alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Richard F. McGinty, OSB 86071 

P.O. Box 12806 

Salem, OR 97309 

503-371-9636 

Fax: 503-371-2879 

richard@mcginty-belcher. com 

Attorney for Plaintiff 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

KAREN DREW, Case No.: 6:14-cv-01464-HZ 

Plaintiff, ORDER 

.V. 

COMMISSIONER OF SOCIAL SECURITY, 

Defendant. 

Based on the stipulation of the Parties through their respective counsel it is 

hereby allowed that the Plaintiff is awarded an EAJA attorney fee in the amount of 

$6,488.42 pursuant to 28 U.S.C. § 2412, and $0 costs and expenses pursuant to 28 

U.S.C. § 1920, for at total of $6,488.42, subject to debt owed the US Government 

described pursuant to the Treasury Offset Program as discussed in Astrue v. Ratliff, 

130 S. Ct. 2521 (2010). 

If Plaintiff has no such Treasury debt then the EAJA check shall be made out to 

Plaintiff's attorney and mailed to Plaintiff's attorney's at: PO Box 12806, Salem, OR 

97309-0806. If Plaintiff has a Treasury debt, then the check for any remaining funds 

Page -1- ORDER 6: 14-cv-O 1464-HZ 

Case 6:14-cv-01464-HZ Document 27 Filed 01/22/16 Page 1 of 2
after offset of the Treasury debt shall be made out to Plaintiff and mailed to Plaintiff's 

attorney's office at the address stated above. 

IT IS SO ORDERED. 

DATED this dJ. day of January 2016. 

Presented by: 

Richard F. McGinty OSB #86071 

503-371-9636 

Of Attorneys for Plaintiff 

Page -2- ORDER 

MARCO A. H�RNANDEZ \ 

United States District Court Judge 

6: 14-cv-01464-HZ 

Case 6:14-cv-01464-HZ Document 27 Filed 01/22/16 Page 2 of 2
**Exhibit 10.92**

 

**Fourth Amendment to Promissory Note**

** **

**THIS FOURTH AMENDMENT TO PROMISSORY NOTE** dated this 15th  day of December, 2005, is by and among DWLeasing Company, LLC, a Mississippi limited liability company (“Borrower”) and FairHoldings, Inc. (“Fair”), an Ohio corporation.  The parties agree as follows:

** **

**Recitals**

** **

**WHEREAS**, Borrower and Fair entered into that certainPromissory Note dated January 17, 2002, in the principal amount of $500,000.00, which was previously amended bycertain amendments dated August 31, 2003, November 29, 2004, and June 15,2005 (the original Promissory Note and all amendments thereto being referred toherein as the “Note’); and

** **

**WHEREAS,** Fair has agreed to amend the Note in order toincrease to $1,700,000.00 the amount which Borrower may borrow;

** **

**WHEREAS**, Fair is willing to amend the Note subject to theterms herein and subject to the amendment of the Note as herein provided;

** **

**NOW THEREFORE**, in consideration of the premises, and the mutualpromises herein contained, the parties agree that the Note shall be, and herebyis, amended as provided herein and the parties further agree as follows:

** **

** The principal amount of the Noteis hereby increased so that the total amount that can be borrowed under theNote is $1,700,000.**

** **

**All other terms and conditions contained in the Note, the SecurityAgreement and Mortgage or other related documents shall remain the same andshall continue in full force and effect that are not specifically amendedherein and shall continue during the term of the Note without change, except toreflect the increase in the amount of the Note and to provide securitytherefore for the entire amount that may become due under the Note.**

** **

**IN WITNESS WHEREOF**, Borrower, and Fair have caused this Fourth Amendmentto Promissory Note to be executed as of the day first written above.

 

 
| **Fair Holdings, Inc.**         | ** ** | **DW Leasing Company, LLC**       |
|--------------------------------------|------------|-----------------------------------|
| ** **                           | ** ** | ** **                        |
| ** **                           | ** ** | ** **                        |
| **/s/ Timothy  S. Durham **     | ** ** | ** **                        | **/s/ Timothy  S. Durham** | ** ** |
| **By:  Timothy S. Durham, CEO** | ** ** | **By: Timothy S. Durham, Member** |
|                                      |            |                                   |  |  |

 

1

----
DISMISS and Opinion Filed September 30, 2024 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-23-01253-CV 

VICTOR RODRIGUEZ, Appellant 

V. 

RITA MARTINEZ, Appellee 

On Appeal from the County Court at Law No. 3 

Dallas County, Texas 

Trial Court Cause No. CC-23-05227-C 

MEMORANDUM OPINION 

Before Justices Reichek, Nowell, and Carlyle 

Opinion by Justice Reichek 

Noting appellant has failed to file his brief despite being cautioned the failure 

to do so by August 15, 2024 could result in dismissal of the appeal, appellee has 

filed a motion to dismiss the appeal for want of prosecution. See TEX. R. APP. P.

38.8(a)(1). More than ten days have passed since the filing of the motion, and 

appellant has not responded to the motion or otherwise communicated with the 

Court. Accordingly, we grant the motion and dismiss the appeal. See id. 

231253f.p05 

/Amanda L. Reichek/

AMANDA L. REICHEK 

JUSTICE 
 –2– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

VICTOR RODRIGUEZ, Appellant 

No. 05-23-01253-CV V. 

RITA MARTINEZ, Appellee 

 On Appeal from the County Court at 

Law No. 3, Dallas County, Texas 

Trial Court Cause No. CC-23-05227-

C. 

Opinion delivered by Justice 

Reichek, Justices Nowell and Carlyle 

participating. 

 In accordance with this Court’s opinion of this date, we DISMISS the appeal. 

Judgment entered September 30, 2024
Order entered May 7, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-01365-CV

UNITED MEDICAL SUPPLY COMPANY, INC., Appellant

V.

ANSELL HEALTHCARE PRODUCTS, INC., Appellee

On Appeal from the 68th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-02-0433-C

ORDER

Before the Court is appellant’s May 3, 2013 unopposed second motion for extension of 

time to file appellant’s brief. Appellant’s motion is GRANTED. Appellant’s brief shall be filed 

on or before May 13, 2013.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
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FIRST AMENDMENT
                                       TO
                            AGREEMENT OF PARTNERSHIP
                     PW/GEODYNE PRODUCTION PARTNERSHIP II-A

       The Agreement of Partnership of PW/Geodyne  Production  Partnership  II-A
dated July 22, 1987 (the "Agreement") is hereby amended as follows:

       A.  The first  sentence of Section 2.1 is hereby  deleted and  replaced
by the following provision:

       "The  Production  Partnership  shall be conducted  under the name Geodyne
Production Partnership II-A."

       B.  All   references  in  the  Agreement  to   "PW/Geodyne   Production
Partnership II-A" are hereby changed to "Geodyne Production Partnership II-A."

       C.  The third  sentence of Section 2.1 is hereby  deleted and  replaced
by the following provision:

       "The office and principal place of business of the Production Partnership
shall be c/o  Geodyne  Production  Company,  Two West  Second,  Tulsa,  Oklahoma
74103."

       D.  The  name of the  "General  Partner"  and the  "Limited  Partnership"
reflected  in Article  One has been  changed  from  "PaineWebber/Geodyne  Energy
Income Limited  Partnership II-A" to "Geodyne Energy Income Limited  Partnership
II-A". All references in the Agreement to the name of the "General  Partner" and
the "Limited  Partnership" are hereby changed to reflect this name change.  This
change reflects a name change only and not a change of entity.

       In all other respects the Agreement is hereby ratified and affirmed.

 DATED:    February 26, 1993
                                         Managing Partner:

                                         Geodyne Production Company

                                         /s/ Michael E. Luttrell
                                         -----------------------------
                                         Michael E. Luttrell
                                         Executive Vice President




                                      -1-
<PAGE>




                                         General Partner:

                                         Geodyne Energy Income Limited
                                         Partnership II-A

                                         By: Geodyne Properties, Inc.,
                                             General Partner


                                         By: /s/ Michael E. Luttrell
                                             -------------------------
                                             Michael E. Luttrell,
                                             Executive Vice President


                                      -2-
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Lake Powell Elevations

Based on February 2002 Final Forecast

3610362036303640365036603670368036903700

Jan-01

Feb-01

Mar-01

Apr-01

May-01

Jun-01

Jul-01

Aug-01

Sep-01

Oct-01

Nov-01

Dec-01

Jan-02

Feb-02

Mar-02

Apr-02

M02

Feet

Minimum Prob

Maximum Prob

Most Prob/Historical

Lake Powell Water Surface Ele

Based on February 2002 Final F
LOSS PER COMMON SHARE COMPUTATION
                     VANGUARD AIRLINES, INC.



                                Three Months ended March 31,
                                  1997                   1996

Net Loss                     $  (7,930,350)       $  (5,896,146)

Weighted average number 
of common and common 
equivalent shares 
outstanding /1/                  9,983,375            8,550,220 

Net loss per share                   $(.79)               $(.69) 







/1/  In 1997 and 1996, outstanding stock options and warrants
were not considered in the net loss per share calculation, as
their effects are antidilutive.
PAGE 1 – ORDER

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

GLACIER FILMS (USA), INC. and 

GLACIER FILMS 1 LLC,

Plaintiffs,

v.

HUMBERTO ALVARADO TENORIO,

Defendant.

Case No. 3:15-cv-1729-SB

ORDER

Michael H. Simon, District Judge.

United States Magistrate Judge Stacie F. Beckerman issued Findings and 

Recommendation in this case on November 22, 2016. Judge Beckerman recommended that the 

Court grant Plaintiff’s Cost Bill in the amount of $658.25. Judge Beckerman also recommended 

that the Court deny Plaintiff’s motion for attorney’s fees or, in the alternative, grant a reduced 

amount of attorney’s fees in the amount of $218.75. 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], 

Case 3:15-cv-01729-SB Document 53 Filed 12/19/16 Page 1 of 2
PAGE 2 – ORDER

intended to require a district judge to review a magistrate’s report to which no objections are 

filed.”); 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.”

Because Plaintiff did not object to Judge Beckerman’s Findings and Recommendation, 

including not objecting to her recommendation that attorney’s fees be denied, 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. The Court, 

therefore, adopts Judge Beckerman’s recommendation to deny attorney’s fees and disregards her 

alternative recommendation to reduce attorney’s fees as moot.

CONCLUSION

The Court ADOPTS Judge Beckerman’s Findings and Recommendation, ECF 49. The 

Court GRANTS Plaintiff’s Cost Bill (ECF 45), awarding costs in the amount of $658.25. The 

Court DENIES Plaintiff’s motion for attorney’s fees (ECF 46).

IT IS SO ORDERED.

DATED this 19th day of December, 2016.

/s/ Michael H. Simon

Michael H. Simon

United States District Judge

Case 3:15-cv-01729-SB Document 53 Filed 12/19/16 Page 2 of 2
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