alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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<TABLE> <S> <C>

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</TABLE>
PAGE 1 – ORDER

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

COBBLER NEVADA, LLC,

Plaintiff,

v.

MATTHEW OSIER,

Defendant.

Case No. 3:15-0828-SB

ORDER

Michael H. Simon, District Judge.

United States Magistrate Judge Stacie F. Beckerman issued Findings and 

Recommendation in this case on October 3,, 2016. ECF 55. Judge Beckerman recommended that 

Plaintiffs’ motion for default judgment be granted and a default judgment be entered in the 

amount of statutory damages of $750. No party has filed objections.

Under the Federal Magistrates Act (“Act”), the court may “accept, reject, or modify, in 

whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. 

§ 636(b)(1). If a party files objections to a magistrate’s findings and recommendations, “the court 

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

or recommendations to which objection is made.” Id.; Fed. R. Civ. P. 72(b)(3).

If no party objects, the Act does not prescribe any standard of review. See Thomas v. Arn, 

474 U.S. 140, 152 (1985) (“There is no indication that Congress, in enacting [the Act], intended 

to require a district judge to review a magistrate’s report to which no objections are filed.”); 

Case 3:15-cv-00828-SB Document 58 Filed 10/24/16 Page 1 of 2
PAGE 2 – ORDER

United States. v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (holding that the 

court must review de novo magistrate’s findings and recommendations if objection is made, “but 

not otherwise”). 

Although review is not required in the absence of objections, the Act “does not preclude 

further review by the district judge[] sua sponte . . . under a de novo or any other standard.” 

Thomas, 474 U.S. at 154. Indeed, the Advisory Committee Notes to Fed. R. Civ. P. 72(b) 

recommend that “[w]hen no timely objection is filed,” the court review the magistrate’s findings 

and recommendations for “clear error on the face of the record.”

No party having made objections, this Court follows the recommendation of the Advisory 

Committee and reviews Judge Beckerman’s Findings and Recommendation for clear error on the 

face of the record. No such error is apparent. Accordingly, the Court ADOPTS Judge 

Beckerman’s Findings and Recommendation, ECF 55. Plaintiffs’ motion for default judgment 

(ECF 41) is GRANTED. A judgment will be entered against Defendant, permanently enjoining 

him from infringing Plaintiffs’ rights in the movie The Cobbler and awarding $750 in statutory 

damages.

IT IS SO ORDERED.

DATED this 24th day of October, 2016.

/s/ Michael H. Simon

Michael H. Simon

United States District Judge

Case 3:15-cv-00828-SB Document 58 Filed 10/24/16 Page 2 of 2
Exhibit 10.30



Exhibit 10.30




AMENDMENT TO 

EMPLOYMENT AGREEMENT

This Amendment, dated as of _______ __, 2020 (the "Amendment") is by and between General Cannabis Corp. (the "Company") and Michael Feinsod (the "Employee").

WHEREAS, the Company and the Employee entered into an Employment Agreement dated as of December 8, 2017 and amended August 6, 2019 with respect to Employee's services as Executive Chairman of the Board of Directors of the Company (the "Employment Agreement");

WHEREAS, the Company and the Employee desire to amend the Employment Agreement pursuant to the terms of Section 10(g) of the Employment Agreement; and

WHEREAS, capitalized terms not otherwise defined in this Amendment shall have the meanings set forth in the Employment Agreement.

NOW THEREFORE, in consideration of the premises and mutual covenants contained herein and for other good and valuable consideration, the receipt of which is mutually acknowledged, the Company and the Employee agree as follows:

1.

Amendment of Section 3(a).  The Employment Agreement shall be amended to reduce the base salary to $0, such that Section 3(a) of the Employment Agreement shall be amended and restated in its entirety to read as follows:

“Cash Compensation.  The Company shall pay the Executive a base salary of $0 per month, paid on the last day of each calendar month, subject to all applicable employment and income tax withholdings.”

2.

Terms of Agreement; Conflicting Terms.  Except as expressly modified hereby, all terms, conditions and provisions of the Employment Agreement shall continue in full force and effect.  In the event of any inconsistency or conflict between the Employment Agreement and this Amendment, the terms, conditions and provisions of this Amendment shall govern and control.

3.

Governing Law.  This Amendment is to be construed in accordance with and governed by the internal laws of the State of New York without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of New York to the rights and duties of the parties.

4.

Counterparts.  This Amendment may be executed in counterparts, each of which shall be enforceable against the party actually executing such counterpart, and which taken together shall constitute one and the same instrument.

5.

Entire Agreement.  This Amendment and the Employment Agreement constitute the entire and exclusive agreement between the parties with respect to this subject matter.  All previous discussions and agreements with respect to this subject matter are superseded by the Employment Agreement and this Amendment.

IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first set forth above.




			
	 
	COMPANY


	 
	 

	 
	General Cannabis Corp.


	 
	 
	 

	 
	By:

	 

	 
	Name:

	 

	 
	Title:

	 

	 
	 
	 

	 
	 

	 
	EMPLOYEE


	 
	 
	 

	 
	 
	 

	 
	Name:

	Michael Feinsod
#### Gary Murphy, Appellant, v New York City Housing Authority, Respondent.

[943 NYS2d 898]—

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Jacobson, J.), entered April 8, 2011, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff alleged that he was injured when he slipped on pebbles thrown from the roof of a building owned by the defendant. The plaintiff commenced this action to recover damages for personal injuries against the defendant. The Supreme Court granted the defendant’s motion for summary judgment dismissing the complaint.

The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that the alleged criminal act which caused the plaintiffs injury was not foreseeable as a matter of law (see *Nallan v Helmsley-Spear, Inc.,*50 NY2d 507, 519 [1980]; *Burgess v City of New York,*205 AD2d 656, 657 [1994]; *O’Britis v Peninsula Golf Course,*143 AD2d 123, 125 [1988]; *Steenbar v Buerman & Co.,*2 AD2d 780 [1956], *affd*2 NY2d 903 [1957]; *cf. Johnson v New York City Hous. Auth.,*114 AD2d 438 [1985]).

In opposition, the plaintiff failed to submit evidence sufficient to raise a triable issue of fact. In his opposition papers, the plaintiff contended for the first time that the defendant should have removed the pebbles from the roof of the building or installed video cameras to protect him from the criminal conduct of a third person. Since these theories were not articulated in the notice of claim, pleaded in the complaint, or set forth in the bill of particulars, the Supreme Court properly declined to consider them *(see Yaeger v UCC Constructors,*281 AD2d 990, 991 [2001]).

In light of our determination, we need not reach the appellant’s remaining contentions.

Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. Rivera, J.E, Chambers, Roman and Miller, JJ., concur.
Case 3:14-cv-02060-PK Document 14 Filed 08/28/15 Page 1 of 3 

Paul M. Ostroff, OSB No. 954734 

ostroffp@lanepowell.com 

LANE POWELL re 

601 SW Second Avenue, Suite 2100 

Portland, Oregon 97204-3158 

Telephone: 503.778.2122 

Facsimile: 503.778.2200 

Attorneys for Defendants USAMM, LLC, 

Brian Larrabee, Sally Melcher, and Jared Zabaldo 

CHARLOTTE BRAY, 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

Plaintiff, 

Case No. 3: 14-cv-2060-PK 

v. 

STIPULATED JUDGMENT OF 

DISMISSAL WITH PREJUDICE 

USAMM, LLC, an Oregon limited liability 

company, BRIAN LARRABEE, an individual, 

SALLY MELCHER, an individual, JARED 

ZABALDO, an individual, 

Defendants. 

Pursuant to Fed. R. Civ. P. 4l(a)(l)(A)(ii) 

Pursuant to Federal Rule of Civil Procedure 41{a)(l)(A)(ii), and because this matter has 

been settled, plaintiff Charlotte Bray and defendants USAMM, LLC, Brian Larrabee, 

PAGE 1 - STIPULATED JUDGMENT OF DISMISSAL WITH PREJUDICE 

127450.0006/6424327.1 

LANE PO\VELL PC 

601 SW SECOND AVENUE, SUITE 2100 

PORTLAND, OREGON 97204-3158 

503.778.2100 FAX: 503.778.2200 

Case 3:14-cv-02060-PK Document 15 Filed 08/31/15 Page 1 of 3
Case 3:14-cv-02060-PK Document 14 Filed 08/28/15 Page 2 of 3 

Sally Melcher, and Jared Zabaldo, through their undersigned counsel, stipulate to the dismissal 

of the above-entitled action with prejudice and without costs or fees to any party. 

IT IS SO STIPULATED: 

DATED: August 28, 2015 

LAW OFFICE OF JON WEINER 

By s/Anthonv J. Estrada 

Jon H. Weiner, OSB No. 993944 

Anthony J. Estrada, OSB No. 113764 

Telephone: 503:399.7001 

Facsimile: 503.399.0745 

Attorneys for Plaintiff Charlotte Bray 

DATED: August 28, 2015 

LANE POWELL PC 

By s/Paul M Ostroff 

Paul M. Ostroff, OSB No. 954734 

Telephone: 503.778.2122 

Facsimile: 503.778.2200 

Attorneys for Defendants USAMM, LLC, Brian 

Larrabee, Sally Melcher, and Jared Zabaldo 

PAGE 2 - STIPULATED JUDGMENT OF DISMISSAL WITH PREJUDICE 

127450.0006/6424327.1 

LANE PO\VELLPC 

601 SWSECONDAVENUE,SUITE2l00 

PORTLAND, OREGON 97204-3158 

503.778.2100 FAX: 503.778.2200 

Case 3:14-cv-02060-PK Document 15 Filed 08/31/15 Page 2 of 3
Case 3:14-cv-02060-PK Document 14 Filed 08/28/15 Page 3 of 3 

ORDER 

Based on the foregoing stipulation, it is hereby 

ORDERED AND ADJUDGED that the above-entitled action is hereby dismissed with 

prejudice and without costs or fees to any party. 

DATED: ffe5si' 31 , 2015 

PAGE 3 - STIPULATED JUDGMENT OF DISMISSAL WITH PREJUDICE 

127450.0006/6424327.I 

LANE POWELL PC 

601 SW SECOND AVENUE, StnTB2100 

PORTLAND, OREGON 97204-3158 

503.778.2100 FAX: 503.778.2200 

Case 3:14-cv-02060-PK Document 15 Filed 08/31/15 Page 3 of 3
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                  1
<CURRENCY>                  USD


   <S>                                                <C>
   <PERIOD-TYPE>                                             Year
   <FISCAL-YEAR-END>                                  Dec-31-1995
   <PERIOD-START>                                     Jan-01-1995
   <PERIOD-END>                                       Dec-31-1995
   <EXCHANGE-RATE>                                              1
   <CASH>                                                 150,671
   <SECURITIES>                                                 0
   <RECEIVABLES>                                       20,396,314
   <ALLOWANCES>                                         2,717,463
   <INVENTORY>                                         24,173,557
   <CURRENT-ASSETS>                                    46,455,910
   <PP&E>                                               3,138,907
   <DEPRECIATION>                                         598,013
   <TOTAL-ASSETS>                                      49,594,817
   <CURRENT-LIABILITIES>                               22,320,673
   <BONDS>                                                      0
   <PREFERRED-MANDATORY>                                        0
   <PREFERRED>                                                  0
   <COMMON>                                             7,289,577
   <OTHER-SE>                                          19,984,567
   <TOTAL-LIABILITY-AND-EQUITY>                        49,594,817
   <SALES>                                            107,409,953
   <TOTAL-REVENUES>                                    96,997,313
   <CGS>                                               73,401,620
   <TOTAL-COSTS>                                       13,698,700
   <OTHER-EXPENSES>                                       (33,313)
   <LOSS-PROVISION>                                             0
   <INTEREST-EXPENSE>                                     (81,893)
   <INCOME-PRETAX>                                      9,863,680
   <INCOME-TAX>                                         3,800,000
   <INCOME-CONTINUING>                                  6,063,680
   <DISCONTINUED>                                               0
   <EXTRAORDINARY>                                              0
   <CHANGES>                                                    0
   <NET-INCOME>                                         6,063,680
   <EPS-PRIMARY>                                             1.00
   <EPS-DILUTED>                                              .98



</TABLE>
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    	 	15
' 

BILLY J. WILLIAMS, OSB # 901366 

United States Attorney 

STEPHEN J. ODELL, OSB # 903550 

Assistant United States Attorney 

steve.odell@usdoj.gov 

1000 S.W. Third Avenue, Suite 600 

Portland, Oregon 97204 

Telephone: (503) 727-1024 

Fax: (503) 727-1117 

Attorney for Defendant U.S. Forest Service 

, 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

HOOD RIVER VALLEY RESIDENTS 

COMMITTEE, an Oregon non-profit 

corporation, MIKE MCCARTHY, individually, 

HOOD RIVER COUNTY by and through the 

BOARD OF COUNTY COMMISSIONERS OF 

HOOD RIVER COUNTY, an Oregon municipal 

corporation, CLACKAMAS COUNTY, by and 

through the BOARD OF COUNTY 

COMMISSIONERS OF CLACKAMAS 

COUNTY, an Oregon municipal corporation, 

and MT. HOOD MEADOWS OREGON, LLC, 

an Oregon limited liability corporation. 

Plaintiffs, 

v. 

JIM PENA, Regional Director of Region 6 of 

the United States Forest Service; LISA 

NORTHROP, Supervisor, Mt. Hood National 

Forest of the United States Forest Service; 

THOMAS L. TIDWELL, Chief of the United 

States Forest Service; and the UNITED 

STATES FOREST SERVICE, an 

Administrative Agency of the United States 

Department of Agriculture, 

Defendants. 

Case No.: 3:15-cv-01397-BR 

DEFENDANT U.S. FOREST 

SERVICE'S ADMINISTRATIVE 

RECORD ON TWO DVDs 

Case 3:15-cv-01397-BR Document 31-1 Filed 03/01/16 Page 1 of 2
__ .---::::: ~-

_,.,;::;~~ ~~ ~ ~,_ 

,,?' '""'· 

.// FOREST SERVICE'S ' 

/ ADMINISTRATIVE RECORD ~ 

/

/ FOR THE COOPER SPUR I Gov. CAMP LEX "\\ 

MT. HOOD NATIONAL FOREST \ I DISC 1 OF2 \, 

' \ / ~ ---·- \,' 

\

·.,.

1 

~.i \ (- - ·~ '<tis 

0212912016 

- ____ ,.,/ 

Hood River Valley Residents Committee, et al. v . . \ 

· ~\'··· .. ·.. , . U3 .S5

. For0

es3t Service, et al. 

'· :1 -cv- 1 97-BR (D.OR.) 

-----~-- --

FOREST SERVICE'S 

ADMINISTRATIVE RECORD 

FOR THE COOPER SPUR I Gov. CAMP LEX 

MT. HOOD NATIONAL FOREST 

USDA 

??z7"'5i 

II', ' . , A, . \ I I 

\---=~ 

02/29/2016 

DISC 2 OF 2 

Hood River Valley Residents Committee, et al. v. 

U.S. Forest Service, et al. 

3:15-cv-01397-BR (D.OR.) 

f 

\ ~-

·. ( 

\ .1 ,, 

i. 

; 

l:" 

l' ' f 

I 

I 

I 

I I 

Case 3:15-cv-01397-BR Document 31-1 Filed 03/01/16 Page 2 of 2
[ARTICLE] 9
<TABLE>
<S>                             <C>
[PERIOD-TYPE]                   9-MOS
[FISCAL-YEAR-END]                          MAR-31-1998
[PERIOD-START]                             APR-01-1997
[PERIOD-END]                               DEC-31-1997
[CASH]                                       2,311,210
[INT-BEARING-DEPOSITS]                       1,144,003
[FED-FUNDS-SOLD]                                     0
[TRADING-ASSETS]                                     0
[INVESTMENTS-HELD-FOR-SALE]                          0
[INVESTMENTS-CARRYING]                       4,442,633
[INVESTMENTS-MARKET]                         4,436,452
[LOANS]                                     25,291,566
[ALLOWANCE]                                     75,202
[TOTAL-ASSETS]                              34,229,463
[DEPOSITS]                                  27,027,831
[SHORT-TERM]                                         0
[LIABILITIES-OTHER]                            304,420
[LONG-TERM]                                          0
[PREFERRED-MANDATORY]                                0
[PREFERRED]                                          0
[COMMON]                                         7,604
[OTHER-SE]                                   9,889,608
[TOTAL-LIABILITIES-AND-EQUITY]              34,229,463
[INTEREST-LOAN]                              1,486,148
[INTEREST-INVEST]                              238,175
[INTEREST-OTHER]                               167,508
[INTEREST-TOTAL]                             1,891,831
[INTEREST-DEPOSIT]                             814,652
[INTEREST-EXPENSE]                             814,652
[INTEREST-INCOME-NET]                        1,077,179
[LOAN-LOSSES]                                    6,641
[SECURITIES-GAINS]                                   0
[EXPENSE-OTHER]                                769,375
[INCOME-PRETAX]                                333,297
[INCOME-PRE-EXTRAORDINARY]                     208,632
[EXTRAORDINARY]                                      0
[CHANGES]                                            0
[NET-INCOME]                                   208,632
[EPS-PRIMARY]                                      .30
[EPS-DILUTED]                                      .30
[YIELD-ACTUAL]                                       0
[LOANS-NON]                                     73,000
[LOANS-PAST]                                    73,000
[LOANS-TROUBLED]                                     0
[LOANS-PROBLEM]                                      0
[ALLOWANCE-OPEN]                                74,285
[CHARGE-OFFS]                                        0
[RECOVERIES]                                        74
[ALLOWANCE-CLOSE]                               75,202
[ALLOWANCE-DOMESTIC]                            75,202
[ALLOWANCE-FOREIGN]                                  0
[ALLOWANCE-UNALLOCATED]                         75,202
</TABLE>