alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Lennie and Bonnie HAMBY v. PROFILE PRODUCTS, L.L.C., Terra-Mulch Products, L.L.C., Roy D. Hoffman, and Electric Service Group, Inc.

No. 507A06.

Supreme Court of North Carolina.

November 16, 2006.

Joseph W. Moss, Charlotte, for Profile Products.

*467G. Christopher Olson, Raleigh, for Hamby.

Gregory C. York, Charlotte, for Electric Service Group, Inc.

Prior report: ___ N.C.App. ___, 632 S.E.2d 804.

*ORDER*

Upon consideration of the petition for discretionary review, filed by Defendant (Profile Products) on the 15th day of September 2006 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

"Allowed by order of the Court in conference, this the 16th day of November 2006."

Accordingly, the new brief of the Defendant (Profile Products) shall be filed with this Court not more than 30 days from the date of certification of this order.

Defendant (Profile Products) shall forthwith submit an appeal bond to this Court, as provided by Appellate Rule 17(b). The bond may be in cash or by a written undertaking with good and sufficient surety in the sum of $250.00.
STATE of North Carolina v. Christopher John McADAMS.

No. 416P06.

Supreme Court of North Carolina.

January 25, 2007.

Mark Montgomery, Durham, for Mc-Adams.

Q. Shante Martin, Assistant Attorney General, C. Branson Vickory, III, District Attorney, for State of NC.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 8th day of August 2006 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Attorney General, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 25th day of January 2007."

Upon consideration of the petition filed on the 8th day of August 2006 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 25th day of January 2007."

Justice HUDSON recused.
EXHIBIT 32.2

# CERTIFICATION

I, Gregory A. Wells,  Chief Financial  Officer of NTS Realty Capital,  Inc., the managing  general partner
of  NTS  Realty  Holdings  Limited  Partnership  (the  "Company"),   certify,   pursuant  to  Section  906  of  the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

| | 1. | The quarterly report on Form 10-Q of the Company for the period ended September 30,
               2005 (the Report) fully complies with the requirements of Section
               13(a) of the Securities Exchange Act of 1934, as amended; and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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

|Date: November 14, 2005 /s/ Gregory A. Wells
Gregory A. Wells
Chief Financial Officer of 
NTS Realty Capital, Inc., the Managing General Partner of
NTS Realty Holdings Limited Partnership
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

A
signed original of this written statement required by Section 906 has been provided to the
Company and will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.
Exhibit 10.1


 


CUBIST PHARMACEUTICALS, INC.


 


FIRST AMENDMENT


TO


AMENDED AND RESTATED 2000 EQUITY INCENTIVE PLAN


 


This
FIRST AMENDMENT (this “Amendment”) to the
Amended and Restated 2000 Equity Incentive Plan (the “Plan”), of Cubist Pharmaceuticals, Inc., a Delaware corporation
(the “Company”), is adopted by resolution
of the Board of Directors of the Company (the “Board”) pursuant to a
written consent in lieu of a meeting of the Board dated as of August 2,
2005, 2005 (the “Effective Date”).  Effective from and after the Effective Date,
the Plan is hereby amended as follows:


 


1.                                       Section 7.8(c) of
the Plan is hereby deleted and replaced in its entirety with the following:


 


“(c)    No Holder shall be permitted
to effect payment of any amount of the Option Price of the Shares to be
purchased by executing and delivering to the Company a promissory note.”


 


2.                                       Section 8.3(a) of
the Plan is hereby deleted and replaced in its entirety with the following:


 


“(a)    Purchase Price. 
Shares of Restricted Stock shall be issued under the Plan for such
consideration, in cash, other property or services, as is determined by the
Compensation Committee.”


 


3.                                       The
following sentence is hereby added to the end of Section 16 of the Plan:


 


“Notwithstanding
the foregoing, no repricing of outstanding Awards shall be permitted under the
Plan without first receiving approval from the holders of Stock representing
not less than a majority of the then outstanding Shares.”
#### In the Matter of the Arbitration between Greece Central School District, Appellant-Respondent, and Greece Teachers Association, Respondent-Appellant.

[801 NYS2d 221]

Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (David D. Egan, J.), entered November 18, 2004 in a proceeding pursuant to CPLR article 75. The order and judgment vacated part of an arbitration award.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Kehoe, J.P., Gorski, Martoche, Smith and Hayes, JJ.
KARGER v. WOOD.

No. 8A06.

Supreme Court of North Carolina.

February 8, 2006.

James R. Levinson, Benson, for Lisa Karger.

*608The following order has been entered on the motion filed on the 3rd day of February 2006 by Defendant for Extension of Time to File Brief:

"Motion Allowed. Defendant (Richard Kelvin Wood) shall have up to and including the 13th day of February 2006 to file and serve his/her brief with this Court. By order of the Court in conference this the 8th day of February 2006."
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 7120** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v.
KELBY DEVONTA BENJAMIN , Defendant

- Appellant

.

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

. James A. Beaty, Jr., District Judge. ( 1:00

- cr - 00200

- JAB

- 1 )

Submitted : December 12, 2013 Decided: January 10, 2014

Before MOTZ, SHEDD, and FLOYD , Circuit Judges.

Affirmed by un published per curiam opinion

.
Kelby Devonta Benjamin , Appellant Pro Se. Joan Brodish Binkley , Sandra Jane Hairston , Robert Michael Hamilton , Angela Hewlett Miller , Assistant United States Attorneys, Greensboro, North Carolina, for Appellee

.
Unpublished opinions ar e not binding precedent in this circuit.2 PER CURIAM: Kelby Devonta Benjamin appeals the district court ’ s
order denying his 18 U.S.C. § 3582(c) (2006) motion for
reduction of sentence. We have reviewed the record and find no reversible error. Accordingl y, we affirm for the reasons stated by the district court. United States v. Benjamin , No. 1:00

- cr 00200

- JAB

- 1 (M.D.N.C. July 2, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

AFFIRMED
STATE v. STEWARD

No. COA06-685.

Court of Appeals of North Carolina.

Filed June 5, 2007.

Certification Date June 25, 2007.

Appeal from Onslow (05CRS2553, 05CRS50668).

Cases reported without published opinion. No error.
STATE of North Carolina v. Terraine Sanchez BYERS.

No. 69P06.

Supreme Court of North Carolina.

April 6, 2006.

Terraine Sanchez Byers, Pro Se.

David Roy Blackwell, Assistant Attorney General, Peter S. Gilchrist, III, District Attorney, for State of NC.

*ORDER*

Upon consideration of the petition filed on the 30th day of January 2006 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 6th day of April 2006."
**Exhibit
32.1**
 
 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 PLM Income Fund I (the “Fund”), on Form
10-QSB for the period ended March 31, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), the undersigned, the
President of the Manager and of the Fund, hereby certifies pursuant to 18 U.S.C.
§1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
that:
 
 (1)  the
Report of the Fund filed today 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 Fund.
 
 
 
 /s/
James A. Coyne
 James A.
Coyne
 President
of PLM Financial Services, Inc.
 May 10,
2005
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
DATA FOR THE YEAR ENDED DECEMBER 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS. DOLLAR AMOUNTS IN THOUSANDS, EXCEPT
EARNINGS PER SHARE.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           2,510
<SECURITIES>                                         0
<RECEIVABLES>                                    2,768
<ALLOWANCES>                                       316
<INVENTORY>                                        396
<CURRENT-ASSETS>                                 6,454
<PP&E>                                           6,643
<DEPRECIATION>                                   3,559
<TOTAL-ASSETS>                                  26,312
<CURRENT-LIABILITIES>                            3,941
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      4,652
<COMMON>                                            60
<OTHER-SE>                                      13,529
<TOTAL-LIABILITY-AND-EQUITY>                    26,312
<SALES>                                         15,291
<TOTAL-REVENUES>                                15,291
<CGS>                                            8,781
<TOTAL-COSTS>                                    8,781
<OTHER-EXPENSES>                                13,937
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 (7)
<INCOME-PRETAX>                                (7,420)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (7,448)
<DISCONTINUED>                                   1,657
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,791)
<EPS-PRIMARY>                                   (1.16)
<EPS-DILUTED>                                   (1.16)
        

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

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
STATEMENT OF CONDITION AND THE STATEMENT OF OPERATION FOR THE PERIOD ENDED MARCH
31, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                           1,997
<INT-BEARING-DEPOSITS>                             724
<FED-FUNDS-SOLD>                                 5,550
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                          65,277
<INVESTMENTS-MARKET>                            63,693
<LOANS>                                        451,263
<ALLOWANCE>                                      3,042
<TOTAL-ASSETS>                                 565,336
<DEPOSITS>                                     438,820
<SHORT-TERM>                                    49,000
<LIABILITIES-OTHER>                              9,908
<LONG-TERM>                                     25,991
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            44
<OTHER-SE>                                      41,573
<TOTAL-LIABILITIES-AND-EQUITY>                 565,336
<INTEREST-LOAN>                                 27,567
<INTEREST-INVEST>                                2,315
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                29,882
<INTEREST-DEPOSIT>                              13,595
<INTEREST-EXPENSE>                              16,757
<INTEREST-INCOME-NET>                           13,125
<LOAN-LOSSES>                                      450
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  7,779
<INCOME-PRETAX>                                  6,896
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,599
<EPS-BASIC>                                       1.06
<EPS-DILUTED>                                     1.02
<YIELD-ACTUAL>                                   3.270
<LOANS-NON>                                      6,773
<LOANS-PAST>                                       196
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 2,630
<CHARGE-OFFS>                                       38
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                3,042
<ALLOWANCE-DOMESTIC>                             3,042
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          3,042


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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF TEL-COM WIRELESS CABLE TV FOR THE THREE MONTHS ENDED
MARCH 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          35,636
<SECURITIES>                                         0
<RECEIVABLES>                                   15,398
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               807,038
<PP&E>                                       1,696,620
<DEPRECIATION>                                 270,682
<TOTAL-ASSETS>                               7,747,744
<CURRENT-LIABILITIES>                        2,298,520
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          3
<COMMON>                                         2,196
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 4,497,745
<SALES>                                        226,108
<TOTAL-REVENUES>                               226,108
<CGS>                                           37,253
<TOTAL-COSTS>                                   37,253
<OTHER-EXPENSES>                               691,495
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              61,684
<INCOME-PRETAX>                               (564,324)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (564,324)
<EPS-PRIMARY>                                     (.33)
<EPS-DILUTED>                                     (.33)
        

</TABLE>
STATE of North Carolina v. Lacy Douglas HOCUTT.

No. 297A06.

Supreme Court of North Carolina.

December 14, 2006.

John Keating Wiles, Raleigh, for Lacy Douglas Hocutt.

Edwin W. Welch, Special Deputy Attorney General, Thomas H. Lock, District Attorney, for State of NC.

Prior report: ___ N.C.App. ___, 628 S.E.2d 832.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 6th day of June 2006 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack *5of substantial constitutional question filed by the Attorney General, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 14th day of December 2006."
Christina M. BINNEY v. BANNER THERAPY PRODUCTS and Employment Security Commission of North Carolina.

No. 431A06.

Supreme Court of North Carolina.

March 8, 2007.

Sharon A. Johnston, Huntsville, AL, for Employment Security Commission.

*2Edward L. Bleynat, Jr., Asheville, Susan L. Evans, for Binney.

*ORDER*

Upon consideration of the petition for discretionary review, filed by Respondent (ESC) on the 16th day of August 2006 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

"Allowed by order of the Court in conference, this the 8th day of March 2007."

Accordingly, the new brief of the Respondent (ESC) shall be filed with this Court not more than 30 days from the date of certification of this order.
STATE v. LOCKLEAR.

No. COA05-1021.

North Carolina Court of Appeals.

Filed October 3, 2006

Certification Date October 23, 2006.

Appeal from Robeson (00CRS53186, 00CRS53189, 00CRS53665)

Case reported without published opinion. No error.
STATE v. Alton BORDEN.

No. 134P06.

Supreme Court of North Carolina.

April 6, 2006.

William P. Hart, Senior Deputy Attorney General, Thomas H. Lock, District Attorney, for State.

The following order has been entered on the motion filed on the 13th day of March 2006 by Defendant for Relief:

*135"Motion Dismissed by order of the Court in conference this the 6th day of April 2006."
STATE of North Carolina v. James MEYNARADIE.

No. 446PA05.

Supreme Court of North Carolina.

December 19, 2006.

Robert C. Montgomery, Assistant Attorney General, Seth Edwards, District Attorney, for State.

Daniel F. Read, Durham, for James Meynaradie.

Prior report: 172 N.C.App. 127, 616 S.E.2d 21.

*ORDER*

Upon consideration of the petition filed on the 16th day of August 2005 by Attorney General in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 19th day of December 2006."

Upon consideration of the petition filed by Attorney General on the 16th day of August 2005 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 19th day of December 2006."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).