alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2015 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

8-4-2015

Steven Simring v. Rutgers University

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2015

This August is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2015 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Steven Simring v. Rutgers University" (2015). 2015 Decisions. Paper 827.

http://digitalcommons.law.villanova.edu/thirdcircuit_2015/827
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

________________

No. 14-1126

________________

M.D. STEVEN S. SIMRING,

United States of America, ex rel.

v.

RUTGERS, The State University of New Jersey;

UNIVERSITY HOSPITAL; NEW JERSEY MEDICAL SCHOOL;

JAMES LAWLER; JOHN DOES 1-25, (Employees of University of Medicine and 

Dentistry), UMDNJ-University

Hospital and/or New Jersey Medical School; CHAIRMAN OF THE BOARD

UNIVERSITY PHYSICIAN ASSOCIATES;

MICHAEL SAULICH; CATHERINE GIBBONS; UNIVERSITY PHYSICIAN

ASSOCIATES OF NEW JERSEY INC.

M.D. Steven S. Simring,

Appellant

________________

Appeal from the United States District Court

for the District of New Jersey

(D.C. Civil Action No. 3-04-cv-03530)

District Judge: Honorable Peter G. Sheridan

________________

Before: AMBRO, SCIRICA, and ROTH, Circuit Judges

SUR PETITION FOR PANEL REHEARING

__________________________________

The petition for panel rehearing filed by Appellant, Steven Simring, M.D. in the 

above entitled case having been submitted to the judges who participated in the decision 
of this Court, it is hereby ORDERED that the petition for rehearing by the panel is 

granted. The opinion and judgment entered July 7, 2015 are hereby VACATED.1 A 

subsequent opinion and judgment will be issued.

By the Court,

s/ Thomas L. Ambro, Circuit Judge

Dated: August 4, 2015

 

1 As the merits panel has vacated the prior opinion and judgment, action is not required 

by the en banc court.
O'MARA v. HEALTH SERVICES, et al.

No. 414PA07.

Supreme Court of North Carolina.

February 13, 2008.

Wade E. Byrd, Fayetteville, Sally A. Lawing, Greensboro, for O'Mara.

Tamura D. Coffey, Linda L. Helms, Winston-Salem, Amanda B. Palmieri, for Wake Forest Health Sciences, et al.

Burton Craige, Raleigh, for NCATL.

Maria P. Wood, Raleigh, for NCADA.

The following order has been entered on the motion filed on the 11th day of February 2008 by NCADA for leave to file Amicus Curiae Brief:

"Motion Allowed. Unless already submitted, the Amicus Brief shall be submitted to the court within the times allowed and in the manner provided by Appellate Rule 28(i). By order of the Court in conference this the 13th day of February 2008."
felp-ex102_42.htm



Exhibit 10.2

JOINDER TO TRANSACTION SUPPORT AGREEMENT

Each of the undersigned hereby acknowledges that it has reviewed the Transaction Support Agreement (as amended from time to time, the “Agreement”) dated as of May 17, 2016, by and among (i) Foresight Energy GP LLC, a Delaware limited liability company (“FEGP”), (ii) Foresight Energy LLC, a Delaware limited liability company, and Foresight Energy Finance Corporation, a Delaware corporation (collectively, the “Issuers”), certain subsidiaries of the Issuers, and Foresight Energy LP, a Delaware limited partnership (“FELP” and together with the Issuers and their subsidiaries, the “Partnership”) and (iii) each of the noteholders and financial institutions from time to time party thereto (each a “Consenting Noteholder” and, collectively, the “Consenting Noteholders”).1

Each of the undersigned hereby agrees to be a Party to the Agreement, to support the Transaction and consummation thereof, and to negotiate in good faith with the Partnership and the Consenting Noteholders to consummate the Transaction, including by negotiating in good faith amendments to the Transaction Support Agreement, the Transaction Term Sheet, the Definitive Documents and enter into supplemental documentation, in each case, as necessary and appropriate to incorporate the modifications set forth in Exhibit A to the First Amendment to the Transaction Support Agreement, dated as of July 15, 2016.

This joinder agreement shall be governed by the governing law set forth in the Agreement.

Date:  July 17, 2016

Murray Energy Corp.


	
	
 

 By: /s/ Robert D. Murray

	
 

Robert D. Murray

EVP, COO & CFO 




 

Foresight Reserves LP


	
	
 

 By: /s/ John Dickinson

	
 

John Dickinson

Authorized Person




 

	
	 





	
1  
	
Defined terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement.






 

Christopher Cline 


	
	
 

 By: /s/ Christopher Cline

	
 

Christopher Cline

  




 

Cline Resources and Development Company


	
	
 

 By: /s/ John Dickinson

	
 

John Dickinson

Authorized Person
BOWLIN v. CORNERSTONE REALTY TRUST.

No. COA07-224.

Court of Appeals of North Carolina.

Filed January 15, 2008.

Certification Date February 4, 2008.

Appeal from NC Industrial Commission (I.C. 407143).

Case reported without published opinion. Affirmed.
STATE v. McCRIMMON.

No. COA06-456.

North Carolina Court of Appeals.

Filed October 3, 2006

Certification Date October 23, 2006.

Appeal from Moore (05CRS52548, 05CRS52549, 05CRS52607)

Case reported without published opinion. Affirmed.
**EXHIBIT 99.1**

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER****PURSUANT TO****SECTION906 OF THE SARBANES-OXLEY ACT OF 2002****(18 U.S.C. 1350)**

In connection with the Quarterly Report of Wells Real Estate Fund IX, L.P. (the “Registrant”) on Form 10-Q forthe three month period ended September 30, 2002, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, Leo F. Wells, III, Chief Executive Officer of the corporate general partner of theGeneral Partner of the Registrant, hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), that, to the best of his knowledge and beliefs:

         (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 Registrant.

|           |                                                                                          |   |   |   |
|-----------|-----------------------------------------------------------------------------------------------|--------|--------|--------|
| /s/  | LEO F. WELLS,III **Leo F. Wells, III****Chief Executive Officer****November 13, 2002**18 |
STATE v. MILES.

No. COA07-922.

Court of Appeals of North Carolina.

Filed May 6, 2008.

Certification Date May 27, 2008.

Appeal from Cumberland (00CRS53225).

Case reported without published opinion. Judgment vacated.
STATE of North Carolina v. Billy Richard BINGHAM, Jr.

No. 205P07.

Supreme Court of North Carolina.

October 11, 2007.

C. Gary Triggs, for Bingham.

Christopher G. Browning, Jr., Solicitor-General, Jeff Hunt, 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 25th day of April 2007 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 11th day of October 2007."

Upon consideration of the petition filed on the 25th day of April 2007 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 11th day of October 2007."
# Commission Implementing Regulation (EU) No 163/2014Show full title

Commission Implementing Regulation (EU) No 163/2014 of 20 February 2014 establishing the standard import values for determining            the entry price of certain fruit and vegetables         

        - Previous
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U.K.

# Commission Implementing Regulation (EU) No 163/2014                     

# of 20 February 2014

# establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural                           markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1),                        

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application                           of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(2), and in particular Article 136(1) thereof,                        

Whereas:

(1)Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations,                              the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products                              and periods stipulated in Annex XVI, Part A thereto.

(2)The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU)                              No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its                              publication in the *Official Journal of the European Union*,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to                     this Regulation.                  

# Article 2U.K.

This Regulation shall enter into force on the day of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 February 2014.

*For the Commission, On behalf of the President,*                            

Jerzy Plewa                            

*Director-General for Agriculture and Rural Development*                            

## ANNEXU.K.Standard import values for determining the entry price of certain fruit and vegetables

1

OJ L 299, 16.11.2007, p. 1.                           

2

OJ L 157, 15.6.2011, p. 1.
II 

Calendar No. 114 

110TH CONGRESS 

1ST SESSION S. 343 

[Report No. 110–52] 

To extend the District of Columbia College Access Act of 1999. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 22, 2007 

Mr. VOINOVICH (for himself, Mr. BROWNBACK, Mr. AKAKA, Ms. LANDRIEU, 

Mr. WARNER, and Mr. LIEBERMAN) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

APRIL 11, 2007 

Reported by Mr. LIEBERMAN, without amendment 

A BILL 

To extend the District of Columbia College Access Act of 

1999. 

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

3 SECTION 1. 5-YEAR REAUTHORIZATION OF TUITION ASSIST4 ANCE PROGRAMS. 

5 (a) PUBLIC SCHOOL PROGRAM.—Section 3(i) of the 

6 District of Columbia College Access Act of 1999 (sec. 38– 

mstockstill on PROD1PC66 with BILLS

2 

•S 343 RS

1 2702(i), D.C. Official Code) is amended by striking ‘‘each 

2 of the 7 succeeding fiscal years’’ and inserting ‘‘each of 

3 the 12 succeeding fiscal years’’. 

4 (b) PRIVATE SCHOOL PROGRAM.—Section 5(f) of 

5 such Act (sec. 38–2704(f), D.C. Official Code) is amended 

6 by striking ‘‘each of the 7 succeeding fiscal years’’ and 

7 inserting ‘‘each of the 12 succeeding fiscal years’’. 

mstockstill on PROD1PC66 with BILLS

mstockstill on PROD1PC66 with BILLS

Calendar No. 114 

110TH CONGRESS 

1ST SESSION S. 343 

[Report No. 110

–52] 

A BILL 

To extend the District of Columbia College Access 

Act of 1999. 

APRIL 11, 2007 

Reported without amendment 

mstockstill on PROD1PC66 with BILLS
STATE v. Raymond RICHARD.

No. 481P07.

Supreme Court of North Carolina.

November 8, 2007.

LaToya B. Powell, Assistant Attorney General, C. Branson Vickory, III, District Attorney, for State of NC.

The following order has been entered on the motion filed on the 25th day of September 2007 by Defendant for Notice of Appeal:

"Motion Dismissed ex mero motu by order of the Court in conference this the 8th day of November 2007."
RICHARDSON v. BANK OF AMERICA.

No. 240PA07.

Supreme Court of North Carolina.

November 14, 2007.

Amy Pritchard Williams, Charlotte, Walter E. Dellinger, III, Washington, DC, McGlinchey Stafford, Anthony J. Rollo, Daniel T. Plunkett, New Orleans, LA, for NationsCredit Financial.

John Alan Jones, G. Christopher Olson, Raleigh, for Richardson, et al.

Burley B. Mitchell, Jr., Jack L. Cozort, Raleigh, Eileen R. Youens, for N.C. Chamber.

Reed Johnston, Jr., for Consumer Credit Industry Assoc.

Charlene McNulty, for NC Justice Center.

J. Jerome Hartzell, for NCATL.

Stephanie M. Ceccato, for Legal Services of S.Piedmont.

William J. Whalen, for Pisgah Legal Services.

Mallam J. Maynard, for Financial Law Center.

Christopher Browning, Jr., Solicitor General, Philip A. Lehman, M. Lynne Weaver, Assistant Attorney Generals, L. McNeil Chestnut, Special Deputy Attorney General and Counsel to the Commissioner of Banks, Gary E. Govert, Special Deputy Attorney General, for the State.

The following order has been entered on the motion filed on the 9th day of November 2007 by Defendant for Extension of Time to Respond to Amici Curiae Brief:

"Motion Allowed. Defendant (NationsCredit) shall have up to and including the 28th day of November 2007 to file and serve his/her response to Amici Curiae Brief with this Court. By order of the Court in conference this the 14th day of November 2007."
Glenn C. McDOWELL v. FORSYTH MOTOSPORTS, LLC.

No. 396P07.

Supreme Court of North Carolina.

December 6, 2007.

Wayne E. Crumwell, Reidsville, for McDowell.

Henry P. VanHoy, II, for Forsyth Motosports.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Plaintiff on the 8th day of August 2007 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed ex mero motu by order of the Court in conference, this the 6th day of December 2007."

Upon consideration of the petition filed on the 9th day of August 2007 by Plaintiff 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 December 2007."
STATE of North Carolina v. Kenneth William BATES.

No. 456P05-2.

Supreme Court of North Carolina.

October 11, 2007.

Rudolph A. Ashton, III, Kirby H. Smith, III, New Bern, for Bates.

Anita LeVeaux, Assistant Attorney General, C. Branson Vickory, III, District Attorney, for State of NC.

Prior report: 179 N.C.App. 628, 634 S.E.2d 919.

*ORDER*

Upon consideration of the petition filed on the 7th day of November 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 11th day of October 2007."

HUDSON, J., recused.