alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ROBERT LEE,

Plaintiff,

Case Number 09-12640

v. Honorable David M. Lawson

Magistrate Judge Virginia M. Morgan

HENRY FORD COMMUNITY COLLEGE,

GARY McBAIN, and DOCTOR MEED, President

of Henry Ford Community College,

Defendants.

__________________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION,

GRANTING THE DEFENDANTS’ MOTION TO DISMISS, AND DISMISSING THE

PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE

Presently before the Court is the report issued on December 23, 2009 by Magistrate Judge

Virginia M. Morgan pursuant to 28 U.S.C. § 636(b), recommending that the Court grant the

defendants’ motion to dismiss and dismiss the plaintiff’s complaint without prejudice. Although the

magistrate judge’s report explicitly stated that the parties to this action may object to and seek

review of the recommendation within fourteen days of service of the report, no objections have been

filed. The party’s failure to file objections to the Report and Recommendation waives any further

right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir.

1987). Likewise, the failure to object to the magistrate judge’s report releases the Court from its

duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the

Court agrees with the findings and conclusions of the magistrate judge.

Accordingly, it is ORDERED that the Magistrate Judge’s Report and Recommendation [dkt

# 18] is ADOPTED.

2:09-cv-12640-DML-EAS Doc # 19 Filed 01/12/10 Pg 1 of 2 Pg ID 57
-2-

It is further ORDERED that the defendants’ motion to dismiss [dkt. # 15] is GRANTED

and the plaintiff’s complaint is DISMISSED without prejudice.

s/David M. Lawson 

DAVID M. LAWSON

United States District Judge

Dated: January 12, 2010

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on January 12, 2010.

s/Teresa Scott-Feijoo 

TERESA SCOTT-FEIJOO

2:09-cv-12640-DML-EAS Doc # 19 Filed 01/12/10 Pg 2 of 2 Pg ID 58
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         

     Each of the undersigned officers of PHC, Inc. (the “Company”) hereby certifies that, to the best of their knowledge, the Annual Report on Form 10-K for the fiscal year ended June 30, 2008 (the “Report”), as filed with the Securities and Exchange Commission on the date hereof, fully complies with the requirements of Section 13(a) or        15(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and that the information contained in the report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: September 29, 2008                                                                                        By: /s/ Bruce A. Shear__________

                                                                                                                                                        Bruce A. Shear, President                                                                                                                                                                and Chief Executive Officer                 Date: September 29, 2008                                                                                         By: /s/ Paula C. Wurts__________                                                                                                                                                                 Paula C. Wurts,                                                                                                                                                                 Chief Financial Officer
eaui_ex1028.htm


Exhibit 10.28


 


AMENDED AND RESTATED


$358,527 LOAN AGREEMENT







This Amended and Restated $358,527 Loan Agreement (“Amendment”) is made and entered into this ___ day of April, 2014 by EAU Technologies, Inc., a Delaware corporation (the “Company”) and Peter Ullrich, a resident of Florida (“Holder”).







BACKGROUND







WHEREAS, Company and Holder executed and delivered that certain $358,527 Loan Agreement, dated December 31, 2011, in the original principal amount of $358,527 (the “Original Note”);







WHEREAS, the Company and the Holder desire to execute and deliver this Amendment to the Original Note.







NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company and the Holder do hereby agree as follows:







1.           Section 4(a) of the Original Note is hereby deleted in its entirety and the following is hereby inserted in its place:







Maturity Date.  The Company shall pay the principal amount outstanding hereunder together with accrued and unpaid interest thereon and any other amounts payable to Holder in respect of this Note on the earlier of (i) November 30, 2014, or (ii) the acceleration of the maturity of this Note by Holder pursuant to Section (6)(b)(i), (the earlier of such dates, the “Maturity Date”), unless otherwise converted into Common Stock in accordance with Section 5.







2.           Except as expressly set forth herein, the Original Note shall remain unchanged and unmodified and in full force and effect.







3.           All capitalized terms not otherwise defined in this Amendment shall have the meanings assigned to them in the Original Note.


 


4.           This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, with the same effect as if the signatures thereto were in the same instrument.


 


[Remainder of page intentionally left blank.  Signatures on following page.]


 




  





1











  






 


IN WITNESS WHEREOF, the parties hereto have executed and delivered this Amendment under seal on the date first above written.


 




	 	 
Company:

	 
	 	 
EAU TECHNOLOGIES, INC.

	 
	 	 	 
	 	 	 	 
	
 

	
By: 

	/s/ Wade Bradley	 
	 	 	 
Wade Bradley

	 
	 	 	 
Chief Executive Officer

	 
	 	 	 	 







 




	 	 
Holder:

	 
	 	PETER ULLRICH	 
	 	 	 	 
	 	
By: 

	 
/s/ Peter Ullrich

	 
	 	 	 
Peter Ullrich

	 
	 	 	 	 
	 	 	 	 










2
2:09-cv-10454-VAR-LJM Doc # 158-2 Filed 06/21/13 Pg 1 of 1 Pg ID 3388
<PAGE>   1
                                                                   EXHIBIT 10.33

                              Schedule of Documents
                            Substantially Similar to
                                  Exhibit 10.32


1.   Adjustable Rate Note dated August 26, 1996 in the amount of $1,050,000 from
     Jameson Alabama, Inc. to Empire Financial Services, Inc. for Selma,
     Alabama.

2.   Adjustable Rate Note dated August 26, 1996 in the amount of $1,050,000 from
     Jameson Alabama, Inc. to Empire Financial Services, Inc. for Florence,
     Alabama.

3.   Adjustable Rate Note dated August 26, 1996 in the amount of $1,050,000 from
     Jameson Alabama, Inc. to Empire Financial Services, Inc. for Albertville,
     Alabama.

4.   Adjustable Rate Note dated August 26, 1996 in the amount of $1,050,000 from
     Jameson Alabama, Inc. to Empire Financial Services, Inc. for Arab, Alabama.

5.   Adjustable Rate Note dated August 26, 1996 in the amount of $1,050,000 from
     Jameson Alabama, Inc. to Empire Financial Services, Inc. for Eufaula,
     Alabama.
<PAGE>

                                                                      Exhibit 23


                         Consent of Independent Auditors


The Board of Directors
Great Lakes Aviation, Ltd.:


We consent to incorporation by reference in the registration statements No.
33-90926 on Form S-8, No. 333-38338 on Form S-3, No. 333-75706 on Form S-8, and
No. 333-38338 on Form S-3 of Great Lakes Aviation, Ltd. of our report dated
April 10, 2002 relating to the balance sheets of Great Lakes Aviation, Ltd. as
of December 31, 2001 and 2000, the related statements of operations,
stockholders' equity (deficit) and cash flows, and related financial statement
schedule for each of the years in the three-year period ended December 31, 2001,
which appears in the December 31, 2001 Form 10-K of Great Lakes Aviation, Ltd.

Our report dated April 10, 2002, contains an explanatory paragraph that states
the Company has suffered significant losses and has current liabilities in
excess of current assets, which raise substantial doubt about its ability to
continue as a going concern. The financial statements and financial statement
schedule do not include any adjustments that might result from the outcome of
the uncertainty.

                                       KPMG LLP

                                       /s/ KPMG LLP

Denver, Colorado
April 12, 2002
#### STATE of Missouri, Respondent, v. Marcus JONES, Appellant.

Nos. 48976, 50262.

Missouri Court of Appeals, Western District.

Dec. 19, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Jan. 30, 1996.

Application to Transfer Denied March 26, 1996.

Susan L. Hogan, Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., John M. Morris, Christine M. Blegan, Asst. Attys. Gen., Jefferson City, for respondent.

Before BRECKENRIDGE, P.J., and ULRICH and LAURA DENVIR STITH, JJ.

*ORDER*

PER CURIAM:

Defendant-Appellant Marcus A. Jones appeals from a conviction for two counts of assault in the second degree, § 565.060, RSMo 1994, for which Mr. Jones was sentenced to two concurrent terms of twelve years as a prior and persistent offender. Mr. Jones contends the trial court erred in admitting certain photographs into evidence because an adequate foundation was not laid for their admission and because they were irrelevant and unnecessarily inflammatory. Mr. Jones also appeals the denial of his Rule 29.15 motion.

After reviewing the briefs of the parties and the record on appeal, we find that the trial court did not err in admitting the photographs into evidence or in denying Mr. Jones’ Rule 29.15 motion. A published opinion reciting the detailed facts and restating the relevant principles of law would have no precedential value. We therefore affirm by this summary order, but have furnished the parties with a memorandum opinion, for their information only, setting forth the reasoning supporting the order.

Judgment affirmed. Rules 30.25(b) and 84.16(b).
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATE OF AMERICA, 

 Case Number: 09-11735 

 Plaintiff, 

 Honorable: Robert H. Cleland 

 

VS. Claim Number: 1998A13451 

YOLANDA ADAMS, 

 Defendant, 

_____________________________/ 

PAMELA S. RITTER (P47886) 

Holzman Ritter & Corkery PLLC. 

28366 Franklin Road 

Southfield, MI 48034 

(248) 352-4340 

______________________________/ 

ORDER FOR WAGE ASSIGNMENT

At a session of said Court, held in the City of Detroit, 

Wayne County Michigan on _7/28/2009________________ 

 Present: HONORABLE___Robert H. Cleland_________________ 

 U.S. District Court Judge 

 In accordance with the Stipulation of the parties: It is hereby ordered that 

BEAUMONT HOSPITAL deduct the sum of $75.00 per pay from the wages of said 

defendant, YOLANDA ADAMS social security number: XXX-XX-4624 and transmit 

such sum to: 

 U.S. Department of Justice 

 NCIF 

 P.O. Box 70932 

 Charlotte, NC 28272-0932 

 

Please include account number 1998A13451 

2:09-cv-11735-RHC-MKM Doc # 10 Filed 07/28/09 Pg 1 of 2 Pg ID 20
 This wage assignment is to remain in effect until the balance of $5,908.54 plus 

accruing interest is satisfied. The office of HOLZMAN RITTER & CORKERY PLLC., 

Attorney for UNITED STATES OF AMERICA will notify BEAUMONT HOSPTIAL 

when the remaining balance is less than $100.00 so that no overpayment is created. 

A copy of this order is to be served upon BEAUMONT HOSPITAL Payroll 

Department. 

 7/28/2009 ____s/Robert H. Cleland

 Date U.S. District Judge 

2:09-cv-11735-RHC-MKM Doc # 10 Filed 07/28/09 Pg 2 of 2 Pg ID 21
Exhibit 32.2







CERTIFICATION
OF THE CHIEF FINANCIAL OFFICER


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 on Form 10-Q for the three and nine
months ended September 30, 2009 of Targa Resources, Inc. (the “Company”) as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), Jeffrey J. McParland, as Chief Financial Officer of Targa Resources,
Inc., hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his
knowledge:




(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.




Date:
November 9, 2009





By:
            /s/    JEFFREY J. MCPARLANDName:
            Jeffrey
      J. McParlandTitle:
            Executive
      Vice President and Chief Financial Officer of Targa Resources,
      Inc.
              (Principal
      Financial Officer)




A
signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version 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.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case Number 09-20023-BC

Honorable Thomas L. Ludington

 v.

D-5 DION RICHARD HUNTER,

Defendant.

_______________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING

DEFENDANT’S PLEA OF GUILTY AS TO COUNT ONE OF THE FOURTH

SUPERSEDING INDICTMENT, AND TAKING THE RULE 11 PLEA AGREEMENT

UNDER ADVISEMENT

A plea hearing was conducted on March 9, 2010, by United States Magistrate Judge Charles

E. Binder pursuant to the defendant’s consent. The magistrate judge issued his report on March 10,

2010, recommending that this Court accept the defendant’s plea of guilty as to count one of the

fourth superseding indictment. As of today’s date, no party has filed any objections to the

magistrate judge’s report and recommendation. The election to not file objections to the magistrate

judge’s report releases the Court from its duty to independently review the record. Thomas v. Arn,

474 U.S. 140, 149 (1985).

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [Dkt.

# 175] is ADOPTED.
-2-

It is further ORDERED that the defendant’s plea of guilty as to count one of the fourth

superseding indictment is ACCEPTED, and the Rule 11 Plea Agreement [Dkt. # 174] is taken

UNDER ADVISEMENT.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: April 2, 2010

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on April 2, 2010.

s/Tracy A. Jacobs 

TRACY A. JACOBS
VII

Private Calendar No. 11

104TH CONGRESS

2D SESSION H. R. 4025

[Report No. 104–813]

For the relief of the estate of Gail E. Dobert.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 4, 1996

Mr. FORBES introduced the following bill; which was referred to the

Committee on the Judiciary

SEPTEMBER 20, 1996

Committed to the Committee of the Whole House and ordered to be printed

A BILL

For the relief of the estate of Gail E. Dobert.

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

3 SECTION 1. PAYMENT.

4 (a) PAYMENT AUTHORIZED.—The Secretary of the

5 Treasury shall make a lump sum payment to the estate

6 of Gail E. Dobert (social security account number 082–

7 52–7101).
2

•HR 4025 RH

1 (b) AMOUNT OF PAYMENT.—The payment authorized

2 by subsection (a)—

3 (1) shall be equal to twice the gross annual pay

4 of Ms. Dobert at the time of her death;

5 (2) shall be payable out of amounts in the

6 Treasury not otherwise appropriated;

7 (3) shall not be subject to income taxes; and

8 (4) shall be in full satisfaction of all claims

9 against the United States in connection with the

10 death of Ms. Dobert.

11 SEC. 2. LIMITATION ON AGENT AND ATTORNEY FEES.

12 Not more than a total of 10 percent of the payment

13 authorized by section 1 shall be paid to or received by any

14 agent or attorney for services rendered in connection with

15 obtaining such payment, any contract to the contrary not16 withstanding. Any person who violates this section shall

17 be fined not more than $1,000.

Private Calendar No. 11

104TH CONGRESS

2D SESSION H. R. 4025

[Report No. 104–813]

A BILL

For the relief of the estate of Gail E. Dobert.

SEPTEMBER 20, 1996

Committed to the Committee of the Whole House and

ordered to be printed
Exhibit 32.2




CERTIFICATION




In
connection with the periodic report of Premier Power Renewable Energy, Inc. (the
“Company”) on Form 10-Q for the quarter ended June 30, 2010 as filed with the
Securities and Exchange Commission (the “Report”), I, Frank J. Sansone, Chief
Financial Officer (Principal Financial & Accounting Officer) of the Company,
hereby certify as of the date hereof, solely for purposes of Title 18, Chapter
63, Section 1350 of the United States Code, that to the best of my
knowledge:




(1)
      The Report fully complies with the requirements
of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods
indicated.





Date:
      August 16, 2010
            /s/
      Frank J. SansoneFrank
      J. SansoneChief
      Financial Officer (Principal Financial & Accounting
      Officer)
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 4787

_____________________________
C EDRIC R. H UTCHINSON , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Calhoun County

. Shonna Young Gay , Judge

. August 7, 2018

B ILBREY , J

. Cedric R. Hutchinson challenges the dismissal of his petition for a writ of habeas corpus. By this petition, Hutchinson challenged his conviction for aggravated battery, a convic tion obtained in Hillsborough County. The circuit court in Calhoun County dismissed the petition as “unauthorized.” While the premise of Hutchinson’s petition was incorrect

– that a motor vehicle cannot be a deadly weapon under the aggravated battery sta tute *

– the circuit court should have transferred the petition to Hillsborough County in the Thirteenth Circuit for its

* See Clark v. State , 783 So. 2d 967 (Fla. 2001); V.A. v . State
, 819 So. 2d 847 (Fla. 3d DCA 2002).2 consideration of the petition. See Torres v. State , 208 So. 3d 831 (Fla. 1st DCA 2017); Baker v. State , 1 64 So. 3d 38 (Fla. 3d DCA 2015 ).

In Torres and Baker , the petitioner challenged the sufficiency of the charging document. These cases are therefore distinguishable from the case on which the trial court relied, Gill v. Jones , 204 So. 3d 459 (Fla. 4th DCA 2016), which held that a hab eas petition was unauthorized and hence subject to dismissal because the petitioner pursued post

- conviction relief in the wrong court). See also James v. Jones
, -- So. 3d

-- , 45 Fla. L. Weekly D815 (Fla. 1st DCA 2018) (holding dismissal of habeas petition appropriate when petitioner is seeking post

- conviction relief available under rule 3.850, Florida Rules of Criminal Procedure).

Accordingly, the order of dismissal is vacated, and the cause is remanded to the circuit court with the instruction that the petition be transferred to the circuit court for Hillsborough County.

B.L. T HOMAS , C.J., and O STERHAUS , J., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

______ _______________________

Cedric R. Hutchinson, pro se
, Appellant.

Pamela Jo Bondi, Attorney General, Frank X. Moehrle, Jr. and Amanda Stokes, Assistant Attorneys General, Tallahassee
, for Appellee.
Office of the Vice President
for Student Affairs

a
a 144 Oakland Cent
Oakland Rochester, Michigan 48309-4499

UNIVERSITY | (248) 370-4200 Fax: (248) 370-4250

May 23, 2008

Mr. Micah Fialka-Feldman

Dear Micah,

Thank you for taking the time to meet with Mr. Maten and me yesterday to discuss your request
to live on campus next fall. | am impressed by all the support presented on your behalf.
Clearly, you have made many friends during the time you have been associated with Oakland.

Mr. Maten and | discussed your request and have decided that we cannot offer you a housing
contract. The University maintains residence halls for individuals who meet our admissions
requirements and enroll in coursework leading to a degree. From time to time we do house
students from other universities who are earning credits for transfer to another institution, such
as the example you gave today.

| realize that this is not the answer you had hoped for, however, Mr. Maten suggested that you
might want to spend time in Vandenberg Hall Cafeteria while you are on campus. That would
give you another option to meet new people and a place to relax in between your classes. Mr.

Maten would be more than happy to work out the purchase of a cafeteria meal plan that would
allow you access.

Again, thank you for your interest in Oakland and best wishes for much success as you pursue
your educational goais. :

Sincerely,

Mary Beth Snyder

Vice President for Student Affairs

3: Lionel Maten, Director University Housing