alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE> 1

<TABLE>
                                                                                                           EXHIBIT 11.1

<CAPTION>
                                                                  Three months Ended                 Nine months Ended
                                                                    September 30,                      September 30,
                                                                  1997           1996               1997            1996
                                                                  ----           ----               ----            ----
<S>                                                            <C>            <C>                <C>              <C>
Results after preferred stock dividend                         $ (33,641)     $ 373,739          $  34,083        $ 442,457

Shares<F*>
    Basic:
    Weighted-average number of common shares outstanding          50,000         25,179             42,197           25,179
    Common stock equivalent shares related to option plans       161,550        161,550            161,550          161,550
    Common stock equivalent shares related to acquisition        325,000        325,000            325,000          325,000
       of Health Financial, Inc.

         Weighted-average number of common and common
            equivalent shares outstanding                        536,550        511,729            528,747          511,729

    Basic Earnings Per Share<F*>                               $   (0.06)     $    0.73          $    0.06        $    0.86

    Fully Diluted:
    Weighted-average number of common shares outstanding          50,000         50,000             50,000           50,000
    Common stock equivalent shares related to option plans       572,768        572,768            572,768          572,768
    Common stock equivalent shares related to acquisition        325,000        325,000            325,000          325,000
      of Health Financial, Inc.

         Weighted-average number of common and common
            equivalent shares outstanding                        947,768        947,768            947,768          947,768

    Fully Diluted Earnings Per Share<F*>                       $   (0.04)     $    0.39          $    0.04        $    0.47

<FN>
<F*>Reflects common stock splits and dividends issued
</TABLE>
Case: 1:03-cv-00759 Document #: 249 Filed: 07/05/05 Page 1 of 6 PageID #:2454
Case: 1:03-cv-00759 Document #: 249 Filed: 07/05/05 Page 2 of 6 PageID #:2455
Case: 1:03-cv-00759 Document #: 249 Filed: 07/05/05 Page 3 of 6 PageID #:2456
Case: 1:03-cv-00759 Document #: 249 Filed: 07/05/05 Page 4 of 6 PageID #:2457
Case: 1:03-cv-00759 Document #: 249 Filed: 07/05/05 Page 5 of 6 PageID #:2458
Case: 1:03-cv-00759 Document #: 249 Filed: 07/05/05 Page 6 of 6 PageID #:2459
Case: 1:02-cv-05437 Document #: 33 Filed: 06/20/03 Page 1 of 8 PageID #:141
Case: 1:02-cv-05437 Document #: 33 Filed: 06/20/03 Page 2 of 8 PageID #:142
Case: 1:02-cv-05437 Document #: 33 Filed: 06/20/03 Page 3 of 8 PageID #:143
Case: 1:02-cv-05437 Document #: 33 Filed: 06/20/03 Page 4 of 8 PageID #:144
Case: 1:02-cv-05437 Document #: 33 Filed: 06/20/03 Page 5 of 8 PageID #:145
Case: 1:02-cv-05437 Document #: 33 Filed: 06/20/03 Page 6 of 8 PageID #:146
Case: 1:02-cv-05437 Document #: 33 Filed: 06/20/03 Page 7 of 8 PageID #:147
Case: 1:02-cv-05437 Document #: 33 Filed: 06/20/03 Page 8 of 8 PageID #:148
#### 11 Essex Street Corp., Plaintiff, v Tower Insurance Company of New York, Defendant. 11 Essex Street Corp., Respondent, v 7 Essex Street, L.L.C., et al., Defendants, and Berzak Gold, P.C., Appellant. (And Other Actions.) Tower Insurance Company of New York, Third Third-Party Plaintiff, v 7 Essex Street, L.L.C., et al., Third Third-Party Defendants, and Berzak Gold, P.C., Third Third-Party Defendant-Appellant. 7 Essex Street, L.L.C., Fifth Third-Party Plaintiff, v Franke, Gottsegen, Cox Architects, Fifth Third-Party Defendant-Respondent.

[948 NYS2d 47]

Appeal from order, Supreme Court, New York County (Emily Jane Goodman, J.), entered September 10, 2010, which, to the extent appealed from as limited by the briefs, denied the motion of fifth third-party defendant Franke, Gottsegen, Cox Architects (FGCA) to vacate the note of issue, and granted plaintiff 11 Essex Street’s cross motion to sever the fifth third-party action, unanimously dismissed, without costs.

Defendant Berzak Gold, the engineering firm retained to design the underpinning and support for plaintiff’s building, has no standing to bring this appeal, as it is not an “aggrieved party” within the meaning of CPLR 5511. Indeed, Berzak Gold is not a party to the fifth third-party action, filed by defendant *7007 Essex against FGCA for indemnification and contribution, and it has not asserted any claims against FGCA. Although Berzak Gold has an interest in the underlying litigation involving property damage to plaintiffs building, this does not establish that it has an interest in the fifth third-party action *(see e.g. Baca v HRH Constr. Corp.,*200 AD2d 538 [1994], *lv denied*84 NY2d 807 [1994]).

Were we to consider the merits of the appeal, we would affirm the order appealed from. There was no basis to vacate the note of issue, as discovery in the underlying actions was complete. Indeed, after plaintiff served the supplemental bill of particulars, there were no new demands for discovery or motions to compel additional discovery *(cf. Club Italia v Italian Fashion Trading,*268 AD2d 219 [2000]). There was, however, a pre-answer motion to dismiss in the fifth third-party action, which, at the time of severance, had not been resolved. Discovery had not yet occurred in that action, which no party disputes is necessary. Prior to filing the fifth third-party complaint, the discovery process spanned almost eight years. To further delay resolution of the other actions in order to conduct discovery in the fifth third-party action would be unduly prejudicial to plaintiff, the injured party *(see*CPLR 1010). Concur — Mazzarelli, J.P., Catterson, Moskowitz, Manzanet-Daniels and Román, JJ. [Prior Case History: 2010 NY Slip Op 31904(U).]
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1198 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  1st Session
                                S. 1198

_______________________________________________________________________

                                 AN ACT

 
   To amend the Immigration and Nationality Act to provide permanent 
    authority for entry into the United States of certain religious 
                                workers.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Religious Workers Act of 1997''.

SEC. 2. PERMANENT AUTHORITY FOR ENTRY INTO UNITED STATES OF CERTAIN 
              RELIGIOUS WORKERS.

    Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(C)(ii)) is amended by striking ``before October 1, 
1997,'' each of the two places it appears.

SEC. 3. WAIVER OF NONIMMIGRANT VISA FEES FOR CERTAIN CHARITABLE 
              PURPOSES.

    Section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) 
is amended by adding at the end the following new sentence: ``Subject 
to such criteria as the Secretary of State may prescribe, including the 
duration of stay of the alien and the financial burden upon the 
charitable organization, the Secretary of State shall waive or reduce 
the fee for application and issuance of a nonimmigrant visa for any 
alien coming to the United States primarily for, or in activities 
related to, a charitable purpose involving health or nursing care, the 
provision of food or housing, job training, or any other similar direct 
service or assistance to poor or otherwise needy individuals in the 
United States.''.

            Passed the Senate September 18, 1997.

            Attest:

                                                             Secretary.
105th CONGRESS

  1st Session

                                S. 1198

_______________________________________________________________________

                                 AN ACT

   To amend the Immigration and Nationality Act to provide permanent 
    authority for entry into the United States of certain religious 
                                workers.
```
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 Mine Safety and Health Review Commission

# AGENCY:

Federal Mine Safety and Health Review Commission.

# ACTION:

Notice.

# SUMMARY:

On a temporary basis, the Federal Mine Safety and Health Review Commission will be sending most issuances through electronic mail and will not be monitoring incoming physical mail or facsimile transmissions.

# DATES:

Applicable: August 10, 2021.

# FOR FURTHER INFORMATION CONTACT:

                        Sarah Stewart, Deputy General Counsel,                               ( print page 45731)                            Office of the General Counsel, Federal Mine Safety and Health Review Commission, at (202) 434-9935;                         *sstewart@fmshrc.gov.*

# SUPPLEMENTARY INFORMATION:

Until January 3, 2022, most case issuances of the Federal Mine Safety and Health Review Commission (FMSHRC), including inter alia notices, decisions, and orders, will be sent only through electronic mail. Further, FMSHRC will not be monitoring incoming physical mail or facsimile described in 29 CFR 2700.5(c)(2). If possible, all filings should be e-filed as described in 29 CFR 2700.5(c)(1).

*Authority:*30 U.S.C. 823.                

Dated: August 10, 2021.

Sarah L. Stewart,

Deputy General Counsel, Federal Mine Safety and Health Review Commission.

[FR Doc. 2021-17409 Filed 8-13-21; 8:45 am]

BILLING CODE 6735-01-P
[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Page 45703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17467]



[[Page 45703]]

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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[S-120-2021]


Foreign-Trade Zone 98-Birmingham, Alabama; Application for 
Subzone; Mercedes Benz USA, LLC, Vance, Alabama

    An application has been submitted to the Foreign-Trade Zones (FTZ) 
Board by the City of Birmingham, Alabama, grantee of FTZ 98, requesting 
subzone status for the facility of Mercedes Benz USA, LLC (MBUSA), 
located in Vance, Alabama. The application was submitted pursuant to 
the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 
81a-81u), and the regulations of the FTZ Board (15 CFR part 400). It 
was formally docketed on August 10, 2021.
    The proposed subzone (42.23 acres) is located at 11146 Will Walker 
Road, Vance, Alabama. No authorization for production activity has been 
requested at this time. The proposed subzone would be subject to the 
existing activation limit of FTZ 98.
    In accordance with the FTZ Board's regulations, Christopher Kemp of 
the FTZ Staff is designated examiner to review the application and make 
recommendations to the Executive Secretary.
    Public comment is invited from interested parties. Submissions 
shall be addressed to the FTZ Board's Executive Secretary and sent to: 
<a href="/cdn-cgi/l/email-protection#d4b2a0ae94a0a6b5b0b1fab3bba2"><span class="__cf_email__" data-cfemail="6f091b152f1b1d0e0b0a41080019">[email protected]</span></a>. The closing period for their receipt is September 27, 
2021. Rebuttal comments in response to material submitted during the 
foregoing period may be submitted during the subsequent 15-day period 
to October 12, 2021.
    A copy of the application will be available for public inspection 
in the ``Reading Room'' section of the FTZ Board's website, which is 
accessible via www.trade.gov/ftz.
    For further information, contact Christopher Kemp at 
<a href="/cdn-cgi/l/email-protection#e3a08b918a90978c938b8691cda8868e93a39791828786cd848c95"><span class="__cf_email__" data-cfemail="acefc4dec5dfd8c3dcc4c9de82e7c9c1dcecd8decdc8c982cbc3da">[email protected]</span></a>.

    Dated: August 10, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021-17467 Filed 8-13-21; 8:45 am]
BILLING CODE 3510-DS-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

TRUSTEES OF THE OREGON AND No. 3:14-cv-00885-HU

SOUTHWEST WASHINGTON PAINTERS 

PENSION TRUST FUND, et al., 

Plaintiffs, 

OPINION AND ORDER

v. 

BRAD PETERSON, dba Commercial 

Wallcovering,

 Defendant.

MOSMAN, J., 

On February 9, 2015, Magistrate Judge Hubel issued his Findings and Recommendation 

(“F&R”) [30] in the above-captioned case, recommending I grant in part Plaintiffs’ motion [14]

for an order to show cause regarding contempt and sanctions. No objections were filed. 

DISCUSSION

The magistrate judge makes only recommendations to the court, to which any party may 

file written objections. The court is not bound by the recommendations of the magistrate judge, 

but retains responsibility for making the final determination. The court is generally required to 

make a de novo determination regarding those portions of the report or specified findings or 

recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court 

is not required to review, de novo or under any other standard, the factual or legal conclusions of 

1 – OPINION AND ORDER

Case 3:14-cv-00885-MO Document 34 Filed 03/09/15 Page 1 of 2
the magistrate judge as to those portions of the F&R to which no objections are addressed. See 

Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 

(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R 

depends on whether or not objections have been filed, in either case, I am free to accept, reject, 

or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C). 

Upon review, I agree with Judge Hubel’s recommendation and I ADOPT the F&R [30] 

as my own opinion, although I modify the relief. 

ORDER

Upon personal service of this order, Defendant Brad Peterson is hereby ordered to

produce the materials identified in Plaintiffs’ motion to compel [Docket Nos. 5 to 7] and 

specified in Judge Hubel’s order [13] of October 9, 2014. Alternatively, Defendant may open 

these records to Plaintiff for inspection and copying. If Defendant fails to comply, this will result 

in the entry of a contempt order which will (1) require Defendant to pay a fine of five hundred 

dollars per day for each day he fails to comply, and (2) allow Plaintiffs to present a petition for 

an award of attorney fees incurred to obtain this discovery since Judge Hubel’s order [13] was 

entered on October 9, 2014. 

IT IS SO ORDERED.

DATED this 9th day of March, 2015. 

/s/ Michael W. Mosman____ 

MICHAEL W. MOSMAN

United States District Judge

2 – OPINION AND ORDER

Case 3:14-cv-00885-MO Document 34 Filed 03/09/15 Page 2 of 2
[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Page 45795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17624]


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

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, August 19, 2021.

PLACE:  The meeting will be held via remote means and/or at the 
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners, 
the Secretary to the Commission, and recording secretaries will attend 
the closed meeting. Certain staff members who have an interest in the 
matters also may be present.
    In the event that the time, date, or location of this meeting 
changes, an announcement of the change, along with the new time, date, 
and/or place of the meeting will be posted on the Commission's website 
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), 
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the 
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting agenda items that may consist of 
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please 
contact Vanessa A. Countryman from the Office of the Secretary at (202) 
551-5400.

    Dated: August 12, 2021.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2021-17624 Filed 8-12-21; 4:15 pm]
BILLING CODE 8011-01-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6678

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROJEAN MORGAN, a/k/a Yusef Shabazz, a/k/a Eli,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Sr.,

District Judge. (CR-92-57-G, CA-97-531-2)

Submitted: February 11, 1999 Decided: February 23, 1999

Before ERVIN, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rojean Morgan, Appellant Pro Se. Lisa Blue Boggs, Assistant United

States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Rojean Morgan seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp.

1998). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find

no reversible error. Accordingly, we deny leave to proceed in

forma pauperis, deny a certificate of appealability and dismiss the

appeal on the reasoning of the district court. See United States

v. Morgan, Nos. CR-92-57-G; CA-97-531-2 (M.D.N.C. Apr. 20, 1998).

Morgan’s motion for appointment of counsel is denied. We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

DISMISSED
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Opinion issued April 5, 2016

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-15-00974-CV

———————————

BENEDICT EMESOWUM, Appellant

V.

LUIZ MARTINEZ AND COLONIAL COUNTY MUTUAL INSURANCE, 

Appellees

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Case No. 1065078

MEMORANDUM OPINION

Appellant, Benedict Emesowum, has neither paid the required fees nor 

established indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; 

see also TEX. GOV’T CODE ANN. §§ 51.207, 51.941(a), 101.041 (West Supp. 2015); 
2

Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and 

before the Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158

(Tex. Aug. 28, 2015). Further, appellant has not paid or made arrangements to pay 

the fee for preparing the clerk’s record. After being notified that this appeal was 

subject to dismissal, appellant did not adequately respond. See TEX. R. APP. P. 5, 

42.3(b), (c).

We dismiss the appeal for nonpayment of all required fees and for want of 

prosecution. We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Bland, Brown, and Lloyd.