alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 06-3380

___________ Benedict Atakpu, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Missouri. The School District of Kansas City, * Missouri, * [UNPUBLISHED] * Appellee. *

___________ Submitted: September 6, 2007 Filed: September 26, 2007

___________ Before BYE, RILEY, and MELLOY, Circuit Judges.

___________ PER CURIAM. Benedict Atakpu appeals from the districtcourt’s dismissal of his employmentdiscrimination action as untimely filed. Upon de novo review, see Koehler v. Brody , 483 F.3d 590, 596 (8th Cir. 2007) , we conclude that dism issal was improper because the documents Atakpu submitted to the di strict court on Nove mber 8, 2005, were sufficient to initiate a civil action for pur poses of Title VII, and November 8 was within 90 days of August 25, the day At akpu received a right-to-sue-letter from the Equal Employment Opportunity Commission (EEOC). See 42 U.S.C. § 2000e-5(f)(1) (once EEOC has dismissed charge and notif ied aggrieved person, aggrieved person may bring civil action within 90 days); Page v. Arkansas Dep’t of Corr. , 222 F.3d 453,1 We do not consider Atakpu’s arguments re lated to the denials of his motion for a default judgment and motion for relief fro m judgment because he did not file a proper appeal of those judgments. See Fed. R. App. P. 3(c )(1)(B) (notice of appeal must “designate the judgment, order, or part thereof being appealed”); Fed. R. App. P. 4(a)(4)(B)(ii) (party intending to challe nge order disposing of motion after final judgment has been entered must file notice of appeal or amended notice of appeal within time prescribed). -2- 454-55 (8th Cir. 2000) (plaintiff’s Title V II action was timely-filed where she timely submitted her EEOC charge and right-to-sue le tter to district court, even though court informed her documents were not in pr oper form and she later submitted amended complaint after 90-day deadline); Huston v. General Motors Corp. , 477 F.2d 1003, 1008 (8th Cir. 1973) (request for appointment of attorney within time limit (then 30 days) is “bringing of the civil action” for purposes of Title VII).
Accordingly, we reverse the dismissa l and remand for further proceedings. 1

______________________________
<PAGE>

                                                                      Exhibit 23


              CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
(Form S-8 No. 33-83438, Form S-8 No. 333-55723 and Form S-8 No. 333-54244)
pertaining to the 1994 Stock Incentive Plan of Maxwell Shoe Company Inc. of our
report dated December 19, 2000 with respect to the consolidated financial
statements of Maxwell Shoe Company Inc. included in the Annual Report (Form
10-K) for the year ended October 31, 2000.



                                             ERNST & YOUNG LLP

Boston, Massachusetts
January 23, 2001
EXHIBIT 32.2

                            SECTION 906 CERTIFICATION

<PAGE>



                                  Exhibit 32.2

                            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  Quarterly  Report  of  Environmental  Service
Professionals, Inc. (the "Company") on Form 10-Q for the period ending March 31,
2009 (the  "Report") I, Edward  Torres,  Acting Chief  Financial  Officer of the
Company,  certify,  pursuant  to 18 USC  Section  1350,  as adopted  pursuant to
Section 906 of the  Sarbanes-Oxley Act of 2002, that to the best of my knowledge
and belief:

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

         (2)      The information  contained in the Report fairly  presents,  in
                  all material respects,  the financial condition and results of
                  operations of the Company.

Dated:  May 22, 2009


/s/ Edward Torres
---------------------------------------------
Edward Torres, Acting Chief Financial Officer

         This  certification  accompanies  the Report pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002 and shall not, except to the extent required by
the  Sarbanes-Oxley  Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
CONSENT OF INDEPENDENT AUDITORS

     We consent to the incorporation by reference in the Registration  Statement
on Form S-8 (File No.  333-38035) of our reports dated  September 15, 2000, with
respect to the  consolidated  balance sheet of Prophet 21, Inc. and subsidiaries
as of June 30, 2000,  and the related  consolidated  statements  of  operations,
stockholders'  equity,  and cash  flows for the year  then  ended,  and  related
schedule,  which reports  appear in the June 30, 2000 annual report on Form 10-K
of Prophet 21, Inc.



KPMG LLP
Philadelphia, Pennsylvania
September 27, 2000
Charles G. KINNEY, petitioner, v. Philip GUTIERREZ, et al.

No. 18-516.

Supreme Court of the United States

Jan. 7, 2019.

*810Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Mostafa R. AHSAN, petitioner, v. STAPLES THE OFFICE SUPERSTORE EAST, INC.

No. 17-1692.

Supreme Court of the United States

Jan. 14, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.
<PAGE>

                                                                  Exhibit 10.39

                                FIRST AMENDMENT
                                       TO
                              EMPLOYMENT AGREEMENT


     This First Amendment to Employment Agreement is made this 27th day of 
May, 1997 by and between Stephen J. Szapor, Jr. (the "Executive") and 
Colorado Gaming & Entertainment Co. (the "Company").

     Pursuant to an Employment Agreement dated June 7, 1996 (the "Employment 
Agreement"), the Company agreed to employ the Executive as its President and 
Chief Executive Officer for a period of three years.

     The Company and the Executive have agreed to extend the term of the 
Employment Agreement for an additional year and to modify the Employment 
Agreement as hereinafter set forth.

     NOW THEREFORE, in consideration of the premises and the mutual promises 
herein contained, the parties hereto agree as follows:

     1.   Section 3 of the Employment Agreement is hereby amended by amending 
the date "June 7, 1999" where it appears therein to read "June 6, 2000".

     2.   Effective June 7, 1997, the Base Salary as defined in Section 4(a) 
of the Employment Agreement shall be increased to $312,000.

     3.   Section 4(b) of the Employment Agreement is hereby amended by 
adding a new subsection (4) at the end thereof to read in its entirety as 
follows:

          "(4) AUTOMOBILE.  The Company shall provide the Executive with 
          the full time use of an automobile during the term of this
          Agreement at the expense of the Company, it being understood that
          the Executive shall be responsible for any taxes imposed on the
          Executive as a result of his personal use of the automobile.  The
          automobile shall be selected jointly by the Executive and the
          Company and shall be of a kind in keeping with the Executive's
          stature as the President and Chief Executive Officer of a public
          company."

     4.   Except as specifically amended hereby, the Employment Agreement 
shall remain in full force and effect.

<PAGE>

     IN WITNESS WHEREOF, the parties hereto have caused this First Amendment 
to be duly executed as of the date first above written.


                                   COLORADO GAMING &
                                   ENTERTAINMENT CO.            


                                   By: /s/ Alan L.  Mayer                 
                                       -----------------------------------
                                      Its: Vice President and Secretary   
                                           -------------------------------



                                        /s/ Stephen J.  Szapor, Jr.
                                   ---------------------------------------
                                   Stephen J. Szapor, Jr.




                                       2
Bradley Weston TAGGART, petitioner, v. Shelley A. LORENZEN, Executor of the Estate of Stuart Brown, et al.

No. 18-489.

Supreme Court of the United States

Jan. 4, 2019.

*783Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.
Exhibit 32.1

CEO CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.Sec. 1350, as adopted),
Patrick J. ODea, the Chief Executive Officer of Peets Coffee & Tea, Inc. (the Company) hereby certifies that, to the best of his knowledge:

1. The Companys annual report on Form 10-K for the period ended December 30, 2007, to which this Certification is attached as Exhibit 32.1 (the Annual Report ) fully complies with the
requirements of section 13(a) or section 15(d) of the Securities Exchange Act of 1934, as amended, and

2. The information contained in the Annual Report
fairly presents, in all material respects, the financial condition and results of operations of the Company.

IN WITNESS WHEREOF, the undersigned has set his hand hereto as of the 12th day of March, 2008.



|                       
|-----------------------
|/s/ PATRICK J. ODEA   
|Patrick J. ODea       
|Chief Executive Officer

This certification accompanies the Form 10-K to which it relates, is not deemed filed with the Securities and
Exchange Commission and is not to be incorporated by reference into any filing of Peets Coffee & Tea, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after
the date of the Form 10-K), irrespective of any general incorporation language contained in such filing.
Mark MANN, petitioner, v. UNITED STATES.

No. 18-688.

Supreme Court of the United States

Jan. 7, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS

 

MICHELE LESHA XU, XIAO FENG XU,

 Plaintiffs, 

versus

CMH HOMES, INC.,

 Defendant. 

§

§

§

§

§

§

§

§

§

§

 NO. 1:23-cv-00319-MAC-ZJH

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

On October 31, 2023, the court referred this case to the Honorable Zack Hawthorn, 

United States Magistrate Judge, for pretrial management. Doc. No. 18. On October 10, 2023, 

Defendant CMH Homes, Inc. (“CMH”) filed a Motion to Compel Arbitration seeking to compel 

the Plaintiffs’ claims to arbitration pursuant to a Binding Dispute Resolution Agreement between 

the parties. Doc. No. 5. On July 1, 2024, Judge Hawthorn issued his Report and 

Recommendation (Doc. No. 43), which recommended granting Defendant CMH’s Motion to 

Compel Arbitration because the Binding Dispute Resolution Agreement was a valid and 

enforceable agreement to arbitrate and the Plaintiffs failed to meet their burden of establishing 

that the arbitration agreement was invalid. 

The Court received and considered the Report and Recommendation of the United States 

Magistrate Judge pursuant to such referral, along with the record, pleadings, and all available 

evidence. The parties have not filed objections to the Report and Recommendation, and the time 

for doing so has passed. See 28 U.S.C. § 636(b)(1)(C). After careful review, the Court finds 

Case 1:23-cv-00319-MAC-ZJH Document 45 Filed 07/19/24 Page 1 of 2 PageID #: 1628
2

that the findings of fact and conclusions of law of the United States Magistrate Judge are correct.

It is, therefore, ORDERED that the report and recommendation of the United States 

Magistrate Judge (Doc. No. 43) is ADOPTED. Accordingly, Defendant CMH’s Motion to 

Compel Arbitration is GRANTED. The parties are directed to arbitrate their dispute as outlined 

in the Binding Dispute Resolution Agreement. All other pending motions are DENIED AS 

MOOT.

It is further ORDERED that this case is administratively closed, but this court retains 

jurisdiction to enforce any arbitration award. 

Case 1:23-cv-00319-MAC-ZJH Document 45 Filed 07/19/24 Page 2 of 2 PageID #: 1629
Exhibit 10.2

 

VENTAS, INC.

STOCK OPTION AGREEMENT AMENDMENT

 

THIS STOCK OPTION AGREEMENT AMENDMENT (“Amendment”) is made and entered into as of                  , 2012 (the “Amendment Date”), by and between VENTAS, INC., a Delaware corporation (the “Company”) and                                            , a non-employee director of the Company (“Optionee”), pursuant to the Ventas, Inc. 2006 Stock Plan for Directors, as amended (the “Plan”).  Unless otherwise provided, capitalized terms in this Amendment have the meaning set forth in the Plan.

 

The Stock Option Agreements entered into as of                 ,                     , and                    (individually or collectively, “Director Stock Option Agreement”) by and between the Company and Optionee pursuant to the Plan are each hereby amended in the following manner to provide Optionee after death, Disability or retirement from the Board due to attainment of a mandatory retirement age pursuant to the Company’s Guidelines on Governance or other similar policies with the ability to exercise the Options pursuant to such Director Stock Option Agreement throughout the full term of such Options.

 

1.  Subsection (c) of Section 6. Exercise of the Option Upon Ceasing to be a Director in each Director Stock Option Agreement is hereby deleted in its entirety and the following substituted therefor:

 

(c)  In the event of Optionee’s death or Disability while a director of the Company, Optionee’s retirement from the Board due to attainment of a mandatory retirement age for directors pursuant to the Company’s Guidelines on Governance or other similar policies or for such other reason as the Committee may determine, or Optionee’s death within six months after Optionee ceases to be a director (other than by reason of removal for Cause), the Option shall terminate on the Termination Date.  Except as the Committee may otherwise determine, in the event of Optionee’s retirement from the Board for any reason other than attainment of a mandatory retirement age for directors pursuant to the Company’s Guidelines on Governance or other similar policies, the Option shall terminate upon the earlier to occur of (i) 12 months after the date of Optionee’s death, Disability or retirement, or (ii) the Termination Date.  In the event of Optionee’s death, Disability or retirement as specified above, the Option shall become fully exercisable.

 

2.  In all other respects, each Director Stock Option Agreement, as amended, shall continue in full force and effect.

 

IN WITNESS WHEREOF, the parties have executed and consented to this Amendment on and as of the date first above written.

 

	
 
    	
VENTAS, INC.
    
	
 
    	
 
    
	
 
    	
By:
    	
 
    
	
 
    	
Title:
    	
 
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
[NAME]
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2195 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 2195

To provide for the establishment of a national cemetery on a portion of 
                         Fort Gordon, Georgia.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 1999

Mr. Norwood (for himself and Mr. Graham) introduced the following bill; 
which was referred to the Committee on Armed Services, and in addition 
to the Committee on Veterans' Affairs, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To provide for the establishment of a national cemetery on a portion of 
                         Fort Gordon, Georgia.

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

SECTION 1. LAND TRANSFER FOR ESTABLISHMENT OF NATIONAL CEMETERY, FORT 
              GORDON, GEORGIA.

    (a) Transfer of Land for National Cemetery.--The Secretary of the 
Army may transfer, without reimbursement, to the administrative 
jurisdiction of the Secretary of Veterans Affairs a parcel of real 
property, including any improvements thereon, at Fort Gordon, Georgia, 
for the purpose of permitting the Secretary of Veterans Affairs to 
establish a national cemetery on the parcel.
    (b) Use of Property.--The Secretary of Veterans Affairs shall use 
the real property transferred under subsection (a) as a national 
cemetery under chapter 24 of title 38, United States Code.
    (c) Return of Unused Portion.--If the Secretary of Veterans Affairs 
determines that any portion of the real property transferred under 
subsection (a) is not needed for use as a national cemetery, the 
Secretary of Veterans Affairs shall return such portion to the 
administrative jurisdiction of the Secretary of the Army.
    (d) Legal Description.--The exact acreage and legal description of 
the real property to be transferred under this section shall be 
determined by a survey satisfactory to the Secretary of the Army. The 
cost of the survey shall be borne by the Secretary of Veterans Affairs.
    (e) Additional Terms and Conditions.--The Secretary of the Army may 
require such additional terms and conditions in connection with the 
transfer under this section as the Secretary of the Army considers 
appropriate to protect the interests of the United States.
                                 <all>
```
Donald DUHART, Petitioner, v. UNITED STATES.

No. 18-9323

Supreme Court of the United States.

October 7, 2019

On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Motion of petitioner for leave to proceed *in forma pauperis* and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of *United States* v. *Davis* , 588 U.S. ----, 139 S.Ct. 2319, 204 L.Ed.2d 757 (2019).
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2125 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 2125

 To repeal the limitation on judicial jurisdiction imposed by section 
377 of the Illegal Immigration Reform and Immigrant Responsibility Act 
                                of 1996.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 1999

   Ms. Jackson-Lee of Texas (for herself, Mr. Becerra, Mrs. Meek of 
 Florida, Mr. Rodriguez, Mr. Ortiz, Mr. Rangel, Ms. Lee, Mr. Frank of 
 Massachusetts, Ms. Berkley, Ms. Schakowsky, Mr. Gutierrez, Mr. Reyes, 
  Mr. Menendez, Mr. Meeks of New York, Ms. Kilpatrick, Mr. Engel, Mr. 
 Serrano, Mr. Jackson of Illinois, and Mrs. Napolitano) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To repeal the limitation on judicial jurisdiction imposed by section 
377 of the Illegal Immigration Reform and Immigrant Responsibility Act 
                                of 1996.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Legal Amnesty Restoration Act of 
1999''.

SEC. 2. ELIMINATION OF LIMITATION ON LEGALIZATION LITIGATION.

    (a) In General.--Section 245A(f)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1255a(f)(4)) is amended by striking 
subparagraph (C).
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as if included in the enactment of section 201 of the 
Immigration Reform and Control Act of 1986 (Public Law 99-603; 100 
Stat. 3394).
                                 <all>
```
* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-11141 Summary Calendar

__________________ UNITED STATES OF AMERICA, Plaintiff-Appellee,
versus HOA GIA TRAN, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:95-CR-203-X

- - - - - - - - - - August 2, 1996 Before KING, JONES, and DeMOSS, Circuit Judges. PER CURIAM: * Hoa Gia Tran appeals from the district court's denial of his motion to suppress. Tran argues that his warrantless arrest was not supported by probable cause. Based upon the testimony presented at the hearing on Tran's motion to suppress, we conclude that the officers had probable cause to arrest Tran. See United States v. Carrillo-Morales , 27 F.3d 1054, 1062 (5th Cir. 1994). Accordingly, the judgment of the district court is AFFIRMED.
```
 
 
WHEAT - KANSAS CITY BOARD OF TRADE                                   Code-001612
FUTURES ONLY POSITIONS AS OF 05/22/12                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 5,000 BUSHELS)                         OPEN INTEREST:      137,550
COMMITMENTS
  35,934   25,677   14,137   72,243   72,326  122,314  112,140   15,236   25,410

CHANGES FROM 05/15/12 (CHANGE IN OPEN INTEREST:     -7,306)
  -4,247  -12,195    1,749   -2,924    5,209   -5,422   -5,237   -1,884   -2,069

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    26.1     18.7     10.3     52.5     52.6     88.9     81.5     11.1     18.5

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      157)
      35       45       37       57       56      117      117
```

----

Updated May 25, 2012