alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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ARS Home Pacific West Area Parlier, California San Joaquin Valley Agricultural Sciences Center Commodity Protection and Quality Research People & Locations







Alfredo  Alvarez
                        Commodity Protection and Quality Research

                        




                        
                        Physical Science Aid
                        Phone: (559) 596-2750
                        
                        
                        Fax: (559) 596-2721(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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Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,

J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk March 23, 2011

0316 

# Order

March 23, 2011

141779

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant,

v SC: 141779 COA: 290747 Lenawee CC: 07-013418-FH PAUL ALLISON CORRIN, SR., Defendant-Appellee.

________________ _______________ __________/

By order of November 22, 2010, the app lication for leave to appeal the July 27, 2010 judgment of the Court of Appeals was held in ab eyance pending the decision in People v Smith (Docket No. 140371). On order of the Court, the case having been decided on December 29, 2010, 488 Mich 193 (2010), the app lication is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to a ppeal, we REVERSE in part the judgment of the Court of Appeals. Offense variable (OV) 19 was properly scored by the trial court becau se that offense variable prov ides for the consideration of conduct after the completion of the sentencing offense. People v Smith, 488 Mich 193 (2010). OV 12 was properly scored by the trial court for the reasons stated in the Court of Appeals dissent. The psychological inju ry suffered by the vic tim’s family members

and the likelihood of the defe ndant reoffending were proper ly considered by the trial court as substantial and compelling reasons that justify a departure from the statutory sentencing guidelines. Further, we are not persuaded that the standards set forth in People v Hill, 221 Mich App 391, 398 (1997), require reassigning the case to a different judge. Accordingly, we REMAND this case to the Lenawee Circu it Court so that the resentencing ordered by the Court of Appeals can occur before the same judge. In all other respects, leave to appeal is DENIED , because we are not persuaded that the remaining questions presen ted should be reviewed by this Court.
#### Lina Montemurro, Appellant, et al., Plaintiff, v Memorial Sloan-Kettering Cancer Center et al., Respondents, et al., Defendants.

[942 NYS2d 623]

In an action to recover damages for medical malpractice, etc., the plaintiff Lina Montemurro appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (O’Donoghue, J.), dated March 29, 2010, as granted those branches of the separate motions of the defendant Michael Melgar, and the defendants Memorial Sloan-Kettering Cancer Center, Memorial Hospital for Cancer and Allied Disease, and Manjit S. Bains, which were to strike the complaint insofar as asserted against each of them by her pursuant to CPLR 3126 for failure to comply with discovery orders.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The nature and degree of the penalty to be imposed pursuant to CPLR 3126 lies within the sound discretion of the trial court *(see Kihl v Pfeffer,*94 NY2d 118 [1999]; *Friedman, Harfenist, Langer & Kraut v Rosenthal,*79 AD3d 798, 800 [2010]). The striking of a pleading may be appropriate where there is a clear showing that the failure to comply with discovery demands is willful or contumacious *(see Commisso v Orshan,*85 AD3d 845, 845 [2011]; *Friedman, Harfenist, Langer & Kraut v Rosenthal,*79 AD3d at 800; *Byam v City of New York,*68 AD3d 798, 800 [2009]). The willful or contumacious character of a party’s conduct can be inferred from the party’s repeated failure to respond to demands or to comply with discovery orders *(see Commisso v Orshan, 85*AD3d at 845; *Giano v Ioannou,*78 AD3d 768, 771 [2010]; *Northfield Ins. Co. v Model Towing & Recovery,*63 AD3d 808, 809 [2009]; *McArthur v New York City Hous. Auth.,*48 AD3d 431, 431 [2008]; *Bomzer v Parke-Davis, Div. of Warner Lambert Co.,*41 AD3d 522 [2007]; *Maiorino v City of New York,*39 AD3d 601, 602 [2007]; *Cafaro v Emergency Servs. Holding, Inc.,*11 AD3d 496, 498 [2004]).

Contrary to the appellant’s contentions, the willful or contumacious character of the conduct at issue could properly be inferred by the court from her repeated failures, without an adequate excuse, to comply with discovery demands and the court’s discovery orders to provide certain disclosure *(see Quinones v Long Is. Jewish Med. Ctr.,*90 AD3d 632 [2011]; *Bort v Perper,*82 AD3d 692, 694 [2011]; *Howe v Jeremiah,*51 AD3d 975, 975-976 [2008]; *cf. Hoi Wah Lai v Mack,*89 AD3d 990*1067[2011]; *Batshever v Jafar,*73 AD3d 1108 [2010], *cert denied*565 US —, 132 S Ct 138 [2011]; *Hanlon v Rosenthal,*7 AD3d 758, 759 [2004]). Accordingly, the Supreme Court properly granted those branches of the separate motions of the defendant Michael Melgar, and the defendants Memorial Sloan-Kettering Cancer Center, Memorial Hospital for Cancer and Allied Disease, and Manjit S. Bains, which were , to strike the complaint insofar as asserted against each of them by the appellant pursuant to CPLR 3126.

The appellant’s remaining contentions are not properly before this Court. Skelos, J.E, Dickerson, Austin and Miller, JJ., concur.
EX-10.2.C






Exhibit 10.2(c)




Executive Officers of

The Scotts Miracle-Gro Company

who are parties to form of

Employee Confidentiality, Noncompetition,

Nonsolicitation Agreement for employees

participating in The Scotts Company LLC

Amended and Restated Executive Incentive Plan




	 	 	 
	 	 	Date of Employee Confidentiality,
	Name and Principal Position	 	Noncompetition, Nonsolicitation
	with The Scotts Miracle-Gro Company	 	Agreement
	 
	Barry W. Sanders, Executive Vice President, North America

	 	April 22, 2005
	 
	 	 
	Vincent C. Brockman, Executive Vice President, General Counsel and Corporate
Secretary

	 	May 11, 2006
	 
	 	 
	David C. Evans, Executive Vice President, Chief Financial Officer

	 	May 20, 2006
	 
	 	 
	Michael C. Lukemire, Executive Vice President, Global Technology & Operations

	 	June 26, 2006
	 
	 	 
	Denise S. Stump, Executive Vice President, Global Human Resources

	 	August 8, 2006
	 
	 	 
	Mark R. Baker, President and Chief Operating Officer

	 	September 29, 2008
	 
	 	 
	Michael P. Kelty, Executive Vice President

	 	November 13, 2008
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   3-MOS
<FISCAL-YEAR-END>                          FEB-28-1999             FEB-28-1998
<PERIOD-START>                             MAR-01-1998             MAR-01-1997
<PERIOD-END>                               MAY-31-1998             MAY-31-1997
<CASH>                                               2                   1,649
<SECURITIES>                                         0                       0
<RECEIVABLES>                                    8,390                   6,509
<ALLOWANCES>                                       505                     485
<INVENTORY>                                     13,941                  11,910
<CURRENT-ASSETS>                                23,743                  21,246
<PP&E>                                           5,131                   4,301
<DEPRECIATION>                                   1,487                   1,316
<TOTAL-ASSETS>                                  27,690                  24,592
<CURRENT-LIABILITIES>                            8,177                   5,829
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                            79                      79
<OTHER-SE>                                      19,147                  18,343
<TOTAL-LIABILITY-AND-EQUITY>                    27,690                  24,592
<SALES>                                         14,821                  12,735
<TOTAL-REVENUES>                                14,821                  12,735
<CGS>                                            8,741                   8,526
<TOTAL-COSTS>                                    8,741                   8,526
<OTHER-EXPENSES>                                 5,065                   2,977
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                  42                     594
<INCOME-PRETAX>                                    973                     638
<INCOME-TAX>                                       419                     262
<INCOME-CONTINUING>                                554                     376
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                   (374)
<NET-INCOME>                                       554                       2
<EPS-PRIMARY>                                      .08                     .00
<EPS-DILUTED>                                      .08                     .00
        

</TABLE>
<PAGE>

                                                                    Exhibit 32.2

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

         In connection with the Annual Report of ILEX Oncology, Inc. (the
"Company") on Form 10-K for the period ended December 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Mark P.
Mellin, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

         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/ MARK P. MELLIN
                                    ____________________________________
                                    Name:  Mark P. Mellin
                                    Title: Senior Vice President and Chief
                                           Financial Officer
                                    Date:  March 12, 2004
Case: 1:02-cv-08702 Document #: 10 Filed: 02/14/03 Page 1 of 6 PageID #:49
Case: 1:02-cv-08702 Document #: 10 Filed: 02/14/03 Page 2 of 6 PageID #:50
Case: 1:02-cv-08702 Document #: 10 Filed: 02/14/03 Page 3 of 6 PageID #:51
Case: 1:02-cv-08702 Document #: 10 Filed: 02/14/03 Page 4 of 6 PageID #:52
Case: 1:02-cv-08702 Document #: 10 Filed: 02/14/03 Page 5 of 6 PageID #:53
Case: 1:02-cv-08702 Document #: 10 Filed: 02/14/03 Page 6 of 6 PageID #:54
Case: 1:01-cv-09502 Document #: 112 Filed: 02/01/05 Page 1 of 12 PageID #:608
Case: 1:01-cv-09502 Document #: 112 Filed: 02/01/05 Page 2 of 12 PageID #:609
Case: 1:01-cv-09502 Document #: 112 Filed: 02/01/05 Page 3 of 12 PageID #:610
Case: 1:01-cv-09502 Document #: 112 Filed: 02/01/05 Page 4 of 12 PageID #:611
Case: 1:01-cv-09502 Document #: 112 Filed: 02/01/05 Page 5 of 12 PageID #:612
Case: 1:01-cv-09502 Document #: 112 Filed: 02/01/05 Page 6 of 12 PageID #:613
Case: 1:01-cv-09502 Document #: 112 Filed: 02/01/05 Page 7 of 12 PageID #:614
Case: 1:01-cv-09502 Document #: 112 Filed: 02/01/05 Page 8 of 12 PageID #:615
Case: 1:01-cv-09502 Document #: 112 Filed: 02/01/05 Page 9 of 12 PageID #:616
Case: 1:01-cv-09502 Document #: 112 Filed: 02/01/05 Page 10 of 12 PageID #:617
Case: 1:01-cv-09502 Document #: 112 Filed: 02/01/05 Page 11 of 12 PageID #:618
Case: 1:01-cv-09502 Document #: 112 Filed: 02/01/05 Page 12 of 12 PageID #:619
<PAGE>

                                 Exhibit 10.29


                               December 29, 1997


Via Registered Mail
Silicon Valley Bank
1731 Embarcadero Road, Suite 220
Palo Alto, CA  94303
Attention:  Mr. Michael K. Devery


Dear Mr. Devery

     Following up on our recent conversations, this letter is to confirm that
Red Brick Systems, Inc. ("Red Brick") desires to terminate that certain Amended
and Restated Business Loan Agreement between Red Brick and Silicon Valley Bank
("SVB") dated as of April 30, 1997 ("Loan Agreement").   As of the date of this
letter all Indebtedness (as defined in the Loan Agreement) of Red Brick to SVB
under the Loan Agreement has been performed in full.

     Please indicate SVB's consent to terminate the Loan Agreement effective as
of the date of this letter by signing both copies of this letter in the space
below and returning one fully executed original to my attention.

     We have appreciated SVB's support of Red Brick.  If you have any questions,
please contact me directly at 408-399-7924.

                              Very truly yours,

                              Red Brick Systems, Inc.

                              By: /s/ Margaret Brauns
                                  ------------------------------------------
                                  Margaret Brauns
                                  Vice President and Chief Financial Officer

Agreed to and Accepted as of December 29, 1997

Silicon Valley Bank

By:
   -----------------------------------
Name:
     ---------------------------------
Title:
      --------------------------------
EXHIBIT 32.2
 
 Certification Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
 
 The undersigned officer of Summit Properties Inc., the general partner of Summit Properties Partnership, L.P. (the "Operating Partnership"), hereby certifies to his knowledge that the Operating Partnerships quarterly report on Form 10-Q for the period ended March 31, 2004 (the "Report"), as filed with the Securities and Exchange Commission on the date hereof, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Operating Partnership.
 
 
 Date: May 10, 2004
/S/ Gregg D. AdzemaGregg D. AdzemaExecutive Vice President and Chief Financial Officer
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


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                    U.S. DEPARTMENT OF AGRICULTURE
 Sugarbeet and Bean Research: East Lansing, MI
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ARS Home Midwest Area East Lansing, Michigan Sugarbeet and Bean Research People & Locations







Anel  Aguilar
                        Sugarbeet and Bean Research

                        




                        
                        Biological Science Technician
                        Phone: (517) 353-0210
                        
                        
                        Fax: (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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CERTIFICATIONS
 
 I, Daniel
R. Baty, Chief Executive Officer, certify that:
 
 1.
    I
      have reviewed this annual report on Form 10-K of Emeritus
      Corporation;
 
 2.
    Based
      on my knowledge, this report does not contain any untrue statement of a
      material fact or omit to state a material fact necessary to make the
      statements made, in light of the circumstances under which such statements
      were made, not misleading with respect to the period covered by this
      report;
 
 3.
    Based
      on my knowledge, the financial statements, and other financial information
      included in this report, fairly present in all material respects the
      financial condition, results of operations and cash flows of the
      registrant as of, and for, the periods presented in this report;
 
 4.
    The
      registrant's other certifying officer and I are responsible for
      establishing and maintaining disclosure controls and procedures (as
      defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant
      and have:
 
 (a)
    Designed
      such disclosure controls and procedures, or caused such disclosure
      controls and procedures to be designed under our supervision, to ensure
      that material information relating to the registrant, including its
      consolidated subsidiaries, is made known to us by others within those
      entities, particularly during the period in which this report is being
      prepared;
 
 (b)
    Evaluated
      the effectiveness of the registrant's disclosure controls and procedures
      and presented in this report our conclusions about the effectiveness of
      the disclosure controls and procedures, as of the end of the period
      covered by this report based on such evaluation; and
 
 (c)
    Disclosed
      in this report any change in the registrant's internal control over
      financial reporting that occurred during the registrant's most recent
      fiscal quarter that has materially affected, or is reasonably likely to
      materially affect, the registrant's internal control over financial
      reporting; and
 
 5.
    The
      registrant's other certifying officer and I have disclosed, based on our
      most recent evaluation of internal control over financial reporting, to
      the registrant's auditors and the audit committee of the registrant's
      board of directors (or persons performing the equivalent functions):
 
 (a)
    All
      significant deficiencies and material weaknesses in the design or
      operation of internal control over financial reporting which are
      reasonably likely to adversely affect the registrant's ability to record,
      process, summarize and report financial information; and
 
 (b)
    Any
      fraud, whether or not material, that involves management or other
      employees who have a significant role in the registrant's internal control
      over financial reporting.
 
 
 /s/    Daniel R. Baty
 Daniel R.
Baty
 Chief
Executive Officer
 March 30,
2005
#### REISS, Respondent, v. BOEHM et al., Appellants.

(Supreme Court, Appellate Division, First Department.

October 25, 1907.)

Action by Samuel M. Reiss, as trustee, against Max S. Boehm and others. E. Goldmark, for appellants. W. M. Seabury, for respondent.

No opinion. Order affirmed, with $10 costs and disbursements. Order filed.