alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 13-1278

___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Bernard Manuel

lllllllllllllllllllll Defendant - Appellant

____________

 Appeal from United States District Court 

for the Western District of Missouri - Kansas City

____________

 Submitted: November 21, 2013

 Filed: December 19, 2013

[Unpublished]

____________

Before BENTON, BEAM, and SHEPHERD, Circuit Judges.

____________

PER CURIAM.

Bernard Manuel entered a conditional plea of guilty on the charge of felon in

possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2),
preserving his right to appeal the district court's adverse suppression ruling. The 1

district court sentenced Manuel to ninety-six months' imprisonment and three years'

supervised release. Manuel appeals. 

In his motion to suppress and on appeal, Manuel contends that the officers

lacked reasonable suspicion to justify an investigatory stop, and that they conducted

an illegal search of his coat, which Manuel set on the balcony behind him before he

laid down on his stomach in accordance with the officer's order. All of this occurred

after repeated requests by the officers to remove his hands from his coat pocket. The

magistrate judge made precise and complete findings offact, which we have carefully

reviewed and find free from clear error. United States v. Craig, 630 F.3d 717, 721

(8th Cir. 2011). We review de novo the ultimate question of whether the Fourth

Amendment has been violated. Id. Here, the district court identified several factors

and concluded, based on the totality ofthe circumstances, that these factors supported

a finding of reasonable suspicion. We agree that Manuel was legally detained. We

likewise reject Manuel's assertion that the district court erred in finding Manuel

abandoned his jacket or that, alternatively, the search would still be permitted under

the inevitable discovery doctrine. Accordingly, we affirmfor the reasons stated in the

magistrate judge's thorough and well-reasoned report and recommendation, which

was adopted by the district court. See 8th Cir. R. 47B. 

______________________________

The Honorable Greg Kays, United States District Judge for the Western 1

District of Missouri, adopting the report and recommendation of the Honorable

Robert E. Larsen, Chief United States Magistrate Judge for the Western District of

Missouri. 

-2-
#### Ellis Daniel, plaintiff in error, *vs.*Hilliard H. Sullivan, defendant in error.

The domicil or residence of a person of full age, and laboring under no disability, is the place or county where the family of such person shall permanently reside, if in this State, and suit should be there instituted against him. (E.)

Venue. Domicil. Eesidence. Before Judge Johnson. Talbot Superior Court. March Term, 1872.

For the facts of this case, see the decision.

Marion Bethune, represented by B. B. Hinton, for plaintiff in error.

E. H. Worrill; W. A. Little, for defendant.

Warner, Chief Justice.

The plaintiff sued the defendant on a promissory note in the county of Talbot. The defendant filed his plea in abatement to the jurisdiction of the Court, alleging that he was a citizen and resident of the county of Monroe, in this State. The evidence on the trial went to show that the defendant was a married man, that his wife and family resided in the county of Monroe, but that the defendant had a plantation in the county of Talbot, and spent a considerable portion of his time in the latter county. The Court charged the jury *“*that if the defendant had a family at and before the commencement of the suit, consisting of his wife and children, whom he had not abandoned, and if his wife and children were permanently resident and domiciled in the county of Monroe, in this State, then the defendant, by operation of law, was a citizen of Monroe county, although he might have had a place in Talbot county and spent most of his time at it.” To this charge as given, and the refusal to charge as requested, the plaintiff excepted. There was no error in the charge of the Court to the jury on the facts as disclosed in *278the record, or in refusing to charge as requested. The domicil or residence of a person of full age, and laboring under no disability, is the place or county where the family of such person shall *permanently*reside, if in this State, and suit should be instituted against him in that county: Code, 1689. Let the judgment of the Court below be affirmed.
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

ChildFirst Services, Inc.

, :

Petitioner :

:

v. :

: Department of Human Services

, : No. 681 C .D. 20 21

Respondent :

O R D E R

AND NOW, this 8 th d ay o f June , 20 2 2

, it is ORDERED that the

above

- captioned opinion filed March 29, 2022, shall be designate d OPINION

rather than MEMORANDUM OPINION, and it shall be reported.

___________________________ _____ ANNE E. COVEY, Jud g e
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1293 

CA 12-01130 

PRESENT: SCUDDER, P.J., CENTRA, VALENTINO, WHALEN, AND MARTOCHE, JJ. 

 

EUGENE PALLADINO, PLAINTIFF-RESPONDENT, 

V MEMORANDUM AND ORDER

CNY CENTRO, INC., CHARLES WATSON, AS BUSINESS 

AGENT OF AMALGAMATED TRANSIT UNION, LOCAL 580 

AND AMALGAMATED TRANSIT UNION, LOCAL 580, 

DEFENDANTS-APPELLANTS. 

 

FERRARA, FIORENZA, LARRISON, BARRETT & REITZ, P.C., EAST SYRACUSE

(CRAIG M. ATLAS OF COUNSEL), FOR DEFENDANT-APPELLANT CNY CENTRO, INC.

BLITMAN & KING LLP, SYRACUSE (KENNETH L. WAGNER OF COUNSEL), FOR

DEFENDANTS-APPELLANTS CHARLES WATSON, AS BUSINESS AGENT OF AMALGAMATED

TRANSIT UNION, LOCAL 580 AND AMALGAMATED TRANSIT UNION, LOCAL 580. 

ROBERT LOUIS RILEY, SYRACUSE, FOR PLAINTIFF-RESPONDENT.

Appeals from an order of the Supreme Court, Onondaga County

(James P. Murphy, J.), entered April 12, 2012. The order, insofar as

appealed from, denied in part the motions of defendants for summary

judgment. 

It is hereby ORDERED that the order insofar as appealed from is

unanimously reversed on the law without costs, the motions are granted

in their entirety and the amended complaints are dismissed. 

Memorandum: Defendants appeal from an order that granted only in

part their respective motions seeking summary judgment dismissing the

amended complaints against them. We agree with defendants that

Supreme Court should have granted their motions in their entirety. 

Defendants Amalgamated Transit Union, Local 580 (Union) and Charles

Watson, as business agent of the Union, contend that the Union is a

voluntary unincorporated association and that plaintiff has failed

even to plead that the Union’s conduct was authorized or ratified by

the entire membership of the association. We agree (see Martin v

Curran, 303 NY 276, 282; Zanghi v Laborers’ Intl. Union of N. Am.,

AFL-CIO, 8 AD3d 1033, 1034, lv denied 4 NY3d 703). Thus, we further

agree with those defendants that plaintiff’s contention that the Union

breached its duty of fair representation is “fatally defective” (Walsh

v Torres-Lynch, 266 AD2d 817, 818). In light of our conclusion, we do 
-2- 1293 

CA 12-01130 

not address defendants’ remaining contentions.

Entered: December 21, 2012 Frances E. Cafarell

Clerk of the Court
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44553.00001

Dennis F. Dunne (admitted pro hac vice) 

Samuel A. Khalil (admitted pro hac vice)

MILBANK LLP 

55 Hudson Yards 

New York, New York 10001-2163

Telephone: (212) 530-5000

Facsimile: (212) 530-5219

and 

Gregory A. Bray (SBN 115367)

Thomas R. Kreller (SBN 161922) 

MILBANK LLP 

2029 Century Park East, 33rd Floor

Los Angeles, CA 90067

Telephone: (424) 386-4000

Facsimile: (213) 629-5063

Counsel for the Official Committee

of Unsecured Creditors

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re:

PG&E CORPORATION

-andPACIFIC GAS AND ELECTRIC 

COMPANY,

 Debtors.

Case No. 19-30088 (DM)

Chapter 11

(Lead Case)

(Jointly Administered)

 Affects PG&E Corporation

 Affects Pacific Gas and Electric 

Company

▪ Affects both Debtors

* All papers shall be filed in the Lead Case.

No. 19-30088 (DM)

ORDER GRANTING MOTION TO FILE 

DOCUMENTS UNDER SEAL

[No Hearing Requested]

The Court having considered the Motion of the Official Committee of Unsecured Creditors 

for an Order Authorizing the Filing of a Supplemental Objection Under Seal (the “Motion”), filed

Signed and Filed: July 8, 2019

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Entered on Docket 

July 08, 2019

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 2887 Filed: 07/08/19 Entered: 07/08/19 10:26:34 Page 1 of

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on July 5, 2019 by the Official Committee of Unsecured Creditors (the “Creditors Committee”) 

appointed in the jointly administered chapter 11 cases (the “Chapter 11 Cases”) of the abovecaptioned debtors in possession , 

IT IS HEREBY ORDERED:

1. The Motion is GRANTED.

2. This Court shall retain jurisdiction to hear and determine all matters arising from 

or related to the implementation, interpretation, or enforcement of this Order.

***END OF ORDER***

Case: 19-30088 Doc# 2887 Filed: 07/08/19 Entered: 07/08/19 10:26:34 Page 2 of

2
[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Notices]
[Page 30408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13036]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of General Medical Sciences; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
USC, as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable materials, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of General Medical 
Sciences Special Emphasis Panel, Wound Healing and Biofilms.
    Date: June 18, 2010.
    Time: 12:30 p.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Natcher Building, 45 
Center Drive, Bethesda, MD 20892, (Telephone Conference Call)
    Contact Person: Meredith D. Temple-O'Connor, PhD, Scientific 
Review Officer, Office of Scientific Review, National Institute of 
General Medical Sciences, National Institutes of Health, 45 Center 
Drive, Room 3AN12C, Bethesda, MD 20892, (301) 594-2772, 
<a href="/cdn-cgi/l/email-protection#ff8b9a928f939a909c92bf929e9693d1919697d1989089"><span class="__cf_email__" data-cfemail="493d2c2439252c262a24092428202567272021672e263f">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.375, 
Minority Biomedical Research Support; 93.821, Cell Biology and 
Biophysics Research; 93.859, Pharmacology, Physiology, and 
Biological Chemistry Research; 93.862, Genetics and Developmental 
Biology Research; 93.88, Minority Access to Research Careers; 93.96, 
Special Minority Initiatives, National Institutes of Health, HHS)

    Dated: May 25, 2010.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2010-13036 Filed 5-28-10; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 21-0137

STATE OF MONTANA,

Plaintiff and Appellee,

v.

SHELBY BRYAN RAGNER,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including August 2, 2021, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

June 25 2021

06/25/2021

Case Number: DA 21-0137
abtl_ex1090.htm


EXHIBIT 10.90



AMENDMENT NO. 1 TO THE

 

AUTOBYTEL INC. 2006 INDUCEMENT STOCK OPTION PLAN

 

This Amendment No. 1 (“Amendment No. 1”) to the Autobytel Inc. 2006 Inducement Stock Option Plan (the “Plan”) dated as of May 15, 2009, is adopted by the Board of Directors (the “Board”)
of Autobytel Inc., a Delaware corporation, pursuant to Section 8.1 of the Plan.

 

Effective as of the date hereof, the Plan is hereby amended by deleting Section 6.4 in its entirety and inserting in lieu thereof the following:

 

“6.4  Limitations on Exercise of Options.  Notwithstanding anything contained in this Plan to the contrary, Options shall be exercisable in full or in such equal or unequal installments as the Administrator shall determine; provided that if a Participant
does not purchase all of the Shares which the Participant is entitled to purchase on a certain date or within an established installment period, the Participant’s right to purchase any unpurchased Shares shall continue during the Option Term (taking into account any early termination of such Option Term which may be provided for under this Plan).”

 

Except as specifically amended hereby, the Plan shall remain in full force and effect as in existence on the date hereof, and any reference to the Plan shall mean the Plan as amended hereby.

 

IN WITNESS WHEREOF, the Board has caused this Amendment No. 1 to be duly executed as of the day and year first above written.

 

AUTOBYTEL INC.













By: /s/ Glenn E. Fuller 

Glenn E. Fuller

Its: Executive Vice President, Chief Legal and 

Administrative Officer and Secretary
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WEIL, GOTSHAL & MANGES LLP 

Richard W. Slack (pro hac vice) 

(richard.slack@weil.com) 

Jessica Liou (pro hac vice) 

(jessica.liou@weil.com) 

Matthew Goren (pro hac vice) 

(matthew.goren@weil.com) 

767 Fifth Avenue 

New York, NY 10153-0119 

Tel: 212 310 8000 

Fax: 212 310 8007 

KELLER BENVENUTTI KIM LLP 

Jane Kim (#298192) 

(jkim@kbkllp.com) 

David A. Taylor (#247433) 

(dtaylor@kbkllp.com) 

Thomas B. Rupp (#278041) 

(trupp@kbkllp.com) 

650 California Street, Suite 1900 

San Francisco, CA 94108 

Tel: 415 496 6723 

Fax: 650 636 9251 

Attorneys for Debtors and Reorganized Debtors 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re: 

PG&E CORPORATION,

 - and - 

PACIFIC GAS AND ELECTRIC 

COMPANY,

Bankruptcy Case No. 19-30088 (DM) 

Chapter 11 

(Lead Case) (Jointly Administered) 

NOTICE OF CHANGE OF ADDRESS OF 

REORGANIZED DEBTORS 

Debtors.

 Affects PG&E Corporation 

 Affects Pacific Gas and Electric Company 

 Affects both Debtors 

* All papers shall be filed in the Lead Case, No. 

19-30088 (DM). 

Case: 19-30088 Doc# 13688 Filed: 04/27/23 Entered: 04/27/23 15:26:30 Page 1

of 2
 

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TO THE CLERK OF THE COURT AND ALL PARTIES AND COUNSEL OF RECORD: 

PLEASE TAKE NOTICE that, effective immediately, PG&E Corporation and Pacific Gas 

and Electric Company, debtors and reorganized debtors (the “Debtors,” or as reorganized pursuant to 

the Plan, the “Reorganized Debtors”) in the above-captioned chapter 11 cases, have changed their 

physical and mailing addresses. 

PLEASE TAKE FURTHER NOTICE that the physical and mailing addresses of the 

Reorganized Debtors are now as follows: 

PHYSICAL ADDRESS: 

PG&E Corporation 

Pacific Gas and Electric Company 

300 Lakeside Drive 

Oakland, CA 94612 

MAILING ADDRESS: 

PG&E Corporation 

Pacific Gas and Electric Company 

Attn: Law Department 

PO Box 1018 

Oakland, CA 94612-9991 

Dated: April 27, 2023 

WEIL, GOTSHAL & MANGES LLP 

KELLER BENVENUTTI KIM LLP

By: /s/ Thomas B. Rupp 

 Thomas B. Rupp 

Attorneys for Debtors and Reorganized Debtors

Case: 19-30088 Doc# 13688 Filed: 04/27/23 Entered: 04/27/23 15:26:30 Page 2

of 2
|   | (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      Company. |
|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/      Scott W. Smith                    |
|--------|--------------------------------------------|
|   | Scott      W. Smith                        |
|   |                                       |
|   | President      and Chief Executive Officer |
|   | (Principal      Executive Officer)         |
|   |                                       |
|   | March 11,      2009                   |
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                             748
<SECURITIES>                                         0
<RECEIVABLES>                                    7,652
<ALLOWANCES>                                     1,153
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 8,037
<PP&E>                                          41,917
<DEPRECIATION>                                  19,923
<TOTAL-ASSETS>                                  31,651
<CURRENT-LIABILITIES>                           19,442
<BONDS>                                         21,873
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        11,089
<OTHER-SE>                                       3,344
<TOTAL-LIABILITY-AND-EQUITY>                    31,651
<SALES>                                          9,096
<TOTAL-REVENUES>                                 9,096
<CGS>                                                0
<TOTAL-COSTS>                                    6,789
<OTHER-EXPENSES>                                 1,430
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,006
<INCOME-PRETAX>                                     39
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                 39
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        39
<EPS-PRIMARY>                                      .01
<EPS-DILUTED>                                      .01
        

</TABLE>
Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h

Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,

J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk February 11, 2010 

# Order

February 11, 2010

138959 138969 (144)

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant,

v SC: 138959 COA: 269505 Saginaw CC: 02-021097-FH TOD KEVIN HOUTHOOFD a/k/a TODD 04-024765-FH KEVIN HOUTHOOFD, 05-025865-FH Defendant-Appellee.

___________________ ___________________
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 138969 COA: 269505 Saginaw CC: 02-021097-FH TOD KEVIN HOUTHOOFD a/k/a TODD 04-024765-FH KEVIN HOUTHOOFD, 05-025865-FH Defendant-Appellant.

___________________ ___________________

On order of the Chief Jus tice, the motion by defendant-appellee for extension to January 29, 2010 of the time for filing his brief is considered and it is GRANTED.
Exhibit
10.30b
 ADDENDUM TWO
TO LEASE AGREEMENT FOR A GAMMA KNIFE UNIT
  RECITALS
    AGREEMENT
 Defined Terms.
 Extension of Lease Term
    Cobalt Reload of the Equipment .
 Cobalt Reload
 - 1 -




---



##### 



JFK Support
 Permits
 Per Procedure Payment .
 No Responsibility for Additional Upgrades or Reloading .
 Assignment
by GKF to Subsidiary.
 Captions .
 - 2 -




---



##### 



Full Force and Effect .
  GKF:
    
    
    
    
    
    JFK:GK FINANCING, LLC
    
    
    
    THE COMMUNITY HOSPITAL GROUP, INC.,dba JFK Medical CenterBy:
    
    /s/ Ernest A. Bates, M.D.
    
    
    
    By:
    
    /s/ J. Scott GebhardErnest A. Bates, M.D.
    
    
    
    Name:
    
    J. Scott GebhardPolicy Committee Member
    
    
    
    Title:
    
    EVP/COO
 - 3 -
UNITED STATES BANKRUPTCY COURT

Northern District of California

In re: PG&E CORPORATION,

-andPACIFIC GAS & ELECTRIC COMPANY,

Debtors.

Bankruptcy No.: 19-30088-DM

R.S. No.: RAL-1

Hearing Date: February 26, 2019

Time: 9:30 am

 Relief From Stay Cover Sheet

Instructions: Complete caption and Section A for all motions. Complete Section B for mobile homes, motor vehicles, and personal 

property. Complete Section C for real property. Utilize Section C as necessary. If moving party is not a secured creditor, briefly 

summarize the nature of the motion in Section D.

(A) Date Petition Filed: January 29, 2019 Chapter: 11

Prior hearings on this obligation: None Last Day to File §523/§727 Complaints: Not Applicable

(B) Description of personal property collateral (e.g. 1983 Ford Taurus):

 Secured Creditor [ ] or lessor [ ]

 Fair market value: $ ___ Source of value: ______________________________________ 

 Contract Balance: $___________________ Pre-Petition Default: $ _________________________________

 Monthly Payment: $___________________ No. of months: _________________________

 Insurance Advance: $ _ Post-Petition Default: $ __ _____ 

No. of months: _________________________

(C) Description of real property collateral (e.g. Single family residence, Oakland, CA):

Fair market value: $ Source of value: If appraisal, date: ________________________ 

Moving Party's position (first trust deed, second, abstract, etc.):

Approx. Bal. $____________________________ Pre-Petition Default: $__________________________________

As of (date): ____ No. of months: ________________________________ 

Mo. payment: $___________________________ Post-Petition Default: $_________________________________

Notice of Default (date): _____ No. of months: 

Notice of Trustee's Sale:_____________________ Advances Senior Liens: $_______________________________

Specify name and status of other liens and encumbrances, if known (e.g. trust deeds, tax liens, etc.):

Position Amount Mo. Payment Defaults

1

st Trust Deed:_________________________ $ $ $

2

nd Trust Deed: ________________________

_____________________________________:

_____________________________________:

_____________________________________:

$ $ $

(Total) $ $ $

Other pertinent information: Litigation in another forum

Dated: February 5, 2019 ___/s/ Richard A. Lapping________________

Signature

____Richard A. Lapping _______________

Print or Type Name

Attorney for Valero Refining Company-California

Case: 19-30088 Doc# 315-1 Filed: 02/05/19 Entered: 02/05/19 20:13:27 Page 1

of 1