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

# In the United States Court of Federal Claims Nos. 22
- 1873, 22
- 1874 (Filed: April 2 7 , 2023)

************************************* * WESLEY KEITH MULLINGS 1 , * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * * *************************************

ORDER OF DISMISSAL Plaintiff Wesley Keith Mullings, proceeding pro se , filed two complaints with this Court alleging trademark infringement stemming from the use of his name in proceedings before the Union Township Municipal Court , the Superior Court of New Jersey, Chancery Division, and the Newark Municipal Court

. See ECF No. 1

- 1 at 3

- 8 (Case No. 22

- 1873); ECF No. 1

- 2 at 6

- 8 (Case No. 22

- 1874 ). Plaintiff further alleges that Defendants

– two New Jersey Municipalities and a number of private individuals

– committed “slander, libel . . . and identity theft” and threatened his incarceration. See ECF No. 1 at 1 (Case No. 22

- 1873); ECF No. 1 at 2 (Case No.
22

- 1874). Plaintiff seeks damages of “$500,000.00 [for each incident] of trademar k infringement,” “$200,000.00 [for each incident] of slander and libel,” and other damages associated with alleged “failure to protect” him and “fraudulent and false statements.” ECF No.

1 Both of Plaintiff ’s complaints identify Plaintiff as “Wesley

- Keith: Mullings, holder in due course of ® WESLEY KEITH MULLINGS©”

.2 1 at 6

- 7 (Case No. 22

- 1873); ECF No. 1 at 7

- 8 (Case No. 22

- 1874). P laintiff further seeks injunctive and declaratory relief to prevent Defendants from using his name. ECF No. 1 at 7 (Case No. 22

- 1873); ECF No. 1 at 7

- 8 (Case No. 22

- 1874). The filings of pro se litigants are held to “less stringent standards than formal pleadings drafted by lawyers.” Naskar v. United States , 82 Fed. Cl. 319, 320 (2008) (quoting Haines v.
Kerner , 404 U.S. 519, 520 (1972)). However, pro se plaintiffs still bear the burden of establishing the Court’s jurisdiction and must do so by a prepon derance of the evidence. Reynolds v. Army & Air Force Exch. Serv. , 846 F.2d 746, 748 (Fed. Cir. 1988); Tindle v. United
States , 56 Fed. Cl. 337, 341 (2003). The Court must dismiss the action if it finds subject

- matter jurisdiction to be lacking. Adair v . United States , 497 F.3d 1244, 1251 (Fed. Cir. 2007). Plaintiff’s complaints must be dismissed for lack of jurisdiction because his allegations are not directed at the Federal Government, nor did he name the Federal Government as Defendant. See ECF No. 1 at 1 (Case No. 22

- 1873); ECF No. 1 at 1 (Case No. 22

- 1874). See 28 U.S.C. § 1491(a) (“The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim against the United States ...” (emphasis added)); “[T] he only proper defendant for any matter before [the Court of Federal Claims] is th e United States, not its officers, nor any other individual.” Stephenson v. United States , 58 Fed. Cl. 186, 190 (2003); see also United States v. Sherwood , 312 U.S. 584, 588 (1941).
T his case is DISMISSED for lack of jurisdiction. The Clerk of the Court i s instructed to enter judgment accordingly.

s/ Mary Ellen Coster Williams MARY ELLEN COSTER WILLIAMS Senior Judge
Exhibit 10.6

​
April 1, 2020
​
Bernie G. Wolford Jr.
address
city, state zip
Re: Consent to Salary Reduction and Waiver of Good Reason Provision
Dear Bernie:
You are currently a party to an Employment Agreement with Pacific Drilling Manpower, Inc., a Delaware company and an indirect wholly-owned subsidiary of Pacific Drilling S.A., (together, the “Company”), dated as of November 19, 2018, as amended or restated from time to time (your “Employment Agreement”). Capitalized terms used but not defined herein shall have the meaning set forth in the Employment Agreement.
As you are aware, the Company has determined to effect a Company-wide reduction in base salaries effective April 1, 2020, which will reduce your base salary by 10% (the “Reduction”).  Pursuant to Section 5(c)(i) of your Employment Agreement, “a material diminution in [your] Base Salary or target Annual Bonus” qualifies as a Good Reason to terminate your employment.
By signing this letter agreement, you acknowledge and agree that (i) you are aware of the Reduction and have reviewed your Employment Agreement, (ii) you consent to the Reduction and agree that it does not constitute Good Reason under your Employment Agreement, and (iii) you waive any right that you may have to assert that you may resign your employment for Good Reason with respect to this reduction in your base salary or to assert that you were entitled to any severance compensation or benefits as a result of Good Reason in connection with the Reduction.
In addition, the Company agrees that if you are terminated without Cause or you terminate your employment for Good Reason (which, for the avoidance of doubt, may not be triggered by the Reduction) following the date of this letter agreement and during the term of your Employment Agreement, for purposes of calculating any Severance Payment or CIC Severance Payment, as applicable, that may be due you under Section 6(b) of the Employment Agreement, the Base Salary used for purposes of the calculation, including for purposes of calculating the target value of your Annual Bonus, will be no less than your Base Salary in effect on March 31, 2020.
You understand that, except as expressly modified by this letter agreement, your Employment Agreement shall remain in full force and effect and that this letter agreement embodies the entire agreement and understanding of the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating
​



​
thereto. This letter agreement shall be governed and construed by the laws of the State of Texas without regard to the conflict of laws principles thereof.  This letter agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
If you have any questions, please do not hesitate to contact me.
​
	​
	​
	Sincerely,

	​
	​
	/s/ Amy Roddy

	​
	​
	Amy Roddy
SVP Corporate Services

	Acknowledged and Agreed to as of the Date First Written Above:
	​
	​

	Bernie G. Wolford Jr.
	​
	​

	Bernie G. Wolford Jr.
	​
	​



​

2
EX-10.2









EXHIBIT 10.2




December 8, 2008




Advanced Viral Research Corp.

6 Executive Plaza, Suite 283

Yonkers, New York 10701




     Re: Employment


To Whom It May Concern:



     This is to set forth our agreement regarding the payment of my salary by Advanced Viral
Research Corp. (the “Company”) for the period commencing December 1, 2008. This letter agreement
amends that certain letter agreement between the undersigned and the Company dated November 10,
2008.



     For the pay periods commencing on December 1, 2008 and thereafter for so long as I am
employed by the Company, the obligation of the Company to pay any or all of my base salary as well
as any other cash amounts shall be deferred until the Company (i) acquires net proceeds of at
least $3.0 million from the sale of the Company’s assets or securities; or (ii) consummates a
merger transaction with the surviving entity having at least $3.0 million in cash availability (the
“Triggering Event”). Upon the occurrence of the Triggering Event, all amounts deferred hereunder
shall be paid to me in one lump sum. For purposes of clarification, amounts that are referred to
as deferred amounts herein shall be amounts that are accrued as obligations of the Company but
which shall not be paid until and unless there is a Triggering Event.



     Except as otherwise specifically provided in this letter agreement, the terms of our
arrangement shall remain in full force and effect. This letter agreement may be executed in any
number of counterparts, all of which taken together shall constitute one letter agreement.



 
 Sincerely,





/s/ Martin Bookman
 
 


Agreed and Acknowledged as of December 8, 2008


ADVANCED VIRAL RESEARCH CORP.
 


By: /s/ Stephen Elliston, Chief Executive Officer and President
II

Calendar No. 555

105TH CONGRESS

2D SESSION S. 2096

[Report No. 105–316]

To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise

trade for the vessel FOILCAT.

IN THE SENATE OF THE UNITED STATES

MAY 20, 1998

Mr. INOUYE (for himself and Mr. AKAKA) introduced the following bill; which

was read twice and referred to the Committee on Commerce, Science, and

Transportation

SEPTEMBER 9, 1998

Reported by Mr. MCCAIN, with an amendment

[Omit the part struck through and insert the part printed in italic]

A BILL

To authorize the Secretary of Transportation to issue a

certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel

FOILCAT.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 2096 RS

1 SECTION. 1. LIMITED DURATION WAIVER OF COASTWISE

2 TRADE LAWS.

3 (a) IN GENERAL.—Notwithstanding sections 12106

4 and 12108 of title 46, United States Code, section 8 of

5 the Passenger Vessel Act (46 U.S.C. App. 289), and sec6 tion 27 of the Merchant Marine Act, 1920 (46 U.S.C.

7 App. 883), the Secretary of Transportation may issue a

8 certificate of documentation with appropriate endorsement

9 for employment in the coastwise trade for the vessel

10 FOILCAT, (United States Official Number 1063892).

11 (b) TERMINATION.—The certificate issued under sub12 section (a) shall be in effect for the vessel FOILCAT for

13 the period—

14 (1) beginning on the date on which the vessel

15 is placed in service to initiate a high-speed marine

16 ferry demonstration project; and

17 (2) ending on the last day of the 36th month

18 beginning after the date on which it became effective

19 under paragraph (1).

20 (b) TERMINATION.—The endorsement issued under

21 subsection (a) shall terminate on the last day of the 36th

22 month beginning after the date on which it was issued.

Calendar No. 555

105TH CONGRESS

2D SESSION S. 2096

[Report No. 105–316]

A BILL

To authorize the Secretary of Transportation to

wise trade for the vessel FOILCAT.priate endorsement for employment in the coastissue a certificate of documentation with approSEPTEMBER 9, 1998

Reported with an amendment
## State of N ew York Su p reme Cou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: August 7, 2014 517138

________________________________ In the Matter of the Claim of ANDREW FRASER, Appellant, v NYC SCHOOLS CONSTRUCTION ROCIP MEMORANDUM AND ORDER et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

________________________________ Calendar Date: June 2, 2014 Before: Stein, J.P., McCarthy, Garry, Lynch and Devine, JJ.

__________Law Offices of Joseph Romano, Yonkers (Anthony BrooksMorgese of counsel), for appellant. Eric T. Schneiderman, Attorney General, New York City (Iris A. Steel of counsel), for Workers' Compensation Board, respondent.

__________ Lynch, J. Appeal from a decision of the Workers' Compensation Board, filed October 29, 2012, which, among other things, denied claimant's request for a change of venue. Claimant, who resides in Suffolk County, filed a claim for workers' compensation benefits alleging that he was injured in the course of his employment as an ironworker in New York City. Claimant signed a form, provided by his attorneys, that gave him-2- 517138

three choices of hearing venue preference in Westchester County or Rockland County; claimant circled "White Plains." The Workers' Compensation Board denied the change of venue "request" and assessed a penalty against claimant's counsel pursuant to Workers' Compensation Law § 114-a (3) (ii) for seeking review without reasonable grounds. Claimant appeals, challenging both the denial of venue transfer and the penalty. Generally, the chair of the Board is authorized to set the time and location for Board hearings (see Workers' Compensation Law § 141; 12 NYCRR 300.7; Matter of Toledo v Administration for Children's Servs., 112 AD3d 1209, 1210 [2013]). Inasmuch as claimant failed to demonstrate any connection to White Plains and argued only that such requests should be granted to "accommodate . . . the idiosyncrasies of each claimant," the Board properly determined that claimant failed to articulate any justification for a change in venue (see Matter of Toledo v Administration for Children Servs., 112 AD3d at 1210; Matter of Wolfe v New York City Dept. of Corr., 112 AD3d 1197, 1198 [2013]). Moreover, given the absence of a legitimate basis for seeking the venue change and the fact that the Board had previously rejected several other similar venue change requests by counsel (see e.g. Matter of Stewart v NYC Tr. Auth., 115 AD3d 1046, 1046-1047 [2014]), substantial evidence supports the Board's determination that a penalty was warranted because there was no reasonable basis to support the appeal to the Board (see Matter of Toledo v Administration for Children Servs., 112 AD3d at 1210; Matter of Banton v New York City Dept. of Corr., 112 AD3d 1195, 1196-1197 [2013]). Accordingly, we will not disturb the Board's decision. Stein, J.P., McCarthy, Garry and Devine, JJ., concur.-3- 517138

ORDERED that the decision is affirmed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court
ex_185337.htm


Exhibit 4.1


 


DESCRIPTION OF SECURITIES


 


Authorized Capital Stock


 


Our authorized capital stock consists of 19,000,000 shares of Common Stock, par value $0.001 per share, and 1,000,000 shares of Preferred Stock, par value $0.001 per share.


 


Common Stock


 


Each share of common stock entitles a stockholder to one vote on all matters upon which stockholders are permitted to vote. No stockholder has any preemptive right or other similar right to purchase or subscribe for any additional securities issued by us, and no stockholder has any right to convert the common stock into other securities. No shares of common stock are subject to redemption or any sinking fund provisions. All the outstanding shares of our common stock are fully paid and non-assessable. Subject to the rights of the holders of the preferred stock, if any, our stockholders of common stock are entitled to dividends when, as and if declared by our board from funds legally available therefore and, upon liquidation, to a pro-rata share in any distribution to stockholders. We do not anticipate declaring or paying any cash dividends on our common stock in the foreseeable future.


 


Preferred Stock


 


Pursuant to our Certificate of Incorporation, as amended, our board has the authority, without further stockholder approval, to provide for the issuance of up to 1,000,000 shares of Preferred Stock, par value $0.001 per share, in one or more series and to fix the number of shares included in each such series and the variations in the relative rights, preferences and limitations as between series.


 


Of the 1,000,000 shares of authorized Preferred Stock, 100 shares are designated Series A Preferred Stock, with a par value of $100.00 per share. As designated, the Holder(s) of the Series A shares, as a class, have rights in all matters requiring stockholder approval to a number of votes equal to two (2) times the sum of: (1) the total number of shares of Common Stock which are issued and outstanding at the time of any election or vote by the stockholders; plus (2) the number of shares of Preferred Stock issued and outstanding of any other class that has voting rights, if any. The shares of Series A Preferred Stock are not entitled to any conversion, redemption or dividend rights. In the event of liquidation, dissolution or winding up of the company, the holder(s) of the Series A Preferred Stock will be entitled to receive out of the assets of the company, prior and in preference to any distribution of the assets or surplus funds of the company to the holders of any other class of preferred stock or the Common Stock, the amount of One Hundred Dollars ($100.00) per share, and will not be entitled to receive any portion of the remaining assets of the company except by reason of ownership of shares of any other class of the company’s stock.
[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Page 48462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18625]


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

DEPARTMENT OF STATE

[Public Notice 11514]


Notice of Determinations; Additional Culturally Significant 
Objects Being Imported for Exhibition--Determinations: ``Surrealism 
Beyond Borders'' Exhibition

SUMMARY: On June 15, 2021, notice was published on page 31779 of the 
Federal Register (volume 86, number 113) of determinations pertaining 
to certain objects to be included in an exhibition entitled 
``Surrealism Beyond Borders.'' Notice is hereby given of the following 
determinations: I hereby determine that two additional objects being 
imported from abroad pursuant to agreements with their foreign owners 
or custodians for temporary display in the aforesaid exhibition at The 
Metropolitan Museum of Art, New York, New York, and at possible 
additional exhibitions or venues yet to be determined, are of cultural 
significance, and, further, that their temporary exhibition or display 
within the United States as aforementioned is in the national interest. 
I have ordered that Public Notice of these determinations be published 
in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Chi D. Tran, Program Administrator, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6471; email: <a href="/cdn-cgi/l/email-protection#4b382e283f222425797f7e720b383f2a3f2e652c243d"><span class="__cf_email__" data-cfemail="ddaeb8bea9b4b2b3efe9e8e49daea9bca9b8f3bab2ab">[email protected]</span></a>). The mailing address is U.S. 
Department of State, L/PD, 2200 C Street NW, (SA-5), Suite 5H03, 
Washington, DC 20522-0505.

SUPPLEMENTARY INFORMATION: The foregoing determinations were made 
pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236-3 of August 28, 2000.

Matthew R. Lussenhop,
Acting Assistant Secretary, Bureau of Educational and Cultural Affairs, 
Department of State.
[FR Doc. 2021-18625 Filed 8-27-21; 8:45 am]
BILLING CODE 4710-05-P


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Exhibit 32.1

 

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 on Form 10-KSB/A ("Annual Report") ofItronics Inc. (the "Registrant") for the fiscal year ended December 31, 2007 asfiled with the Securities and Exchange Commission on the date hereof, each of theundersigned, in their capacities and on the dates indicated below, hereby certifies,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

(1) The Annual Report fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

(2) The information contained in the Annual Report fairly presents, in all materialrespects, the financial condition and result of operations of the Registrant.

 

 

Date: April 16, 2008                     /S/JOHN W. WHITNEY
                                            JohnW. Whitney

                                            President

                                            (PrincipalExecutive and Financial Officer)

90