alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### David Pruitt et al., Appellants, v Peter C. Patsalos, Respondent.

[946 NYS2d 486]

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (Ecker, J.), entered August 3, 2011, which denied their motion pursuant to CPLR 510 (2) to change the venue of the action from Orange County to Dutchess County.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the plaintiffs’ motion pursuant to CPLR 510 (2) to change the venue of the action from Orange County to Dutchess County is granted, and the Clerk of the Supreme Court, Orange County, is directed to deliver to the Clerk of the Supreme Court, Dutchess County, all papers filed in the action and certified copies of all minutes and entries *(see*CPLR 511 [d]).

To obtain a change of venue pursuant to CPLR 510 (2), a movant is required to produce admissible factual evidence demonstrating a strong possibility that an impartial trial cannot be obtained in the county where venue was properly placed *(see Matter of Michiel,*48 AD3d 687 [2008]; *Jablonski v Trost,*245 AD2d 338, 339 [1997]; *Albanese v West Nassau Mental Health*Ctr., 208 AD2d 665, 666 [1994]). Under the circumstances of this case, including the evidence demonstrating that the defendant is a retired Orange County Supreme Court Justice, who presided in that court for more than two decades, that his relative is a retired Orange County Court Judge, and that the defendant’s daughter is a Support Magistrate in the Orange County Family Court, the protection of the court from even a possible appearance of impropriety requires a change of the venue of the action from Orange County to Dutchess County *(see Saxe v OB/GYN Assoc.,*86 NY2d 820, 822 [1995]; *Kavelman v Taylor,*245 AD2d 9 [1997]; *Milazzo v Long Is. Light. Co.,*106 AD2d 495 [1984]).

Accordingly, the Supreme Court should have granted the plaintiffs’ motion pursuant to CPLR 510 (2) to change the venue of the action from Orange County to Dutchess County. Rivera, J.P., Eng, Chambers, Sgroi and Miller, JJ., concur.
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Michael J White    RES AGRI ENGR **Michael J. White**Agricultural EngineerGrassland Soil and Water Research LaboratoryUSDA-ARS808 East Blackland Rd.Temple, TX 76502Phone: (254) 770-6523 e-mail: mike.white2@usda.gov    Education Oklahoma State University
B.S. Biosystems Engineering 1999
Oklahoma State University
M.S. Biosystems Engineering 2001
Oklahoma State University
Ph.D. Biosystems Engineering 2007


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Document

EXHIBIT 10.1


FIRST AMENDMENT TO
PEOPLES BANCORP INC.
AMENDED AND RESTATED
NONQUALIFIED DEFERRED COMPENSATION PLAN


WHEREAS, Peoples Bancorp Inc. (the “Company”) maintains the Peoples Bancorp Inc. Nonqualified Deferred Compensation Plan (the "Plan"), which was originally effective July 25, 2013 and has been most recently amended and restated effective July 11, 2019;


WHEREAS, pursuant to Article 11.00 of the Plan, the Committee may, at any time, in its sole discretion, amend the Plan; and


WHEREAS, the Committee desires to amend the Plan as set forth in this First Amendment.


NOW, THEREFORE, effective as of May 17, 2021 (the “Amendment Effective Date”), the Company hereby amends the Plan as follows:


1.Section 4.02 of the Plan is hereby deleted in its entirety and replaced with the following: 


4.02     Discretionary Contributions.  The Company or one of its Affiliates, as applicable, shall make Discretionary Contributions to the Account of a Participant in such amount that would have been made pursuant to the Qualified Plan as matching contributions had all amounts elected to be deferred under this Plan pursuant to Section 4.01 been deferred under the Qualified Plan and as if the Statutory Limits did not exist.  For Plan Years commencing prior to January 1, 2021, Discretionary Contributions were credited to the Accounts of Participants during the first calendar quarter following the last day of the Plan Year with respect to which the related Compensation was deferred.  Effective beginning with the first pay period in June 2021, Discretionary Contributions shall be credited to the Accounts of Participants each pay period with respect to Compensation deferred in that pay period.  As soon as administratively practicable on or after June 1, 2021, a “true-up” discretionary contribution shall be credited to the Accounts of Participants with respect to Compensation deferred between January 1, 2021 and the last pay period in May 2021.


2.Section 4.03(b) of the Plan is hereby deleted in its entirety and replaced with the following:


(b)        Discretionary Contributions.  Any Discretionary Contributions shall be credited to a Participant’s Account at the time described in Section 4.02.


3.Capitalized terms not otherwise defined in this First Amendment shall have the meanings ascribed to them in the Plan.


4.All other terms and conditions of the Plan shall remain in full force and effect.


[Remainder of page intentionally left blank.]












IN WITNESS WHEREOF, the Company has caused this First Amendment to be executed by its duly authorized officer, effective as of the Amendment Effective Date.


PEOPLES BANCORP INC.






By:          s/s Chuck Sulerzyski  


Print:      Chuck Sulerzyski        


Title:       President and CEO     


Date:      May 20, 2021
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Maritime Commission

                    The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments, relevant information, or documents regarding the agreement to the Secretary by email at                     *Secretary@fmc.gov,*                     or by mail, Federal Maritime Commission, Washington, DC 20573. Comments will be most helpful to the Commission if received within 12 days of the date this notice appears in the                     **Federal Register**                    . Copies of agreement are available through the Commission's website (                    *www.fmc.gov*) or by contacting the Office of Agreements at (202)-523-5793 or                     *tradeanalysis@fmc.gov.*

*Agreement No.:*                     012248-001.                

*Agreement Name:*                     MOL/NMCC Joint Operating Agreement.                

*Parties:*                     Mitsui O.S.K. Lines, Ltd.; and Nissan Motor Car Carrier Co., Ltd.                

*Filing Party:*                     Rebecca Fenneman; Jeffrey/Fenneman Law and Strategy PLLC.                

*Synopsis:*                     The amendment would remove World Logistics Service (U.S.A.) Inc. as a party to the agreement and conform the language to reflect its removal; revise MOL's ownership of NMCC; correct a typographical error; and remove the authority to jointly negotiate with tug or towing vessel service providers on any matter relating to rates or services provided within the United States by those tugs or towing vessels.                

*Proposed Effective Date:*                     9/17/2021.                

*Location: https://www2.fmc.gov/​FMC.Agreements.Web/​Public/​AgreementHistory/​304.*

Dated: August 5, 2021.

Rachel E. Dickon,

Secretary.

[FR Doc. 2021-17110 Filed 8-10-21; 8:45 am]

BILLING CODE 6730-02-P
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 Crop Production and Pest Control Research: West Lafayette, IN
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ARS Home Midwest Area West Lafayette, Indiana Crop Production and Pest Control Research People & Locations







Curtis  Garrison

(Curt)
                        Crop Production and Pest Control Research

                        




                        
                        Program Support Assistant (Office Automation)
                        Phone: (765) 494-4381
                        
                        
                        Fax: (765) 494-7554(Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


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Minute Order Farm (06/97)

United States District Court, Northern District of Illinois

Name of Assigned Judge George M. Marovich Sitting Judge if Other lan H. Levin
or Magistrate fudge than Assigned Judge
CASE NUMBER 01 C 8657 DATE 2/5/2003
CASE Demetrios Stathis vs. Owens International, Inc.
TITLE
[In the following box (a) indicate the party filing the motion, ¢.g.. plaintiff, defendant. 3td party plaintiff, and (b) state briefly the nature
of the motion being presented.)
MOTION;

DOCKRFT ENTRY:

(1) Oo Filed motion of [ use listing in “Motion” box above.]

(2) o Brief in support of motion due

(3) im Answer brief to motion due . Reply to answer brief due

(4) ina Ruling/Hearing on___sset for____att

& a Status hearing[held/continued to] [set for/re-set for] on set for at

(6) oO Pretrial conference{held/continued to} (set for/re-set for] on set for at

(7) oO Trial[set for/re-set for]on__— sat

(8) o [Bench/Jury trial] [Hearing] held/continued to _at

(9) oO This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]

CFRcP4(m) (Ol Local Rule 41.1 OOFRCP4I(ayl) OO FRCP41(a)(2).

qo [Other docket entry] Motion hearing on defendants’ motion to enforce the settlement agreement between the parties
and compel plaintiff to execute the settlement agreement held. Enter report and recommendation recommending that it is reported
and recommended, for the reasons stated of record, that the motion to enforce the settlement agreement between the parties and
compel plaintiff to execute the settlement agreement (in the requested amount of $7,000) be granted as to the motion to enforce
settlement and denied in the form requested as to the motion to compel plaintiff to execute the settlement agreement (It is
recommended, instead, that the settlement be made payable jaintly (o plaintiff and plaintiff's prior counsel). The transcript of
proceedings of 2/5/03 hearing and ruling shall be transcribed forthwith and filed with the District Judge. All matters relating to the
referral of this action having been resolved, the case is returned to the assigned judge.

(1) of [For further detail see order on the reverse side of the original minute order.]

No notices required, advised in open court. Document
2 Number,

No notices required, umber of notices

UY | Notices mailed by judge's staff.

Notified counsel by telephone, a 2:23

Docketing to mail notices. .)
Mail AQ 430 form yue --3n nas
ov | Copy to judgc/magistrate judge,
saws
Cae ‘ date wuled notice
courtroom Ban wy
SM deputy’s av
initials "

‘\v Date/time received in
central Cleck’s Office snag deny iil



(Reserved for use by the Court)

ORDER

Any objections to this Report and Recommendation must be filed with the Clerk of the Court
within ten (10 days of receipt of this notice. Failure to file objections within the specified time
waives the right to appear the Magistrate Judge’s Report and Recommendation. See FED. R. CTV.
P. 72 (B); 28 U.S.C. 636(8)(1)(B); LORENTZEN v. ANDERSON PEST/ CONTROL, 64 F.3D 327,
329 (7" CIR. 1995); THE PROVIDENT BANK v. MANOR STELL CORP. , 882 F.2D 258 (7" CIR.

1989).
CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


The  Board  of  Directors
Emeritus  Corporation:


We  consent  to  incorporation by reference in the registration statements (Nos.
333-60323,  333-05965 and 333-70580) on Form S-8 and (No. 333-20805) on Form S-3
of  Emeritus  Corporation  of  our  reports dated March 5, 2004, relating to the
consolidated  balance  sheets  of  Emeritus  Corporation  and subsidiaries as of
December  31,  2003  and  2002,  and  the  related  consolidated  statements  of
operations,  shareholders'  deficit  and comprehensive operation, and cash flows
for  each of the years in the three-year period ended December 31, 2003, and the
related  schedule, which reports appears in the December 31, 2003, annual report
on  Form  10-K  of  Emeritus  Corporation.


/s/  KPMG  LLP


Seattle,  Washington
March  26,  2004
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                    U.S. DEPARTMENT OF AGRICULTURE
 Crop Genetics Research: Stoneville, MS
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Shuxian  Li    Research Plant Pathologist Crop Genetics Research Unit 141 Experiment Station Road PO Box 345 Stoneville, MS 38776 Office: 662.686.3061 Fax: 662.686.5218


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This panel has determined unanimously that oral argument would not *

materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2);

10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral

argument. This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. The court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

F I LED

United States Court of Appeals

Tenth Circuit

November 9, 2006

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

MARTIN ARANDA-BRIONES,

Defendant-Appellant.

No. 05-2294

(D.C. No. CR-05-458 MCA)

(D. N.M.)

ORDER AND JUDGMENT

*

Before HENRY, EBEL, and BRISCOE, Circuit Judges.

Defendant Martin Aranda-Briones pled guilty to illegally reentering the

country following removal after conviction of an aggravated felony, in violation

of 8 U.S.C. § 1326(a), (b)(2). His plea agreement states that he “knowingly

waives the right to appeal any sentence within the statutory range applicable to

the statute(s) of conviction.” Plea Agreement at 5 (dated Mar. 21, 2005). The
-2-

district court imposed a sentence of forty-six months, well within the twenty-year

maximum specified in § 1326(b)(2). The court also imposed a two-year term of

supervised release, again within the statutory maximum term of three years. See

18 U.S.C. §§ 3559(a)(3), 3583(b)(2). Contemplating defendant’s removal after

his release from confinement, the court did not designate standard conditions of

supervised release but did specify as a special condition that the defendant not

reenter the United States without legal authorization. 

Defendant appealed and, in his opening brief, raised one issue: “Was the

imposition of a term of ‘unsupervised supervised release’ unreasonable?” Aplt.

Opening Br. at 1. The government moved to enforce the appeal waiver in

defendant’s plea agreement under United States v. Hahn, 359 F.3d 1315 (10th Cir.

2004) (en banc). Defendant, through counsel, has responded and “concedes that

the motion is enforceable.” Aplt. Resp. to Mot. to Enforce Plea Agreement at 1.

Accordingly, we GRANT the government’s motion and DISMISS the

appeal. The mandate shall issue forthwith.

ENTERED FOR THE COURT

PER CURIAM