of puppets, etc. and are excited to add new things as we move forward.”

Visit the DSCC MWR CDC Story Time webpage to learn more and view recent videos.
#### Com. v. Venable

12/02/2015

419 EAL (2015)

Denied

Pa.Super., 122 A.3d 439
<PAGE>

                                                                    EXHIBIT 32.1


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

      In connection with this Annual Report on Form 10-K of AMICAS, Inc. (the
"Company") for the year ended December 31, 2005 (the "Report"), the
undersigned, Stephen N. Kahane, M.D., M.S., Chief Executive Officer of the
Company, and Joseph D. Hill, Chief Financial Officer of the Company, each
hereby certifies, pursuant to 18 U.S.C. Section 1350, that to his 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.

                          /s/ Stephen N. Kahane, M.D., M.S.       March 29, 2006
                          Stephen N. Kahane, M.D., M.S.                     Date
                          Chief Executive Officer


                          /s/ Joseph D. Hill                      March 29, 2006
                          Joseph D. Hill                                    Date
                          Chief Financial Officer
#### Pagan, Matter of, v Annucci

3d Dept: 147 AD3d 1125

denied*

*

 Motion for poor person relief dismissed as academic or denied.
Dismiss and Opinion Filed December 17 , 2015

.

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 15

- 01483

- CV

CITY OF SACHSE , Appellant

V.

DAN WOOD , Appellee

On Appeal from the 298th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC

- 12

- 00218

- M



### MEMORANDUM OPINION

Before Justices Fillmore, Myers, and Whitehill

Opinion by Justice Myers

Pursuant to Texas Rule of Appellate Procedure 42.1(a)(1), appellant has filed a motion

stating it does not wish to proceed with the appeal and requesting the appeal be dismissed. See

T EX

. R. A PP

. P. 42.1 (a)(1). We grant the motion and dismiss the appeal. See id. , 43.2(f).

151483F.P05 /Lana Myers/

LANA MYERS

JUSTICE– 2

– 

## Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

CITY OF SACHSE, Appellant

No. 05

- 15

- 01483

- CV V.

DAN WOOD, Appellee On Appeal from the 298th Judicial District Court, Dallas County, Texas

Trial Court Cause No. DC

- 12

- 00218

- M. Opinion delivered by Justice Myers. Justices Fillmore and Whitehill participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER appellee Dan Wood recover his costs, if any, of this appeal from appellant City of Sachse.

Judgment entered this 17th day of December, 2015.
No. 09-11383.

#### Robert A. Ortiz, Petitioner v. W. J. Sullivan, Warden, et al.

562 U.S. 877, 131 S. Ct. 189,

178 L. Ed. 2d 113,

2010 U.S. LEXIS 6534.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
# New agency video highlights Pennsylvania property disposal

/ Published March 23, 2021

The Defense Logistics Agency’s video production team recently released a 4-minute promotional video highlighting the property disposal mission at DLA Disposition Services Susquehanna, in central Pennsylvania.

The Susquehanna site is one of the largest sites for military property disposal and reuse in the entire global enterprise. As a hub site, it receives used and excess property from military commands across the Northeast and allows a wide variety of qualified reuse customers – federal, state, municipal and non-profit organizations – to screen and requisition used goods and equipment at little to no cost.

The “Logistics On Location” series video includes interviews with site leadership, customer trainers, and even local law enforcement reuse customers.Closed Captioned and Open Captioned versions of the video are available on YouTube.

**Please note that Defense Logistics Agency firewalls (and those of some other DOD systems) will block YouTube access. Interested viewers are encouraged to watch on a personal device.**
### THE THIRTEENTH COURT OF APPEALS

13

- 17

- 00607

- CV

Seth Rivera v. Baptist Foundation of Texas
On Appeal from the 404th District Court of Cameron County , Texas Trial Cause No. 2016

- DCL

- 1387

- G

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes that the judgment of the trial court should be AFFIRMED . The Court orders the judgment of the trial court AFFIRMED . Costs of the appeal are adjudged against appellant. We further order this decision certified below for obs ervance. June 27, 2019
#### The People of the State of New York, Respondent, v Alex S. Dumbleton, Appellant.

[51 NYS3d 918]

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered November 13, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal contempt in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal contempt in the first degree (Penal Law § 215.51 [b] [v]), defendant contends that County Court erred in enhancing his sentence based on a violation of the plea agreement without first conducting a hearing pursuant to *People v Outley*(80 NY2d 702 [1993]). Although defendant’s contention survives his valid waiver of the right to appeal *(see People v Scott,*101 AD3d 1773, 1773 [2012], *lv denied*21 NY3d 1019 [2013]), defendant did not preserve that contention for our review inasmuch as “he failed to object to the alleged enhanced sentence and did not move to withdraw his plea or to vacate the judgment of conviction on that ground” *(People v Epps,*109 AD3d 1104, 1105 [2013]; *see People v Mills,*90 AD3d *16891518, 1518 [2011], *lv denied*18 NY3d 960 [2012]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice *(see*CPL 470.15 [3] [c]).

Present— Whalen, P.J., Smith, Centra, Peradotto and Scudder, JJ.
# Employee praised for helping new agency operations center

/ Published Sept. 22, 2020
BATTLE CREEK, Mich., 
A Defense Logistics Agency Disposition Services employee was recognized Sept. 14 for his service as one of the early volunteers for temporary duty at the Agency Synchronization Operations Center at DLA Headquarters on Fort Belvoir, Virginia.

DLA Disposition Services Director Mike Cannon presented Greg Dangremond with a Superior Civilian Service Award for Dangremond’s four months as a liaison at the ASOC from last October until February. As he presented the medal, Cannon said he gets good feedback on the employees he sends to support the center.

“They tell me ‘you don't send us any slackers,’” Cannon said.                Defense Logistics Agency Disposition Services Director Mike Cannon, left, presents Greg Dangremond with a Superior Civilian Service Award for Dangremond’s four months as a liaison at the Agency Synchronization Operations Center at DLA headquarters on Fort Belvoir, Virginia.                            Pinning the medal                            Defense Logistics Agency Disposition Services Director Mike Cannon, left, presents Greg Dangremond with a Superior Civilian Service Award for Dangremond’s four months as a liaison at the Agency Synchronization Operations Center at DLA headquarters on Fort Belvoir, Virginia.            SHARE IMAGE:Download ImageImage DetailsPhoto By: Lt.Col. Harold HobgoodVIRIN: 200914-D-D0441-004

Dangremond served alongside other volunteers from each of the agency’s major subordinate commands during the early days after the ASOC opened. A recent video released by DLA describes the center as a place to “get a big-picture view” of DLA’s worldwide mission. Dangremond said sharing his knowledge of DLA Disposition Services with warfighters and other elements of the agency was “an epic ride.”

Dangremond said he learned just how busy DLA operations can get, and how quickly the agency can respond to sudden demands.

“I had no idea that pretty much anywhere there are warfighters in the four corners of the earth, DLA is there too,” Dangremond said.

As an example, Dangremond said DLA “leaned forward” to ensure rations, fuel, repair parts, and more would already be in-place before the arrival of additional Army troops in Iraq last January. He said the Army deployment showcased how integrated DLA senior leaders at the Defense Department and the Joint Chiefs of Staff, “literally providing real-time updates in support of real world operations to the highest levels of U.S. government.”

Daily global updates allowed DLA senior leaders and staff to synchronize sense and response nodes throughout the world, get real-time updates and pass along the commander’s intent, Dangremond said.  He explained how the updates kept information timely and clear, plus it also worked in reverse since field nodes had direct access to the agency’s senior leaders.

“We had a saying that what other job in DLA would you hear about places like the Straits of Hormuz, Safwan Border, operational troop deployment and disaster relief all occurring simultaneously in the normal course of your day,” Dangremond said.
2017-1709.

#### State ex rel. Wellston City School Dist. Bd. of Edn. v. Ohio Facilities Constr. Comm.

In Mandamus.
#### Wayne Nicholas, Appellant, v Cheryl Phillips, Respondent.

[54 NYS3d 675]

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Dufficy, J.), dated September 3, 2015, as granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly fell from a ladder and was injured while attempting to perform some roofing repairs on a two-family residence owned by the defendant. It is undisputed that the defendant lived on the first floor of the home with her son, and rented out the upper floor of the home to tenants. The plaintiff commenced this action pursuant to Labor Law § 240 (1) to recover damages for his injuries, and the defendant subsequently cross-moved for summary judgment dismissing the complaint on the basis of the statute’s homeowner exemption. The Supreme Court granted the cross motion, and the plaintiff appeals.

The homeowner exemption to liability under Labor Law § 240 (1) is available to owners of one- and two-family dwellings who contract for the performance of work on the premises, but who do not direct or control the work *(see Kosinski v Brendan Moran Custom Carpentry, Inc.,*138 AD3d 935 [2016]; *DiMaggio v Cataletto,*117 AD3d 984 [2014]). Where, as in the present case, the property is used for both residential and commercial purposes, the courts employ a flexible site and purpose test to determine whether the work contracted for directly relates to the residential use of the building so as to warrant application of the exemption *(see Bartoo v Buell,*87 NY2d 362, 368 [1996]; *Ramirez v Begum,*35 AD3d 578 [2006]).

Here, the defendant demonstrated her prima facie entitlement to judgment as a matter of law by submitting property records and the plaintiff’s own deposition testimony, which established that the home was a two-family residence, that the work being performed was directly related to its residential use, and that she did not direct or control that work *(see generally Dasilva v Nussdorf,*146 AD3d 859 [2017]; *Caiazzo v Mark Joseph Contr., Inc.,*119 AD3d 718 [2014]; *Ramirez v Begum,*35 AD3d 578 [2006]; *Stejskal v Simons,*309 AD2d 853 [2003], *affd*3 NY3d 628 [2004]).

The plaintiff failed to raise a triable issue of fact in opposi*732tion to the cross motion. The plaintiffs assertion that the presence of tenants on the premises converted it to a three-family residence is unavailing. Similarly, the mere fact that the defendant provided the ladder from which the plaintiff fell is inadequate to deprive her of the exemption *(see DiMaggio v Cataletto,*117 AD3d 984 [2014]; *Chowdhury v Rodriguez,*57 AD3d 121 [2008]; *Miller v Trudeau,*270 AD2d 683 [2000]).

Accordingly, the Supreme Court properly granted the defendant’s cross motion for summary judgment dismissing the complaint.

Mastro, J.P., Leventhal, Austin and Roman, JJ., concur.
#### In the Matter of John C. Leo, Respondent, v LD Holdings, Inc., Formerly Known as Leisure Direct, Inc., Appellant.

[56 NYS3d 68]

Judgment, Supreme Court, New York County (Geoffrey D. Wright, J.), entered May 2, 2016, directing respondent to, among other things, issue and deliver to petitioner 200 million shares of respondent’s stock in satisfaction of an unpaid judgment, unanimously affirmed, with costs.

Supreme Court properly granted the petition for a turnover order for authorized but unissued shares to satisfy petitioner’s judgment against respondent *(see Adelaide Prods., Inc. v BKN Intl. AG,*39 AD3d 254 [1st Dept 2007]; *Guzov Ofsink, LLC v China Bd. Mill Corp.,*Sup Ct, NY County, Oct. 24, 2011, Solomon, J., index No. 110520/2011). Contrary to respondent’s contention, these unissued shares are assets of respondent and can be reached under CPLR 5225 *(id.).*

Respondent’s argument that Nevada law prohibits issuance of shares to satisfy a debt is not supported by the statute cited *(see*Nev Rev Stat § 78.211). Nor does respondent’s postjudgment attempt to thwart enforcement, by purporting to “de-authorize” the shares, bar enforcement of the judgment.

We have considered respondent’s remaining arguments and find them unavailing.

Concur—Acosta, P.J., Friedman, Andrias, Webber and Gesmer, JJ.
Exhibit
10.2


 


Form of
Non-Employee Director Stock Option Agreement


 


	
   

  	
   

  	
  QUIDEL CORPORATION

  
	
   

  	
   

  	
  ID: 94-2573850

  
	
  Notice of Grant of Stock Options

  	
   

  	
  10165 McKellar Court

  
	
  and Option Agreement

  	
   

  	
  San Diego, CA 92121

  



 


 


	
  [Recipient]

  	
   

  	
  Option Number:

  
	
  [Address]

  	
   

  	
  Plan:

  	
  2001

  
	
   

  	
   

  	
  ID:

  



 


Effective                     ,
you have been granted a(n) Non-Qualified Stock Option to buy                 
shares of QUIDEL CORPORATION (the “Company”) stock at $          
per share.


 


The total option price of the shares granted is $                        .


 


Shares in each period will become fully vested on
the date shown.  Once vested, the stock
options granted hereunder will remain exercisable until expiration of the full
term of such options, notwithstanding any termination of service on the
Company’s board of directors.


 




	
  Shares

  	
   

  	
  Vest Type

  	
   

  	
  Full Vest

  	
   

  	
  Expiration

  	
   

  
	
   

  	
   

  	
  On Vest Date

  	
   

  	
   

  	
   

  	
   

  	
   

  






 


 


By your signature and the Company's signature
below, you and the Company agree that these options are granted under and
governed by the terms and conditions of the Company's Stock Option Plan as amended
and the Option Agreement, all of which are attached and made a part of this
document.


 


 


	
   

  	
   

  	
   

  	
   

  
	
  QUIDEL CORPORATION

  	
   

  	
   

  	
  Date

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Thomas Brown

  	
   

  	
   

  	
  Date

  



 


	
   

  	
  Date:

  	
  5/23/2006

  
	
   

  	
  Time:

  	
  10:21:11AM