alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 18**

**Preferability Letter from Independent Registered Public Accounting Firm**

March 7, 2011

Board of Directors 

IPC TheHospitalist Company, Inc. 

4605 Lankershim Blvd., Suite 617 

North Hollywood, California 91602 

Dear Board Members: 

Note 1 of Notes to the Consolidated Financial Statements of IPC The Hospitalist Company, Inc. (the “Company”) included in its Form 10-K for theyear ended December 31, 2010 describes a change in the method of accounting for the Company’s annual goodwill and indefinite-lived intangible asset impairment assessment from the last day of the fourth quarter to the first day of thefourth quarter. There are no authoritative criteria for determining a ‘preferable’ date for the annual goodwill and indefinite lived intangible asset impairment assessment based on the particular circumstances; however, we conclude thatsuch change in the method of accounting is to an acceptable alternative method which, based on your business judgment to make this change and for the stated reasons, is preferable in your circumstances. 

Very truly yours, 

/s/ ERNST & YOUNGLLP
Keitholus WATTS, petitioner, v. UNITED STATES.

No. 13-7311.

Supreme Court of the United States

Dec. 9, 2013.

*809Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
USDC IN/ND case 2:14-cv-00455-RL-PRC   document 13   filed 02/23/15   page 1 of 5

USDC IN/ND case 2:14-cv-00455-RL-PRC   document 13   filed 02/23/15   page 2 of 5

USDC IN/ND case 2:14-cv-00455-RL-PRC   document 13   filed 02/23/15   page 3 of 5

USDC IN/ND case 2:14-cv-00455-RL-PRC   document 13   filed 02/23/15   page 4 of 5

USDC IN/ND case 2:14-cv-00455-RL-PRC   document 13   filed 02/23/15   page 5 of 5
<TABLE> <S> <C>

<PAGE>
 
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                         DEC-31-1997
<PERIOD-START>                            JAN-01-1997
<PERIOD-END>                              JUN-30-1997
<CASH>                                         11,676   
<SECURITIES>                                        0 
<RECEIVABLES>                                 105,242 
<ALLOWANCES>                                  (4,557)
<INVENTORY>                                         0 
<CURRENT-ASSETS>                              119,908       
<PP&E>                                        157,595      
<DEPRECIATION>                                101,756    
<TOTAL-ASSETS>                                342,228      
<CURRENT-LIABILITIES>                          91,499    
<BONDS>                                         1,796  
<PREFERRED-MANDATORY>                             283 
<PREFERRED>                                         0 
<COMMON>                                            0 
<OTHER-SE>                                    229,756       
<TOTAL-LIABILITY-AND-EQUITY>                  342,228         
<SALES>                                             0          
<TOTAL-REVENUES>                              214,552           
<CGS>                                               0          
<TOTAL-COSTS>                                 196,173          
<OTHER-EXPENSES>                                    0       
<LOSS-PROVISION>                                    0      
<INTEREST-EXPENSE>                                919       
<INCOME-PRETAX>                                 4,389       
<INCOME-TAX>                                    2,047      
<INCOME-CONTINUING>                             2,342      
<DISCONTINUED>                                      0  
<EXTRAORDINARY>                                     0      
<CHANGES>                                           0  
<NET-INCOME>                                    2,184 
<EPS-PRIMARY>                                     .08 
<EPS-DILUTED>                                     .08 
        
                                  


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM MESA
OFFSHORE TRUST 1998 SECOND QUARTER REPORT AND FORM 10-Q AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH 1998 SECOND QUARTER REPORT AND FORM 10-Q.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                       2,296,382
<SECURITIES>                                         0
<RECEIVABLES>                                   27,824
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                     380,905,000
<DEPRECIATION>                             380,786,721
<TOTAL-ASSETS>                               2,442,485
<CURRENT-LIABILITIES>                        2,324,206
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     118,279
<TOTAL-LIABILITY-AND-EQUITY>                 2,442,485
<SALES>                                      1,135,274
<TOTAL-REVENUES>                             1,190,855
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               206,990
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                983,865
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            983,865
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   983,865
<EPS-PRIMARY>                                     0.01
<EPS-DILUTED>                                     0.01
        

</TABLE>
<PAGE>

                                                                   EXHIBIT 10.28

                      SECOND AMENDMENT TO THE NISOURCE INC.
                     SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN

                (AS AMENDED AND RESTATED EFFECTIVE JUNE 1, 2002)

         WHEREAS, NiSource Inc. (the "Company") maintains the NiSource Inc.
Supplemental Executive Retirement Plan, as amended and restated effective June
1, 2002 and further amended effective March 1, 2003 (the "Plan"); and

         WHEREAS, pursuant to Section 5.5 of the Plan, the Company deems it
desirable to amend the Plan as described below.

         NOW, THEREFORE, Section 4.6 of the Plan is hereby amended, effective
August 25, 2003, to read as follows:

         "4.6 Form of Payment. Notwithstanding Sections 4.1, 4.2 and 4.3, a
         Participant shall receive distribution of his Supplemental Retirement
         Pension in the same form as his distribution under the NiSource Pension
         Plan, computed in the same manner as in the NiSource Pension Plan, or
         under any other Qualified Pension Plan, computed in the same manner as
         in such Qualified Pension Plan. Any election under the NiSource Pension
         Plan or any other Qualified Pension Plan shall apply to his
         Supplemental Retirement Pension pursuant to the preceding sentence only
         if it is made by written instrument delivered to the Committee at least
         30 days prior to the date of such distribution. If such election is not
         so made at least 30 days prior to the date of distribution of his
         Supplemental Retirement Pension, the Participant's Supplemental
         Retirement Pension shall be paid as a single-life Pension. If a
         Participant who makes an election pursuant to this Section 4.6 at least
         30 days prior to the date of distribution dies prior to distribution
         pursuant to such election, such election shall be revoked and the other
         provisions of this Article IV shall apply."

         IN WITNESS WHEREOF, the Company has caused this Second Amendment to be
executed on its behalf, by its officer duly authorized, this 25th day of August,
2003.

                                                    NISOURCE INC.

                                                    By: /s/ S. LaNette Zimmerman
----

----

|   |   |                                                                                                                                                                |
|--------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | (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. |
|   |   |                                                                                                                                                                |

|                          |   |                                                                                                  |   |
|-------------------------------|--------|-------------------------------------------------------------------------------------------------------|--------|
| Dated      September 23, 2008 | By:    | /s/ James      H. Watson, Jr.                                                                    |   |
|                          |   | James      H. Watson, Jr.President      and Chief Executive Officer(Principal      Executive Officer) |   |
|                          |   |                                                                                                  |   |
|                          |   |                                                                                                  |   |

----

----
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

JEREMIE SHENEMAN, )

)

Plaintiff, )

) 

v. ) No. 3:14 CV 1611

)

DAVID P. JONES, and NEWBY, LEWIS, )

KAMINSKI, JONES, LLP, )

)

Defendants. )

OPINION AND ORDER

Jeremie Sheneman, a pro se prisoner, brings this diversity action alleging that his

co-defendant’s criminal defense attorney (and the law firm for which that attorney

worked) committed legal malpractice during the representation of that co-defendant

during their joint federal criminal trial: United States v. Sheneman, 3:10-CR-126 (N.D. Ind.

filed October 13, 2010). “A document filed pro se is to be liberally construed, and a pro

se complaint, however inartfully pleaded, must be held to less stringent standards than

formal pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. 89, 94 (2007)

(quotation marks and citations omitted). Nevertheless, the court must review prisoner

complaints pursuant to 28 U.S.C. § 1915A. 

“Under Indiana law, the elements of legal malpractice are: (1) employment of an

attorney, which creates a duty to the client; (2) failure of the attorney to exercise

ordinary skill and knowledge (breach of the duty); and (3) that such negligence was the

proximate cause of (4) damage to the plaintiff.” Van Kirk v. Miller, 869 N.E.2d 534,

540-541 (Ind. Ct. App. 2007) (quotation marks and citations omitted). Here, neither
David P. Jones, nor his law firm, were employed by Jeremie Sheneman. Therefore

Sheneman has not stated claim for legal malpractice and this case is DISMISSED

pursuant to 28 U.S.C. § 1915A. 

SO ORDERED.

Date: June 6, 2014

s/James T. Moody 

JUDGE JAMES T. MOODY

UNITED STATES DISTRICT COURT
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

MARY EATON, et al., )

Plaintiffs, )

)

v. ) CAUSE NO. 2:14-CV-163-JEM

)

COUNTY OF LAKE, INDIANA, et al., )

Defendants. )

OPINION AND ORDER

This matter is before the Court on a Joint Motion to Approve Settlement Agreement [DE 43],

filed by the parties on July 27, 2017. In the instant Motion, the parties request that the Court approve

the Settlement, Release and Indemnity Agreement they have submitted in settlement of their claim.

After reviewing the instant Motion, the Settlement Agreement, and the supporting exhibits, the

Court hereby finds as follows:

1. Plaintiffs contend, inter alia, that they are due allegedly unpaid overtime under the

Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq.

2. Plaintiffs’ claims raised disputed issues of law and fact.

3. The parties have now finalized and entered into a Settlement Agreement with respect

to Plaintiffs’ claims.

4. The Settlement Agreement has been presented to this Court for review and approval

under the FLSA. See, e.g., Lynn’s Food Stores, Inc. v. United States Dep’t of Labor,

679 F.2d 1350, 1353 (11th Cir. 1982).

5. Upon review, the Court concludes the parties’ proposed settlement agreement is a

fair and reasonable resolution of a bona fide dispute under the FLSA and is not a
“mere waiver of statutory rights.” Buckholder v. City of Ft. Wayne, 750 F. Supp. 2d

990, 995 (N.D. Ind. 2010).

Accordingly, the Court GRANTS the Joint Motion to Approve Settlement; APPROVES

the terms of the Settlement Agreement as fair, reasonable, appropriate, and in accordance with law;

and ORDER the parties to carry out the terms of the Settlement Agreement promptly and in good

faith, and to file with the Court a Stipulation of Dismissal on or before September 20, 2017.

 SO ORDERED this 23rd day of August, 2017.

 s/ John E. Martin 

MAGISTRATE JUDGE JOHN E. MARTIN

UNITED STATES DISTRICT COURT

cc: All counsel of record

2
exv10w3



 





EXHIBIT 10.3




SUMMARY OF MATERIAL TERMS OF

CONSULTING AGREEMENT WITH DAVID W. FAEDER




     Effective April 1, 2003, Sunrise Senior Living, Inc. (“Sunrise”) entered
into an oral consulting agreement with David W. Faeder having a one year term
commencing on April 1, 2003 and providing for payment by Sunrise of a retainer
of $1,000 per month, a car allowance and additional compensation tied to
special projects as requested by Sunrise, including additional compensation of
$100,000 upon the completion of a sale/long-term manage back transaction that
Mr. Faeder was overseeing and which was completed in the second quarter of
2003. Under the terms of this consulting agreement, the stock options held by
Mr. Faeder as of April 1, 2003 would continue to vest during the term of such
agreement.
Harry ARZOUMANIAN, et al., petitioners, v. MUNCHENER RUCKVERSICHERUNGS-GESELLSCHAFT AKTIENGESELLSCHAFT AG.

No. 12-9.

Supreme Court of the United States

June 10, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Christopher CAVOUNIS, petitioner, v. UNITED STATES.

No. 12-10462.

Supreme Court of the United States

June 24, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.
[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Notices]
[Pages 3911-3912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1227]



-----------------------------------------------------------------------

DEPARTMENT OF STATE
[Public Notice No. 2149]


United States International Telecommunications Advisory Committee 
(ITAC): Study Groups B and D; Meeting

    The Department of State announces that the United States 
International Telecommunications Advisory Committee (ITAC), Study Group 
B Group will meet on Thursday, March 30, 1995 at 9:30 a.m., Room 1912 
of the Department of State, and that Study Group D will also hold a 
meeting: The meeting of Study Group D will be held on Wednesday, March 
29, 1995, Room 1205, at 9:30 a.m. Both meetings will be held at the 
Department of State, in the rooms notified herein, 2201 C Street NW., 
Washington, DC 20520.
    The agenda for Study Group D will include a report of the March 
meeting of ITU-T Study Group 8, and consideration of U.S.A. and company 
contributions to the April meeting of ITU-T Study Group 14, as well as 
the June meeting of ITU-T Study Group 7. Other matters within the 
competence of Study Group D, including Rapporteur meeting reports may 
be considered during that meeting.
    The agenda for Study Group B will include a review of the results 
of the ITU-T Study Group 10 meeting (October 1994) as well as the 
results of the November Study Group 13 meeting. Consideration of 
contributions to upcoming meetings of ITU-T Study Group 11 in April, 
1995 and the ITU-T Study Group 9 meeting, in June of 1995 will also be 
considered on the agenda of that meeting. Persons presenting 
contributions to Study Group D should bring 20 copies of such 
contributions to the meeting. Persons presenting contributions to the 
meeting of Study Group B should bring 35 copies.
    Members of the General Public may attend and join in the 
discussions, subject to the control of the Chair. Persons intending to 
attend the above U.S. Study Group Meetings must announce this not later 
than 5 days before the meeting to the Department of State, 202-647-0201 
(fax: 202-647-7407). The announcement must include name, social 
security number, and date of birth. The above includes government and 
non-government attendees. All attendees must use the ``C'' Street 

[[Page 3912]]
entrance. A picture ID will be required for admittance.

    Dated: January 5, 1995.
Earl S. Barbely,
Chairman, U.S. ITAC for IUT-T Telecommunications Standardization 
Sector.
[FR Doc. 95-1227 Filed 1-18-95; 8:45 am]
BILLING CODE 4710-45-M
Janice BROWN, Individually and as Personal Representative of the Estate of Jason Ray Brown, Deceased, et al., petitioners, v. Daniel H. BOLIN.

No. 12-1257.

Supreme Court of the United States

June 17, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
```
[Federal Register Volume 60, Number 88 (Monday, May 8, 1995)]
[Notices]
[Page 22575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11188]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY
[Docket No. RP95-258-000]

Florida Gas Transmission Company; Notice of Proposed Changes in 
FERC Gas Tariff

May 2, 1995.
    Take notice that on April 28, 1995, Florida Gas Transmission 
Company (FGT) tendered for filing to become part of its FERC Gas 
Tariff, Third Revised Volume No. 1, the following tariff sheets:

Second Revised Sheet No. 171

Third Revised Sheet No. 172

    These tariff changes are proposed to become effective on May 4, 
1995, the effective date of Order No. 577.

    On April 4, 1995, the Federal Register issued a notice of a Final 
Rule Order No. 577, Docket No. RM95-5-000, ``Release of Firm Capacity 
on Interstate Natural Gas Pipelines''. The Final Rule becomes effective 
on May 4, 1995 and revises 284.243(h) by: 1) extending to releases of 
one full calendar month the exemption from advance posting and bidding 
requirements; and 2) changing from thirty (30) days to twenty-eight 
(28) days the period during which shippers that released capacity at 
less than the maximum rate cannot re-release to the same acquiring 
shipper at less than the maximum tariff rate.

    Additionally, FGT states that it is proposing to revise Section 
18.E.2. of its General Terms and Conditions to allow Short-Term 
Prearranged Temporary Relinquishments to be at or below the maximum 
tariff rate. Currently, FGT's Tariff provides that all relinquishments 
under this Section must be at the maximum tariff rate. As a result of 
the Final Rule, this restriction is no longer required to avoid the 
posting and bidding requirements of Order No. 636.

    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 825 North Capitol Street, N.E., Washington, D.C. 
20426 in accordance with Sections 385.211 and 385.214 of the 
Commission's Rules and Regulations. All such motions or protests should 
be filed on or before May 9, 1995. Protests will be considered by the 
Commission in determining the appropriate action to be taken, but will 
not serve to make protestants parties to the proceeding. Any person 
wishing to become a party must file a motion to intervene. Copies of 
this filing are on file with the Commission and are available for 
public inspection.

Lois D. Cashell,

Secretary.

[FR Doc. 95-11188 Filed 5-5-95; 8:45 am]

BILLING CODE 6717-01-M
```
[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Notices]
[Pages 27333-27334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12536]



=======================================================================
-----------------------------------------------------------------------

NATIONAL INSTITUTE FOR LITERACY


National Institute for Literacy Advisory Board; Meeting

agency: National Institute for Literacy Advisory Board, National 
Institute for Literacy.

action: Notice of meeting.

-----------------------------------------------------------------------

summary: This Notice sets forth the schedule and proposed agenda of a 
forthcoming meeting of the National Institute for Literacy Advisory 
Board (Board). This notice also describes the function of the Board. 
Notice of this meeting is required under section 10(a)(2) of the 
Federal Advisory Committee Act. This document is intended to notify the 
general public of their opportunity to attend the meeting.

dates and times: June 15, 1995, 9 a.m. to 4 p.m.

addresses: World Education, 210 Lincoln Street, 6th Floor, Boston, 
Massachusetts, 02111.

for further information contact: Sharyn M. Abbott, Acting Executive 
Officer, National Institute for Literacy, 800 Connecticut Avenue, NW, 
Suite 200, Washington, DC 20006. Telephone (202) 632-1503.

supplementary information: The Board is established under Section 384 
of the Adult Education Act, as amended by Title I of Public Law 102-73, 
the National Literacy Act of 1991. The Board consists of ten 
individuals appointed by the President with the advice and consent of 
the Senate. The Board is established to advise and make recommendations 
to the Interagency Group, composed of the Secretaries of Education, 
Labor, and Health and Human Services, which administers the National 
Institute for Literacy (Institute). The Interagency Group considers the 
Board's recommendations in planning the goals of the Institute and in 
the implementation of any programs to achieve the goals of the 
Institute. Specifically, the Board performs the following functions: 
(a) Makes recommendations concerning the appointment of the Director 
and the staff of the Institute; (b) provides independent advice on 
operation of the Institute; and (c) receives reports from the 
Interagency Group and the Director of the Institute. In addition, the 
Institute consults with the Board on the award of 
[[Page 27334]] fellowships. The Board will meet in Boston, 
Massachusetts on June 15, 1995 from 9 a.m. to 4 p.m. The meeting of the 
Board is open to the public. The agenda includes discussion of the 
Institute's plans and priorities for program years 1995 and 1996; the 
status of new Board member nominations; and other relevant Institute 
matters. Records are kept of all Board proceedings and are available 
for public inspection at the National Institute for Literacy, 800 
Connecticut Avenue, NW, Suite 200, Washington, DC 20006 from 8:30 a.m. 
to 5 p.m.

    Dated: May 17, 1995.
Andrew J. Hartman,
Executive Director, National Institute for Literacy.
[FR Doc. 95-12536 Filed 5-22-95; 8:45 am]
BILLING CODE 6055-01-M