alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

TANNER SMITH

v.

HAVEN ISOM

§

§ 

§ 

§ 

§ 

§ 

§ 

CIVIL NO. 4:23-CV-00805-SDJ-BD

MEMORANDUM ADOPTING THE REPORT AND 

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Came on for consideration the report of the United States Magistrate Judge in 

this action, this matter having been heretofore referred to the Magistrate Judge 

pursuant to 28 U.S.C. § 636. On October 28, 2024, the Magistrate Judge 

entered proposed findings of fact and a recommendation (the “Report”) (Dkt. 

#10) that Plaintiff’s claims be dismissed without prejudice. 

Having received the Report of the United States Magistrate Judge, and no 

timely objections being filed, the Court is of the opinion that the findings and 

conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge’s 

Report as the findings and conclusions of the Court.

It is therefore ORDERED that Plaintiff’s claims asserted against Haven Isom

are DISMISSED WITHOUT PREJUDICE. 

Case 4:23-cv-00805-SDJ-BD Document 11 Filed 11/21/24 Page 1 of 1 PageID #: 26
EXHIBIT 10.31


 


DEMAND PROMISSORY NOTE


 


 


	
  $60,000

  	
  December 14, 2003

  	
   

  



 


 


FOR VALUE RECEIVED,
PURCHASESOFT, INC, a Delaware corporation (“Borrower”), promises to pay to the
order of Brian Tauber, an individual resident of the State of California
(“Lender”), at such place as the holder hereof may designate, in lawful money
of the United States of America, the principal sum of Sixty Thousand Dollars
($60,000), plus interest as hereinafter provided, on demand. This Note shall be
due and payable 180 days from the date hereof.   This Note shall bear interest on the unpaid principal amount
hereof at the rate of 6% per annum; provided that interest shall accrue at the
rate of 8% per annum on any principal or accrued interest that is not paid
within five days of written demand, from the date of such demand until the date
of payment.  This Note supercedes all
previous notes and amounts due Holder, including but not limited to the Note
Payable dated July 14, 2003.


 


Borrower waives presentment,
demand, protest, notice of protest, notice of dishonor, notice of nonpayment,
any and all other notices and demands in connection with the delivery,
acceptance, performance, default or enforcement of this Note.  No delay by the holder hereof in exercising
any power or right in respect of this Note shall operate as a waiver of such or
any other power or right.


 


Borrower may at any time
prepay in whole or in part, from time to time, the outstanding principal amount
of this Note, together with accrued interest to date of payment on the principal
amount so prepaid.


 


Borrower shall pay the
holder hereof all costs and expenses of collection of this Note, including
without limitation reasonable attorneys’ fees.


 


This Note shall be deemed to
be made under and shall be construed in accordance with and governed by the
laws of the State of California.


 


 


	
   

  	
  PURCHASESOFT, INC.

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By

  	
    /s/ Thomas B.
  Marsh

  	
   

  
	
   

  	
   

  	
  Thomas B. Marsh

  
	
   

  	
   

  	
  Secretary and Treasurer

  



 


 


1
<PAGE>

                                                                    Exhibit 23.1

                        Consent of Independent Auditors


We consent to the incorporation by reference in the Registration Statements (i)
on Form S-8 (No. 333-68221) pertaining to registration of shares under the
Smurfit-Stone Container Corporation Long Term Incentive Plan and shares under
Stone Container Corporation option plans converted to Smurfit-Stone Container
Corporation shares in the merger agreement; (ii) on Form S-8 (No. 33-57085)
pertaining to registration of shares under the Smurfit-Stone Container
Corporation 1992 Stock Option Plan; (iii) on Form S-8 (No. 333-31961) pertaining
to registration of additional shares under the Smurfit-Stone Container
Corporation 1992 Stock Option Plan; (iv) on Form S-8 (No. 333-47143) pertaining
to the registration of shares under the Smurfit-Stone Container Corporation
Management Incentive Plan; (v) on Form S-8 (No. 333-32850) pertaining to the
registration of shares under the Smurfit-Stone Container Corporation Hourly
Savings Plan, the Smurfit-Stone Container Corporation Savings Plan, the
Jefferson Smurfit Corporation Hourly Savings Plan and the Smurfit Packaging
Corporation Savings Plan and (vi) on Form S-4 (No. 333-43656) pertaining to
registration of shares under the Smurfit-Stone Container Corporation Preferred
Stock Plan, of our report dated January 29, 2001, except for paragraphs 1 and 14
of Note 7, as to which the dates are February 23, 2001 and March 9, 2001,
respectively, with respect to the consolidated financial statements and schedule
of Smurfit-Stone Container Corporation included in the Annual Report (Form 10-K)
for the year ended December 31, 2000.


/s/ Ernst & Young LLP
---------------------
Ernst & Young LLP
St. Louis, Missouri
March 9, 2001
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS RESTATED SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND STATEMENT OF OPERATIONS FOUND ON PAGES 3 AND 4
OF THE COMPANY'S FORM 10-Q FOR THE YEAR TO-DATE, AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS. THIS SCHEDULE HAS BEEN
RESTATED TO REFLECT THE EFFECT OF FASB #128, EARNINGS PER SHARE.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          42,692
<SECURITIES>                                         0
<RECEIVABLES>                                   39,335
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               160,495
<PP&E>                                       1,965,812
<DEPRECIATION>                               (221,730)
<TOTAL-ASSETS>                               1,986,604
<CURRENT-LIABILITIES>                           43,356
<BONDS>                                        934,767
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           723
<OTHER-SE>                                     859,559
<TOTAL-LIABILITY-AND-EQUITY>                 1,986,604
<SALES>                                              0
<TOTAL-REVENUES>                                84,074
<CGS>                                                0
<TOTAL-COSTS>                                   50,042
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              14,744
<INCOME-PRETAX>                                 20,245
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             20,245
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    16,751
<EPS-PRIMARY>                                      .23
<EPS-DILUTED>                                      .22
        

</TABLE>
Exhibit 99








                         INDEPENDENT ACCOUNTANT'S REPORT
                         -------------------------------






Board of Directors and Stockholders
WVS Financial Corp.

We have reviewed the  accompanying  consolidated  balance sheet of WVS Financial
Corp.  and  subsidiary  as of September 30, 2003,  and the related  consolidated
statement of income for the  three-month  periods  ended  September 30, 2003 and
2002,  the  consolidated  statement of changes in  stockholders'  equity for the
three-month  period ended September 30, 2003, and the consolidated  statement of
cash flows for the three-month  periods ended September 30, 2003 and 2002. These
financial statements are the responsibility of the Company's management.

We conducted our review in accordance with standards established by the American
Institute  of  Certified  Public  Accountants.  A review  of  interim  financial
information consists principally of applying analytical  procedures to financial
data and making  inquiries of persons  responsible  for financial and accounting
matters. It is substantially less in scope than an audit conducted in accordance
with auditing standards generally accepted in the United States of America,  the
objective  of which is the  expression  of an opinion  regarding  the  financial
statements taken as a whole. Accordingly, we do not express such an opinion.

Based on our review, we are not aware of any material  modifications that should
be made to the  accompanying  financial  statements for them to be in conformity
with accounting principles generally accepted in the United States of America.

We have  previously  audited,  in accordance with auditing  standards  generally
accepted in the United States of America,  the consolidated  balance sheet as of
June 30, 2003,  and the related  consolidated  statements of income,  changes in
stockholders'  equity,  and cash flows for the year then  ended  (not  presented
herein);  and in our report  dated August 1, 2003,  we expressed an  unqualified
opinion on those consolidated financial statements.



/s/S.R. Snodgrass, A.C.

Wexford, PA
November 5, 2003
**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO**

**18U.S.C. SECTION 1350,**

**ASADOPTED PERSUANT TO**

**SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of SteinwayMusical Instruments, Inc., (the “Company”) on Form 10-Q for the quarter endedSeptember 30, 2004 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Dana D. Messina, President and Chief ExecutiveOfficer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complies with the requirements ofSection 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934,as amended; and

 

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

 

 
|   |                                  |
|--------|---------------------------------------|
|   | /s/ Dana D. Messina                   |   |
|   | President and Chief Executive Officer |
|   | (Principal Executive Officer)         |

 

 

November 4, 2004

 

 

A signed original of this written statement requiredby Section 906 has been provided to Steinway Musical Instruments, Inc. and willbe retained by Steinway Musical Instruments, Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.

 

----
<PAGE>
EXHIBIT 10.27

                           ABM INDUSTRIES INCORPORATED

                  NON-EMPLOYEE DIRECTOR RETIREMENT BENEFIT AGREEMENT

     THIS AGREEMENT is entered into this ______ day of ____________, ____ by and
between ABM INDUSTRIES INCORPORATED ("ABM") and __________________("Non-Employee
Director"), as follows:

1a.   Early Retirement. At any time during Non-Employee Director's term of
      office, upon or after completing at least five years of service as a
      Non-Employee Director and upon or after attaining the age of sixty-two
      years (but before attaining the age of seventy-two years) Non-Employee
      Director may, but shall not be required to, retire from membership on the
      Board of Directors of ABM ("Board").

1b.   Senior Retirement. At any time during Non-Employee Director's term of
      office, upon or after attaining the age of seventy-two years, Non-Employee
      Director may, but shall not be required to, retire from membership on the
      Board of Directors of ABM ("Board").

2.    Any Non-Employee Director who elects either Early Retirement or Senior
      Retirement shall have the title "Director Emeritus" and shall receive the
      retirement benefits provided below.

3.    Director Emeritus shall be entitled to compensation as follows:

      a.    Upon Early or Senior Retirement, ABM shall pay to Director Emeritus
            the monthly retainer ("Monthly Retainer") received by Non-Employee
            Director prior to retirement, which amount shall be reduced on a
            pro-rata basis for fewer than ten years of service (i.e. eight years
            of prior service as a Non-Employee Director entitles Director
            Emeritus to eighty per cent of the full benefit) and such payments
            shall continue until the earlier of: (i) a period of ten years after
            the Non-Employee Director's retirement or (ii) the death of Director
            Emeritus.

      b.    A Non-Employee Director under age seventy-two who retires with
            fewer than five years service as a Non-Employee Director shall not
            be entitled to any retirement benefit.

4.    Any Director Emeritus, upon or after attaining the age of seventy-two
      years, may elect in writing to receive a lump sum payment of the total or
      balance, as applicable, of the Monthly Retainer on a present value basis
      using an annual discount rate of eight per cent.

5.    Upon invitation by the Board, a Director Emeritus will be welcome to
      attend Board meetings and other Board activities, however a Director
      Emeritus shall not be entitled to payment of any fees or expenses by ABM
      in connection with such attendance.

      NON-EMPLOYEE DIRECTOR               ABM INDUSTRIES INCORPORATED



      ______________________________      BY _______________________________
Case 2:24-cv-00080-JRG Document 52-7 Filed 09/18/24 Page 1 of 4 PageID #: 1010
Case 2:24-cv-00080-JRG Document 52-7 Filed 09/18/24 Page 2 of 4 PageID #: 1011
Case 2:24-cv-00080-JRG Document 52-7 Filed 09/18/24 Page 3 of 4 PageID #: 1012
Case 2:24-cv-00080-JRG Document 52-7 Filed 09/18/24 Page 4 of 4 PageID #: 1013
Kenneth D. SILLS, Petitioner, v. Anne L. PRECYTHE, Director, Missouri Department of Corrections.

No. 19-5132.

Supreme Court of the United States.

Oct. 7, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
# C_2017212EN.01002501.xml

| 1.7.2017 | EN | Official Journal of the European Union | C 212/25 |
| --- | --- | --- | --- |

1.7.2017

EN

Official Journal of the European Union

C 212/25

---

Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU — Suspension of a deadline

(2017/C 212/13)

On 30 January 2017 the Commission received a request pursuant to Article 35 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (1). The first working day following receipt of the request was 31 January 2017 and the initial period available to the Commission for deciding on this request was of 105 working days.

1

This request, made by Eneco BV, NV Nuon Energy and DONG Energy A/S, concerns production and wholesale of electricity in the Netherlands. The relevant notice was published on page 6 of OJ C 85 of 18 March 2017. The initial deadline was 6 July 2017.

Pursuant to Annex IV, point 2, of Directive 2014/25/EU, the Commission may require the Member State or the contracting entity concerned or the competent independent national authority or any other competent national authority to provide all necessary information or to supplement or clarify information given within an appropriate time limit. On 24 March 2017 the Commission asked the Dutch authorities to provide additional information by 17 April 2017 at the latest.

In the event of late or incomplete answers, the initial deadline shall be suspended for the period between the expiry of the time limit set in the request for information, and the receipt of the complete and correct information.

The final deadline will therefore expire after 53 working days after the receipt of the complete and correct information.

---

(1)  OJ L 94, 28.3.2014, p. 243.

1

---
Daniel B. BOUDETTE, Petitioner, v. Tammy BOUDETTE, nka Tammy Oskerson.

No. 19-8068.

Supreme Court of the United States.

May 26, 2020

Petition for writ of certiorari to the Supreme Court of Montana denied.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

LUFKIN DIVISION

FRANK J. CASTANEDA §

VS. § CIVIL ACTION NO. 9:23cv111

DONALD MUNIZ, ET AL. §

REPORT AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Frank J. Castaneda, an inmate confined at the Wainwright Unit, proceeding pro se,

brought the above-styled action.

The above-styled action was referred to the undersigned magistrate judge pursuant to 28

U.S.C. § 636 and the Local Rules for the Assignment of Duties to the United States Magistrate Judge

for findings of fact, conclusions of law, and recommendations for the disposition of the case.

Discussion

Plaintiff submitted an application to proceed in forma pauperis in this action. A review of

the application revealed plaintiff should pay an initial partial filing fee. Accordingly, on August 3,

2023, plaintiff was ordered to pay an initial partial filing fee of $10.83 within thirty (30) days. 

Plaintiff was notified he would thereafter be required to pay the balance of the $350.00 filing fee. 

Fed. R. Civ. P. 41(b) authorizes the district court to dismiss an action for failure to prosecute

or for failure to comply with any court order. Larson v. Scott, 157 F.3d 1030, 1031 (5th Cir. 1998). 

“This authority [under Rule 41(b)] flows from the court’s inherent power to control its docket and

prevent undue delays in the disposition of pending cases.” Boudwin v. Graystone Ins. Co., 756 F.2d

399, 401 (5th Cir. 1985) (citing Link v. Wabash, R.R. Co., 370 U.S. 626, 629 (1962). 

As of this date, plaintiff has not paid the initial partial filing fee as ordered. Therefore,

plaintiff has failed to diligently prosecute this action. Accordingly, this case should be dismissed

for want of prosecution pursuant to Fed. R. Civ. P. 41(b).

 

Case 9:23-cv-00111-MAC-ZJH Document 7 Filed 09/19/23 Page 1 of 2 PageID #: 28
Recommendation

This case should be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b).

Objections

Within fourteen days after being served with a copy of the magistrate judge’s report, any

party may serve and file written objections to the findings of facts, conclusions of law and

recommendations of the magistrate judge. 28 U.S.C. § 636 (b)(1)(C).

Failure to file written objections to the proposed findings of facts, conclusions of law and

recommendations contained within this report within fourteen days after service shall bar an

aggrieved party from the entitlement of de novo review by the district court of the proposed findings,

conclusions and recommendations and from appellate review of factual findings and legal

conclusions accepted by the district court except on grounds of plain error. Douglass v. United

Services Automobile Association, 79 F.3d 1415, 1417 (5th Cir. 1996) (en banc); 28 U.S.C.

§ 636(b)(1); FED. R. CIV. P. 72.

_________________________

Zack Hawthorn

United States Magistrate Judge SIGNED this 19th day of September, 2023.

Case 9:23-cv-00111-MAC-ZJH Document 7 Filed 09/19/23 Page 2 of 2 PageID #: 29
113TH CONGRESS 

2D SESSION H. CON. RES. 81 

CONCURRENT RESOLUTION 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That in the enrollment of the bill, S. 25, the 

3 Secretary of the Senate shall amend the title so as to read: 

4 ‘‘To ensure that the reduced annual cost-of-living adjust5 ment to the retired pay of members and former members 

6 of the Armed Forces under the age of 62 required by the 

7 Bipartisan Budget Act of 2013 will not 
2 

•HCON 81 EH 

1 apply to members or former members who first became 

2 members prior to January 1, 2014, and for other pur3 poses.’’. 

Passed the House of Representatives February 11, 

2014. 

Attest: 

Clerk. 

113TH CONGRESS 

2D SESSION H. CON. RES. 81 

CONCURRENT RESOLUTION 

Providing a correction in the enrollment of S. 25.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-25-2000
<PERIOD-START>                             JUN-28-1999
<PERIOD-END>                               JUN-25-2000
<CASH>                                           8,705
<SECURITIES>                                         0
<RECEIVABLES>                                   62,173
<ALLOWANCES>                                     3,249
<INVENTORY>                                     52,926
<CURRENT-ASSETS>                               229,776
<PP&E>                                         116,250
<DEPRECIATION>                                  43,032
<TOTAL-ASSETS>                                 481,070
<CURRENT-LIABILITIES>                          105,759
<BONDS>                                        126,144
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           113
<OTHER-SE>                                     164,970
<TOTAL-LIABILITY-AND-EQUITY>                   481,070
<SALES>                                        464,285
<TOTAL-REVENUES>                               464,285
<CGS>                                          374,091
<TOTAL-COSTS>                                  374,091
<OTHER-EXPENSES>                                78,998
<LOSS-PROVISION>                                   854
<INTEREST-EXPENSE>                              15,451
<INCOME-PRETAX>                                (5,109)
<INCOME-TAX>                                     (519)
<INCOME-CONTINUING>                            (4,590)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,590)
<EPS-BASIC>                                     (0.45)
<EPS-DILUTED>                                   (0.45)


</TABLE>