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

FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 05-cr-167-PB

Dario Manon

O R D E R

The defendant, through counsel, has moved to continue the

February 6, 2007 trial in the above case, citing the need for

additional time to consult with his attorneys, with the aid of an

interpreter, to prepare for trial or alternative disposition. 

The government does not object to a continuance of the trial

date.

Accordingly, for the above reasons and to allow the parties

additional time to properly prepare for trial, the court will

continue the trial for 30 days from February 6, 2007 to March 6,

2007. In agreeing to continue the trial, the court finds

pursuant to 18 U.S.C.A. § 3161(h)(8)(A) that for the above-stated

reasons, the ends of justice served in granting a continuance 

Case 1:05-cr-00167-PB Document 41 Filed 01/23/07 Page 1 of 2
2

outweigh the best interests of the public and the defendant in a

speedy trial.

The January 26, 2007 final pretrial conference is continued

to February 22, 2007 at 4:15 p.m. No further continuances will

be allowed in this case.

SO ORDERED.

/s/Paul Barbadoro 

Paul Barbadoro

United States District Judge

January 23, 2006

cc: Paul Garrity, Esq.

Sven Wiberg, Esq.

Arnold Huftalen, AUSA

United States Probation

United States Marshal

Case 1:05-cr-00167-PB Document 41 Filed 01/23/07 Page 2 of 2
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 05-cr-215-PB

Larry Stallings, et al.

O R D E R

Defendant, Michael Wyatt, has moved to continue the February

6, 2007 trial in the above case, citing the need for additional

time to engage in plea negotiations or prepare for trial. The

government and co-defendants do not object to a continuance of

the trial date. 

Accordingly, in order to allow the parties additional time

to negotiate a plea agreement or properly prepare for trial, the

court will continue the trial from February 6, 2007 to May 1,

2007. In agreeing to continue the trial, the court finds

pursuant to 18 U.S.C.A. § 3161(h)(8)(A) that for the above-stated

reasons, the ends of justice served in granting a continuance

outweigh the best interests of the public and the defendants in a 

Case 1:05-cr-00215-PB Document 71 Filed 01/17/07 Page 1 of 2
2

speedy trial.

The January 18, 2007 final pretrial conference is continued

to April 19, 2007 at 4:00 p.m.

SO ORDERED.

/s/Paul Barbadoro 

Paul Barbadoro

United States District Judge

January 16, 2007

cc: Michael Smith, Esq.

 Ray Raimo, Esq.

William Christie, Esq.

R.P. Cornelius, Esq.

William Cornelius, Esq.

Bjorn Lange, Esq.

Jonathan Saxe, Esq.

Paul Pappas, Esq.

Donald Feith, AUSA

United States Probation

United States Marshal

Case 1:05-cr-00215-PB Document 71 Filed 01/17/07 Page 2 of 2
ex_154887.htm


Exhibit 10.5


 


FIRST AMENDMENT TO THE AMENDED AND RESTATED TWO RIVER COMMUNITY BANK SUPPLEMENTAL EXECUTIVE RETIREMENT AGREEMENT


 


THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED SUPPLEMENTAL EXECUTIVE RETIREMENT AGREEMENT (this “Amendment”) is made as of August 8, 2019 by and between Two River Community Bank (“TRCB” or “Employer”), a banking corporation organized under the laws of the State of New Jersey, with its principal office at 766 Shrewsbury Avenue, Tinton Falls, New Jersey 07724; and William D. Moss (“Executive”), whose business address is 766 Shrewsbury Avenue, Tinton Falls, New Jersey 07724.


 


WHEREAS, TRCB and Executive executed an Amended and Restated Supplemental Executive Retirement Agreement (the “Agreement”) dated July 1, 2013; and


 


WHEREAS, Pursuant to Section 8.1 of the Agreement TRCB has reserved to itself the right to amend the Agreement from time to time; and


 


WHEREAS, TRCB wishes to amend the Agreement to revise the definition of Cause.


 


NOW THEREFORE, the Bank determines as follows:


 


Section 5.1 of the Agreement is amended and replaced as follows:


 


	
			5.1

				
			Termination for Cause. Notwithstanding any provision of this Agreement to the contrary, the Participant shall forfeit any right to a benefit under this Agreement if, at any time prior to a Change in Control, the Bank terminates the Participant's service for Cause. Termination of the Participant's service for "Cause" shall mean any of the following acts or circumstances: gross negligence or gross neglect of duties to TRCB; conviction of a felony or of a gross misdemeanor involving moral turpitude in connection with the executive’s employment with TRCB; or fraud, disloyalty, dishonesty or willful violation of any law or significant TRCB policy committed in connection with the executive's employment and resulting in a material adverse effect on TRCB.

			



 



 




 




 


IN WITNESS WHEREOF, the Bank and the Executive hereby execute this Amendment.


 


	
			EXECUTIVE:


			 


			 


			/s/ William D. Moss                


			William D. Moss           

				
			TWO RIVER COMMUNITY BANK


			 


			 


			By: /s/ A. Richard Abrahamian           


			        A. Richard Abrahamian
Case 1:05-cv-00256-SM   Document 24   Filed 02/05/07   Page 1 of 2

Case 1:05-cv-00256-SM   Document 24   Filed 02/05/07   Page 2 of 2
Electronically Filed Intermediate Court of Appeals CAAP-18-0000094 18-APR-2019 08:16 AM
(logo)TORCHLIGHT

 

**FORM OF ANNUAL COMPLIANCE STATEMENT**

 

CERTIFICATION

 

BANK 2018-BNK13, Commercial Mortgage Pass-ThroughCertificates, Series 2018-BNK13

(the “Trust”)

 

I,William A. Clarkson, on behalf of Torchlight Loan Services, LLC, as GeneralSpecial Servicer (the “Certifying Servicer”), certify to Wells FargoCommercial Mortgage Securities, Inc. and its officers, directors andaffiliates, and with the knowledge and intent that they will rely upon thiscertification, that:

 

1.       I(or Servicing Officers under my supervision) have reviewed the CertifyingServicer’s activities during the preceding calendar year between August 1 andDecember 31, 2018 (the “Reporting Period”) and the Certifying Servicer’sperformance under the Pooling and Servicing Agreement; and

 

2.       Tothe best of my knowledge, based on such review, the Certifying Servicer hasfulfilled all of its obligations under the Pooling and Servicing Agreement inall material respects during the Reporting Period.   

 

 

Date: February 28, 2019

 

TORCHLIGHTLOAN SERVICES, LLC,

asGeneral Special Servicer

 

 

By:/s/ William A. Clarkson      

Name:William A. Clarkson

Title:Authorized Signatory
UNITED STATES

SECURITIESAND EXCHANGE COMMISSION

Washington,D.C. 20549

FORM 10-Q

```
**[ X ]                   QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d)
                                OF THE SECURITIES EXCHANGE ACT OF 1934**
```

For the quarterly period ended March 31, 2002

OR

```
**[    ]                 TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d)
                               OF THE SECURITIES EXCHANGE ACT OF 1934**
```

```
**For the transition period from           to         .**
                                                            ---------    --------
```

CommissionFile Number 1-10272

ARCHSTONE-SMITH OPERATING TRUST

(Exact nameof registrant as specified in its charter)

```
**Maryland                                                    74-6056896
 (State or other jurisdiction of incorporation                              (I.R.S. employer
               or organization)                                           identification no.)**
```

9200 E Panorama Circle, Suite 400
<TABLE> <S> <C>

<ARTICLE>                    UT
<CIK>                        0000079732
<NAME>                       POTOMAC ELECTRIC POWER COMPANY
<SUBSIDIARY>
   <NUMBER>                  1
   <NAME>                    PEPCO HOLDINGS, INC.
<MULTIPLIER>                 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    4,491,400
<OTHER-PROPERTY-AND-INVEST>                          0
<TOTAL-CURRENT-ASSETS>                         490,300
<TOTAL-DEFERRED-CHARGES>                       659,900
<OTHER-ASSETS>                               1,216,200
<TOTAL-ASSETS>                               6,857,800
<COMMON>                                       118,500
<CAPITAL-SURPLUS-PAID-IN>                    1,011,600
<RETAINED-EARNINGS>                            744,400
<TOTAL-COMMON-STOCKHOLDERS-EQ>               1,874,500
<PREFERRED-MANDATORY>                           50,000
<PREFERRED>                                    100,000
<LONG-TERM-DEBT-NET>                         1,966,500
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                 171,600
<LONG-TERM-DEBT-CURRENT-PORT>                        0
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                    156,100
<LEASES-CURRENT>                                20,800
<OTHER-ITEMS-CAPITAL-AND-LIAB>               2,518,300<F1>
<TOT-CAPITALIZATION-AND-LIAB>                6,857,800
<GROSS-OPERATING-REVENUE>                      973,600
<INCOME-TAX-EXPENSE>                            38,700
<OTHER-OPERATING-EXPENSES>                     796,800
<TOTAL-OPERATING-EXPENSES>                     835,500
<OPERATING-INCOME-LOSS>                        138,100
<OTHER-INCOME-NET>                              39,700
<INCOME-BEFORE-INTEREST-EXPEN>                 177,800
<TOTAL-INTEREST-EXPENSE>                        76,500
<NET-INCOME>                                   101,300
<PREFERRED-STOCK-DIVIDENDS>                      4,000
<EARNINGS-AVAILABLE-FOR-COMM>                   97,300
<COMMON-STOCK-DIVIDENDS>                        98,300
<TOTAL-INTEREST-ON-BONDS>                      139,700<F2>
<CASH-FLOW-OPERATIONS>                         154,900
<EPS-BASIC>                                      $0.82
<EPS-DILUTED>                                    $0.81
<FN>
<F1>Includes mandatorily redeemable preferred securities of subsidiary trust.
<F2>Total annualized interest costs for all utility long-term debt and mandatorily
redeemable preferred securities of subsidiary trust outstanding at June 30,
1999.
</FN>


</TABLE>
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No.05-cr-126-03-SM

Douglas Abernathy

O R D E R

On April 8, 2010, defendant appeared for a probable cause

hearing under Fed. R. Crim. P. 32.1 on three alleged violations

of conditions of supervision. Defendant did not contest

violations one and two, but as to violation 3 he states that he

asked the arresting officer to notify Officer Daniel of his

detention and also emailed him. Daniel says he received no

email. I therefore find probable cause to hold him for a

revocation hearing on all three alleged violations. 

Defendant sought bail conditions under Rule 32.1(a)(6). 

Under Rule 32.1(a)(6) defendant bears the burden of establishing

by clear and convincing evidence that he will not flee and that

he poses no danger to any other person or to the community.

Defendant poses no risk of flight, but he has a severe drinking

problem, has used alcohol and driven, and has been so drunk in a

public place that he was put in protective custody. He has

failed to complete two treatment programs. He is a danger to the

Case 1:05-cr-00126-SM Document 42 Filed 04/08/10 Page 1 of 2
community. There are no conditions which are likely to assure

the safety of the community. 

Accordingly, it is ORDERED that the defendant be detained

pending trial. 

The defendant is committed to the custody of the Attorney

General or his designated representative for confinement in a

corrections facility separate, to the extent practicable, from

persons awaiting or serving sentences or being held in custody

pending appeal. The defendant shall be afforded a reasonable

opportunity for private consultation with defense counsel. On

order of a court of the United States or on request of an

attorney for the government, the person in charge of the

corrections facility shall deliver the defendant to the United

States Marshal for the purpose of an appearance in connection

with a court proceeding. 

SO ORDERED.

_________________________________

James R. Muirhead

United States Magistrate Judge

Date: April 8, 2010

cc: Bjorn R. Lange, Esq.

 Alfred J.T. Rubega, Esq.

 U.S. Marshal

 U.S. Probation

2

Case 1:05-cr-00126-SM Document 42 Filed 04/08/10 Page 2 of 2
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

ISHMAIL MYRICK,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 173 EAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 11th day of September, 2018, the Petition for Allowance of Appeal

is DENIED.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-30541 Conference Calendar

NELSON SMITH, Plaintiff-Appellant,

versus MARK A. MARINO, Mr., I.D.B.; FIFTH CIRCUIT COURT OF APPEALS, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Eastern District of Louisiana

USDC No. 98-CV-1188-J

-------------------- October 20, 1999 Before JONES, WIENER, and STEWART, Circuit Judges. PER CURIAM: * Nelson Smith, Louisiana prisoner # P-1, C19, seeks leave to proceed in forma pauperis (IFP), following the district court’s certification that his appeal from the denial of his motion for leave to file a civil-rights complaint was not taken in good faith. Smith argues that the district court abused its discretion in dismissing his complaint, that counsel handled the appeal fromNo. 98-30541 -2- his conviction in an inappropriate manner, as frivolous. Marino,

Smith’s court-appointed criminal attorney is not a state actor for purposes of § 1983 liability. Polk County v. Dodson , 454 U.S. 312, 324-25 (1981); see also Mills v. Criminal Dist. Court No. 3 , 937 F.2d 677, 679 (5th Cir. 1988). The district court did not abuse its discretion in dismissing Smith’s claims against Marino as frivolous because he was not a state actor as required for liability under § 1983. Smith’s appeal is without arguable merit and is frivolous. Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). Accordingly, Smith’s IFP motion is DENIED and the appeal is DISMISSED. 5 TH C IR . R. 42.2. Smith’s motion to appoint counsel and supplement the record is also DENIED. The dismissal of this appeal as frivolous counts as a strike for purposes of 28 U.S.C. § 1915(g) as does the district court’s dismissal as frivolous of the original complaint. We caution Smith that he has already accrued two strikes and that once he accumulates three strikes, he may not proceed IFP in any civil action or appeal filed while he is in prison unless he is under imminent danger of serious physical injury. See 28 U.S.C. § 1915(g). MOTIONS DENIED; APPEAL DISMISSED; WARNING ISSUED.
#### Finkelstein *v.*Griffin, Chief Justice, et al.

(No. 24323

Decided October 11, 1933.)

*Mr. William L. Brooher,*for relator.

*320
      *Mr. W. Geo. Kerr, Mr. Alfred Glum, Mr. Frederick W. Frey*and *Mr. M. Keith Wilson,*for respondents.

It is ordered and adjudged that a writ of prohibition be denied on authority of *Silliman*v. *Court of Common Pleas of Williams County,*126 Ohio St., 338.

*Writ denied.*

Weygandt, 0 J., Allen, Stephenson, Jones, Matthias, Bevis and Zimmerman, JJ., concur.
#### In the Matter of State Farm Mutual Insurance Com*391pany, Appellant, v Luis Lopez, Respondent.

In a proceeding pursuant to CPLR article 75 to stay the arbitration of a claim for underinsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Nassau County (Molloy, J.), dated March 28, 1989, which denied the application.

Ordered that the order is reversed, on the law, with costs, the application for a permanent stay of arbitration is granted, and the matter is remitted to the Supreme Court, Nassau County, for the entry of an appropriate judgment.

Pursuant to the terms of the underinsured motorist endorsement contained in the relevant insurance policy, no bodily injury coverage would be furnished to "any insured who, without [the petitioner’s] written consent, settles with any person * * * who may be liable for the bodily injury”. It is conceded that respondent Luis Lopez did not obtain the written permission of the petitioner before he settled with a tortfeasor who was liable to him for certain bodily injuries.

The release given by respondent Luis Lopez to this tortfeasor included a provision stating that "this release does not include * * * any underinsured motorist claim relating to the personal insurance policy of Luis Lopez”. It is not clear whether this language was intended by the parties to the release to preserve Lopez’s right to make an underinsured motorist claim against the petitioner, or rather to preserve the petitioner’s right to bring a subrogation action against the tort-feasor. The ambiguity in the foregoing language gives rise to an issue of fact, resolution of which would require a hearing as to the exact meaning of the release *(see, e.g., Clifton Steel Corp. v County of Monroe Pub. Works Dept.,*120 AD2d 924; *Dury v Dunadee,*52 AD2d 206, 208-209).

Under these circumstances, the respondent Lopez’s failure to obtain the petitioner’s written consent before issuing the subject release must be considered prejudicial, since the petitioner would have to litigate the scope of the release in any subrogation action brought against the tort-feasor. Since it cannot be said, as a matter of law, that the terms of the release in question protected the petitioner’s subrogation rights, the respondent may not be excused from his failure to obtain the petitioner’s written consent prior to issuing that release *(see, State Farm Mut. Auto. Ins. Co. v Taglianetti,*122 AD2d 40). Therefore, petitioner’s application for a permanent stay of arbitration of the respondent’s claim for underinsured motorist benefits is granted. Mangano, P. J., Bracken, Rubin and Rosenblatt, JJ., concur.
[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Notices]
[Page 54430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21130]


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

DEPARTMENT OF THE INTERIOR

National Park Service


Selma to Montgomery National Historic Trail Advisory Council; 
Notice of Meeting

    Notice is hereby given in accordance with the Federal Advisory 
Committee Act, Public Law 92-463, that a meeting of the Selma to 
Montgomery National Historic Trail Advisory Council will be held 
Thursday, October 23, 2008 at 9 a.m. until 2 p.m., at the H. Councill 
Trenholm State Technical College, Library Tower--Video Conference Room 
317, 3086 Mobile Highway in Montgomery, AL. The Selma to Montgomery 
National Historic Trail Advisory Council was established pursuant to 
Public Law 100-192 establishing the Selma to Montgomery National 
Historic Trail. This Council was established to advise the National 
Park Service on such issues as preservation of trail routes and 
features, public use, standards for posting and maintaining trail 
markers, and administrative matters.
    The matters to be discussed include:
    (A) Update on trail projects.
    (B) Updates on the Montgomery Interpretive Center proposed sites.
    (C) Close out of the Committee.
    The meeting will be open to the public. However, facilities and 
space for accommodating members of the public are limited and persons 
will be accommodated on first come, first serve basis. Anyone may file 
a written statement with Catherine F. Light, Trail Superintendent 
concerning the matters to be discussed.
    Persons wishing further information concerning this meeting may 
contact Catherine F. Light, Trail Superintendent, Selma to Montgomery 
National Historic Trail, at 334.727.6390 (phone), 334.727.4597 (fax) or 
mail 1212 West Montgomery Road, Tuskegee Institute, Alabama 36088. Or 
call Jim Heaney, Program Manager at 334-877-1984.

    Dated: August 19, 2008.
Catherine F. Light,
Selma to Montgomery National Historic Trail, Superintendent.
[FR Doc. E8-21130 Filed 9-18-08; 8:45 am]
BILLING CODE 4310-04-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

                    The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage                     *de novo*, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States.                

                    Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center website at                     *www.ffiec.gov/​nic/​*.                

Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than February 21, 2008.

**A. Federal Reserve Bank of St. Louis**                     (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034:                

*1. Evolve Financial Group, Inc.*, Cordova, Tennessee; to acquire 100 percent of the voting shares of AFS Investment Advisors, Inc., Austin, Texas, and thereby engage in investment advisory activities, pursuant to section 225.28(b)(6)(i) of Regulation Y.                

Board of Governors of the Federal Reserve System, January 31, 2008.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. E8-2036 Filed 2-4-08; 8:45 am]

BILLING CODE 6210-01-S
June 19, 2012

JUDGMENT

The Fourteenth Court of Appeals

JOSEPH WITHERSPOON, Appellant

NO. 14-12-00261-CV V.

WELLS FARGO BANK, NA, ET AL, Appellee

________________________________

Today the Court heard its own motion to dismiss the appeal from the judgment 

signed by the court below on March 5, 2012. Having considered the motion and found it 

meritorious, we order the appeal DISMISSED.

We further order that all costs incurred by reason of this appeal be paid by 

appellant, Joseph Witherspoon.

We further order this decision certified below for observance.