alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Claim of Gregory Jweid, Respondent, v Vicks Lithograph & Printing et al., Appellants. Workers' Compensation Board, Respondent.

[807 NYS2d 468]

Kane, J.

Appeal from a decision of the Workers’ Compensation Board, filed October 17, 2003, which ruled that claimant was entitled to a schedule loss of use award.

In February 1999, claimant injured his back while lifting bundles of paper into a dumpster at work. Doctors initially diagnosed him with sciatica, a herniated disc and a prolapsed lumbar disc. A workers’ compensation claim was established for a work-related injury to claimant’s lower back and he was awarded benefits. He underwent back surgery in April 2000, May 2000 and February 2001. Following surgery, he developed problems with his left leg and foot. As a result, his claim was amended to include a left foot drop injury consequential to his established back injury. Medical evidence was adduced establishing a causal relationship between claimant’s left foot drop and his February 1999 back injury as well as a 40% loss of use of the left foot, and also a permanent partial disability of his back. With respect to claimant’s left foot drop, the Workers’ Compensation Law Judge concluded that claimant suffered a 40% loss of use and made a schedule loss award on this basis, then closed the case. The Workers’ Compensation Board affirmed that decision and this appeal by the employer and its workers’ compensation carrier ensued.

“Whether a condition warrants a schedule loss award or an award of continuing disability benefits is a question of fact for resolution by the Board” *(Matter of Dillabough v Jaquith Indus.,*305 AD2d 884, 885 [2003] [citations omitted]; *see Matter of Somers v Texaco, Inc.,*174 AD2d 842, 843 [1991]). Here, there was a consensus of medical opinion that claimant suffers a consequential left foot drop injury due to the surgeries necessitated by his February 1999 back injury. Three physicians *931opined that he suffers a 40% loss of use of the left foot as a result. The medical proof further established that claimant has reached maximum medical improvement with respect to his back injury and that his back condition is fairly stable. Where there is no continuing need for medical treatment and the medical condition is essentially stable, a schedule loss of use award is appropriate rather than an award for continuing disability benefits *(compare Matter of Walker v New Process Gear Div.,*201 AD2d 768, 769 [1994]; *Matter of Jett v Mark Baking Co.,*192 AD2d 895, 897 [1993]). Thus, we find that the Board’s determination was based on substantial evidence *(see Matter of Andrews v T & G Floor & Wall Covering,*122 AD2d 355 [1986]).

Mercure, J.P., Carpinello and Rose, JJ., concur. Ordered that the decision is affirmed, without costs.
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Timothy W. Hazelton, Sr.

 v.

NH Department of Corrections, 

Commissioner, et al.

Civil No. 08-cv-419-JL

O R D E R

No objection having been filed, I herewith approve the Report and 

Recommendation of Magistrate Judge Landya B. McCafferty dated April 

10, 2013. The court notes only that the first full paragraph of the 

Report and Recommendation should not be construed to suggest that mere 

court approval of, or specified terms within, a settlement stipulation 

can confer jurisdiction on this court to enforce a settlement. Such 

jurisdiction is limited to situations provided for in Kokkonen. 

Disability Law Ctr., 2012 WL 1237760, *6 (D MA 2012). 

“‘[O]nly those issues fairly raised by the objections to the 

magistrate's report are subject to review in the district court and 

those not preserved by such objection are precluded on appeal.’” 

School Union No. 37 v. United Nat'l Ins. Co., 617 F.3d 554, 564 (1st 

Cir. 2010) (quoting Keating v. Secretary of Health & Human Servs., 848 

F.2d 271, 275 (1st Cir.1988)); see also United States v. 

Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) (after proper notice, 

Case 1:08-cv-00419-JL Document 51 Filed 05/09/13 Page 1 of 2
failure to file a specific objection to magistrate's report will waive 

the right to appeal). 

SO ORDERED.

____________________________

Joseph N. Laplante

Chief Judge

Date: 

cc: Timothy W. Hazelton, Sr.

Michael Sheehan, Esq.

Brian Buonamano, Esq.

Danielle Leah Pacik, Esq.

May 9, 2013

Case 1:08-cv-00419-JL Document 51 Filed 05/09/13 Page 2 of 2
<TABLE> <S> <C>

<PAGE>
<ARTICLE>     5
<CIK>         0001023397
<NAME>        NEWRIDERS, INC.
       
<S>                                        <C>
<PERIOD-TYPE>                              3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          53,281
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                    271,916
<CURRENT-ASSETS>                               419,756
<PP&E>                                       1,840,117
<DEPRECIATION>                                 196,404
<TOTAL-ASSETS>                               2,429,191
<CURRENT-LIABILITIES>                        1,300,099
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        17,368
<OTHER-SE>                                    (460,963)
<TOTAL-LIABILITY-AND-EQUITY>                 2,429,191
<SALES>                                        214,163
<TOTAL-REVENUES>                               214,163
<CGS>                                           64,792
<TOTAL-COSTS>                                1,081,777
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             363,379
<INCOME-PRETAX>                             (1,230,993)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,230,993)
<EPS-PRIMARY>                                    (0.07)
<EPS-DILUTED>                                    (0.07)
        

</TABLE>
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Rebecca A. Leonard,

Claimant

v. Civil No. 08-cv-278-SM

Michael J. Astrue, Commissioner,

Social Security Administration,

Defendant

O R D E R

On August 31, 2009, the Magistrate Judge issued a Report and

Recommendation, recommending that the court deny claimant’s

Motion for Order Reversing the Decision of the Commissioner and

grant defendant’s Motion for Order Affirming the Decision of the

Commissioner. Claimant has not objected. 

After having reviewed the Report and Recommendation, as well

as the Administrative Law Judge’s decision, the administrative

record, and the parties’ legal memoranda, the court hereby

approves the Report and Recommendation for the reasons set forth

therein. Accordingly, claimant’s motion (document no. 8) is

denied and defendant’s motion (document no. 10) is granted. 

The Clerk of Court shall enter judgment in accordance with

this order and close the case. 

Case 1:08-cv-00278-SM Document 13 Filed 09/24/09 Page 1 of 2
2

SO ORDERED.

____________________________

Steven J. McAuliffe

Chief Judge

September 24, 2009

cc: D. Lance Tillinghast, Esq.

Robert J. Rabuck, Esq.

Case 1:08-cv-00278-SM Document 13 Filed 09/24/09 Page 2 of 2
15

A.10. Characteristics of Bank Loans to Farmers -- Small and Mid-sized Farm Lenders, by Size of LoaPercent except as noted

$1,000 to $10,000 to $25,000 to $50,000 to $100,000 t

Loan characteristic All sizes $9,999 $24,999 $49,999 $99,999 $249,999 Volume of loans (thousands of dollars) 317,311 18,852 38,120 40,247 74,363 63,60Number of loans 8,816 3,359 2,639 1,176 1,094 40Weighted average maturity (months)1 27.53 9.20 13.51 20.77 27.92 26.6

Weighted average repricing interval (months)2 14.97 5.87 9.14 8.52 10.30 13.7

Weighted average risk rating3 2.27 2.52 2.46 2.37 2.12 2.0

Weighted average interest rate4 8.82 9.12 8.91 9.19 8.78 8.5

 Standard error5 .11 .19 .04 .06 .23 .3

 Interquartile range6 75th percentile 9.30 9.67 9.35 9.73 9.35 9.1 25th percentile 8.17 8.31 8.49 8.70 8.16 8.0 Purpose of loan Feeder livestock 8.74 9.32 8.92 8.61 8.31 8.2 Other livestock 8.88 9.42 9.18 9.39 8.81 8.6 Other current operating expenses7 9.05 9.04 8.87 9.38 8.89 9.5

 Farm machinery and equipment 8.53 9.45 8.86 9.34 7.22 7.2 Farm real estate 8.27 7.09 7.50 8.45 8.76 8.3 Other8 9.16 9.51 9.07 8.67 9.44 8.0

Share of total loan volume Features of loan Floating rates 50.98 38.28 44.35 46.50 50.88 54.0 Under commitment 62.04 60.99 52.76 54.05 50.80 60.2 Callable 15.10 21.03 15.72 21.19 11.99 12.6 Purpose of loan Feeder livestock 26.85 8.51 16.22 14.15 21.42 36.6 Other livestock 15.72 9.73 12.17 14.45 23.94 16.6 Other current operating expenses7 34.90 72.09 57.23 51.30 35.15 25.7

 Farm machinery and equipment 4.50 6.26 10.47 11.06 1.48 5.6 Farm real estate 13.41 1.23 .53 4.26 5.13 13.0 Other8 4.63 2.20 3.38 4.79 12.87 2.3

 Type of collateral Farm real estate 24.65 4.78 8.29 15.18 21.06 31.7 Other 74.53 90.66 88.34 83.67 78.94 68.2 Note. Most small and mid-sized farm lenders that reported loans to farmers had less than $25 million in farm loans. For explanation of footnotes, see table A.8. n.a. Not available.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO.03-01-00550-CV

Consolidated Concepts, Inc., Appellant

v.

Large & Sons Foundation Drilling, Inc., Appellee

FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY

NO. 255,352, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING

Appellant Consolidated Concepts, Inc., filed an unopposed motion to dismiss its

appeal, explaining that the parties settled the case.

The Court grants appellant’s motion and dismisses its appeal. See Tex. R. App. P.

42.1(a)(2).

 

Jan P. Patterson, Justice

Before Justices Kidd, Patterson and Puryear

Dismissed on Appellant’s Motion

Filed: April 18, 2002
2

Do Not Publish
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1537 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 1537

              For the relief of Perla Franccesca Segovia.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2001

 Mr. McIntyre introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
              For the relief of Perla Franccesca Segovia.

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

SECTION 1. PERMANENT RESIDENT STATUS FOR PERLA FRANCCESCA SEGOVIA.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Perla Franccesca Segovia 
shall be eligible for issuance of an immigrant visa or for adjustment 
of status to that of an alien lawfully admitted for permanent residence 
upon filing an application for issuance of an immigrant visa under 
section 204 of such Act or for adjustment of status to lawful permanent 
resident.
    (b) Adjustment of Status.--If Perla Franccesca Segovia enters the 
United States before the filing deadline specified in subsection (c), 
she shall be considered to have entered and remained lawfully and 
shall, if otherwise eligible, be eligible for adjustment of status 
under section 245 of the Immigration and Nationality Act as of the date 
of the enactment of this Act.
    (c) Deadline for Application and Payment of Fees.--Subsections (a) 
and (b) shall apply only if the application for issuance of an 
immigrant visa or the application for adjustment of status is filed 
with appropriate fees within 2 years after the date of the enactment of 
this Act.
    (d) Reduction of Immigrant Visa Number.--Upon the granting of an 
immigrant visa or permanent residence to Perla Franccesca Segovia, the 
Secretary of State shall instruct the proper officer to reduce by 1, 
during the current or next following fiscal year, the total number of 
immigrant visas that are made available to natives of the country of 
the alien's birth under section 203(a) of the Immigration and 
Nationality Act or, if applicable, the total number of immigrant visas 
that are made available to natives of the country of the alien's birth 
under section 202(e) of such Act.
                                 <all>
```
Exhibit
10.3




AGREEMENT








WHEREAS, under the various
agreements between the below named parties made from time to time, Dan Ference
(“Ference”)has served as the President or Chief Operating Officer for QoVox
Corporation (formerly known as North Electric Company, Inc.,  and
hereafter identified as “QoVox”) between October 1, 2001 and December 31, 2006;
and





WHEREAS, Dan Ference has not
received full compensation for his services provided to QoVox through December
31, 2006; and





WHEREAS, Dan Ference has from
time to time loaned money to and paid expenses of QoVox that have not been
reimbursed in full by QoVox as of December 31, 2006; and





WHEREAS,Datameg Corporation
(“Datameg”) issued certain option agreements to Dan Ference from time to time;
and





WHEREAS, the parties wish to
resolve all outstanding financial issues between them through December 31,
2006.





NOW, THEREFORE, the following
is hereby made the agreement of the parties:





1.           Datameg
shall cause to be issued within 30 days 2,650,000 unregistered Datameg commons
shares which shares are deemed to be fully paid for as of January 9, 2007 at a
fair market price of $.049/share.  Said issuance will be in complete
satisfaction of any and all amounts that may be due or are due to Ference by
Datameg or QoVox through December 31, 2006 under their various agreements,
including without limitation, salary, bonuses, loans, un-reimbursed expenses,
stock issuances, etc.





2.           Ference
acknowledges and agrees that all Datameg option agreement(s) issued to him prior
to January 1, 2007 by Datameg are hereby cancelled and each option agreement
shall be returned by him to Datameg for destruction.  In consideration
of the foregoing and as additional compensation under his QoVox employment
agreement dated January 1, 2007, Ference shall receive a Datameg standard option
agreement for 6,250,000 fully vested options exercisable for Datameg common
shares one for one at a $.06/share exercise price, terminating on the earlier of
60 days from termination of Ference’s employment agreement or December 31,
2009.





3.           Each
signatory warrants that he has authority to enter into this Agreement on behalf
of the entity or person indicated. Counterpart signatures are valid, and
facsimile signatures shall be deemed original signatures.





Datameg
Corporation





/s/ James
Murphy /s/
Dan Ference










By:  James
Murphy, CEO and
President                                      By:  Dan
Ference, Individually


Dated:        1/12/07                                                                           
Dated:          1/12/07





QoVox
Corporation





/s/ James
Murphy








By:  James
Murphy,   President


Dated:       1/12/07
UNITED STATES DISTRICT COURT

DISTRICT OF RHODE ISLAND

GORDON C. REID

V .

WARREN F . DOWALIBY, et al.

C.A. No . 06-44S

REPORT AND RECOMMENDATIO N

Lincoln D. Almond, United States Magistrate Judge

On May 18, 2006, the Judges of the District Court for the District of New Hampshire issued

an Order recusing themselves from this litigation because "Steven Monier, United States Marshal

for the District of New Hampshire, is a named defendant in this case." See Recusal Order in Civil

No. 06-CV-182-JD. Thus, on May 19, 2006, Chief Judge Steven T. McAuliffe issued an Order

transferring the case to this District. See Transfer Order in 06-CV-182-JD.

After some preliminary proceedings, Plaintiff has moved for voluntary dismissal as to

Marshal Monier pursuant to Fed . R. Civ. P. 41(a). By Order dated September 15, 2006, this Court

has granted that Motion, and Marshal Monier is no longer a party to this c ase. Thus, the basis for

the Recusal Order no longer exists . Given that all of the parties to this action and counsel for the

remaining Defendants are all located in New Hampshire , the case involves incidents allegedly

occurring in New Hampshire and is in its early stages, it would be more efficient to litigate this

matter in New Hampshire. Accordingly, given the voluntary dismissal of Marshal Monier, this

Court recommends that District Judge William E. Smith enter an order transferring this case back

to the District of New Hampshire.

Case 1:06-cv-00182-SM Document 34 Filed 09/18/06 Page 1 of 2
Any objection to this Report and Recommendation must be specific and must be filed with

the Clerk of the Court within ten (10) days of its receipt. Fed. R. Civ. P. 72(b); LR Cv 72 . Failure

to file specific objections in a timely manner constitutes a waiver of the right to review by the

District Court and the right to appeal the District Court's decision. United States v. ValenciaCopete, 792 F.2d 4 (1s` Cir. 1990).

Isl Lincoln D. Almond

LINCOLN D. ALMOND

United States Magistrate Judge

September 15, 2006

Case 1:06-cv-00182-SM Document 34 Filed 09/18/06 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, as amended;                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:                  August 18, 2006 | By:                            | /s/ Mitchell                  E. Appel |
|                                   | Mitchell                  E. Appel       |
|                                   | Chief                  Financial Officer |

----
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 Annual Report of The Dress Barn, Inc. (the “Company”) on
Form 10-K for the fiscal year ended July 31, 2010 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Armand Correia,
Executive Vice President and Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge that:





(1)
            The
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934, as amended;
  and





(2)
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and result of operations of the
      Company.





The
foregoing certification is provided solely for purposes of complying with the
provisions of Section 906 of the Sarbanes-Oxley Act of 2002 and is not intended
to be used for any other purpose.





/s/
      Armand CorreiaArmand
      CorreiaExecutive
      Vice President and Chief Financial OfficerSeptember
      24, 2010
8

A.4. Average Maturity of Non-real-estate Bank Loans Made to FarmersMonths

Size of loan Si

Purpose of loan (thousands of dollars) 

Other Farm 

current machinery 1 10 25 100

All Feeder Other operating and to to to and Sma

Period loans livestock livestock expenses1 equipment Other2 9 24 99 over mid-

1993...... 9.2 7.3 9.6 8.3 30.4 9.4 8.5 10.0 11.1 7.4 1994...... 10.3 7.6 9.8 8.6 36.6 9.4 8.6 11.6 13.5 7.2 1995...... 9.9 8.7 9.9 8.5 26.5 10.0 9.0 10.8 12.1 8.2 1996...... 8.5 7.8 11.3 7.6 29.4 9.2 8.6 10.5 12.1 7.3 1997...... 9.9 9.1 11.0 10.7 30.6 7.4 8.8 11.6 12.4 8.8 1998...... 9.8 8.0 10.3 9.9 27.5 6.8 8.8 11.3 12.5 8.7 1999...... 11.5 8.0 11.0 11.3 20.1 10.5 9.8 11.2 12.4 11.4 2000...... 11.2 8.0 10.8 9.5 22.4 13.2 9.7 11.5 11.1 11.4 2001...... 13.2 8.5 14.0 10.3 24.3 15.3 9.6 11.9 12.5 14.1 2002...... 11.2 8.6 11.5 10.2 23.3 11.7 9.4 10.9 12.5 10.8 2003...... 12.5 8.5 9.4 11.1 26.5 14.4 9.5 11.2 12.7 12.9 2004...... 11.9 9.2 11.9 10.0 23.3 12.0 9.6 11.8 12.9 11.7 2001: Q4... 10.6 9.5 9.8 9.6 31.4 9.9 7.6 11.1 12.1 10.3 2002: Q1... 11.7 9.3 9.7 10.9 29.8 10.8 10.0 12.4 14.6 10.3  Q2... 13.4 11.3 19.6 10.6 27.7 16.8 10.2 12.6 14.2 13.8  Q3... 9.9 6.3 8.0 9.8 12.7 10.6 9.4 9.4 10.6 9.7  Q4... 9.5 7.3 8.8 9.1 32.8 9.3 7.7 8.3 9.7 9.8 2003: Q1... 14.1 8.8 11.3 11.8 35.2 14.2 10.4 11.7 15.5 14.3  Q2... 13.5 6.9 9.0 13.7 21.1 15.0 10.3 12.4 13.3 14.5  Q3... 10.4 8.4 6.4 8.9 21.1 12.4 9.2 10.3 11.1 10.3  Q4... 11.4 9.0 9.9 9.4 24.0 15.7 7.9 10.4 10.6 12.3 2004: Q1... 14.1 7.9 12.4 11.6 28.9 16.8 9.8 12.9 16.0 13.9  Q2... 10.4 8.6 10.5 10.3 18.4 9.2 10.8 11.9 12.2 9.5  Q3... 10.4 7.1 10.6 8.8 27.2 7.0 9.6 12.9 11.7 9.8  Q4... 11.9 10.2 13.2 8.5 17.8 16.9 7.7 9.3 11.1 12.6 2005: Q1... 13.3 10.8 9.9 11.1 46.8 16.5 8.7 12.1 15.2 13.0  Q2... 13.2 9.5 10.5 10.5 14.7 17.4 10.8 12.3 12.6 13.6  Note. Data are estimates from the Federal Reserve System’s Survey of the Terms of Bank Lending to Farmers. Quarterly estimates annual rate and are based on loans made during the first full week of the second month of the quarter. 1. Loans used primarily to finance such items as current crop production expenses and the care and feeding of livestock (including p 2. Typically loans for which the lender does not know the purpose. 3. Portfolios with $25 million or less in farm loans. 4. Portfolios with more than $25 million in farm loans.
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 09-cr-25-01-SM

Mack L. Ford

O R D E R

Defendant Ford’s motion to continue the final pretrial conference and trial

is granted (document 10). Trial has been rescheduled for the June 2009 trial

period. Defendant Ford shall file a waiver of speedy trial rights not later than

April 10, 2009. On the filing of such waiver, his continuance shall be effective. 

The Court finds that the ends of justice served by granting a continuance

outweigh the best interest of the public and the defendant in a speedy trial, 18

U.S.C. § 3161(h)(8)(B)(iv), in that failure to grant a continuance would

unreasonably deny defendant the reasonable time necessary for effective

preparation taking into account the exercise of due diligence under the

circumstances. 

Final Pretrial Conference: June 5, 2009 at 4:00 p.m.

Jury Selection: June 16, 2009 at 9:30 a.m.

Case 1:09-cr-00025-SM Document 11 Filed 03/27/09 Page 1 of 2
2

SO ORDERED.

____________________________

Steven J. McAuliffe

 Chief Judge

March 27, 2009 

cc: David Bownes, Esq.

Deborah Walsh, AUSA

US Probation

US Marshal

Case 1:09-cr-00025-SM Document 11 Filed 03/27/09 Page 2 of 2