alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

July 10, 2019

No. 04-19-00450-CR

Ex Parte Robert METZGER,

Appellant

v.

The STATE of Texas,

Appellee

From the 216th Judicial District Court, Gillespie County, Texas

Trial Court No. 7000

Honorable N. Keith Williams, Judge Presiding

ORDER

The reporter’s record was due on June 20, 2019, but has not been filed. On July 3, 2019, 

the court reporter filed a notification of late record, notifying this court that the reporter’s record 

was not filed when it was originally due because appellant failed to request a record and failed to 

pay or make arrangements to pay the reporter’s fee for preparing the record and that appellant 

was not entitled to appeal without paying the fee. It is therefore ORDERED that appellant 

provide written proof to this court within ten (10) days of the date of this order that appellant has 

requested a reporter’s record and that either (1) the reporter’s fee has been paid or arrangements 

have been made to pay the reporter’s fee; or (2) appellant is entitled to appeal without paying the 

reporter’s fee. If appellant fails to respond within the time provided, this court will set a thirtyday deadline for appellant to file his brief, and the court will consider only those issues or points 

raised in appellant’s brief that do not require a reporter’s record for a decision. See TEX. R. APP.

P. 37.3(c).

_________________________________

Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 10th day of July, 2019.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12

- 570 V

Filed: November 14, 2014

Not for Publication

*************************************

B ARBARA KEIL, as Personal *

Representative of the Estate of *

MARK DENEEN, Decedent, *

*

Petitioner

, * Voluntary dismissal under

* Vaccine Rule 21(a)

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

*************************************

Isaiah R. Kalin owski , Washington, DC , for petitioner.

Justine E. Daigne a u lt , Washington, DC, for respondent.

MILLMAN, Special Master

ORDER CONCLUDING PROCEEDINGS 1

On S eptember 5, 2012

, Mark Deneen filed a petition under the National Childhood

Vaccine Injury Act, 42 U.S.C. §§ 300aa

- 1 0

– 34 (2006), alleging that he s uffered G uillain

- Barr é

Syndrome ( “ GBS ” ) as a result of the t rivalent influenza ( “ flu ” ) vaccination he received on

September 15, 2009

.

Mark Deneen died on August 3, 2013, and Barbara Keil , the personal representative of his

estate, was substituted as petitioner on July 23, 2014.

1 Because this unpublished decision contains a reasoned explanation f or the special master’s action i n this

case, t he special master intends to post this unpublished decision on the United States Court of Federal

Claims’ s website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899,

2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made

available to the public unless they contain trade secrets or commercial or financial information that is

privileged and confidential, or medical or similar information whose disclosure would constitute a clearly

unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify a nd

move to delete such information prior to the document ’ s disclosure. If the special master, upon review,

agrees that the identified material fits within the banned categories listed above, the special master shall

delete such material from public access

.2

On N ovember 14 , 2014

, the parties filed a Joint Stipulation of Dismi ssal , stating the parties

give notice of petitioner ’ s voluntary dismissal pursuant to Vaccine Rule 21(a)

.

Accordingly, p ursuant to V accine Rule 21 (a), the above

- captioned case is hereby

dismissed

. The Clerk of the Court is hereby instructed that a judgment shall not enter in the

instant case pursuant to Vaccine Rule 21(a).

CONCLUSION

Proceedings are concluded in this case.

IT IS SO ORDERED.

Dated: November 14, 2014 s/ Laura D. Millman

Laura D. Millman

Special Mast er
exhibit_10-amend2.htm


EXHIBIT 10.38



 


AMENDMENT B


 


December 4, 2006


 


1.           Reference is made to Lease dated December b, 2000, by and between H&N Associates, LLC, a Massachusetts Limited Liability Company, as landlord (“Landlord”), and Advanced Inhalation Research, Inc., a Delaware Corporation, as tenant (“Tenant”), with respect to premises known as Brickyard Square, 190 Everett Avenue, Chelsea, Massachusetts.  Said lease, as amended by Amendment A dated August 22, 2002, is hereinafter referred to as “the Lease.”


 


2.           Landlord and Tenant are in dispute as to certain amounts owed by and between Landlord and Tenant pursuant to the Lease.  Landlord and Tenant desire to resolve all claims relating to Section (B) of Article III of the Lease and Exhibit B of the Lease existing between them as of the date of this Amendment B.  Accordingly, Landlord and Tenant hereby agree that the Lease is amended in the following respects:


 


The Fixed Rent payable pursuant to Article V of the Lease for the months of November and December, 2006, January and February, 2007, January and February, 2008, and January, February and March, 2009, shall be reduced on a dollar for dollar basis by the Fixed Rout payable for said months in an amount not to exceed $52,700.00 per month for each of the aforesaid months, and Landlord shall pay to Tenant a single payment on or before March 3l, 2009 in the amount of $25,700.00.  Notwithstanding the aforementioned, in the event the Fixed Rent payable is suspended or not otherwise payable under the Lease, Landlord’s financial obligation to Tenant shall exist and shall be satisfied on the timelines set forth in this paragraph until Landlord has paid an aggregate of $500,000 to Tenant.


 


3.           Except as expressly modified herein the Lease shall remain unmodified and in full force and effect.


 


4.           The provisions of this Amendment B shall be binding upon and shall inure to the benefit of Landlord and Tenant and their respective legal representatives, successors and assigns.


 







 


Signatures On Next Page Following


 






  





  











  













IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment B to be executed as an instrument under seal as of the day and year first above written.


 



	
LANDLORD:


H & N ASSOCIATES, LLC

	
TENANT:


ADVANCED INHALATION RESEARCH, INC.


 


	  	  
	  	  
	
By:  /s/ Harold C. Garnick


Harold C. Garnick


Manager

	
By  /s/ Michael Landine


      Name: Michael Landine


      Title: Vice President


 


	  	  
	
Agreed to and Approved:


MORTGAGOR


 

	  
	
By: /s/ Goran C. Finley


Name: Goran C. Finley


Title: Senior Vice President

	  










 







 






  





2
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

UNITED STATES OF AMERICA, )

)

v. ) No. 2:16 CR 55

)

MARK CHERRY )

ACCEPTANCE OF PLEA OF GUILTY AND

ADJUDICATION

Pursuant to the Report and Recommendation of the United States Magistrate

Judge (DE # 86), to which the defendant has waived objection, and subject to this

court’s consideration of the Plea Agreement (DE # 82) pursuant to FED. R. CRIM. P.

11(c)(3), the Magistrate Judge’s findings are now ADOPTED, defendant’s plea of guilty

to the offense charged in Count 2 of the Second Superseding Indictment (DE # 39) is

now hereby ACCEPTED, and defendant is adjudged guilty of that offense. A

sentencing date will be set under separate order.

SO ORDERED.

Date: November 4, 2016

s/James T. Moody 

JUDGE JAMES T. MOODY

UNITED STATES DISTRICT COURT
Exhibit
10.n


 


AMENDMENT
TO THE


CHANGE
IN CONTROL,


SEVERANCE
AND EMPLOYMENT AGREEMENT


FOR
THOMAS J. SHARA


 


This Amendment to
the Change in Control, Severance and Employment Agreement for Thomas J. Shara
(the “Amendment”), is made this 17th day of September, 2003, between Hudson
United Bancorp and Hudson United Bank (collectively, the “Company”), a New
Jersey corporation which maintains its principal office at 1000 MacArthur
Boulevard, Mahwah, New Jersey, and Thomas J. Shara (the “Executive”), and
amends the Change in Control, Severance and Employment Agreement for Thomas J.
Shara, which was made effective as of October 1, 2002 (the “Agreement”).


 


WHEREAS, the
Executive is presently an executive officer of the Company;  and


 


WHEREAS, the
Executive and the Company wish to amend the Agreement to clarify certain
provisions therein;


 


NOW, THEREFORE,
for the good and valuable consideration set forth herein and the Executive’s
continued valuable service to the Company, the Company and the Executive, each
intending to be legally bound hereby, agree as follows:


 


1.                                       Paragraph
9(d) of the Agreement, relating to “Payments and Benefits,” is amended by
adding the following language after the end of the first sentence thereof:


 


“For purposes of
the calculation of the bonus amount component of the Lump Sum only, Paragraph
1(b)(ii)(B), regarding the Time of the Change of Control, will be disregarded.”


 


2.                                       The
Company agrees that it will not treat (for tax reporting purposes or for
calculation purposes under Section 10 of the Agreement) any benefits under the
Hudson United Bancorp Supplemental Employees’ Retirement Plan (the “SERP”) as
parachute payments under Section 280G of the Internal Revenue Code, to the
extent that such benefits were vested and accrued prior to the occurrence of
such change of control, as the SERP was not adopted in contemplation of such
change of control.


 

















 


IN WITNESS
WHEREOF, Company has caused this Amendment to be signed by its duly authorized
representatives pursuant to the authority of its Board of Directors’
Compensation Committee, and the Executive has personally executed this
Agreement, all as of the day and year first above written.


 


	
  ATTEST:

  	
  HUDSON UNITED BANCORP
  AND

  
	
   

  	
  HUDSON UNITED BANK

  
	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
   

  	
  /s/ Charles F.X. Poggi

  	
   

  
	
   

  	
   

  	
   

  	
  Charles F. X. Poggi

  	
   

  
	
   

  	
   

  	
   

  	
  Chairman, Compensation
  Committee

  
	
   

  	
   

  
	
   

  	
   

  
	
  WITNESS:

  	
  EXECUTIVE

  
	
   

  	
   

  	
   

  	
  /s/ Thomas J. Shara

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  Thomas J. Shara
[No. 39273-5-I.

Division One.

October 13, 1997.]

#### The State of Washington, *Respondent,*v. David Alan Breen, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 95-1-07575-1, Faith Enyeart Ireland, J., entered September 3, 1996. *Affirmed*by unpublished opinion per Webster, J., concurred in by Kennedy, A.C.J., and Coleman, J.
#### UNITED STATES of America, Plaintiff-Appellee, v. Leon BROWN, a.k.a. B-Rock, Defendant-Appellant.

No. 10-50283.

United States Court of Appeals, Ninth Circuit.

Submitted May 24, 2011.*

Filed June 7, 2011.

Amanda Liskamm, Michael J. Raphael, Esquire, Office of U.S. Attorney, Los An-geles, CA, for Plaintiff-Appellee.

Jonathan D. Libby, Esquire, Deputy Federal Public Defender, Federal Public Defender’s Office, Los Angeles, CA, for Defendant-Appellant.

Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Leon Brown appeals from the 36-month sentence imposed following his guilty-plea conviction of distribution of, and possession with intent to distribute, cocaine base in the form of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). We have jurisdiction under 28 U.S.C. § 1291. We affirm in part and vacate in part, and we remand.

Brown contends the district court abused its discretion by imposing special conditions of supervised release relating to *766gang associations. The government agrees that our case law requires vacatur of the condition prohibiting Brown from associating with persons associated with the Athens Park Bloods gang. See *United States v. Johnson,*626 F.3d 1085, 1091 (9th Cir.2010).

We otherwise affirm. The terms and conditions of Brown’s supervised release relating to associating with known members of the Athens Park Bloods gang, knowingly wearing, displaying, using or possessing clothing and other items affiliated with the gang, and being present in locations the gang is known to assemble, are not vague or overbroad, do not deprive him of more liberty than necessary, and are reasonably related to the goals of 18 U.S.C. § 3553(a). *See United States v. Ross,*476 F.3d 719, 721-22 (9th Cir.2007); *see also United States v. Soltero,*510 F.3d 858, 865-67 (9th Cir.2007) (per curiam).

AFFIRMED in part; VACATED in part; and REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
# C_2008159EN.01000101.xml

| 24.6.2008 | EN | Official Journal of the European Union | C 159/1 |
| --- | --- | --- | --- |

24.6.2008

EN

Official Journal of the European Union

C 159/1

---

Notice for the attention of those persons, entities and bodies that have been included by the Council on the list of persons, entities and bodies to which Article 7(2) of Council Regulation (EC) No 423/2007 applies (Annex V)

(2008/C 159/01)

The following information is brought to the attention of the persons, entities and bodies that appear in the Annex to Council Decision 2008/475/EC of 23 June 2008 (1).

1

The Council of the European Union has determined that the persons, entities and bodies that appear on the above-mentioned list fulfil the criteria set out in Article 7(2) of Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran (2), and they have consequently been included, by the Decision referred to above, in Annex V to that Regulation. That Regulation provides for a freezing of all funds, other financial assets and economic resources belonging to the persons, entities or bodies concerned and that no funds, other financial assets and economic resources may be made available to them, whether directly or indirectly.

2

The attention of the persons, entities and bodies concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex III of the Regulation, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Articles 8, 9 and 10 of the Regulation).

The persons, entities or bodies concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered.

Any such requests should be sent to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| Rue de la Loi 175 |
| B-1048 Brussels |

Council of the European Union

General Secretariat

Rue de la Loi 175

B-1048 Brussels

The attention is also drawn to the possibility for each person, entity or body concerned of challenging the Council's Decision before the Court of First Instance of the European Communities, in accordance with the conditions laid down in Article 230(4) and (5) of the Treaty establishing the European Community.

---

(1)  OJ L 163, 24.6.2008.

1

(2)  OJ L 103, 20.4.2007, p. 1. Regulation as last amended by Regulation (EC) No 618/2007 (OJ L 143, 6.6.2007, p. 1).

2

---
OF =XAS 

Arra-rriw an. Trcxas 

mill-ill benorred 

any aa*ponrtlon hilf~ to 

3, ‘pi&la l2&, lhmaon’r 

maaw8, that when 

tiont*llotto8fwmbr only th, Plgbt or the coPpoP3- 

tl6nsodoknulmaaiatm 

ootr?eHhtlmglwmdtl &lwhhhthosboaPd or AdedamtoPury 08mwlor 

mqwad 8 perm¶t as above mntiomd. ma r0eiii- or the Psght to do 

burineir in the $*%e nox the Po~SelcUn of a chw%eP is not arm of the 

g,murM set loath in Section l2 aut&oxixLag the Board op Admbbtrator 

to awpond OF 0an0el a pernit. 
-,.-
#### WEIGLEY, Respondent, v. KNEELAND, Appellant.

(Supreme Court, Appellate Division, First Department.

March 11, 1898.)

Action by William W. Weigley against Slyvester H.

*1135Kneeland. J. *G.*Deane, for appellant.

F. Bartlett, for respondent.

No opinion. Order affirmed, with $10 costs and disbursements.
#### In re MAYOR, ETC., OF CITY OF NEW YORK. In re EAST 168TH ST. In the matter of the mayor, etc., of the City of New York and in the matter of East 168th street.

(Supreme Court, Appellate Division, First Department.

November Term, 1897.)

No opinion. Reargument ordered.
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02

- 11

- 00517

- CV

IN THE INTEREST OF A .J., A CHILD

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

FROM THE 231ST DISTRICT COURT OF TARRANT COUNTY

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



### MEMORANDUM OPINION 1 

### AND JUDGMENT

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

On September 25 , 2012 , we ordered appellant to file a response

reasonably explaining the failure to timely file his brief as required by Texas Rule

of Appellate Procedure 38.6(a). See Tex. R. App. P. 38.6(a). We stated we

could dismiss the appeal for want of prosecutio n unless appellant or any party

desiring to continue this appeal filed with the court within ten days a response

showing grounds for continuing the appeal. See Tex. R. App. P. 42.3 (b),(c) . We

1 See Tex. R. App. P. 47.4.2

received appellant’s response on October 5, 2012, but he has n ot provided a

reasonable explanation or shown grounds for continuing the appeal.

Because appellant 's brief has not been filed, we dismiss the appeal for

want of prosecution. See Tex. R. App. P. 38.8(a), 42.3(b), 43.2(f).

PER CURIAM

PANEL: MCCOY, MEIER, and GABRIEL, JJ.

DELIVERED: October 18, 2012
I 

109TH CONGRESS 

1ST SESSION H. R. 2278 

To suspend temporarily the duty on Citral. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2005 

Mr. ENGLISH of Pennsylvania introduced the following bill; which was referred 

to the Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on Citral. 

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

3 SECTION 1. CITRAL. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.09.11 3,7-Dimethyl-2,6-octadienal 

(Citral) (CAS No. 5392–40– 

5) (provided for in subheading 2912.19.10) ............ Free No change No change On or before 

12/31/2008 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 
2 

•HR 2278 IH 

1 warehouse for consumption, on or after the 15th day after 

2 the date of enactment of this Act. 

Æ
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**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION1350,**

**AS ADOPTED PURSUANT TO**

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

 

In connectionwith the Quarterly Report of National Mercantile Bancorp (the “Company”) onForm 10-QSB for the period ending June 30, 2005 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, David R. Brown,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)  The Report fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

(2)  The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company, as of and for the periods covered inthe report.

 

 
|   |   |   | /s/ DAVID R. BROWN      |   |
|--------|--------|--------|-------------------------|--------|
|   |   |   | David R. Brown          |
|   |   |   | Chief Financial Officer |

 

 

Date:  August 12, 2005

 

 

A signedoriginal of this written statement required by Section 906, or other documentauthenticating, acknowledging, or otherwise adopting the signature that appearsin typed form within the electronic version of this written statement requiredby Section 906, has been provided to National Mercantile Bancorp and will be retainedby National Mercantile Bancorp and furnished to the Securities and ExchangeCommission or its staff upon request.

 

The foregoingcertification is being furnished to the Securities and Exchange Commission asan exhibit to the Form 10-QSB and shall not be considered filed as part of theForm 10-QSB.

 

----
#### AMERICAN FIDELITY CO., Appellant, v. WHITE, Respondent.

(Supreme Court, Appellate Division, Fourth Department.

Sept. 25, 1907.)

Action by the American Fidelity Company against William F. White.

No opinion. Motion to dismiss appeal denied. This being a nonenumerated motion, it was unnecessary to file and serve points before the argument, under rule 9 of this department.