alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 5


DETROIT Detroit Legal Imaging | Telephone: (313) 962-4020
LEGAL 550 W. Fort St. Fax: (313) 962-6331
IMAGING |

Digital Technology Delivered Detroit, MI 48226 www .detroitiegalimaging.com

duly 31, 2009

George Donnini
Butzel Long

150 West Jefferson
Detroit MI 48226

Re: Open invoices for Butzel Long regarding BBC Equities.
Mr. Donnini,

As requested, | have assembled a list and copies of outstanding invoices for
litigation support services rendered to Butzel Long on behalf of BBC Equities.

Invoice Invoice Term Due Days Total
Date Date Date Past
5/7/2009 189584 net 30 6/6/2009 55 2,132.22
6/2/2009 189620 net 30 7/2/2009 29 567.98
6/16/2009 190032 net 30 7/16/2009 15 2,029.35
6/29/2009 190143 net 30 7/29/2009 2 315.58
6/29/2009 190111 net 30 7/29/2009 2 392.22
7/13/2009 190351 net 30 8/12/2009 7 96.05
Total 6,233.40

As you can see, Butzel Long/BBC Equities owe Detroit Legal Imaging a
considerable amount of money. Any action to arrange for the immediate
payment of these invoices is greatly appreciated.

| have also attached an accounting report containing this information and copies
of the invoices for your review.

Thank you,

“df
1 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

TERRENCE GARRETT, 

Plaintiff, 

v. 

STATE TROOPER ADAMS, et al, 

Defendants. 

______________________________/ 

Case Number: 09-13141 

HONORABLE AVERN COHN 

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. No. 69)

 AND 

DENYING PLAINTIFF=S MOTION FOR DEFAULT JUDGMENT (Doc. No. 48)

 I.

This is case under 42 U.S.C. ' 1983. Plaintiff, a state prisoner proceeding pro

se, is suing several defendants claiming his constitutional rights were violated during his 

arrest. The matter has been referred to a magistrate judge for all pre-trial proceedings. 

 Plaintiff filed a motion for default judgment against defendants. Defendants 

responded. The magistrate judge issued a report and recommendation (MJRR) 

recommending that the motion be denied because defendants timely responded to the 

Amended Complaint.1

 1

Indeed, all defendants are represented and recently filed dispositive motions. 

See Doc. Nos. 75, 78,79, and 80. 
2 

 II. 

Neither party has filed objections to the MJRR and the time for filing objections 

has passed. The 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 motions. 

Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court has reviewed the MJRR 

and agrees with the magistrate judge. 

 III. 

Accordingly, the findings and conclusions of the magistrate judge are ADOPTED 

as the findings and conclusions of the Court. Plaintiff=s motion for default judgment is 

DENIED. 

SO ORDERED. 

Dated: September 30, 2010 s/Avern Cohn 

 AVERN COHN 

 UNITED STATES DISTRICT JUDGE 

I hereby certify that a copy of the foregoing document was mailed to Terrence 

Garrett, #219254, Florence Crane Correctional Facility, 38 Fourth Street, Coldwater, MI 

49036 and the attorneys of record on this date, September 30, 2010, by electronic 

and/or ordinary mail. 

 s/Shawntel Jackson 

 Case Manager, (313) 234-5160
Case 1:09-cv-13249-TLL-CEB Document 54 Filed 11/10/2009 Page 1 of 3
Case 1:09-cv-13249-TLL-CEB Document 54 Filed 11/10/2009 Page 2 of 3
Case 1:09-cv-13249-TLL-CEB Document 54 Filed 11/10/2009 Page 3 of 3
================================================================================

Exhibit 32.2


                            CERTIFICATION 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 of Glance, Inc. (the "Company") on  Form
10-QSB for the period ended September 30, 2008, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the  undersigned, in  the
capacities and on  the  dates  indicated  below,  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:  October 14, 2008


/s/ Alla Karmazina
----------------------------------
Alla Karmazina
Chief Financial Officer, Secretary
Treasurer, principal accounting
officer and Director
#### HINES ELECTRICAL SPECIALTIES, Inc., Plaintiff-Appellant, v. GENERAL ELECTRIC SUPPLY CORPORATION, Defendant-Appellee.

No. 266.

Circuit Court of Appeals, Second Circuit.

April 4, 1938.

Hyland R. Johns, of New York City (Robert Starr Allyn and Edward S. Higgins, both of New York City, of counsel), for appellant.

Harrison F. Lyman, of Boston, Mass, and A. E. Bobst, of Schenectady, N. Y. *1004(Alexander C. Neave, of New York City, of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

PER CURIAM.

Decree affirmed.
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-7 TRISTAN LAVET HARRISON,

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 February 4, 2010, by United States Magistrate Judge

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

February 5, 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.

# 154] is ADOPTED.

Case 1:09-cr-20023-TLL-PTM ECF No. 186, PageID.842 Filed 03/16/10 Page 1 of 2
-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. # 151] is taken

UNDER ADVISEMENT.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: March 16, 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 March 16, 2010.

s/Tracy A. Jacobs 

TRACY A. JACOBS

Case 1:09-cr-20023-TLL-PTM ECF No. 186, PageID.843 Filed 03/16/10 Page 2 of 2
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4031 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 4031

 To provide that the provision of the Fair Labor Standards Act of 1938 
 on the accounting of tips in determining the wage of tipped employees 
 shall preempt any State or local provision precluding a tip credit or 
  requiring a tip credit less than the tip credit provided under such 
                                  Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 5, 1996

  Mr. Riggs introduced the following bill; which was referred to the 
          Committee on Economic and Educational Opportunities

_______________________________________________________________________

                                 A BILL

 
 To provide that the provision of the Fair Labor Standards Act of 1938 
 on the accounting of tips in determining the wage of tipped employees 
 shall preempt any State or local provision precluding a tip credit or 
  requiring a tip credit less than the tip credit provided under such 
                                  Act.

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

SECTION 1. PREEMPTION.

    No State or political subdivision of State may establish or enforce 
a law, ordinance, regulation, or order which prescribes the manner in 
which a tipped employee's tips will be considered in determining if 
such tipped employee has been paid the applicable minimum wage if such 
law, ordinance, regulation, or order precludes a tip credit or requires 
a tip credit less than the tip credit permitted under section 3(m) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)).
                                 <all>
```
I

104TH CONGRESS

2D SESSION H. R. 3978

To authorize the Secretary of Agriculture to purchase commodities under

the Emergency Food Assistance Act of 1983 using State funds.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1996

Mr. DICKS (for himself, Mr. DE LA GARZA, Mr. ROBERTS, Mr. MCDERMOTT,

and Mr. NETHERCUTT) introduced the following bill; which was referred

to the Committee on Agriculture

A BILL

To authorize the Secretary of Agriculture to purchase commodities under the Emergency Food Assistance Act of

1983 using State funds.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘TEFAP State Partner5 ship Act of 1996’’.
2

HR 3978 IH

1 SEC 2. PURCHASE AUTHORITY OF SECRETARY OF AGRI2 CULTURE.

3 The Emergency Food Assistance Act of 1983 (7

4 U.S.C. 612c note) is amended by inserting after 203D the

5 following:

6 ‘‘SEC. 203E. PURCHASE OF COMMODITIES FOR STATE

7 SUPPLEMENTATION OF PROGRAM.

8 ‘‘(a) The Secretary may enter into an agreement with

9 a State under which State funds are advanced to the Sec10 retary for the purpose of—

11 ‘‘(1) purchasing commodities of the types typi12 cally purchased for distribution under the program

13 authorized under this Act;

14 ‘‘(2) processing, packaging, handling, storage,

15 or delivery of commodities purchased under para16 graph (1); and

17 ‘‘(3) paying for the Secretary’s administrative

18 costs under this subsection.

19 ‘‘(b) The State shall distribute commodities pur20 chased under subsection (a) only to emergency feeding or21 ganizations that have entered into an agreement for par22 ticipation in the program authorized by this Act for use

23 in providing food assistance to needy households that meet

24 the eligibility criteria established by the State for the re25 ceipt of commodities provided under section 214 of this

26 Act. The Secretary shall establish any additional require-
3

HR 3978 IH

1 ments associated with the distribution of commodities ob2 tained under subsection (a) in accordance with subsection

3 203D(a) of this Act.’’.

Æ
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

CIVIL NO.09-13491

HON. PATRICK J. DUGGAN

MATHISEN CO.,

Plaintiff(s),

-vFEDERAL INSURANCE CO.,

 Defendant(s)

 /

ORDER FOR CASE EVALUATION PURSUANT TO STIPULATION OF PARTIES

At a session of said Court, held in the U.S.

 District Courthouse, City of Detroit, County

 of Wayne, State of Michigan on September 17, 2009.

 PRESENT: THE HONORABLE PATRICK J. DUGGAN

 United States District Court Judge

The parties having stipulated that this case be referred for case evaluation to a 

Wayne County Case Evaluation Panel and that the parties be bound by the provisions 

of Michigan Court Rule 2.403, now therefore,

IT IS ORDERED that this case be referred for case evaluation pursuant to said 

Stipulation.

s/Patrick J. Duggan 

Patrick J. Duggan

United States District Judge

Dated:September 17, 2009

I hereby certify that a copy of the foregoing document was served upon counsel of

record on September 17, 2009, by electronic and/or ordinary mail.

s/Marilyn Orem 

Case Manager

2:09-cv-13491-PJD-MKM Doc # 9 Filed 09/17/09 Pg 1 of 1 Pg ID 24
#### Michael J. DERBY, Libelant-Appellee, v. The STEAMTUG BERN, The Reading Company, Claimant-Appellant. THORNE NEALE & CO., Inc., Libelant-Appellee, v. The STEAMTUG BERN, The Reading Company, Claimant-Appellant.

No. 225.

Circuit Court of Appeals, Second Circuit.

March 7, 1938.

Macklin, Brown, Lenahan & Speer, of New York City (Paul Speer and Horace L. Cheyney, both of New York City, of counsel), for appellant.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for appellee Michael J. Derby.

Earl Appleman, of New York City, for appellee Thorne Neale & Co.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

Decree affirmed.
Exhibit
32.1








CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT 0F 2002





In
connection with the Quarterly Report of Across America Financial Services, Inc.
(the Company") on Form 10-Q for the period ended herein as filed with the
Securities and Exchange Commission (the "Report"), I. Brian L. Klemsz, Chief
Executive and Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:





(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 fully presents, in all material respects,
the financial condition and results of operations or the Company.





Date:  AUGUST
18, 2008


/s/ Brian L.
Klemsz


Chief
Executive Officer


Chief
Financial Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               MAR-31-1996
<CASH>                                          56,180
<SECURITIES>                                    25,472
<RECEIVABLES>                                   20,025
<ALLOWANCES>                                       294
<INVENTORY>                                      4,646
<CURRENT-ASSETS>                               107,469
<PP&E>                                           8,889
<DEPRECIATION>                                   1,575
<TOTAL-ASSETS>                                 122,246
<CURRENT-LIABILITIES>                           15,076
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            40
<OTHER-SE>                                     106,351
<TOTAL-LIABILITY-AND-EQUITY>                   122,246
<SALES>                                         23,392
<TOTAL-REVENUES>                                23,392
<CGS>                                           10,823
<TOTAL-COSTS>                                   10,823
<OTHER-EXPENSES>                                 9,983
<LOSS-PROVISION>                                    10
<INTEREST-EXPENSE>                                  65
<INCOME-PRETAX>                                  2,763
<INCOME-TAX>                                        80
<INCOME-CONTINUING>                              2,683
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,683
<EPS-PRIMARY>                                     0.15
<EPS-DILUTED>                                     0.06


</TABLE>
Exhibit 23.1

 

Consent of Independent Auditors 

 

We consent to the incorporation by reference in the Registration Statements(Form S-3 No. 333-20143 and Form S-3 No. 333-55916) of Jameson Inns, Inc. and the related Prospectuses of our report dated February 11, 2003, with respect to the consolidated financial statements and schedule of Jameson Inns, Inc. and our reportdated February 25, 2003 with respect to the consolidated financial statements of Kitchin Hospitality, LLC included in this Annual Report on Form 10-K for the year ended December 31, 2002. 

 

/s/ Ernst & Young LLP 

 

Atlanta, Georgia 

March 7, 2003
ex10_o-20.htm


    
      

    

    Exhibit
10-O-20

    


    

     

     

     

    
      
        	 
      	
                World
      Headquarters, Room 538

              
	 
      	
                One
      American Road

              
	 
      	
                Dearborn,
      MI 48126-2798

              
	 
      	 
      
	 
      	
                [Date]

              


      

    

    


    Dear
[Name],

    


    In
recognition of Company, CBG, and individual performance during 2006-2008, the
Compensation Committee of the Board of Directors has approved the following
incentive compensation for you:

    


    The 2006
– 2008 performance period for the 2006 Performance Stock Right (PSR) grant ended
on December 31, 2008.  The performance metrics for the 2006 grant,
each with a 20% weighting, were:

    


    
      	
               
      

            	
              •

            	
              Total
      shareholder return relative to the S&P
500

            


    

    
      	
               
      

            	
              •

            	
              Total
      cost performance

            


    

    
      	
               
      

            	
              •

            	
              Global
      market share

            


    

    
      	
               
      

            	
              •

            	
              Customer
      satisfaction as measured by Things Gone Wrong (TGW) at 3 months in
      service

            


    

    
      	
               
      

            	
              •

            	
              Launch
      metrics

            


    

    


    Based on
performance against these metrics, the Compensation Committee has approved the
following:

    


    
      	
              Original
      Grant:

            	
              [     ]

            


    

    
      	
              Performance-Based
      PSR payout:

            	
              [     ]%
      of the original grant

            


    

    
      	
              PSR
      Final Award:

            	
              [     ]

            


    

    


    Your
final award in shares of Ford Common Stock, less shares withheld to cover any
tax liability on the value of the grant, will be deposited into an account at
Smith Barney.  Smith Barney will mail a tax statement including your
taxable income and withholding tax to your home the week of
[                 ].  The
value of your final award is determined using the Fair Market Value of
$[     ] of Ford Motor Company Common Stock on [Date of
Settlement].

    


    All
stock-based awards are subject to the terms of the 1998 Long-Term Incentive
Plan.  Additional information regarding all of your stock-based awards
is available on HR ONLINE.  If you have further questions regarding
your awards, please contact [Name] at [Phone Number].

    


    Thank you
for all your efforts and continued leadership.
[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Notices]
[Page 46632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18251]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Alcohol Abuse and Alcoholism; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), 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 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, 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 on Alcohol Abuse and 
Alcoholism Initial Review Group Biomedical; Research Review 
Subcommittee.
    Date: October 20-21, 2008.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 
Wisconsin Avenue, Bethesda, MD 20814.
    Contact Person: Philippe Marmillot, PhD., Scientific Review 
Administrator, National Institutes of Health, National Institute on 
Alcohol Abuse and Alcoholism, 635 Fishers Lane, Rm. 3045, Bethesda, 
MD 20892, 301-443-2861, <a href="/cdn-cgi/l/email-protection#8ae7ebf8e7e3e6e6e5fefacae7ebe3e6a4e4e3e2a4ede5fc"><span class="__cf_email__" data-cfemail="2845495a45414444475c58684549414406464140064f475e">[email protected]</span></a>

(Catalogue of Federal Domestic Assistance Program Nos. 93.271, 
Alcohol Research Career Development Awards for Scientists and 
Clinicians; 93.272, Alcohol National Research Service Awards for 
Research Training; 93.273, Alcohol Research Programs; 93.891, 
Alcohol Research Center Grants, National Institutes of Health, HHS)

    Dated: July 31, 2008.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
 [FR Doc. E8-18251 Filed 8-8-08; 8:45 am]
BILLING CODE 4140-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

SHIEK D. SMITH-EL,

Petitioner,

v. CASE NO. 09-11309

HONORABLE GEORGE CARAM STEEH

WARREN C. EVANS, MAGISTRATE JUDGE HLUCHANIUK

Respondent.

_______________________________/

ORDER OF DISMISSAL

On April 8, 2009, petitioner Shiek D. Smith-El filed a pro se petition for the writ of

habeas corpus. At the time, Petitioner was confined at the Wayne County Jail in Hamtramck,

Michigan. The habeas petition appeared to challenge a Wayne County Circuit Court order

holding Petitioner in contempt of court for refusing to pay child support. 

Although a habeas corpus petition is available to challenge a state court’s civil contempt

order for failure to pay child support, a petitioner must first exhaust state remedies for his claims.

Leonard v. Hammond, 804 F.2d 838, 840 (4th Cir. 1986). “It is the petitioner’s burden to prove

exhaustion.” Rust v. Zent, 17 F.3d 155, 160 (6th Cir. 1994) (citing Darr v. Burford, 339 U.S.

200, 218-19 (1950)). Petitioner has failed to show that he exhausted any state remedies for his

claims. 

Furthermore, he has failed to keep the Court informed of his current address. He paid the

filing fee for this action on April 16, 2009, and he applied for appointment of counsel on April

17, 2009. However, a document mailed to Petitioner at the Wayne County Jail in May of 2009

was returned to the Court on July 17, 2009, with the notations “RTS Released” and “Return to
2

Sender. Not Deliverable as addressed. Unable to forward.” The Court has not heard from

Petitioner for over a year, despite the fact that he apparently is no longer confined in jail. 

Accordingly, the habeas petition is DISMISSED without prejudice for failure to prosecute,

Local Rule 41.2 (E.D. Mich. Mar. 2, 1998), and for failure to exhaust state remedies, 28 U.S.C. §

2254(b)(1).

Dated: June 2, 2010

S/George Caram Steeh 

GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

June 2, 2010, by electronic and/or ordinary mail.

S/Josephine Chaffee

Deputy Clerk