alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Case 1:07-cv-04520-AKH     Document 6      Filed 09/06/2007     Page 1 of 2

Case 1:07-cv-04520-AKH     Document 6      Filed 09/06/2007     Page 2 of 2
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-4698

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MESSIAH MAY, a/k/a Siah,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. Richard E. Myers, II, Chief District Judge. (5:20-cr-00543-M-1)

Submitted: May 15, 2024 Decided: July 3, 2024

Before KING, WYNN, and RUSHING, Circuit Judges.

Affirmed and remanded by unpublished per curiam opinion.

ON BRIEF: W. James Payne, W. JAMES PAYNE LAW FIRM, Shallotte, North 

Carolina, for Appellant. Michael F. Easley, Jr., United States Attorney, David A. Bragdon, 

Assistant United States Attorney, Aria Q. Merle, Assistant United States Attorney, 

OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-4698 Doc: 27 Filed: 07/03/2024 Pg: 1 of 2
2

PER CURIAM:

Messiah May appeals the district court’s order granting in part and denying in part 

his motion to dismiss the indictment in the underlying criminal case on double jeopardy 

grounds.*

 We have reviewed the record and find no reversible error. Accordingly, we 

affirm the district court’s order. United States v. May, No. 5:20-cr-00543-M-1 (E.D.N.C. 

Nov. 3, 2023). We remand to the district court for further proceedings. We dispense with 

oral argument because the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the decisional process.

AFFIRMED AND REMANDED

* We have jurisdiction over this appeal under the collateral order doctrine. See 

Abney v. United States, 431 U.S. 651, 659 (1977).

USCA4 Appeal: 23-4698 Doc: 27 Filed: 07/03/2024 Pg: 2 of 2
Case 1:07-cr-00555-AKH     Document 5-10      Filed 07/12/2007     Page 1 of 2

Case 1:07-cr-00555-AKH     Document 5-10      Filed 07/12/2007     Page 2 of 2
#### O’CONNELL, Respondent, v. LEE, Appellant.

(Supreme Court, General Term, Fifth Department.

June 20, 1894.)

Action by John O’Connell against George A. Lee.

No opinion. Motion to strike case from the calendar and for affirmance granted on default. _
Exhibit






Exhibit 10.64


September 23, 2019             

Mary van Praag
President, Intimates


Dear Mary:  

It gives me great pleasure to present you with these compensation adjustments.  These adjustments are to recognize and reward the positive contribution you are making in growth of the Soma brand and value to Chico’s FAS.  In addition, you are also being offered a one-time, special Performance Share Grant.  Your contribution and commitment to our organization will allow us to continue to drive sales growth and enhance our customer experience, for the benefit of our stakeholders.  


Your base salary will increase to $675,000 annually, effective October 1, 2019.


	
				
	Performance Level
	Highest Stock Price Achieved
	Percent of Target PSU Vesting
	Earnings Potential

	Outstanding
	$10.00 or higher
	150%
	$1,500,000+

	Target
	$7.50
	100%
	$750,000

	Threshold
	$5.00
	50%
	$250,000

	Below Threshold
	< $5.00
	0%
	$0




In addition, you are receiving a one-time, special Performance Share Grant of 100,000 Performance Share Units (“PSUs”) at target.  The PSUs have a performance period that begins October 1, 2019 and ends at the end of the fourth quarter of fiscal 2021 (28 months).  There are two performance requirements. One is the minimum performance requirement of any four quarters of total company positive comp sales (over 0%).  If the MPR is achieved in the performance period, then a requirement is the threshold stock price above $5.00 with escalating value as the stock moves upward.  This is designed to allow you to increase your personal earnings aligned to the stock. Once the MPR is met, the number of PSUs earned is based on the table below.
 
Additional details on the Grant of PSUs will be contained in an award agreement (the “PSU Agreement”), which you will receive on or about October 1, 2019.  This compensation adjustment and Performance Share Grant is contingent upon you signing the PSU Agreement.  Please note that the PSU Agreement contains a one year non-competition obligation and a two year non-solicit obligation, which is generally consistent with your existing non-competition and non-solicitation obligation contained in your prior equity grant agreements.
I am so pleased to offer you this compensation adjustment.  Congratulations!
Regards,
/s/ Bonnie R. Brooks
Bonnie R. Brooks
CEO and President


Acknowledgement of Offer:


/s/ Mary van Praag                        9/25/19 
Mary van Praag                            Date
I 

116TH CONGRESS 

1ST SESSION H. R. 1767 

To increase the number of States that may conduct Medicaid demonstration 

programs to improve access to community mental health services, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2019 

Ms. MATSUI (for herself, Mr. MULLIN, Mr. BLUMENAUER, Ms. BONAMICI, Mr. 

CARSON of Indiana, Ms. CLARKE of New York, Mr. COLE, Mr. RODNEY

DAVIS of Illinois, Mr. DEFAZIO, Mr. DESAULNIER, Mrs. DINGELL, Mr. 

EMMER, Mr. FITZPATRICK, Mr. GOTTHEIMER, Mr. HIGGINS of New 

York, Ms. KENDRA S. HORN of Oklahoma, Mr. KATKO, Mr. KENNEDY, 

Mr. KING of New York, Mr. LUETKEMEYER, Mr. LUJA ́N, Mr. LYNCH, 

Mr. SEAN PATRICK MALONEY of New York, Ms. MCCOLLUM, Ms. MENG, 

Mr. PETERSON, Miss RICE of New York, Ms. ROYBAL-ALLARD, Mr. 

SCHRADER, Mr. SERRANO, Mr. SIRES, Mr. STAUBER, Ms. STEFANIK, Mr. 

TONKO, and Ms. WILD) introduced the following bill; which was referred 

to the Committee on Energy and Commerce 

A BILL 

To increase the number of States that may conduct Medicaid 

demonstration programs to improve access to community 

mental health services, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Excellence in Mental 

5 Health and Addiction Treatment Expansion Act’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 1767 IH

1 SEC. 2. COMMUNITY MENTAL HEALTH SERVICES DEM2 ONSTRATION PROGRAM. 

3 Section 223(d) of the Protecting Access to Medicare 

4 Act of 2014 (42 U.S.C. 1396a note) is amended— 

5 (1) in paragraph (3)— 

6 (A) by striking ‘‘Not more than’’ and in7 serting ‘‘Subject to paragraph (8), not more 

8 than’’; and 

9 (B) by striking ‘‘2-year’’ and inserting ‘‘4- 

10 year’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(8) ADDITIONAL PROGRAMS.—In addition to 

14 the 8 States selected under paragraph (1), the Sec15 retary shall, not later than one year after the date 

16 of the enactment of the Excellence in Mental Health 

17 and Addiction Treatment Expansion Act, select 11 

18 States (which shall not include any States selected 

19 under paragraph (1)) to participate in 2-year dem20 onstration programs, that meet the requirements of 

21 this subsection, and represent a diverse selection of 

22 geographic areas, including rural and underserved 

23 areas.’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS
Case 1:07-cv-05352-AKH     Document 28      Filed 05/02/2008     Page 1 of 4

Case 1:07-cv-05352-AKH     Document 28      Filed 05/02/2008     Page 2 of 4

Case 1:07-cv-05352-AKH     Document 28      Filed 05/02/2008     Page 3 of 4

Case 1:07-cv-05352-AKH     Document 28      Filed 05/02/2008     Page 4 of 4
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

------------------------------------X 

DAVID SILBERSTEIN, 

 Plaintiff, Civil Action No.: 

 07-CV- 

- against - RULE 7.1 DISCLOSURE 

 

BEST BUY CO., INC., 

 Defendant. 

-------------------------------------X 

Pursuant to Local Civil Rule 7.1 of the Rules of this 

Court, defendant, BEST BUY STORES, L.P. s/h/a BEST BUY CO., INC. 

(“Best Buy”), by their attorneys, Simmons, Jannace & Stagg, 

L.L.P., submits the following identification of any parent 

corporation and any publicly held corporation that owns 10% or 

more of its stock or states that there is no such corporation: 

 NONE. 

Dated: Syosset, New York 

 June 18, 2007 

 Simmons, Jannace & Stagg, L.L.P. 

 

 BY:__s/Sal F. DeLuca____________ 

 Sal F. DeLuca (sd-2354) 

 

 Attorneys for Defendant 

 BEST BUY STORES, L.P. s/h/a 

 BEST BUY CO., INC. 

 Office & P.O. Address: 

 75 Jackson Avenue 

 Syosset, New York 11791-3139 

 (516) 357-8100 

Case 1:07-cv-05778-JGK-RLE Document 2 Filed 06/18/2007 Page 1 of 3
TO: 

PAZER & EPSTEIN, P.C. 

Attorneys for Plaintiff 

DAVID SILBERSTEIN 

Office & P.O. Address: 

20 Vesey Street, 7th Floor 

New York, New York 10007 

(212) 227-1212 

7.1 Disclsoure 

Case 1:07-cv-05778-JGK-RLE Document 2 Filed 06/18/2007 Page 2 of 3
CERTIFICATE OF SERVICE

RE: David Silberstein v. Best Buy Co., Inc. 

Docket No.: 07 CV 5778 

United States District Court, Southern District 

STATE OF NEW YORK ) 

: ss.: 

COUNTY OF NASSAU ) 

I, MARILYN C. AVONDET, certify that I am, and at all times 

during the service of process was, not less than 18 years of age 

and not a party to the matter concerning which service of 

process was made. I further certify that the service of this 

RULE 7.1 DISCLOSURE to all parties on June 19, 2007 by: 

X Mail service: Regular first class United States mail, 

postage fully pre-paid, addressed to: 

PAZER & EPSTEIN, P.C. 

Attorneys for Plaintiff 

DAVID SILBERSTEIN 

Office & P.O. Address: 

20 Vesey Street, 7th Floor 

New York, New York 10007 

(212) 227-1212 

Under penalty of perjury, I declare that the foregoing is true 

and correct. 

 _s/Marilyn C. Avondet____ 

 MARILYN C. AVONDET 

Sworn to before me this 

19th day of June, 2007 

_s/Janet L. Corsie_ Exp. 11/15/09 

 NOTARY PUBLIC No. 01CO6033230 Nassau County 

Case 1:07-cv-05778-JGK-RLE Document 2 Filed 06/18/2007 Page 3 of 3
**EXHIBIT 32**

CERTIFICATIONUNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuantto Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), theundersigned certifies that (1) this Quarterly Report of W. R. Grace & Co.(the “Company”) on Form 10-Q for the period ended September 30, 2006, as filedwith the Securities and Exchange Commission on the date hereof (this “Report”),fully complies with the requirements of Sections 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended, and (2) the information containedin this Report fairly presents, in all material respects, the financialcondition and results of operations of the Company.
| /s/ A. E.  FESTA                                  |   |
|---------------------------------------------------|--------|
| President and Chief Executive Officer             |   |
|                                              |   |
|                                              |   |
| /s/ ROBERT M.  TAROLA                             |   |
| Senior Vice President and Chief Financial Officer |   |

 

Date: November 8, 2006

Asigned original of this written statement required by Section 906 has beenprovided to the Company and will be retained by the Company and furnished tothe Securities and Exchange Commission or its staff upon request.

 

----
# United

S ta tes Cour t of

Appea ls F OR T H E D IS TR IC T OF C OL U MB IA C IRC U IT

__ __ __ __ __ __ 

## N o . 2 2 - 7 1 0 6 S e p t e m b e r T e rm , 2 0 2 2 1:22 -cv -0 13 47 -U N A F il ed O n : O cto be r 11 , 20 22 Ken t A lle n, J r. ,

A pp ell an t v . W illia m W an g, C E Oa nd Ken t A lle n,

A pp ell ee s O N AP P E A LF R O M T H E U N IT E D S TA T E S D IS T R IC TC O U RT F O R T H E D IS T R IC TO F C O L U MB IA B E F O R E : M ille tt

a nd R ao , C irc uit

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j). It i s O R D E R E D AN D AD JU D G E D t ha t th e dis tr ict cou rt ’so rd er fil ed J un e 21 , 20 22 , be affirm ed . T he d is tr ict c ou rt d id no t ab us e it s d is c re ti on i n dis m is s ing t he com pla int w it ho ut p re jud ic e for failu re to c om ply w it h th e ple ad ing s ta nd ard of F ed eral R uleo f C iv il P ro c ed ure 8( a) , w hic h re qu ire s “ a s ho rt a nd p lai n s ta te m en t of th e c lai m s how ing t ha t th e ple ad er i se nt it led to re lie f.” F ed . R . C iv . P . 8( a) (2 ); s ee C ira ls ky v . C IA , 35 5 F .3 d 66 1, 66 8- 71 ( D .C . C ir. 2 00 4) . P urs ua nt to D .C . C irc uit

R ule3 6, t hisd is po s it ion w ill no t be p ub lis he d. T he C ler k isd ire cte d tow it hh old i s s ua nc e of th e m an da teh erein u nt il s ev en d ay s a fte r re s olu ti on of an y t im ely p et it ion fo r re he ar ing o r pe ti ti on fo r re he ar ing e n ba nc . S ee F ed . R . A pp . P . 41 (b ); D .C . C ir. R ule4 1. P er C u r ia m F O R

T H E C O U RT : M ar k J . La ng er , C ler k B Y : /s/ D an iel J . R eid y D ep uty C ler k
TDCJ Offender Details fo^M'l Page 1of2

U^iliJMiMy^ TDCJ Home New Offender Search

Offender Information Details

Return to Search list

SID Number:

TDCJ Number:

Name:

Race:

Gender:

DOB:

Maximum Sentence Date:

Current Facility:

Projected Release Date:

Parole Eligibility Date:

Offender Visitation Eligible:

06195098

01059208

HORTON,BRYAN SCOTT

W

M

1985-02-28

2040-07-25

CONNALLY

2040-07-25

2020-07-25

YES

Information provided is updated once daily during weekdaysandmultiple timesper day

on visitation days. Because this information is subject to change, family members and

friends are encouraged to call the unit prior to traveling for a visit.

SPECIAL INFORMATION FOR SCHEDULED RELEASE:

Scheduled Release Date:

Scheduled Release Type:

Scheduled Release Location:

Parole Review Information

Offender is not scheduled for release at this time.

Will be determined when release date is scheduled.

Will be determined when release date is scheduled.

Offense History:

|Offense Date Offense Sentence Date County Case No. Sentence (YY-MM-DD)

J 2000-07-23 MURDER] 2001-08-30 LAMPASAS 7125 40-00-00

http://offender.tdcj.state.tx.us/OffenderSearch/offenderDetail.action?sid=06195098 6/5/2015
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<CIK> 0001046131
<NAME> MIDAS, INC.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-30-2000
<PERIOD-END>                               JUL-01-2000
<CASH>                                           2,600
<SECURITIES>                                         0
<RECEIVABLES>                                   63,200
<ALLOWANCES>                                     2,100
<INVENTORY>                                     73,100
<CURRENT-ASSETS>                               155,900
<PP&E>                                         243,100
<DEPRECIATION>                                  97,600
<TOTAL-ASSETS>                                 326,500
<CURRENT-LIABILITIES>                           71,600
<BONDS>                                        103,700<F1>
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        23,400
<OTHER-SE>                                     103,700
<TOTAL-LIABILITY-AND-EQUITY>                   326,500
<SALES>                                        177,000
<TOTAL-REVENUES>                               177,000
<CGS>                                           96,300
<TOTAL-COSTS>                                  145,400<F2>
<OTHER-EXPENSES>                                (3,900)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,000
<INCOME-PRETAX>                                 31,500
<INCOME-TAX>                                    11,600
<INCOME-CONTINUING>                             19,900
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    19,900
<EPS-BASIC>                                       1.27
<EPS-DILUTED>                                     1.25
<FN>
<F1>INCLUDES: CAPITALIZED LEASE OBLIGATIONS AND LONG-TERM DEBT OF $9,300 AND
$94,400, RESPECTIVELY.
<F2>INCLUDES: COST OF GOODS SOLD AND S, G & A EXPENSES OF $96,300 AND $49,100,
RESPECTIVELY.
</FN>


</TABLE>
#### In the Matter of Herman M. Bates, Jr., Respondent, v Antonia D’Apice et al., Constituting the Board of Elections of the County of Westchester, Respondents, and John T. Deems, Appellant.

In a proceeding to invalidate petitions designating John T. Deems as a candidate in the general election to be *715held on November 7, 1989, for the public office of Superintendent of Highways, Town of Ossining, the appeal is from an order and judgment (one paper) of the Supreme Court, Westchester County (Facelle, J.), entered August 14, 1989, which granted the application.

Ordered that the order and judgment is reversed, on the law, without costs or disbursements, the petition is denied, the proceeding is dismissed, and the Board of Elections of the County of Westchester is directed to place the name of John T. Deems on the appropriate ballot.

John T. Deems, a resident of both the Town of Ossining and the Incorporated Village of Ossining, which is a village located entirely within the boundaries of the town, was designated by the Democratic Party as its candidate for the public office of Superintendent of Highways for the Town of Ossining at the general election to be held on November 7, 1989. An objector, the petitioner-respondent, Herman M. Bates, Jr., was successful in securing the removal of Deems from the ballot on the ground that Deems was a resident of the village and that the territory within the corporate limits of the village was a separate road district which was exempt from the jurisdiction and superintendence of the Superintendent of Highways for the Town of Ossining. In granting Bates’ petition, the Supreme Court relied upon Village of Ossining Charter § 12 (Local Laws, 1950, No. 2 of Village of Ossining § 2) which provides that no resident of the village shall vote for any Commissioner of Highways of the Town of Ossining, and held that a village resident was ineligible to hold the elective office of Superintendent of Highways for the town. We disagree and, accordingly, reverse.

Public Officers Law § 3 sets forth the qualifications for holding public office. Public Officers Law § 3 (1) requires, *inter alia,*that a candidate for a civil office must be a resident of the political subdivision or municipal corporation of the State (1) for which he shall be chosen, or (2) within which the electors electing him reside, or (3) within which his official functions are required to be exercised. We find that the appellant has met at least the first of these alternative eligibility requirements. Moreover, we note that although the Village Charter bars a village resident from voting for the office of Superintendent of Highways for the town, it does not prohibit a village resident from seeking the office of Superintendent of Highways for the town. Under these circumstances, we conclude that the Supreme Court’s reliance thereon was misplaced and hold that the application to invalidate the *716appellant’s candidacy should not have been granted. Mollen, P. J., Mangano, Bracken and Brown, JJ., concur.

Thompson, J.,

dissents and votes to affirm the order and judgment for reasons stated by Justice Facelle at the Supreme Court.
(82 South. 894)

#### Ex parte THOMPSON et al.

(1 Div. 109.)

(Supreme Court of Alabama.

June 19, 1919.)

Alex T. Howard and W. B. Inge, both of Mobile, for appellant.

Stevens, McCorvey & McLeod, of Mobile, for appellee.

PER CURIAM.

The Mobile Electric Company filed a bill against the city of Mobile and the commissioners thereof, seeking to restrain them from holding or attempting to hold an election on the question of whether or not a certain, ordinance restricting rates to be charged for electricity should become the law. Hon. Joel W. Goldsby issued a temporary injunction, and Frederick W. Thompson and others here seek mandamus, directed to the said judge, requiring him to dissolve said temporary and from in any wise interfering with the holding of said election. Rule nisi denied.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

IN RE WORLD TRADE CENTER 21 MC 102 (AKH)

LOWER MANHATTAN DISASTER

SITE LITIGATION

MARIA DELACRUZ, 07-CV-5348 (AKH)

Plaintiff, NOTICE OF APPEARANCE

-against80 LAFAYETTE ASSOCIATES, ET AL.,

Defendants.

PLEASE TAKE NOTICE that the undersigned hereby enters an appearance as counsel

for Defendants CENTURY 21, INC and BLUE MILLENNIUM REALTY LLC in the abovecaptioned action and all future correspondence and papers filed or serviced in connection with

the above-captioned action are to be directed to the undersigned.

Dated: New York, New York

September 11, 2007

Yours etc.,

HARRIS BEACH PLLC

Attorneys for Defendant

CENTURY 21, INC., BLUE

MILLENNIUM REALTY LLC,

/5/

Stanley Goos, Esq. (SG-7062)

100 Wall Street

New York, NY 10005

212 687-0100

212 687-0659 (Fax)

Case 1:07-cv-05348-AKH Document 11 Filed 09/11/2007 Page 1 of 2
CERTIFICATION OF SERVICE

The undersigned certifies that on September 11, 2007, I caused the following document

to be electronically via the Courts ECF system:

Realty).

1. Notice of Appearance (of Defendants Century 21, Inc and Blue Millennium

The undersigned further certifies that on September 11, 2007, I caused the aforesaid

documents to be served via First Class Mail upon the following:

Paul Napoli, Esq.

Worby Groner Edelman & Napoli Bern LLP

115 Broadway, 12th Floor

New York, New York 10006

Robert A. Grochow, Esq.

Robert A. Grochow, P.C.

233 Broadway, 5th Floor

New York, New York 10279

Gregory J. Cannata, Esq.

Law Offices of Gregory J. Cannata

233 Broadway, 5th Floor

New York, New York 10279

Liaison Counselfor Plaintiffs

Dated: September 11, 2007

James E. Tyrrell, Esq.

Joseph Hopkins, Esq.

Patton Boggs LLP

1 Riverfront Plaza, 6th Floor

Newark, New Jersey 07102

Thomas Egan, Esq.

Flemming Zulack Williamson Zauderer LLP

One Liberty Plaza

New York, New York 10006

Liaison Counselfor the Defendants

Is

Stanley Goos

Case 1:07-cv-05348-AKH Document 11 Filed 09/11/2007 Page 2 of 2
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