alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

UNITED STATES OF AMERICA, )

Plaintiff, )

)

v. ) CAUSE NO.: 2:14-CR-23-JTM-JEM

 )

RICHARD HOLIUSA, )

Defendant. ) 

FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE 

UPON A PLEA OF GUILTY BY DEFENDANT RICHARD HOLIUSA

TO: THE HONORABLE JAMES T. MOODY,

UNITED STATES DISTRICT COURT

Upon Defendant Richard Holiusa’s request to enter a plea of guilty pursuant to Rule 11 of

the Federal Rules of Criminal Procedure, this matter came for hearing before Magistrate Judge John

E. Martin on October 22, 2015, with the consent of Defendant Holiusa, counsel for Defendant

Holiusa, and counsel for the United States of America.

The hearing on Defendant Holiusa’s plea of guilty was in full compliance with Federal Rule

of Criminal Procedure 11 before the Magistrate Judge in open court and on the record.

In consideration of that hearing and the statements made by Defendant Holiusa under oath

on the record and in the presence of counsel, the remarks of the Assistant United States Attorney and

of counsel for Defendant Holiusa,

I FIND as follows:

(1) that Defendant Holiusa understands the nature of the charge against him to which the plea

is offered;

(2) that Defendant Holiusa understands his right to trial by jury, to persist in his plea of not

guilty, to the assistance of counsel at trial, to confront and cross-examine adverse witnesses, and his
right against compelled self-incrimination;

(3) that Defendant Holiusa understands what the maximum possible sentence is, including

the effect of the supervised release term, and Defendant Holiusa understands that the sentencing

guidelines apply and that the Court may depart from those guidelines under some circumstances;

(4) that the plea of guilty by Defendant Holiusa has been knowingly and voluntarily made

and is not the result of force or threats or of promises;

(5) that Defendant Holiusa is competent to plead guilty;

(6) that Defendant Holiusa understands that his answers may later be used against him in a

prosecution for perjury or false statement;

(7) that there is a factual basis for Defendant Holiusa’s plea; and further,

I RECOMMEND that the Court accept Richard Holiusa’s plea of guilty to the offense

charged in Count 1 of the Indictment and that Defendant Holiusa be adjudged guilty of the offense

charged in Count 1 of the Indictment and have sentence imposed. A Presentence Report has been

ordered. Should this Report and Recommendation be accepted and Defendant Holiusa be adjudged

guilty, sentencing before Senior Judge James T. Moody will be set at a later date by separate order. 

Objections to the Findings and Recommendation are waived unless filed and served within fourteen

(14) days. See 28 U.S.C. § 636(b)(1).

So ORDERED this 22nd day of October, 2015.

s/ John E. Martin 

MAGISTRATE JUDGE JOHN E. MARTIN

UNITED STATES DISTRICT COURT

cc: All counsel of record

Honorable James T. Moody
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                      11,045,274
<SECURITIES>                                         0
<RECEIVABLES>                                  155,281
<ALLOWANCES>                                         0
<INVENTORY>                                  1,380,639
<CURRENT-ASSETS>                            12,796,587
<PP&E>                                       1,723,564
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              21,380,885
<CURRENT-LIABILITIES>                        2,556,956
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       171,231
<OTHER-SE>                                  18,627,761
<TOTAL-LIABILITY-AND-EQUITY>                21,380,885
<SALES>                                        629,271
<TOTAL-REVENUES>                               629,271
<CGS>                                          325,000
<TOTAL-COSTS>                                9,890,893
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                             (8,470,603)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (8,470,603)
<DISCONTINUED>                                (646,542)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (9,117,145)
<EPS-BASIC>                                       (.60)
<EPS-DILUTED>                                     (.60)


</TABLE>
J. Emery Amendment to EE Agrmt 1/04






January 1, 2004 






John Emery 




Re:     Amendment to Employment Agreement 




Dear John: 




This letter confirms our agreement and shall serve to amend the August 13, 2001 Employment Agreement between you and the Company in accordance with the following: 




3 (d)         Bonus 

The paragraph shall be amended to read as follows: 




The Executive shall be eligible for a bonus in each calendar year, based on the Executive’s success in reaching or exceeding performance objectives as determined by the Chief Executive Officer or his/her designee, the amount of such bonus, if any, to be determined in the discretion of the Company. Notwithstanding the foregoing, if the Executive remains employed by the Company through the bonus payout date, the Executive shall be entitled to a bonus range of 0 - 100% (50% target) of the Executive’s then current base salary, with the amount of such bonus, if any, remaining subject to the discretion of the Company. 

3 (g)         Travel Allowance 

The paragraph shall be amended to read as follows: 

        During the period of Executive’s employment by the Company, the Company shall pay to the Executive as a travel allowance the net amount of $500.00 per month. 




Very truly yours, 




VENTIV HEALTH, INC. 




By: 

	
/s/    ERAN BROSHY         

	
        Eran Broshy 

Chief Executive Officer 






 

Accepted and agreed to by: 

	
/s/    John R. Emery         

	
   John R. Emery 

Chief Financial Officer
V 

109TH CONGRESS 

1ST SESSION H. R. 1488 

For the relief of Mehmet Kenan Tas. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2005 

Mr. HINOJOSA introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

For the relief of Mehmet Kenan Tas. 

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

3 SECTION 1. PERMANENT RESIDENT STATUS FOR MEHMET 

4 KENAN TAS. 

5 (a) IN GENERAL.—Notwithstanding subsections (a) 

6 and (b) of section 201 of the Immigration and Nationality 

7 Act, Mehmet Kenan Tas shall be eligible for issuance of 

8 an immigrant visa or for adjustment of status to that of 

9 an alien lawfully admitted for permanent residence upon 

10 filing an application for issuance of an immigrant visa 

11 under section 204 of such Act or for adjustment of status 

12 to lawful permanent resident. 
2 

•HR 1488 IH 

1 (b) ADJUSTMENT OF STATUS.—If Mehmet Kenan 

2 Tas enters the United States before the filing deadline 

3 specified in subsection (c), he shall be considered to have 

4 entered and remained lawfully and shall, if otherwise eligi5 ble, be eligible for adjustment of status under section 245 

6 of the Immigration and Nationality Act as of the date of 

7 the enactment of this Act. 

8 (c) DEADLINE FOR APPLICATION AND PAYMENT OF

9 FEES.—Subsections (a) and (b) shall apply only if the ap10 plication for issuance of an immigrant visa or the applica11 tion for adjustment of status is filed with appropriate fees 

12 within 2 years after the date of the enactment of this Act. 

13 (d) REDUCTION OF IMMIGRANT VISA NUMBER.— 

14 Upon the granting of an immigrant visa or permanent res15 idence to Mehmet Kenan Tas, the Secretary of State shall 

16 instruct the proper officer to reduce by 1, during the cur17 rent or next following fiscal year, the total number of im18 migrant visas that are made available to natives of the 

19 country of the alien’s birth under section 203(a) of the 

20 Immigration and Nationality Act or, if applicable, the 

21 total number of immigrant visas that are made available 

22 to natives of the country of the alien’s birth under section 

23 202(e) of such Act. 

24 (e) DENIAL OF PREFERENTIAL IMMIGRATION

25 TREATMENT FOR CERTAIN RELATIVES.—The natural 
3 

•HR 1488 IH 

1 parents, brothers, and sisters of Mehmet Kenan Tas shall 

2 not, by virtue of such relationship, be accorded any right, 

3 privilege, or status under the Immigration and Nationality 

4 Act. 

Æ
QU-EST-CE QUE LE DIABÈTE DE TYPE 2?

Le diabète de type 2 survient lorsque votre organisme ne produit pas ou n'utilise pas

correctement l'insuline, ce qui entraîne des taux de glycémie élevés.

Pour plus d'informations sur l'équité en santé, visitez www.fda.gov/healthequity.

Régime alimentaire

équilibré

Contrôle

du poids

Tension

artérielle

Un mode

de vie actif

Réduire le risque de diabète de type 2

Fatique

accrue

Vision

floue

Augmentation de la

soif et de la miction

Augmentation

de la faim

Plaies qui ne

guérissent pas

Perte de poids

inexpliquée

Les symptômes se développent souvent

lentement et peuvent être légers.

De nombreuses personnes n’ont aucun symptôme.

Le diabéte de type 2 se manifeste le plus so uvent chez les 

adultes d’âge moyen ou avancé, mais il peut se 

développer à tout âge.

SAVIEZVOUS ?

ENVIRON 1 ADULTE

SUR 10 SOUFFRE DE

DIABÈTE DE TYPE 2

Ne pas

fumer
LE DIABÈTE ET LES PERSONNES ÂGÉES

Le diabète de type 2 survient lorsque votre organisme ne produit pas ou n'utilise pas

correctement l'insuline, ce qui entraîne des taux de glycémie élevés.

Pour plus d'informations sur l'équité en santé, visitez www.fda.gov/healthequity.

Manger

sain

Ne pas

fumer

Contrôler votre

glycemie

Contrôler votre

tension artérielle

Être physiquement

actif

Prendre les

médicaments tels

que prescrits

Gardez vos reins en bonne santé si vous êtes diabétique:

LE DIABÈTE TOUCHE

1 PERSONNE SUR

4 DE PLUS DE

65 ANS.

Les personnes âgées ont le 

taux le plus élevé de 

d’insuffısance rénale 

terminale liée au diabète. Cela 

se produit lorsque vos reins 

commencement à défaillir et 

qu’une dialyse (élimination 

des déschets et de l’excès de 

liquide dans l’organisme) ou 

une transplantation rénale est 

nécessaire 

94ãÖ

Çi
**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

The undersigned, Rafeh Hulays, President, Secretary and Treasurer of Netfone, Inc., hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)           the quarterly report on Form 10-QSB of Netfone, Inc. for the nine month period ended June 30, 2006 (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 Netfone, Inc.

Date: August 21, 2006

/s/ Rafeh Hulays                                              

Rafeh Hulays

President, Secretary, Treasurer and Director

(Principal Executive Officer, Principal Financial 

Officer and Principal Accounting Officer)

 

 

D/JLM/892748.1
Sukit KUMVACHIRAPITAG, petitioner, v. Bill GATES, et al.

No. 12-9474.

Supreme Court of the United States

July 22, 2013.

Petition for rehearing denied.
Exhibit 10(r)(xiv)

VIA FEDERAL EXPRESS

May 5, 1997                                                       Foothill.

QMS, Inc.
One Magnum Pass
Mobile, Alabama 26618
Attention: Richard Wiggins, CFO

Gentlemen:

Reference  is hereby made to that certain Loan And Security Agreement,  (as
amended and supplemented, the "Agreement") dated as of November 7, 1995  by
and  between  Foothill  Capital  Corporation  ("Foothill")  and  QMS,  Inc.
("Borrower").  Terms defined in the Agreement which are used  herein  shall
have  the  same  meanings as set forth in the Agreement,  unless  otherwise
specified.

Borrower has requested, and this letter shall serve as Foothill's agreement
to  waive Borrower's compliance with the Tangible Net Worth covenant  under
Section  6.13(c)  of the Agreement for its fiscal quarter ended  March  28,
1997.

Foothill  shall charge Borrower's loan account a fee in the amount  of  Two
Thousand  Five  Hundred ($2,500.00) upon execution  and  delivery  of  this
waiver  letter. Said fee shall be in addition to any other fees,  expenses,
or  compensation  payable  to Foothill under any Loan  Document,  shall  be
compensation  to Foothill for said waiver, and fully-earned, non-refundable
on the date Borrower's loan account is charged.

This  waiver is effective only to the extent specifically stated above  and
does  not affect or diminish Foothill's rights hereafter to require  strict
performance  by  Borrower  of this provision of the  Agreement.  Foothill's
rights  and remedies under the Agreement continue in full force and  effect
and  the  consequences of any act or failure to act on the part of Borrower
which would constitute an Event of Default as defined in the Agreement  and
to which Foothill has not herein specifically consented are not waived.

Sincerely,

FOOTHILL CAPITAL CORPORATION

By /s/ Lisa M. Gonzales
Lisa M. Gonzales
Its Assistant Vice President
                                     
                 Foothill Capital Corporation/310-996-7000
 11111 Santa Monica Blvd., Suite 1500, Los Angeles, California 90025-3333
                             A NORWEST Company
Exhibit31.2

 

CERTIFICATION

 

I,Stephen B. Waters certify that:

 

1.   I have reviewed this quarterly report on Form 10-Q of Angeles Income Properties,Ltd. II;

 

2.   Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report; 

 

3.   Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report; 

 

4.   The registrant's other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financialreporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)), for theregistrant and have: 

 

(a)  Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared; 

 

(b)  Designed such internal control over financial reporting, or caused such internalcontrol over financial reporting to be designed under our supervision, toprovide reasonable assurance regarding the reliability of financial reportingand the preparation of financial statements for external purposes in accordancewith generally accepted accounting principles;

 

(c)  Evaluated the effectiveness of the registrant's disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and 

 

(d)  Disclosed in this report any change in the registrant's internal control overfinancial reporting that occurred during the registrant's most recent fiscalquarter (the registrant's fourth fiscal quarter in the case of an annual report)that has materially affected or is reasonably likely to materially affect, theregistrant's internal control over financial reporting; and 

 

5.   The registrant's other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant's auditors and the audit committee of the registrant's board ofdirectors (or persons performing the equivalent functions): 

 

(a)  All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant's ability to record, process, summarize andreport financial information; and
Exhibit 10.24


FIRST
AMENDMENT TO THE


 CHS 401(K) SUPPLEMENTAL SAVINGS PLAN


January 1, 2003


WHEREAS, CHS/Community Health
Systems, Inc. (the “Company”) has previously established and currently
maintains the CHS 401(k) Supplemental Savings Plan (the “Plan”); and


WHEREAS, the Company desires to
further amend the Plan to change the definition of Participating Employee and
Participant to exclude employees subject to the terms of a collective
bargaining agreement, effective as of January 1, 2003; and


WHEREAS, the Board of Directors of
the Company has approved of such amendment;


NOW, THEREFORE, the Plan is hereby amended as follows:


1.             Section 2(j) of the
Plan is amended to read as follows:


“Participating
Employee” and “Participant” shall mean any person employed by the Company or
any affiliate of the Company and designated by the Retirement Committee of the
Company as a highly compensated employee under the Retirement Plan, such as
that term is defined in Code Section 414(q) and as referenced in section 1.30
of the Retirement Plan, other than any person who is included in a unit of
employees covered by a collective bargaining agreement.  Each Participant’s entry date under the
Retirement Plan shall also be the effective date of the Participant’s
participation in this Plan.  
Notwithstanding the preceding sentence, however, a Participant’s
participation in the Plan shall not commence until the Participant has
completed and returned to the Plan Administrator, and the Plan Administrator
has accepted, any enrollment and beneficiary designation forms as may be
required in the sole discretion of the Plan Administrator.


2.             The changes made by
this First Amendment to the Plan shall be effective January 1, 2003.


 

















 


Effective as of January 1, 2003.


	
  CHS/COMMUNITY
  HEALTH SYSTEMS, INC.

  
	
   

  
	
  By:

  	
   

  
	
  Title:
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TAYLOR LEE REYNOLDS; and CONNIE B. EVANS, Plaintiffs - Appellants,
v. HOMECOMINGS FINANCIAL NETWORK, INC., Defendant, and GMAC MORTGAGE, LLC; EXECUTIVE TRUSTEE SERVICES, LLC; and FEDERAL NATIONAL MORTGAGE ASSOCIATION, Defendants - Appellees. No. 13-15339 D.C. No. 3:11-cv-00910-RCJ-VPC
MEMORANDUM *

Appeal from the United States District Court for the District of Nevada Robert Clive Jones, District Judge, Presiding 

# FILED
APR 17 2015 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.Submitted April 15, 2015 ** San Francisco, California Before: KOZINSKI and GRABER, Circuit Judges, and BENSON, *** Senior District Judge. Plaintiffs Taylor Lee Reynolds and Connie B. Evans appeal the district court’s partial dismissal of their compla int and partial grant of summary judgment to Defendants. Reviewing de novo, Lopez-Valenzuela v. Arpaio , 770 F.3d 772, 777 (9th Cir. 2014) (en banc), petition for cert. filed , 83 U.S.L.W. 3631 (U.S. Jan. 13, 2015) (No. 14-825), we affirm. 1. Because Plaintiffs failed to raise to the district court their argument concerning the endorsement of the note, the argument is waived. O’Guinn v. Lovelock Corr. Ctr. , 502 F.3d 1056, 1063 n.3 (9th Cir. 2007). In any event, it is unpersuasive. In Nevada, "a promissory note and a deed of trust are automatically transferred together unless the parties ag ree otherwise." Edelstein v. Bank of N.Y. Mellon , 286 P.3d 249, 257 (Nev. 2012) (en banc). As the district court explained, the deed of trust was transferred va lidly to the foreclosing entity, GMAC Mortgage, LLC. Because GMAC Mortgage was the beneficiary of the deed and

** The panel unanimously concludes that this case is suitable for decision without oral argument. Fed. R. App. P. 34(a)(2). *** The Honorable Dee V. Benson, SeniorUnited States District Judge for the District of Utah, sitting by designation. 2the holder of the note, it had authority to foreclose on the property. Id. at 255. The district court properly granted summary judgment. 2. Contrary to Plaintiffs’ argument, "a mortgage note is a negotiable instrument." Leyva v. Nat’l Default Servicing Corp. , 255 P.3d 1275, 1279 (Nev. 2011). 3. We have considered Plaintiffs’ other arguments and find none persuasive. AFFIRMED.

3
Terenece BARNETT, petitioner, v. UNITED STATES.

No. 12-8394.

Supreme Court of the United States

April 22, 2013.

Petition for rehearing denied.
Exhibit
      32.1





**SECTION
      906 CERTIFICATION**





I,
      Jeffrey F. O'Donnell, Chief Executive Officer of PhotoMedex, Inc., a Delaware
      corporation (the "Company"), do hereby certify, in accordance with 18 U.S.C.
      Section 1350, as created pursuant to Section 906 of the Sarbanes-Oxley Act
      of
      2002, that:





(1)
      the
      accompanying Quarterly Report on Form 10-Q of the Company for the quarter ended
      March 31, 2008 (the "Report") fully complies with the requirements of Section
      13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as
      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.





Dated:
                May 9, 2008
            By:
            /s/
                Jeffrey F. O'DonnellJeffrey
                F. O'DonnellChief
                Executive Officer





A
      signed
      original of this written statement required by Section 906 of the Sarbanes-Oxley
      Act of 2002 (“Section 906”), or other document authenticating, acknowledging, or
      otherwise adopting the signature that appears in typed form within the
      electronic version of this written statement required by Section 906, has been
      provided to PhotoMedex, Inc. and will be retained by PhotoMedex, Inc. and
      furnished to the Securities and Exchange Commission or its staff upon
      request.