alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SANDHILL AMUSEMENTS, INC. and Gift Surplus, LLC v. STATE of North Carolina, EX REL. Roy COOPER, Governor, in his official capacity; Branch Head of the Alcohol Law Enforcement Branch of the State Bureau of Investigation, Mark J. Senter, in his official capacity; Secretary of The North Carolina Department of Public Safety, Erik A. Hooks, in his official capacity; and Director of the North Carolina State Bureau of Investigation, Bob Schurmeier, in his official capacity

No. 363A14-3

Supreme Court of North Carolina.

April 5, 2018

S. C. Kitchen, Attorney at Law, Chapel Hill, for Miller, Hans J. (in his official capacity)

George B. Hyler, Jr., Attorney at Law, Asheville, Stephen P. Agan, Attorney at Law, for Gift Surplus, LLC.

Michael A. Grace, Attorney at Law, Christopher R. Clifton, Attorney at Law, Winston-Salem, Elizabeth Brooks Scherer, Attorney at Law, Raleigh, Kip David Nelson, Attorney at Law, Greensboro, for Sandhill Amusements, Inc.

Hal F. Askins, Special Deputy Attorney General, J. Joy Strickland, Assistant Attorney General, for Senter, Mark J. (Branch Head) (in his official capacity)

Sean F. Perrin, Attorney at Law, Charlotte, James R. Morgan, Jr., Attorney at Law, Winston-Salem, for Sheriff of Onslow County, North Carolina, et al.

*ORDER*

The following order was entered:

Plaintiffs' Motion to Withdraw Pending Petitions, filed on 9 March 2018, is allowed as to plaintiffs' Petition for Writ of Certiorari, filed on 30 October 2017, and as to plaintiffs' Petition for Writ of Supersedeas, filed on 30 October 2017.

Plaintiffs' Motion to Vacate as Moot the 13 October 2017 order of the Court of Appeals allowing petitioners' 21 September 2017 Petition for Writ of Prohibition is remanded to the Court of Appeals of North Carolina for its consideration.

By special order of the Court in Conference, this the 5th day of April 2018.

Ervin, J. recused.
#### In re Pamela Ann DAVIS.

No. 2003-B-1018.

Supreme Court of Louisiana.

June 27, 2003.

ATTORNEY DISCIPLINARY PROCEEDINGS

hPER CURIAM.

This matter arises from a petition for consent discipline filed by respondent, Pamela Ann Davis, an attorney licensed to practice law in Louisiana. For her misconduct, which involves her failure to timely pay a third-party medical provider, respondent proposed that she be suspended from the practice of law for one year, fully deferred, subject to an eighteen-month period of probation with conditions. The Office of Disciplinary Counsel (“ODC”) concurred in respondent’s petition, and the disciplinary board recommended the proposed discipline be accepted.

It is the decision of this court that the petition for consent discipline be accepted. Accordingly, we will impose a fully deferred suspension, subject to probation with the conditions set forth in the petition for consent discipline.

DECREE

Upon review of the petition for consent discipline, the findings and recommendation of the disciplinary board, and considering the record filed herein, it is ordered that Pamela Ann Davis, Louisiana Bar Roll number 25377, be suspended from the practice of law in Louisiana for a period of *987one year. It is further ordered that said suspension shall be fully deferred, subject to respondent’s successful completion of an eighteen-month period of probation governed by the conditions set forth in the petition for consent discipline. Any violation of the conditions of probation or any | pother misconduct during the probationary period may be grounds for making the deferred portion of the suspension execu-tory, or imposing additional discipline, as appropriate. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, § 10.1, with legal interest to commence thirty days from the date of finality of this court’s judgment until paid.

VICTORY and TRAYLOR, JJ., would reject consent discipline.
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

I, David Gao, Chief Executive Officer of BMP SUNSTONE Corporation (the Company), hereby
certify that, based on my knowledge:

(1) The Companys Quarterly Report on Form 10-Q for the quarter ended June 30, 2009
(the Form 10-Q) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

(2) The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.

|                       
|-----------------------
|                       
|/s/ DAVID GAO          
|David Gao              
|Chief Executive Officer
|August 10, 2009
#### Laura Butler, Appellant, v New York City Transit Authority et al., Respondents.

[718 NYS2d 868]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated March 24, 2000, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The defendants submitted evidence in admissible form demonstrating prima facie that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and the plaintiff failed to come forward with competent evidence to raise an issue of fact (see, *Scheer v Koubek,*70 NY2d 678; *Smith v Askew,*264 AD2d 834; *Carroll v Jennings,*264 AD2d 494; *Kauderer v Penta,*261 AD2d 365; *Lobo v Singh,*259 AD2d 523; *Hausman v Gourville,*248 AD2d 674; *Ryan v Xuda,*243 AD2d 457). Accordingly, the'Supreme Court properly granted the defendants’ motion for summary judgment. S. Miller, J. P., McGinity, Luciano and Smith, JJ., concur.
STATE of North Carolina v. Robert Thomas GREENE

No. COA17-916

Court of Appeals of North Carolina.

Filed: June 19, 2018

VACATED. REMANDED IN PART. REMANDED FOR CORRECTION OF A CLERICAL ERROR IN PART.
STATE v. Quintel Martinez AUGUSTINE

130A03-2

Supreme Court of North Carolina.

July 20, 2018

Gretchen Engel, James E. Ferguson, II, Attorneys at Law, for Augustine, Quintel Martinez.

Danielle Marquis Elder, Special Deputy Attorney General, Jonathan P. Babb, Special Counsel to Attorney General, for State of N.C.

Grady Jessup, Attorney at Law, for N.C. Association of Black Lawyers.

Lisa A. Bakale-Wise, Irving Joyner, Attorneys at Law, for N.C. State Conference of the NAACP.

Edward Joseph Blocher, Jr., Attorney at Law, for Social Scientists.

Janet Moore, Attorney at Law, for National Association for Public Defense.

Robert P. Mosteller, Attorney at Law, for Professors John Charles Boger & Robert P. Mosteller.

Carlos E. Mahoney, Attorney at Law, for NAACP Legal Defense and Educational Defense Fund, Inc.

Jin Hee Lee, W. Kerrel Murray, Attorneys at Law, Pro Hac Vice, for NAACP Legal Defense and Educational Defense Fund, Inc.

Cynthia F. Adcock, Attorney at Law, for N.C. Council of Churches.

Burton Craige, Attorney at Law, for N.C. Advocates for Justice.

Jeremy M. Falcone, Attorney at Law, for Former State and Federal Prosecutors.

William R. West, District Attorney, for State.

The following order has been entered on the motion filed on the 17th of July 2018 by Former State and Federal Prosecutors to Not Require the Payment of Additional Pro Hac Vice Fees:

"Motion Denied by order of the Court in conference, this the 20th of July 2018."

Ervin, J. recused
[Federal Register Volume 70, Number 21 (Wednesday, February 2, 2005)]
[Notices]
[Page 5487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1988]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Portland Cement Association

    Notice is hereby given that, on January 10, 2005, pursuant to 
section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), the Portland Cement 
Association (``PCA'') has filed written notifications simultaneously 
with the Attorney General and the Federal Trade Commission disclosing 
changes in its membership. The notifications were filed for the purpose 
of extending the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances. 
Specifically, Titan America LLC, Norfolk, VA has been added as a Member 
of PCA.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and PCA intends to file additional 
written notification disclosing all changes in membership.
    On January 7, 1985, PCA filed its original notification pursuant to 
Section 6(a) of the Act. The Department of Justice published a notice 
in the Federal Register pursuant to section 6(b) of the Act on February 
5, 1985 (50 FR 5015).
    The last notification was filed with the Department on August 9, 
2004. A notice was published in the Federal Register pursuant to 
section 6(b) of the Act on August 30, 2004 (69 FR 52932).

Dorothy B. Fountain,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 05-1988 Filed 2-1-05; 8:45 am]
BILLING CODE 4410-11-M
#### In the Matter of Casey D. CLOYD.

No. 49S00-0307-DI-313.

Supreme Court of Indiana.

Sept. 8, 2003.

ORDER APPROVING STATEMENT OF CIRCUMSTANCES AND CONDITIONAL AGREEMENT FOR DISCIPLINE

Pursuant to Ind.Admission and Discipline Rule 28, Section 11, the Indiana Supreme Court Disciplinary Commission and the respondent have submitted for approval a Statement of Circumstances and Conditional Agreement for Discipline stipulating a proposed discipline and agreed facts as summarized below:

Facts: On June 27, 2002, the Marion County Prosecutor's Office filed a criminal case against the respondent charging him with false reporting as a class A misdemeanor. The charges arose after the respondent, in connection with an Indiana State Police investigation into harassing telephone calls, untruthfully advised the state police that he had ceased dating a certain individual, when in fact the respondent was still dating the person. The charges were eventually dismissed after the respondent admitted the charges and agreed to participate in a behavior modification program.

Violations: - The respondent violated Ind.Professional Conduct Rule 8.4(b), which provides that a lawyer shall not commit a criminal act which reflects adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects. He also violated Prof.Cond.R. 8.4(c), which prohibits a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Discipline: Public reprimand.

*1089The Court, having considered the submission of the parties, now APPROVES and ORDERS the agreed discipline. Costs of this proceeding are assessed against the respondent. The Clerk is directed to provide notice of this order to all parties as directed by Admis.Disc.R. 23(8)(d).

All Justices concur.
#### Marilyn Tobias, PhD, Appellant, v New York Hospital et al., Respondents.

[719 NYS2d 563]

Order, Supreme Court, New York County (Stanley Sklar, J.), entered April 20, 1999, which transferred this action to the Civil Court of the City of New York, unanimously affirmed, without costs.

Transfer from Supreme Court to Civil Court was appropriate in this case (CPLR 325 [d]; 22 NYCRR 202.13). Plaintiff will sustain no prejudice by reason of the transfer. The action was commenced in the Supreme Court and it is the monetary jurisdiction of that court that will govern any recovery (CPLR 325 [d]; *Samuels v Cauldwell-Wingate Co.,*262 AD2d 178). We have examined plaintiff’s remaining contentions and find them unavailing. Concur — Sullivan, P. J., Rosenberger, Tom, Ellerin and Friedman, JJ.
JAMBA, INC.


NOTICE OF GRANT OF RESTRICTED STOCK UNITS


 


The Participant has been granted an award
of Restricted Stock Units (the “Award”) pursuant to the 2013 Equity Incentive Plan of Jamba, Inc. (the
“Plan”), each of which represents the right to receive on the applicable Settlement Date one (1) share
of the common stock of Jamba, Inc. (the “Company”) for each Vested Unit, as follows:


 


	Participant:	________________________________	Grant Number	 	_____________________
	 	 	 	 	 
	Date of Grant:	________________________________	Vesting 

Commencement 

Date	 	_____________________
	 	 
	Total Number of Restricted Stock Units:	___________________________, subject to adjustment as provided by the Restricted Stock Units Agreement.
	 	 
	Settlement Date:	Except as otherwise provided in the Restricted Stock Units Agreement and the Plan, for each Restricted Stock Unit, the date on which such unit becomes a Vested Unit in accordance with the vesting schedule set forth below.
	 	 
	Vested Units:	[Insert Vesting Schedule and Other Vesting Conditions] 
	 	 
	Superseding Agreement:	None/_______________.  To the extent that a Superseding Agreement is listed, to the extent that such Superseding Agreement provides for more beneficial vesting terms, then, notwithstanding anything in this Grant Notice or the Restricted Stock Units Agreement to the contrary, the provisions of that Superseding Agreement shall govern.


 


By their signatures below or by electronic
acceptance or authentication in a form authorized by the Company, the Company and the Participant agree that the Award is governed
by this Notice and by the provisions of the Plan and the Restricted Stock Units Agreement, both of which are made a part of this
document. The Participant acknowledges that copies of the Plan, Restricted Stock Units Agreement and the prospectus for the Plan
are available on the Company’s internal web site and may be viewed and printed by the Participant for attachment to the Participant’s
copy of this Grant Notice. The Participant represents that the Participant has read and is familiar with the provisions of the
Plan and Restricted Stock Units Agreement, and hereby accepts the Award subject to all of their terms and conditions.


 


	JAMBA, INC.	 	PARTICIPANT
	 	 	 
	By:	 	 	 
	 	 	Signature
	 	 	 
	 	 	Date
	Address:	 	 	 
	 	 	 	Address
STATE of North Carolina v. Amanda Gayle REED

No. 331A16

Supreme Court of North Carolina.

May 9, 2018

Melody R. Hairston, Special Deputy Attorney General, Derrick Mertz, Assistant Attorney General, Ernie Lee, District Attorney, for State of North Carolina

Mark R. Sigmon, Attorney at Law, Raleigh, for Reed, Amanda Gayle

***ORDER***

Upon consideration of the conditional petition filed by Defendant on the 13th of March 2018 in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed as moot by order of the Court in conference, this the 9th of May 2018."
Michelle KISH, Employee, Plaintiff, v. FRYE REGIONAL MEDICAL CENTER, Employer, Self-insured (Sedgwick Claims Management Services, Inc., Third-Party Administrator), Defendant.

No. COA17-1314

Court of Appeals of North Carolina.

Filed: May 15, 2018

AFFIRMED.
STATE v. Quintel Martinez AUGUSTINE

130A03-2

Supreme Court of North Carolina.

June 22, 2018

Ms. Gretchen Engel, Durham, Attorney at Law, for Augustine, Quintel Martinez

Mr. James E. Ferguson, II, Charlotte, Attorney at Law, for Augustine, Quintel Martinez

Ms. Danielle Marquis Elder, Special Deputy Attorney General, for State of N.C.

Mr. Jonathan P. Babb, Special Counsel to Attorney General, for State of N.C.

Mr. William R. West, District Attorney, for State

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 22nd of June 2018 by Defendant:

"Motion Allowed by order of the Court in conference, this the 22nd of June 2018."

Defendant shall have up to and including the 16th day of July 2018 to file and serve his/her brief with this Court.
STATE of North Carolina v. Howard Earl BATES, Defendant.

No. COA17-970

Court of Appeals of North Carolina.

Filed: August 21, 2018

NO ERROR.
[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Notices]
[Page 58239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19961]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service


Cape Cod National Seashore, South Wellfleet, MA; Cape Cod 
National Seashore Advisory Commission; Two Hundred Fifty-Fifth Notice 
of Meeting

    Notice is hereby given in accordance with the Federal Advisory 
Committee Act (Pub. L. 92-463, 86 Stat. 770, 5 U.S.C. App 1, Section 
10), that a meeting of the Cape Cod National Seashore Advisory 
Commission will be held on December 5, 2005.
    The Commission was reestablished pursuant to Public Law 87-126 as 
amended by Public Law 105-280. The purpose of the Commission is to 
consult with the Secretary of the Interior, or her designee, with 
respect to matters relating to the development of Cape Cod National 
Seashore, and with respect to carrying out the provisions of sections 4 
and 5 of the Act establishing the Seashore.
    The Commission members will meet at 1 p.m. in the meeting room at 
Headquarters, Marconi Station, Wellfleet, Massachusetts for the regular 
business meeting to discuss the following:

1. Adoption of Agenda
2. Approval of Minutes of Previous Meeting (September 26, 2005)
3. Reports of Officers
4. Reports of Subcommittees
5. Superintendent's Report
    Salt Pond Visitor Center Update
    Highlands Center Update
    Update on Dune Shack Report
    ORV's
    Herring River Restoration Project
    Wilderness Areas
    Wind Turbines/Cell Towers
    News from Washington
6. Old Business
7. New Business
8. Date and agenda for next meeting
9. Public comment and
10. Adjournment

    The meeting is open to the public. It is expected that 15 persons 
will be able to attend the meeting in addition to Commission members.
    Interested persons may make oral/written presentations to the 
Commission during the business meeting or file written statements. Such 
requests should be made to the park superintendent at least seven days 
prior to the meeting. Further information concerning the meeting may be 
obtained from the Superintendent, Cape Cod National Seashore, 99 
Marconi Site Road, Wellfleet, MA 02667.

    Dated: September 27, 2005.
George E. Price, Jr.,
Superintendent.
[FR Doc. 05-19961 Filed 10-4-05; 8:45 am]
BILLING CODE 4312-52-P
In the MATTER OF: S.C.N.C., C.X.D.T., Minor children.

No. COA17-1202

Court of Appeals of North Carolina.

Filed: April 17, 2018

AFFIRMED.
#### Solomon MUSTOPHER, Appellant, v. STATE of Florida, Appellee.

No. 2D03-2215.

District Court of Appeal of Florida, Second District.

Sept. 19, 2003.

PER CURIAM.

The order summarily denying appellant’s motion for DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853 on grounds that it is facially insufficient is affirmed without prejudice to appellant’s filing a facially sufficient motion with the circuit court.

Affirmed without prejudice.

NORTHCUTT, DAVIS, and VILLANTI, JJ., concur.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

File Name: 08a0307n.06

Filed: May 29, 2008

No. 07-5782

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

CLESSIE MEADOR, et al., 

Plaintiffs-Appellants,

v. 

HOUCHENS INDUSTRIES, INC., et al.

Defendant-Appellee.

)

)

)

)

)

)

)

)

)

)

)

)

ON APPEAL FROM THE UNITED

STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF KENTUCKY

Before: NORRIS, GIBBONS, and GRIFFIN, Circuit Judges.

PER CURIAM. Plaintiff-appellant Clessie Meador sustained injuries in a grocery store

when soft drinks fell on top of him. He and his wife, Sondra Meador, sued defendant-appellee

Indiana Insurance Company, the grocery store’s insurance provider. He argues that the insurance

company violated the Kentucky Unfair Claims Settlement Practices Act by failing to pay his claim

in good faith. 

Having reviewed the parties’ briefs and the applicable law and having had the benefit of oral

argument, we conclude that a panel opinion further addressing the issues raised would serve no

jurisprudential purpose. Therefore, on the grounds identified by the district court, we affirm the

district court’s judgment in favor of Indiana Insurance Company.
[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Notices]
[Page 57601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19691]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

[Request for Application (RFA) AA211]


Support for Programs Designed To Reduce the Impact of HIV in 
Southern Sudan, Under the President's Emergency Plan for AIDS Relief; 
Notice of Availability of Funds--Amendment

    A notice announcing the availability of Fiscal Year (FY) 2006 funds 
for a cooperative agreement for Support for Programs Designed to Reduce 
the Impact of HIV in Southern Sudan under the President's Emergency 
Plan for AIDS Relief, was published in the Federal Register, September 
7, 2005, Volume 70, Number 172, pages 53216-53224. This notice is 
amended as follows:
    <bullet> Page 53216, Application deadline: delete September 29, 
2005 and replace with October 17, 2005
    <bullet> Page 53221, Application deadline date: delete September 
29, 2005 and replace with October 17, 2005

    Dated: September 26, 2005.
William P. Nichols,
Director, Procurement and Grants Office, Centers for Disease Control 
and Prevention, U.S. Department of Health and Human Services.
[FR Doc. 05-19691 Filed 9-30-05; 8:45 am]
BILLING CODE 4163-18-P
[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Notices]
[Page 57617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19733]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Indian Gaming

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of Class III Gaming Compacts taking effect.

-----------------------------------------------------------------------

SUMMARY: Notice is given that the Tribal-State compact between the 
Thlopthlocco Tribal Town and the State of Oklahoma, and the Tribal-
State compact between the Ponca Tribe of Oklahoma and the State of 
Oklahoma are considered to have been approved and are in effect.

DATES: Effective October 3, 2005.

FOR FURTHER INFORMATION CONTACT: George T. Skibine, Director, Office of 
Indian Gaming Management, Office of the Deputy Assistant Secretary--
Policy and Economic Development, Washington, DC 20240, (202) 219-4066.

SUPPLEMENTARY INFORMATION: Under Section 11(d)(7)(D) of the Indian 
Gaming Regulatory Act of 1988 (IGRA), Public Law 100-497, 25 U.S.C. 
2710, the Secretary of the Interior must publish in the Federal 
Register notice of any Tribal-State compact that is approved, or 
considered to have been approved for the purpose of engaging in Class 
III gaming activities on Indian lands. The Acting Principal Deputy 
Assistant Secretary-Indian Affairs, Department of the Interior, through 
his delegated authority did not approve or disapprove these compacts 
before the date that is 45 days after the date these compacts were 
submitted. These compacts authorize these Indian tribes to engage in 
certain Class III gaming activities, provides for certain geographical 
exclusivity, limits the number of gaming machines at existing 
racetracks, and prohibits non-tribal operation of certain machines and 
covered games. Therefore, pursuant to 25 U.S.C. 2710(d)(7)(C), these 
compacts are considered to have been approved, but only to the extent 
they are consistent with IGRA.

    Dated: September 20, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 05-19733 Filed 9-30-05; 8:45 am]
BILLING CODE 4310-4N-P