alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### In the Matter of the Estate of Katherine M. Dessauer, Deceased. Antonia Greenlee et al., Respondents, v Thomas Dessauer, Individually and as Executor of Katherine M. Dessauer, Deceased, Appellant.

[946 NYS2d 760]

Appeal from a decree of the Surrogate’s Court, Monroe County (Edmund A. Calvaruso, S.), entered November 3, 2010. The decree, among other things, ordered respondent to pay the attorneys’ fees and disbursements incurred by petitioners in commencing this proceeding.

It is hereby ordered that the decree so appealed from is unanimously modified on the law by reducing the award of attorneys’ fees and disbursements in the sum of $6,048.77 to $3,071.27 and as modified the decree is affirmed without costs.

Memorandum: Respondent, individually and as executor of *1561the estate of Katherine M. Dessauer (decedent), appeals from a decree that ordered him to pay attorneys’ fees and disbursements incurred by petitioners in commencing this proceeding to compel production of decedent’s will pursuant to SCPA 1401. Respondent contends for the first time on appeal that petitioners lacked standing to commence the proceeding, and that contention therefore is not properly before us *(see Matter of Jared,*225 AD2d 1049 [1996]; *see generally Matter of Grawe,*32 AD3d 1309, 1310 [2006]). We further conclude, however, that Surrogate’s Court abused its discretion in determining that petitioners are entitled to attorneys’ fees in the amount of $5,955 for legal services rendered in instituting this proceeding. We reject the contention of petitioners that respondent failed to contend either that the award of attorneys’ fees was an abuse of discretion or that the amount of the award was unreasonable *(cf. Oakes v Patel,*87 AD3d 816, 819 [2011]). “ ‘In evaluating what constitutes a reasonable attorney’s fee, factors to be considered include the time and labor expended, the difficulty of the questions involved and the required skill to handle the problems presented, the attorney’s experience, ability, and reputation, the amount involved, the customary fee charged for such services, and the results obtained’ ” *(Matter of Talbot,*84 AD3d 967, 967-968 [2011]; see *Pele v Berg,*68 AD3d 1672, 1673 [2009]). Applying those factors here, we conclude that petitioners are entitled to the sum of $2,977.50 for legal services rendered in instituting this proceeding, together with the sum of $93.77 that was awarded for disbursements with respect to the petition, and we thus modify the decree accordingly. Present — Smith, J.P., Fahey, Peradotto and Lindley, JJ.
ARMED SERVICES BOARD OF CONTRACTAPPEALS Appeals of

-- ) ) Berger/Cummins JV ) ) Under Contract No. W912BU-I0-D-0016 ) APPEARANCES FORTHE APPELLANT:

APPEARANCES FOR THE GOVERNMENT: ASBCA Nos. 59427, 59428

David M. Nadler, Esq. David Y. Yang, Esq. Scott Arnold, Esq. Christian N. Curran, Esq.

Blank Rome LLP Washington, DC Michael P. Goodman, Esq.

Engineer ChiefTrial Attorney Amanda G. Phily, Esq. Maria Kolokithias, Esq.

Engineer Trial Attorneys U.S. Army Engineer District, Fort Worth ORDER OF DISMISSAL The dispute has been settled. The appeals are dismissed with prejudice. Dated: September 17, 2018 

# ~t;. MARK A. MELNICK Administrative Judge Armed Services Board ofContract Appeals I certify that the foregoing is a true copy ofthe Order ofDismissal ofthe Armed Services BoardofContract Appeals in ASBCA Nos. 59427, 59428, Appeals of Berger/Cummins JV, rendered in conformance with the Board's Charter. Dated:
JEFFREY D. GARDIN Recorder, Armed Services Board ofContractAppeals
Exhibit








AVALONBAY COMMUNITIES, INC.


Secretary’s Certificate


The undersigned, Edward M. Schulman, hereby certifies that he is the Secretary of AvalonBay Communities, Inc., a Maryland corporation (the “Company”), and does further certify as follows:


On March 18, 2020, acting by unanimous written consent, the Board of Directors of the Company adopted the following resolution amending the Company’s Second Amended and Restated 2009 Equity Incentive Plan, as previously amended on February 14, 2019:


		
	Resolved: 
	That Section 2(g) of the Company’s Second Amended and Restated 2009 Equity Incentive Plan be and hereby is amended to read as follows: 




Minimum Vesting Requirements.  Notwithstanding any other provision in the Plan to the contrary, the minimum restriction or vesting period with respect to any Award granted to an employee shall be no less than one year; provided that, notwithstanding the foregoing, such minimum vesting provision shall not apply in the following cases:
		
	i.
	in the case of a grantee’s death, disability, retirement or termination of employment without cause, or (in the case of Performance-Based Awards) a Sale Event, and


 
		
	ii.
	in the case of credits of Awards under Dividend Equivalent Rights associated with Restricted Stock Units, and




		
	iii.
	in addition to the above exceptions, with respect to Awards made after the Effective Date and granted to employees that result in the issuance of up to 5% of the shares of Stock reserved and available for issuance under the Plan as of the Effective Date pursuant to Section 3(a).








IN WITNESS WHEREOF, the undersigned has signed this certificate as of March 18, 2020.




AVALONBAY COMMUNITIES, INC.




  /s/ Edward M. Schulman                            
Name:    Edward M. Schulman
Title:    Secretary
#### METROPOLITAN L. I. CO. v. MARSHALL.

(Decided November 21, 1913.)

Appeal from Birmingham City Court.

Heard before Hon. H. A. Sharpe.

No counsel marked for either party.

Per curiam.

Appeal dismissed.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

MARK ANTHONY GRIFFITHS
, Appellant,

v.

STATE OF FLORIDA
, Appellee

.

No. 4D 18

- 0984

[ April 18, 2019 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Cheryl Caracuzzo , Judge; L.T. Case No. 16CF003639AMB

.

Carey Haughwout, Public Defender, and Timothy Wang, Assistant Public Defender, West Palm Beach, for appellant.

Ashley B. Moody, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

G ERBER
, C.J., D AMOORGIAN and C ONNER
, JJ., concur

.

* * *

Not final until disposition of timely filed motion for rehearing.
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Trisha  Gewecke
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 Research Program Support: Ames, IA
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ARS Home Midwest Area Ames, Iowa National Animal Disease Center Research Program Support People & Locations







Jared  Peterson
                        Research Program Support

                        




                        
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ACCEPTED 04-15-00414-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 9/10/2015 4:31:13 PM KEITH HOTTLE CLERK
Document

Exhibit 10.3


Carrier
13995 Pasteur Boulevard
Palm Beach Gardens, FL 33410


John V. Faraci
17570 N Block S Ranch Road
Moose, Wyoming 83012


April 21, 2020


Dear John,


I am pleased to confirm our offer of employment for you to join Carrier in the role of Executive Chairman within our Carrier Global Corporation World Headquarters organization.  You will report to the Board of Directors and be based in Palm Beach Gardens, Florida.


Your annual base salary will be $1,000,000.  The period of employment is effective April 3, 2020 and will continue until the date of Carriers 2021 annual shareowners meeting.  The terms of this letter are contingent upon the approval of the independent directors of Carriers Board of Directors at its meeting on April 21, 2020.  Your base salary will be subject to any temporary salary reductions then in effect for Company Executives based in the United States.


You will receive an award under the Carrier Long Term Incentive Plan valued at $1,500,000, comprised of 50% Restricted Stock Units (RSUs) and 50% Stock Appreciation Rights (SARs), which will vest after three years of employment.


Due to the unique nature of your position, you will not participate in any other Carrier benefit programs such as medical, dental, life insurance, savings plan, retirement savings/company contribution and disability benefit programs, or receive other Carrier executive benefits or perquisites, including benefits under the Executive Leased Vehicle Program, the Change in Control Severance Plan, or any other executive severance program or practice.


This offer is also contingent upon verification of your authorization to work in the United States of America and your satisfactory completion of an Intellectual Property Agreement.  As proof of U.S. person status and work authorization, you are required to provide a U.S. passport or other appropriate form(s) of identification as required for Export Control and I-9 form processing on your first day.


Notwithstanding anything to the contrary herein or in any prior representations made to you, your employment with the Company will be “at will,” meaning that either you or the Company will be entitled to terminate your employment at any time for any reason, with or without cause, and with or without notice.  Your period of employment with the Company may be extended upon the mutual agreement of you and Carrier.


We look forward to you joining Carrier and becoming part of the team.  Please acknowledge your acceptance of our offer by emailing the completed acceptance confirmation.


Sincerely,


/s/John Greisch
John Greisch
Carrier Board of Directors and Chair, Compensation Committee


To document your acceptance of this offer, please sign and date below, and email a scanned copy by April 21, 2020.










/s/John V. Faraci    4/21/20
John V. Faraci    Date
Exhibit
99.3*

37
CAPITAL INC.



PROPERTY,
PLANT AND EQUIPMENT AND

ACCUMULATED
AMORTIZATION (DEPRECIATION AND DEPLETION) THEREOF



Schedules
III and IV

|                            |  | Balance Beginning of Period |   | Additions |  | Disposals and Retirements |   | Other Charges |  | Balance, End of Period
|--------------------------- |  | --------------------------- | - | --------- |  | ------------------------- | - | ------------- |  | ----------------------
|2017                        |  |                             |   |           |  |                           |   |               |  |                       
|Property, plant & equipment |  |                             |   |           |  |                           |   |               |  |                       
|Machinery & equipment       |  |                             | 0 |           |  |                           | 0 |               |  |                       
|Accumulated amortization    |  |                             |   |           |  |                           |   |               |  |                       
|Machinery and equipment     |  |                             | 0 |           |  |                           | 0 |               |  |                       
|2016                        |  |                             |   |           |  |                           |   |               |  |                       
|Property, plant & equipment |  |                             |   |           |  |                           |   |               |  |                       
|Machinery & equipment       |  |                             | 0 |           |  |                           | 0 |               |  |                       
|Accumulated amortization    |  |                             |   |           |  |                           |   |               |  |                       
|Machinery and equipment     |  |                             | 0 |           |  |                           | 0 |               |  |                       
|2015                        |  |                             |   |           |  |                           |   |               |  |                       
|Property, plant & equipment |  |                             |   |           |  |                           |   |               |  |                       
|Machinery & equipment       |  |                             | 0 |           |  |                           | 0 |               |  |                       
|Accumulated amortization    |  |                             |   |           |  |                           |   |               |  |                       
|Machinery and equipment     |  |                             | 0 |           |  |                           | 0 |               |  |
<PAGE>

                                                                    EXHIBIT 99.1

                       CERTIFICATION UNDER SECTION 906 OF
                         THE SARBANES-OXLEY ACT OF 2002

I, Neil D. Wilkin, Jr., President and Chief Financial Officer of Optical Cable
Corporation (the "Company"), certify that:

1.   The Quarterly Report on Form 10-Q of the Company to which this
     certification is an exhibit for the quarter ended July 31, 2002 (the
     "Report") fully complies with the requirements of section 13(a) or 15(d) of
     the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and

2.   The information contained in the Report fairly presents, in all material
     respects, the financial condition and results of operations of the Company
     as of July 31, 2002 and for the period then ended.

Date: September 16, 2002            /s/ Neil D. Wilkin, Jr.
                                   ---------------------------------------------
                                   Neil D. Wilkin, Jr.
                                   President (Chief Executive Officer) and Chief
                                     Financial Officer

                                       37
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

SEAN P. MITCHELL, 

Plaintiff, 

v. 

JOHN MYRICK, et al., 

Defendants. 

BECKERMAN, Magistrate Judge. 

Case No. 2:15-cv-01189-SB 

FINDINGS AND 

RECOMMENDATION 

Plaintiff, formerly an inmate at Two Rivers Correctional Institution, brings this civil rights 

action pursuant to 42 U.S.C. § 1983. 

After the U.S. Postal Service returned as undeliverable court orders sent to Plaintiff in 

September 2015 in Jvfitchell v. Jvfyrick, Case No. 2:15-cv-01449-SB, this Court issued an order on 

December 10, 2015 (ECFNo. 15), requiring Plaintiff to submit a change of address, or to show cause 

why this action should not be dismissed for lack of prosecution. That comt order was also returned 

as undeliverable by the U.S. Postal Service. See Returned Mail (ECF No. 16). 

Pursuant to Local Rule (LR) 83-10, a party not represented by counsel has a continuing 

responsibility to notify the clerk's office of any mailing address changes. When mail from the court 

1 - FINDINGS AND RECOMMENDATION 

Case 2:15-cv-01189-SB Document 17 Filed 01/25/16 Page 1 of 2
is returned as undeliverable due to the lack of a current address, and the party's failure to notify the 

court of a change of address continues for 60 days, the court may dismiss the action. LR 83-12. 

Plaintiff has failed to keep the court apprised of his current address, and the failure has 

continued for more than 60 days. Accordingly, this Court recommends that the district judge dismiss 

this proceeding, without prejudice, for lack of prosecution. See LR 83-12. 

SCHEDULING ORDER 

The Findings and Recommendation will be referred to a district judge. Objections, if any, are 

due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, 

the Findings and Recommendation will go under advisement on that date. If objections are filed, then 

a response is due fourteen (14) days after being served with a copy of the objections. When the 

response is due or filed, whichever date is earlier, the Findings and Recommendation will go under 

advisement. 

(/,. 

DATED this JJ' day of January, 2016. 

2 - FINDINGS AND RECOMMENDATION 

STACIE F. BECKERMAN 

United States Magistrate Judge 

Case 2:15-cv-01189-SB Document 17 Filed 01/25/16 Page 2 of 2
Exhibit 32.2

CERTIFICATION OF THE CHIEF FINANCIAL OFFICER

Pursuant
to 18 U.S.C. § 1350

Solely for the purpose of complying with 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, I, the undersigned Senior Vice President and Chief Financial Officer of Nicholas Financial, Inc. (the Company), hereby certify that the Quarterly Report on Form 10-Q of the Company for the three and nine
months ended December 31, 2009 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.



|                                                 
|-------------------------------------------------
|/s/ Ralph T. Finkenbrink                         
|Ralph T. Finkenbrink                             
|Senior Vice President and Chief Financial Officer

Dated:
February 16, 2010