alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Russ Carroll BRYAN v. Suzanne DAILEY

No. 249P18

Supreme Court of North Carolina.

December 5, 2018

Michael P. Kepley, Attorney at Law, K. Edward Greene, Attorney at Law, Tobias S. Hampson, Attorney at Law, Raleigh, for Bryan, Russ Carroll.

LeeAnne Quattrucci, Attorney at Law, for Dailey, Suzanne.

***ORDER***

Upon consideration of the petition filed on the 7th of August 2018 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 5th of December 2018."
EX-10.1



 Exhibit 10.1 

 
 



 
 May 21, 2013 
 Ms. Dawn Zier 
 [Address redacted] 
 Dear Dawn: 
 This letter agreement (this “Agreement”) reflects the
commitment of NutriSystem, Inc. (the “Company”) to pay you a cash bonus on the terms herein set forth. 
 Subject to
your continued employment with the Company through November 15, 2014 (the “Vesting Date”), you will receive a cash bonus equal to $70,894.56 (the “Bonus”). The Bonus will be paid to you within 45
days following the Vesting Date. 
 If, prior to the Vesting Date, your employment with the Company ceases under circumstances that result in
the accelerated vesting of your inducement stock option grant (as described in the letter agreement between the Company and you dated November 1, 2012 (the “Employment Agreement”)), then subject to your satisfaction of
the conditions required for such accelerated option vesting (i.e., timely execution of a release and compliance with certain restrictive covenants), the Bonus will be paid to you within 45 days following your cessation of employment; provided that
if such 45 day period begins in one taxable year and ends in a second taxable year, the Bonus will not be paid to you until the second taxable year. Except as otherwise provided in the preceding sentence, if your employment ceases for any reason
prior to the Vesting Date, you will forfeit any right to the Bonus. 
 Any payments made under this Agreement will be subject to tax withholding
to the extent required by applicable law. This Agreement is governed by Pennsylvania law, without regard to the principles of conflicts of laws. Nothing contained in this Agreement shall be construed as giving you any right to be retained in the
employ or service of the Company or any of its subsidiaries for any particular period of time. This Agreement may not be modified in any way except by a written amendment executed by you and a duly authorized representative of the Company.

 To indicate your agreement with the foregoing, please sign and date this letter in the space provided below and return it to me. Please
retain a copy for your records. 
  

	
	Sincerely,
	
	 /s/ Ralph J. Mauro

	Ralph J. Mauro
	Senior VP & General Counsel


 Agreed and accepted on May 21, 2013: 

 

	
	 /s/ Dawn Zier

	Dawn Zier
#### Alice *W.*Smith, *Appellant,*v. H. J. Mobley, *Appellee.*

Division B.

Opinion Filed April 26, 1928.

*Arthur L. Auvil*and *W. M. Larkin,*for Appellant;

*B. B. Sturkie,*for Appellee.

Per Curiam.

In this case a final decree involving an an accounting as an incident to substantive relief, was rendered by a judge of one circuit sitting in another circuit. A rehearing was granted and a decree awarding an increased amount to the defendant was made by another circuit judge. An appeal was taken from the latter decree. It does not appear that the petition for rehearing was filed within thirty days from the time of pronouncing the decree as required by the statute, Section 3165 Rev. Gen. Stats. 1920 and Rule 90 Equity Rules. But assuming that it was duly filed since it was granted, there appears to be no good ground for granting it. The petition for rehearing states that certain specified items were not allowed by the decree though they were “proved by undisputed testimony.” A consideration of the testimony relative to the *830items referred to does not show that the first judge overlooked items or that he clearly erred in not including them if they were in fact excluded by the decree. If the defendant was aggrieved by the decree he should have appealed instead of presenting the same record to another circuit judge on a petition for rehearing which does not clearly present matters that should be adjudicated by another judge of equal jurisdiction.

Reversed.

Whitfield, P. J., and Terrell and Buford, J. J., concur.

Ellis, C. J., and Strum and Brown, J. J., concur in the opinion and judgment.
[Federal Register Volume 70, Number 195 (Tuesday, October 11, 2005)]
[Notices]
[Page 59030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20443]


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

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD


Sunshine Act Meeting

    In connection with its investigation into the cause of an explosion 
and fire which occurred at BP's Texas City refinery on March 23, 2005, 
the United States Chemical Safety and Hazard Investigation Board (CSB) 
announces that it will convene a community meeting starting at 6 p.m. 
local time on Thursday, October 27, 2005, at the Charles T. Doyle 
Convention Center, 2010 5th Avenue North, Texas City, Texas 77590. At 
the meeting CSB staff will present to the Board the preliminary results 
of their investigation into this incident. There will be a public 
comment period after the investigators' presentation.
    At approximately 1:20 p.m. on Wednesday, March 23rd, a series of 
explosions occurred at the BP Texas City refinery during the restarting 
of a hydrocarbon isomerization unit. Fifteen workers were killed and 
about 170 others were injured. Many of the victims were in or around 
work trailers located near a blowdown drum and stack that were open to 
the atmosphere. The explosions occurred when a distillation tower 
flooded with hydrocarbons and was over pressurized, resulting in a 
release of flammable hydrocarbons from the blowdown stack. After the 
staff presentation, the Board will allow a time for public comment. 
Following the conclusion of the public comment period, the Board will 
consider whether the preliminary facts presented necessitate any 
recommendations prior to the final completion of the Board's 
investigative report.
    All staff presentations are preliminary and are intended solely to 
allow the Board to consider in a public forum the issues and factors 
involved in this case. No factual analyses, conclusions or findings 
should be considered final. Only after the Board has considered a final 
staff presentation and approved the staff report next year will there 
be an approved final record of this incident.
    The meeting will be open to the public. Please notify CSB if a 
translator or interpreter is needed, at least 5 business days prior to 
the public meeting. For more information, please contact the Chemical 
Safety and Hazard Investigation Board at (202) 261-7600, or visit our 
Web site at: http://www.csb.gov.

Christopher W. Warner,
General Counsel.
[FR Doc. 05-20443 Filed 10-6-05; 2:28 pm]
BILLING CODE 6350-01-P
2006 D e c i sion s O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit

11-27-2006 

# J o seph v . Atty Ge n U SA
P r e c e de n t i al or N on-P r e c e de n t i al : P r e c e de n t i al D ocke t N o . 05-1047

F o l low thi s a nd a dd it ion al work s at : h tt p://d i git alc ommon s .l a w . vi l l a no va . e du/thir dc ir c uit_2006

Thi s de c i sion i s br ou gh t t o you for f r e e a nd ope n a c c e s s b y the O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit at V i l l a no va U nive r sity S choo l of L a

w Di git al Re posit or y

. It h as be e n a c c e pt e d for inclusion in 2006 D e c i sion s b y a n author i z e d a dmini s tr at or of V i l l a no va U nive r sity S choo l of L a

w Di git al Re posit or y

. F or mor e inform at ion, p le as e c on t a ct Be n j amin
. C a rl s on@l a

w . vi l l a no va . e du

. Re c omme nde d C it at ion

" J os e p h v . Atty Ge n U SA" (2006). 2006 D e cisio n s . P ape r 137. h tt p://d i git alc ommon s .l a

w . vi l l a no va . e du/thir dc ir c uit_2006/137U N IT E D S T A T E S C O U R T O F A P P E A L S F O R T H E T H IR D C IR C U IT N ovem ber 16, 2006 N os . 05- 1047 & 05- 2889 W arre n H i l ari on E ust a Jos eph, P et i t i oner v. A ttor n ey G en U S A , R esp o n d en t (A g en cy N o . A 4 1 -09 0 -46 8 )

P res ent : SM I T H , W E I S, R O T H , C i rcui t Judges 1. M ot i on byPet i t i onert o A m end O pi ni on.

/ s/C arm el l a L

. W el l s O pi ni on & Judgm ent f i l ed 10/ 02/ 06 C ar m el l a L. W el l s 267- 299- 4928 M andate t o i s s ue on 11/ 24/ 06 C as e M anage r

O R D E R
T h e fo r e g o in g m o ti o n is g r a n te d . T h e o p inion fi led o n O cto b er 2 , 2 0 0 6 is am en d ed a s follow s: O n P age 9, L i ne 4 d e le te th e w o r d s “ fo r tw e n ty y e a r s .”

B y th e C o u rt,

s /W EIS U ni t ed St at es C i rcui t Judge D at e d: N ovember 27, 2006
**Exhibit 12**
**American Cellular Corporation****Computation of Ratio of Earnings to FixedCharges****(Unaudited)**                          **Period from****Formation****The Predecessor Company****(June 23, 2003)****Year Ended****Year Ended****to****Period from****Year Ended****Year Ended****December 31,****December 31,****December 31,****January 1, 2003 to****December 31,****December 31,****2005****2004****2003****August 18, 2003****2002****2001****Earnings:**                        Loss from continuing operations     $(4,666,095) $(25,700,959) $(4,348,646) $2,338,639  $(813,574,954) $(136,223,530 Income tax (benefit) expense      (3,552,897)  (11,605,427)  (2,665,296)  1,960,532   (14,383,305)  (52,199,794)             Pre tax (loss) income      (8,218,992)  (37,306,386)  (7,013,942)  4,299,171   (827,958,259)  (188,423,324)Rental interest factor, which is 1/3 of rental    expense      6,507,173   5,150,200   1,762,343   2,899,397   4,364,468   3,436,022 Dividends on mandatorily redeemable preferred    stock      —   —   —   703,442   —   — Interest expense      95,126,247   94,796,358   37,773,497   78,136,350   142,003,848   165,456,826               Earnings     $93,414,428  $62,640,172  $32,521,898  $86,038,360  $(681,589,943) $(19,530,476)              **Fixed Charges:**                        Interest expense      95,126,247   94,796,358   37,773,497   78,136,350   142,003,848   165,456,826 Dividends on mandatorily redeemable preferred    stock      —   —   —   703,442   —   — Rental interest factor, which is 1/3 of rental    expense      6,507,173   5,150,200   1,762,343   2,899,397   4,364,468   3,436,022               Total fixed charges     $101,633,420  $99,946,558  $39,535,840  $81,739,189  $146,368,316  $168,892,848              Ratio of earnings to fixed charges      n/a   n/a   n/a   1.05   n/a   n/a Deficiency     $8,218,992  $37,306,386  $7,013,942  $—  $827,958,259  $188,423,324
EXHIBIT 8.1 SUBSIDIARIES OF BRASIL TELECOM PARTICIPAÇÔES S.A.

Subsidiaries of Brasil Telecom Participações S.A.

|Name of Subsidiary                                 |  | Jurisdiction of Incorporation
|-------------------------------------------------- |  | -----------------------------
|Nova Tarrafa Inc.                                  |  | Cayman                       
|Nova Tarrafa Participações Ltda.                   |  | Brazil                       
|Brasil Telecom S.A.                                |  | Brazil                       
|Internet Group (Cayman) Limited                    |  | Cayman                       
|BrT Serviços de Internet S.A.                      |  | Brazil                       
|14 Brasil Telecom Celular S.A.                     |  | Brazil                       
|Vant Telecomunicações S.A.                         |  | Brazil                       
|MTH Ventures do Brasil Ltda.                       |  | Brazil                       
|Brasil Telecom Cabos Submarinos (Holding) Ltda.    |  | Brazil                       
|Brasil Telecom Cabos Submarinos Ltda.              |  | Brazil                       
|Brasil Telecom Subsea Cable Systems (Bermuda) Ltd. |  | Bermuda                      
|Brasil Telecom of America Inc.                     |  | United States                
|Brasil Telecom de Venezuela S.A.                   |  | Venezuela                    
|iBest Holding Corporation                          |  | Cayman                       
|Opinia (Cayman) Limited                            |  | Grand Cayman                 
|Opinia S.A.                                        |  | Brazil                       
|Lokau México de S.A. de C.V.                       |  | Mexico                       
|iBest Espanha Award España S.L.                    |  | Spain                        
|iBest México Award Mexico S.A. de C.V.             |  | Mexico                       
|Freelance S.A.                                     |  | Brazil                       
|Internet Group do Brasil Ltda.                     |  | Brazil                       
|Brasil Telecom Comunicação Multimídia Ltda.        |  | Brazil                       
|(formerly known as MetroRED Telecomunicações       |  |                              
|Ltda.)                                             |  |                              
|Santa Bárbara do Pantanal S.A.                     |  | Brazil                       
|Santa Bárbara dos Pinhais S.A.                     |  | Brazil                       
|Santa Bárbara do Cerrado S.A.                      |  | Brazil                       
|Santa Bárbara dos Pampas S.A.                      |  | Brazil
#### ENVIRONMENTAL INDUSTRIES RECYCLING, INC. v. LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY.

No. 2003-CC-2344.

Supreme Court of Louisiana.

Sept. 5, 2003.

In re Environmental Industries Recycling Inc.;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of W. Baton Rouge, 18th Judicial District Court Div. B, No. 33356; to the Court of Appeal, First Circuit, No. 2003 CW 1545.

Denied.

*1035CALOGERO, C.J., would grant the writ.

JOHNSON, J., would grant the writ.
<TABLE> <S> <C>


<ARTICLE>                     5

<LEGEND>
THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE YEAR
ENDED  DECEMBER 31, 1997 AND IS QUALIFIED  IN ITS ENTIRETY BY REFERENCE  TO SUCH
FORM 10-K FILED WITH THE SECURITIES AND EXCHANGE COMMISSION.
</LEGEND>             
<MULTIPLIER>                                   1,000
       
<S>                                            <C>
<PERIOD-TYPE>                                  12-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   DEC-31-1997
<CASH>                                         9,677
<SECURITIES>                                   796
<RECEIVABLES>                                  10,257
<ALLOWANCES>                                   (671)
<INVENTORY>                                    0
<CURRENT-ASSETS>                               20,625
<PP&E>                                         8,874
<DEPRECIATION>                                 (2,407)
<TOTAL-ASSETS>                                 27,342
<CURRENT-LIABILITIES>                          9,140
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       40,368
<OTHER-SE>                                     (25,247)
<TOTAL-LIABILITY-AND-EQUITY>                   27,342
<SALES>                                        18,973
<TOTAL-REVENUES>                               27,105
<CGS>                                          1,664
<TOTAL-COSTS>                                  5,948
<OTHER-EXPENSES>                               28,795
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             351
<INCOME-PRETAX>                                (7,373)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (7,373)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (7,373)
<EPS-PRIMARY>                                  (0.36)
<EPS-DILUTED>                                  (0.36)
        


</TABLE>
#### The People of the State of New York, Respondent, v Sixto Perez, Appellant.

[718 NYS2d 835]

Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered *292February 8, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the second degree and resisting arrest, and sentencing him, as second felony offender, to concurrent terms of 6 to 12 years, 6 to 12 years and 1 year, respectively, unanimously affirmed.

The prosecutor’s summation was responsive to the defense summation, was fair comment based on the evidence and was within the permissible bounds of rhetorical comment *(see, People v Overlee,*236 AD2d 133, *lv denied*91 NY2d 976; *People v D’Alessandro,*184 AD2d 114, 118-119, *lv denied*81 NY2d 884).

We perceive no abuse of discretion in sentencing. Concur— Sullivan, P. J., Nardelli, Williams, Mazzarelli and Saxe, JJ.
STATE of North Carolina v. Jessie Alston UPCHURCH, Defendant.

No. COA17-1372

Court of Appeals of North Carolina.

Filed: August 7, 2018

AFFIRMED.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
                                EXHIBIT 27.1

                          FINANCIAL DATA SCHEDULE

  THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
 FORM 10-K AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
                                 STATEMENTS
</LEGEND>


<S>                                          <C>
  <PERIOD-TYPE>                                         12-MOS
  <FISCAL-YEAR-END>                                DEC-31-1999
  <PERIOD-START>                                   JAN-01-1999
  <PERIOD-END>                                     DEC-31-1999
  <CASH>                                            36,585,998
  <SECURITIES>                                      19,288,627
  <RECEIVABLES>                                      5,627,808
  <ALLOWANCES>                                     (1,408,092)
  <INVENTORY>                                                0
  <CURRENT-ASSETS>                                  62,259,278
  <PP&E>                                            12,797,251
  <DEPRECIATION>                                   (3,332,960)
  <TOTAL-ASSETS>                                   138,843,317
  <CURRENT-LIABILITIES>                              9,294,732
  <BONDS>                                                    0
  <PREFERRED-MANDATORY>                                      0
  <PREFERRED>                                                0
  <COMMON>                                              27,771
  <OTHER-SE>                                       126,881,656
  <TOTAL-LIABILITY-AND-EQUITY>                     138,843,317
  <SALES>                                           18,640,960
  <TOTAL-REVENUES>                                  18,640,960
  <CGS>                                              8,547,514
  <TOTAL-COSTS>                                     71,011,902
  <OTHER-EXPENSES>                                           0
  <LOSS-PROVISION>                                           0
  <INTEREST-EXPENSE>                                 (780,464)
  <INCOME-PRETAX>                                 (50,666,303)
  <INCOME-TAX>                                         290,337
  <INCOME-CONTINUING>                             (50,956,640)
  <DISCONTINUED>                                             0
  <EXTRAORDINARY>                                    1,355,698
  <CHANGES>                                                  0
  <NET-INCOME>                                    (49,600,942)
  <EPS-BASIC>                                           (2.00)
  <EPS-DILUTED>                                         (2.00)


</TABLE>
---

EXHIBIT 32.1

|CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND  
|----------------------------------------------
|CHIEF FINANCIAL OFFICER PURSUANT TO           
|18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
|SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 

I, Larry Wise, Chief Executive Officer and Chief
Financial Officer of Nitro Petroleum Incorporated (the Company), hereby
certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

|(i)  | the Quarterly Report on Form 10-QSB of the Company for
      the fiscal quarter ended October 31, 2007(the Quarterly Report)
      fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934, as amended; and
|---- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|     |                                                                                                                                                                                                                                                                  
|(ii) | the information contained in the Quarterly Report fairly
      presents, in all material respects, the financial condition and results of
      operations of the Company.                                                                                       

|By:    | /s/ Larry Wise              | 
|------ | --------------------------- | 
|       |                             | 
|Name:  | Larry Wise                  | 
|Title: | Chief Executive Officer and | 
|       | Chief Financial Officer     | 
|Date:  | December 14 , 2007          | 

This written statement is being furnished to the Securities
and Exchange Commission as an exhibit to the Companys Quarterly Report on Form
10-QSB. A signed original of this statement 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.

This certification accompanies this Quarterly Report on Form
10-QSB pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not,
except to the extent required by such Act, be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the
"Exchange Act"). Such certification will not be deemed to be incorporated by
reference into any filing under the Securities Act of 1933, as amended, or the
Exchange Act, except to the extent that the Company specifically incorporates it
by reference.

---
STATE of North Carolina v. Gambit C. SHREVE

No. 234P18

Supreme Court of North Carolina.

September 20, 2018.

Gambit C. Shreve, for Shreve, Gambit C.

Tracy Nayer, Assistant Attorney General, Craig Blitzer, District Attorney, for State of North Carolina.

***ORDER***

Upon consideration of the petition filed by Defendant on the 26th of July 2018 in this matter for a writ of certiorari to review the order of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed by order of the Court in conference, this the 20th of September 2018."

The following order has been entered on the motion filed on the 26th of July 2018 by Defendant to Proceed In Forma Pauperis:

"Motion Allowed by order of the Court in conference, this the 20th of September 2018."

The following order has been entered on the motion filed on the 26th of July 2018 by Defendant to Appoint Counsel:

"Motion Dismissed as moot by order of the Court in conference, this the 20th of September 2018."