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

UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD 

_________________________________ 

UNITED STATES COAST GUARD, 

Complainant, 

vs. 

MARQUITTA MONIQUE BILLUPS, 

Respondent. 

_________________________________ 

Docket Number 2023-0360 

CG Enforcement Activity Number 7793540 

CONSENT ORDER 

Issued: October 17, 2023 

By: Honorable George J. Jordan, Administrative Law Judge 

Appearances: 

LT John Crow 

Sector Virginia 

For the Coast Guard 

Marquitta Monique Billups, Pro se

For the Respondent 
2 

CONSENT ORDER APPROVING SETTLEMENT AGREEMENT 

 On October 12, 2023, the parties in this case submitted a Motion for Approval of 

Settlement Agreement and Entry of Consent Order to be approved as a settlement of the case 

under 33 C.F.R. § 20.502. 

 I have carefully reviewed the terms of the Settlement Agreement and find it is fair and 

reasonable and in substantial compliance with the requirements of 33 C.F.R. § 20.502. 

ORDER 

 Upon consideration of the record, it is hereby ORDERED, the Settlement Agreement is 

APPROVED in full and incorporated herein by reference. This Consent Order shall constitute 

full, final, and complete adjudication of this proceeding. 

SO ORDERED. 

Done and dated October 17, 2023, 

Seattle, Washington 

_______________________________ 

George J. Jordan

Administrative Law Judge 

United States Coast Guard
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS OF EAGLE USA AIRFREIGHT, INC. FOR 
THE SIX MONTHS ENDED MARCH 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY 
REFERENCE TO SUCH FORM 10-Q REPORT
</LEGEND>
<CIK> 0001001718
<NAME> EAGLE USA AIRFREIGHT, INC.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLAR
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               MAR-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                          39,807
<SECURITIES>                                     8,178
<RECEIVABLES>                                   50,869
<ALLOWANCES>                                       364
<INVENTORY>                                          0
<CURRENT-ASSETS>                               101,896
<PP&E>                                          22,945
<DEPRECIATION>                                   5,975
<TOTAL-ASSETS>                                 124,422
<CURRENT-LIABILITIES>                           22,341
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            19
<OTHER-SE>                                     102,062
<TOTAL-LIABILITY-AND-EQUITY>                   124,422
<SALES>                                        188,189
<TOTAL-REVENUES>                               188,189
<CGS>                                          104,182
<TOTAL-COSTS>                                  104,182
<OTHER-EXPENSES>                                68,594
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 16,186
<INCOME-TAX>                                     6,307
<INCOME-CONTINUING>                              9,879
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,879
<EPS-PRIMARY>                                     0.54
<EPS-DILUTED>                                     0.52
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 7
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               DEC-31-1996
<DEBT-HELD-FOR-SALE>                           503,230
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                           0
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 503,230
<CASH>                                          48,819
<RECOVER-REINSURE>                                   0
<DEFERRED-ACQUISITION>                           6,084
<TOTAL-ASSETS>                                 620,841
<POLICY-LOSSES>                                 45,981
<UNEARNED-PREMIUMS>                             45,008
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                      0
<COMMON>                                        16,517      
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     349,082       
<TOTAL-LIABILITY-AND-EQUITY>                   620,841
<PREMIUMS>                                       5,237
<INVESTMENT-INCOME>                              8,148    
<INVESTMENT-GAINS>                                  31 
<OTHER-INCOME>                                       0
<BENEFITS>                                      10,837      
<UNDERWRITING-AMORTIZATION>                      7,115
<UNDERWRITING-OTHER>                             4,210    
<INCOME-PRETAX>                                 21,140
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             21,140     
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    21,140      
<EPS-PRIMARY>                                     1.16
<EPS-DILUTED>                                     1.15
<RESERVE-OPEN>                                  49,875      
<PROVISION-CURRENT>                              4,393
<PROVISION-PRIOR>                                6,444
<PAYMENTS-CURRENT>                                 431
<PAYMENTS-PRIOR>                                14,300
<RESERVE-CLOSE>                                 45,981     
<CUMULATIVE-DEFICIENCY>                              0
        


</TABLE>
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
     This schedule  contains summary  financial  information  extracted from the
Company's financial  statements as of and for the peiod ending December 31, 1996
and is qualified in its entirety by reference to such financial statements.
</LEGEND>


<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                         5022772
<SECURITIES>                                   0
<RECEIVABLES>                                  1984694
<ALLOWANCES>                                   100000
<INVENTORY>                                    3383060
<CURRENT-ASSETS>                               10360123
<PP&E>                                         528756
<DEPRECIATION>                                 408902
<TOTAL-ASSETS>                                 10712920
<CURRENT-LIABILITIES>                          2690626
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       32425
<OTHER-SE>                                     7989869
<TOTAL-LIABILITY-AND-EQUITY>                   10712920
<SALES>                                        13577104
<TOTAL-REVENUES>                               13577104
<CGS>                                          5900121
<TOTAL-COSTS>                                  5900121
<OTHER-EXPENSES>                               6904852
<LOSS-PROVISION>                               25000
<INTEREST-EXPENSE>                             107785
<INCOME-PRETAX>                                639345
<INCOME-TAX>                                   846200
<INCOME-CONTINUING>                            (206855)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (206855)
<EPS-PRIMARY>                                  (.09)
<EPS-DILUTED>                                  (.09)


</TABLE>
#### SNELL, Respondent, v. GRAY, Appellant (two cases).

(Supreme Court, Appellate Division, Fourth Department.

October 16, 1896.)

Action by Cornelius R. Snell against Rosamond H. Gray.

No opinion. Order affirmed, with $10 •costs and disbursements. All concur.
<PAGE>   1
                                                                     EXHIBIT 2.2


                              AMENDMENT AGREEMENT

     AGREEMENT made as of this 25th day of June, 1999 between The Recovery
Network, Inc. ("RNET") and Guarantee & Finance Corp. ("Guarantee").

     WHEREAS, RNET and Guarantee had entered into a Subscription Agreement and a
Funds Escrow Agreement dated as of June 10, 1999 relating to the sale by RNET
and purchase by Guarantee of RNET's $.01 par value common stock; and

     WHEREAS, RNET and Guarantee are desirous of extending the time for each
party to comply with their respective obligations under the Subscription
Agreement and Funds Escrow Agreement.

     It is therefore agreed:

     1.   Section 13(g) of the Subscription Agreement is deleted and replaced
with the following:

               "(g) Automatic Termination. This Agreement shall automatically
               terminate without any further action of either party hereto if
               the Closing shall not have occurred by the thirtieth (30th)
               business day following the date this Agreement is accepted by
               the Subscriber."

     2.   Section 3.1(b) of the Funds Escrow Agreement is deleted and replaced
with the following:

               "(b) In the event the Escrow Agent does not receive Company
               Documents and the corresponding Subscriber Documents prior to
               July 15, 1999, then the Escrow Agent will return the Company
               Documents to the Company, and return the Subscriber Documents to
               the Subscribers."

     3.   The Closing Date is deemed to have occurred on June 10, 1999. The
Escrow Agent is instructed to carry out the Company's instructions to the
Escrow Agent set forth in a letter dated June 10, 1999.

                                        THE RECOVERY NETWORK, INC.

                                        By: /s/ [Signature Illegible]
                                           ------------------------------------

                                        GUARANTEE & FINANCE, CORP.

                                        By:
                                           ------------------------------------
**Exhibit 31.1**

** **

**CERTIFICATIONS**

I,Jeffrey H. Buchalter, certify that:

 

1.I have reviewed this quarterly report on Form 10-Q of ILEX Oncology, Inc;

 

2.Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report; 

 

3.Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report; 

 

4.The registrant's other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

a)Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

b)Evaluated the effectiveness of the registrant's disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and

 

c)Disclosed in this report any change in the registrant's internal control overfinancial reporting that occurred during the registrant's most recent fiscalquarter that has materially affected, or is reasonably likely to materiallyaffect, the registrant's internal control over financial reporting; and

 

5.The registrant's other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant's auditors and the audit committee of the registrant's board ofdirectors (or persons performing the equivalent functions):

 

a)All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting, which are reasonably likely toadversely affect the registrant's ability to record, process, summarize andreport financial information; and

 

b)Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant's internal control over financialreporting.

 
| Date: August  14, 2003 |
|------------------------|
|                   | /s/ Jeffrey H. Buchalter |   |
|                   | Jeffrey  H. Buchalter |   |
|                   | President  and Chief Executive Officer |   |
|                   | (Principal  Executive Officer) |   |

 

----
xml version="1.0" encoding="UTF-8"?


C\_2021059EN.01001201.xml


| | | | |
| --- | --- | --- | --- |
| 19.2.2021 | EN | Official Journal of the European Union | C 59/12 |

---

Prior notification of a concentration

(Case M.10111 — CVC/Vivartia Holdings)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 59/08)

1.

On 12 February 2021, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 [(1)](#ntr1-C_2021059EN.01001201-E0001).

This notification concerns the following undertakings:

| | |
| --- | --- |
| — | CVC Capital Partners SICAV-FIS S.A. (‘CVC Capital Partners’, Luxembourg), |

| | |
| --- | --- |
| — | Vivartia Holdings S.A. (‘Vivartia Holdings’, Greece). |

CVC Capital Partners acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Vivartia Holdings.

The concentration is accomplished by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

| | |
| --- | --- |
| — | for CVC Capital Partners: CVC Capital Partners and its subsidiaries manage investment funds and platforms, |

| | |
| --- | --- |
| — | for Vivartia Holdings: production and sale of various dairy products, juices, mixed frozen, and ready-to-cook vegetable combinations. Vivartia Holdings is also the owner and franchisor of several branded restaurants and coffee shops, and also serves other restaurants, cafés, and pastry shops. |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 [(2)](#ntr2-C_2021059EN.01001201-E0002) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10111 — CVC/Vivartia Holdings

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| |
| --- |
| European Commission |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

---

[(1)](#ntc1-C_2021059EN.01001201-E0001)  [OJ L 24, 29.1.2004, p. 1](http://publications.europa.eu/resource/oj/JOL_2004_024_R_TOC) (the ‘Merger Regulation’).

[(2)](#ntc2-C_2021059EN.01001201-E0002)  [OJ C 366, 14.12.2013, p. 5](http://publications.europa.eu/resource/oj/JOC_2013_366_R_TOC).

---
#### In the Matter of Statewide Insurance Company, Appellant, v William Ray, Jr., et al., Respondents.

— In a proceeding pursuant to CPLR article 75 to stay arbitration, the petitioner Statewide Insurance Company appeals from an order of the Supreme Court, Nassau County (Robbins, J.), entered October 1, 1985, which denied the application.

Ordered that the order is reversed, with costs, and that branch of the petitioner Statewide Insurance Company’s petition which sought a stay of arbitration is granted.

For an insurer to disclaim its liability to its insured on the ground of lack of cooperation, the insurer must demonstrate (1) that it acted diligently in seeking to bring about the insured’s cooperation, (2) that the efforts employed by the insurer were reasonably calculated to obtain the insured’s cooperation, and (3) that the attitude of the insured, after his cooperation was sought, was one of willful and avowed obstruction *(see, Thrasher v United States Liab. Ins. Co.,*19 NY2d 159, 168-169). Even assuming that the hearsay testimony adduced at the trial by witnesses Mauro and Kunstler *574was admissible to demonstrate diligence, Allstate has failed to establish a right to disclaim.

The record reveals that there was insufficient proof of all three *Thrasher*prongs. Allstate Insurance Company failed to establish that it was sufficiently diligent *(see, Alexander v Stone,*45 AD2d 216; *Wallace v Universal Ins. Co.,*18 AD2d 121, *affd*13 NY2d 978), or that its efforts were reasonably calculated to obtain its insured’s cooperation *(see, Coleman v National Grange Mut. Ins. Co.,*28 AD2d 1073, 1074, *affd*23 NY2d 836; *National Grange Mut. Ins. Co. v Lococo,*20 AD2d 785, *affd*16 NY2d 585). Further, the nonaction of the insured, which is the only factual basis in this case, cannot in this instance be escalated into a finding of " 'willful and avowed obstruction’ ” *(Thrasher v United States Liah. Ins. Co., supra,*at p 168; *Matter of Empire Mut. Ins. Co. [Stroud*— Boston *Old Colony Ins. Co.],*36 NY2d 719, 721-722).

In view of our resolution of the disclaimer issue, there is no need to reach the other contentions of the petitioner. Mengano, J. P., Bracken, Kunzeman and Spatt, JJ., concur.
#### The People of the State of New York, Respondent, v Anthony Sanders, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (D’Amaro, J.), rendered August 4, 1983, convicting him of burglary in the first degree (two counts), attempted rape in the first degree, *862and robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to raise his objections to the adequacy of the plea allocution in the court of first instance, and, accordingly, has not preserved his claims for appellate review *(see, People v Hoke,*62 NY2d 1022; *People v Pellegrino,*60 NY2d 636). In any event, the record reveals that the defendant knowingly and intelligently pleaded guilty *(see, People v Harris,*61 NY2d 9). Finally, the sentence imposed was not harsh or excessive. Mollen, P. J., Bracken, Rubin, Kooper and Spatt, JJ., concur.
##### 



Exhibit 11.1

COMPUTATION OF NET LOSS PER SHARE
(in thousands, except per share amounts)

Three Months Ended
    
    Nine Months EndedSeptember 30
    
    September 302003
    
    2002
    
    2003
    
    2002COMPUTATION OF BASIC NET LOSS PER SHARE:Net loss
    
    $
    (10,624
    )
    
    $
    (10,405
    )
    
    $
    (44,337
    )
    
    $
    (35,013
    )Weighted-average shares of common stock outstanding
    
    
    36,617
    
    
    
    32,528
    
    
    
    33,862
    
    
    
    32,458Basic net loss per share
    
    $
    (.29
    )
    
    $
    (.32
    )
    
    $
    (1.31
    )
    
    $
    (1.08
    )COMPUTATION OF DILUTED NET LOSS PER SHARE:Net loss available to common stockholders
    
    $
    (10,624
    )
    
    $
    (10,405
    )
    
    $
    (44,337
    )
    
    $
    (35,013
    )Weighted-average number of shares of common stock and common
stock equivalents outstanding-Weighted-average shares of common stock outstanding
    
    
    36,617
    
    
    
    32,528
    
    
    
    33,862
    
    
    
    32,458Weighted-average number of common stock equivalents
applicable to stock options and employee stock purchase
plans
    
    
    866
    
    
    
    124
    
    
    
    573
    
    
    
    334Common stock and common stock equivalents
    
    
    37,483
    
    
    
    32,652
    
    
    
    34,435
    
    
    
    32,792Diluted net loss per common stock and common stock equivalents
(a)
    
    $
    (.28
    )
    
    $
    (.32
    )
    
    $
    (1.29
    )
    
    $
    (1.07
    )




| | (a) |  | This calculation is submitted in accordance with Item
601(b)(11) of Regulation S-K although it is not required by
SFAS No. 128 because it is antidilutive.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------
#### In the Matter of Frederick Taylor, Petitioner, v New York City Transit Authority, Respondent.

— Proceeding pursuant to CPLR article 78 to review a determination of the New York City Transit Authority, dated August 20, 1985, which, after a hearing, found the petitioner guilty of "misconduct and/or incompetence”, and dismissed him from his position as a train operator.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Substantial evidence exists in the record to support the Hearing Officer’s determination sustaining specifications (a) and (c) of the charge of "misconduct and/or incompetence” against the petitioner *(see, Matter of Collins v Codd,*38 NY2d 269, 270-271).

Further, it cannot be said that the penalty imposed upon the petitioner was so disproportionate to the offense as to be shocking to one’s sense of fairness, especially in view of his extensive prior disciplinary record *(see, Matter of Linzy v New York City Tr. Auth.,*125 AD2d 571). Lawrence, J. P., Eiber, Spatt and Sullivan, JJ., concur.