alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Leah Lowinger, Appellant, v Robert Lowinger, Respondent.

— In an action for a divorce and ancillary relief, the plaintiff wife appeals from an order of the Supreme Court, Kings County (Imperato, J.H.O.), dated November 7, 1985, which granted that branch of the defendant husband’s motion which was for enforcement of an agreement with respect to visitation.

Ordered that the order is affirmed, with costs.

Although an order denying the plaintiff’s cross motion to compel arbitration was never signed, entered or served on the plaintiff as required *(see,*CPLR 2219, 2220; *McCormick v Mars Assoc.,*25 AD2d 433), the plaintiff, having actual notice of the proposed order and being aware of the court’s repeated assertions of its jurisdiction in the matter, acted improperly in waiting two years, until the very eve of the hearing on the custody and visitation matter, before indicating that she was challenging the propriety of the court’s retention of jurisdiction. In this instance, the Judicial Hearing Officer acted properly in raising, *sua sponte,*an equitable bar to relitigation *371of the issue, as a matter of public policy, to protect the integrity of the proceedings *(cf. Simmons v Benn,*96 AD2d 507, 508). Moreover, since even the plaintiff’s evidence showed that the Rabbinical Court would only have had jurisdiction to grant one of the alternative remedies sought by the defendant, i.e., that branch of the motion which sought enforcement of the agreement, but not that branch of the motion which sought modification of the agreement, jurisdiction to hear the motion was *not*shown to reside in the Rabbinical Court.

The evidence before the court was sufficient for it to properly reject the allegation of the plaintiff that the defendant had sexually abused their daughter. Thus, the enforcement of the unsupervised visitation to which the parties had originally stipulated was entirely proper and no further psychiatric evaluation or hearing is warranted.

We further reject the plaintiff’s contention that she was improperly limited by the court in her access to psychiatric reports or in her cross-examination of witnesses. Mollen, P. J., Bracken, Brown and Sullivan, JJ., concur.
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**CERTIFICATION PURSUANT TO****SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002****(18 U.S.C. SECTION 1350)**     In connection with the Annual Report of CHS Inc. (the“Company”) on Form 10-K/ A for the fiscal yearended August 31, 2004 as filed with the Securities andExchange Commission on the date hereof (the“Report”), I, John D. Johnson, President andChief Executive Officer of the Company, certify, pursuant to18 U.S.C. Section 1350, as adopted pursuant toSection 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    result of operations of the Company.     /s/ John D. Johnson       John D. Johnson     President and Chief Executive OfficerAugust 15, 2005
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1848 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1848

 To suspend temporarily the duty on propanoic acid, 2-[4-[(5-chloro-3-
           fluoro-2-pyridinyl)oxy]-phenoxy]-2-propynyl ester.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 24, 1998

   Mr. Helms introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To suspend temporarily the duty on propanoic acid, 2-[4-[(5-chloro-3-
           fluoro-2-pyridinyl)oxy]-phenoxy]-2-propynyl ester.

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

SECTION 1. PROPANOIC ACID, 2-[4-[(5-CHLORO-3-FLUORO-2-PYRIDINYL)OXY]-
              PHENOXY]-2-PROPYNYL ESTER.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.29.19      Propanoic acid, 2-                                                                       
                        [4-[(5-chloro-3-                                                                        
                        fluoro-2-                                                                               
                        pyridinyl)oxy]-                                                                         
                        phenoxy]-2-                                                                             
                        propynyl ester                                                                          
                        (CAS No. 105512-                                                                        
                        06-9) (provided                                                                         
                        for in subheading                                                                       
                        2918.90.20)......  Free         No change         No change         On or before 12/    
                                                                                             31/02              
                                                                                                                

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to articles entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of enactment of 
this Act.
                                 <all>
```
#### Mabel M. Oakes, Plaintiff, v Gerald Barnes, Defendant; Louis Thompson, Respondent, and Clifford Morey et al., Appellants.

— Mahoney, P. J.

This action arose out of a two-car automobile accident which occurred in the Province of Quebec, Canada. Plaintiff, currently a resident of Canada, was a passenger in a vehicle owned and operated by defendants Clifford and Charlotte Morey, residents of New York. The other vehicle was owned by defendant Louis Thompson, a resident of Canada, and operated by defendant Gerald Barnes, a resident of New York. After issue was joined, plaintiff made a motion related to disclosure and Thompson cross-moved to dismiss the complaint against him on the ground of lack of personal jurisdiction. Thompson’s moving papers were never served on the attorney for the Moreys such that they did not appear on the motion. Special Term granted the motion and dismissed the complaint as against Thompson on the ground of forum non conveniens. The Moreys appeal.

Clearly, Thompson should have served the cross motion papers on the Moreys’ attorney (CPLR 2103 [e]). However, in this case, such error was merely an irregularity. Thompson only sought to have the action dismissed as against him, and that is all the relief Special Term granted. The action as against the Moreys is still pending in New York. Thus, in this case, the failure to serve the cross motion papers on the Moreys does not warrant reversal. We note that the record does not indicate that any cross claims were interposed prior to the motion to dismiss.

Order affirmed, without costs. Mahoney, P. J., Main, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.
PAGE 1 - JOINT ALTERNATIVE DISPUTE RESOLUTION

MERSEREAU SHANNON LLP

ONE SW COLUMBIA STREET, SUITE 1600

PORTLAND, OREGON 97258-2014

(503) 226-6400 | FAX: 503-226-0383

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

DOUG GREISEN, an individual,

Plaintiff,

v.

JON HANKEN, an individual, JOHN DOES 1-

5, and CITY OF SCAPPOOSE, an Oregon 

municipality,

Defendants.

Case No. 3:14-cv-01399-SI

JOINT ALTERNATE DISPUTE 

RESOLUTION REPORT

Pursuant to LR 16-4(d), the parties to all cases, unless exempt, are required to confer regarding 

ADR and file this report within one-hundred fifty (150) days of the initiation of a lawsuit. This report is 

submitted in compliance with LR 16-4(d).

1. Have counsel held settlement discussions with their clients and the opposing party?

 Yes □ No

If not, provide an explanation:

2. The parties propose: (check one of the following)

□(a) That this case be referred to a neutral of their choice for ADR not sponsored by 

the court pursuant to LR 16-4(e)(1).

□(b) That the court refer this case to mediation using a Court-sponsored mediator or 

staff mediator. (See LR 16-4(f) for Court-sponsored mediation procedures). 

Case 3:14-cv-01399-SI Document 18 Filed 01/29/15 Page 1 of 2
PAGE 2 - JOINT ALTERNATIVE DISPUTE RESOLUTION

MERSEREAU SHANNON LLP

ONE SW COLUMBIA STREET, SUITE 1600

PORTLAND, OREGON 97258-2014

(503) 226-6400 | FAX: 503-226-0383

The parties seek a Court mediator because:

□(c) ADR may be helpful at a later date following completion of:

□(d) The parties believe the court would be of assistance in preparing for ADR by:

□(e) The parties do not believe that any form of ADR will assist in the resolution of

this case.

(f) Other: Counsel for the parties believe it would assist with resolution of this case 

for the Court to order a settlement conference with a Judge pursuant to LR 16-

4(e)(2).

Dated: January 29, 2015

By: s/John Ostrander

JOHN D. OSTRANDER, OSB NO. 87394

Plaintiff’s Attorney

By: s/Karen M. Vickers

KAREN M. VICKERS, OSB NO. 913810

Defendants’ Attorney

Case 3:14-cv-01399-SI Document 18 Filed 01/29/15 Page 2 of 2
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CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

We hereby consent to the incorporation of our report dated May 1, 1998,
appearing in the Annual Report of Form 10-KSB of Infinity, Inc. for the fiscal
year ended March 31, 1998 in the following Registration Statements on Form
S-8:

  SEC File No.        Name of Plan                  Date of Filing
  ------------        ------------                  --------------

  33-82142       Employee Stock Bonus Plan          July 28, 1994
  33-90878       Stock Option Plan                  March 31, 1995




/s/ Mayer Hoffman McCann L.C.
Kansas City, Missouri
July 16, 1998
hrtg-ex109_111.htm



Exhibit 10.9

Heritage Insurance Holdings,  Inc.

A  DELAWARE CORPORATION

 

AMENDMENT TO EMPLOYMENT AGREEMENT

 

THIS AMENDMENT TO EMPLOYMENT AGREEMENT ("Amendment") is made and entered into on October 7, 2019, by and between HERITAGE INSURANCE HOLDINGS, INC., and its subsidiary  companies  (collectively, the "Company"), and Kirk H. Lusk (the "Executive").

 

 

RECITALS

 


	
 
	
1.
	
The Company is engaged in the insurance  and financial services  industry;




 


	
 
	
2.
	
The Executive serve as the Chief Financial  Officer of the Company and its  Subsidiaries;




 


	
 
	
3.
	
The parties signed an Employment Agreement dated January 30, 2018 (the "Agreement");
	
 




 


	
 
	
4.
	
The Company and Executive have agreed that Executive should receive a housing allowance and travel reimbursement as set fo1th  herein.
	
 




 

NOW, therefore, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the Company  and Executive  agree as follows:

AGREEMENT

 

NOW, THEREFORE, in consideration of the premises and mutual covenants set forth herein, the parties  hereby  agree as follows:

 

Section 5 of the Agreement is amended in its entirety to read:

 

"Expense  Reimbursement. During  the Employment  Term,  the Company,  upon  the submission of supporting documentation by the Executive, and in accordai1ce with Company policies for its executives, shall reimburse the Executive for all expenses actually paid or incurred by the Executive in the course of and pursuant to the business of the Company and the Subsidiaries. Executive shall also be reimbursed for all reasonable travel expenses to and from Clearwater, Florida."

 

Section 8 of the Agreement is amended in its entirety to read:

 

"Temporary housing. The Company shall provide a monthly housing allowance to Executive in the amount of $3,500."

 

Entire  Agreement. This Amendment  and the Agreement  constitute the entire agreement between

 



1
 


 

the parties hereto with respect to the subject matter hereof. It supersedes all prior negotiations,  letters and understandings relating to the subject  matter hereof.

 

Amendment. This Amendment may not be amended, supplemented or modified in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment, supplement or modification is sought.

 

Counterparts. This Agreement may be executed in one or more counterparts, each of which  will be deemed an original.

 

 

Agreed by:

 

Heritage Insurance Holdings, Inc.

 


	
 
	
By: /s/ BRUCE LUCAS
	
By: /s/ KIRK LUSK
	
 





	
 
	
 
	
Bruce Lucas, CEO      Kirk Lusk, CEO
#### EVERS et al. v. LONG ISLAND CITY.

(Supreme Court, General Term, Second Department.

December 2, 1895.)

Action by Patrick Evers and Rose Evers against Long Island City.

No opinion. Judgment affirmed, with costs. All concur.