alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Laurence W. Costello, Respondent, v Samuel L. Zaid-man et al., Appellants, et al., Defendants. (And a Third-Party Action.)

[871 NYS2d 370]

In an action to recover damages for personal injuries, the defendants Samuel L. Zaidman and Yitty Zaidman appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schneier, J.), dated December 7, 2007, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the appellants’ motion for summary judgment dismissing the complaint insofar as asserted against them is granted.

In June 2004 the plaintiff allegedly was injured when he slipped and fell on a wet floor in the offices of the defendant Unisource Shipping, Inc. (hereinafter Unisource). The offices were located in the basement of a building owned by the defendants Samuel L. Zaidman and Yitty Zaidman (hereinafter the Zaidmans) and were the subject of an oral month-to-month agreement between Samuel L. Zaidman and Unisource. The three remaining floors of the building were used for residential purposes.

The plaintiff commenced an action against, among others, the Zaidmans and Unisource. After discovery was completed, the *594Zaidmans moved for summary judgment dismissing the complaint insofar as asserted against them. In the order appealed from, the Supreme Court, inter alia, denied the Zaid-mans’ motion. The Zaidmans appeal from so much of the order as denied their motion. We reverse the order insofar as appealed from.

The Zaidmans established their prima facie entitlement to judgment as a matter of law by proffering evidence showing that they neither created nor had actual or constructive notice of the alleged water condition that caused the plaintiffs injuries *(see Kaplan v DePetro,*51 AD3d 730, 731 [2008]; *Lau Tung Tsui v New Charlie Tseng Corp.,*35 AD3d 390, 391 [2006]; *Campo-Joseph v King,*277 AD2d 193, 194 [2000]; *cf. Latalladi v Peter huger Steakhouse, 52*AD3d 475, 476 [2008]). In response, the plaintiff failed to raise a triable issue of fact as to causation or notice, relying, instead, on speculation as to the source of the water *(see Gwyn v 575 Fifth Ave. Assoc., 12*AD3d 403, 404-405 [2004]). We note, however, that the Zaidmans’ contention that they were out-of-possession landlords and had no contractual duty to maintain the premises was not properly before the Supreme Court, as it was raised for the first time in their reply papers *(see Guiterrez v Iannacci,*43 AD3d 868 [2007]; *Johnston v Continental Broker-Dealer Corp.,*287 AD2d 546 [2001]). Fisher, J.E, Florio, Garni and Chambers, JJ., concur.
IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF ALABAMA 

 SOUTHERN DIVISION 

CHRISTOPHER ALVIN NALL, : 

 : 

Petitioner, : 

 : 

vs. : CIVIL ACTION 10-0048-CB-M 

 : 

WARDEN FPC MAXWELL, : 

 : 

Respondent. : 

 ORDER

After due and proper consideration of all portions of this file deemed relevant to 

the issues raised, and there having been no objections filed, the Report and 

Recommendation of the Magistrate Judge made under 28 U.S.C. ' 636(b)(1)(B) is 

ADOPTED as the opinion of this Court. It is ORDERED that this action be and is 

hereby DISMISSED without prejudice for failure to prosecute and to obey the Court's 

Order. 

DONE this 21st day of June, 2010. 

 s/Charles R. Butler, Jr. 

 SENIOR UNITED STATES DISTRICT JUDGE 

Case 1:10-cv-00048-CB-M Document 7 Filed 06/21/10 Page 1 of 1
#### In the Matter of Joel Guzman, Petitioner, v Thomas J. Spota et al., Respondents.

[966 NYS2d 881]

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from proceeding with an underlying criminal prosecution entitled *People v Guzman,*pending in the Supreme Court, Suffolk County, under indictment No. 3152C-10, on the ground, inter alia, of lack of geographic jurisdiction.

Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

Although a CPLR article 78 proceeding in the nature of prohibition is a proper means of challenging venue in a criminal action *(see Matter of Steingut v Gold,*42 NY2d 311, 315 [1977]), prohibition lies only where there is a clear legal right to that relief *(see id.).*Here, the petitioner has failed to demonstrate a clear legal right to prohibition *(see Matter of Prospect v Doyle,*44 AD3d 863, 863 [2007]; *cf. Matter of Sharkey v Town of Southold Justice Ct.,*71 AD3d 1030, 1030 [2010]). Balkin, J.P., Hall, Lott and Sgroi, JJ., concur.
##### 



Doral Financial Corporation
Computation of Ratio of Earnings to Fixed Charges
 For the nine month period endedSeptember 30, 2006Including Interest on DepositsEarnings:Pre-tax income from continuing operations
    
    $
    (90,559
    )Plus:Fixed Charges (excluding capitalized interest)
    
    
    487,563Total Earnings
    
    $
    397,004Fixed Charges:Interest expensed and capitalized
    
    $
    483,849Amortized premiums, discounts, and capitalized
expenses related to indebtedness
    
    
    1,354An estimate of the interest component within rental expense
    
    
    2,360Total Fixed Charges
    
    $
    487,563Ratio of Earnings to Fixed Charges
    
    
    (A
    )Excluding Interest on DepositsEarnings:Pre-tax income from continuing operations
    
    $
    (90,559
    )Plus:Fixed Charges (excluding capitalized interest)
    
    
    376,223Total Earnings
    
    $
    285,664Fixed Charges:Interest expensed and capitalized
    
    $
    372,509Amortized premiums, discounts, and capitalized
expenses related to indebtedness
    
    
    1,354An estimate of the interest component within rental expense
    
    
    2,360Total Fixed Charges
    
    $
    376,223Ratio of Earnings to Fixed Charges
    
    
    (A
    )
 
 (A)
    
    Due to the Companys pre-tax loss for the first nine months of 2006, the ratio coverage was less than 1:1.
I 

118TH CONGRESS 

1ST SESSION H. R. 1968 

To provide for a limitation on availability of funds for Department of Health 

and Human Services, Centers for Disease Control and Prevention Injury 

Prevention and Control for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To provide for a limitation on availability of funds for Department of Health and Human Services, Centers for 

Disease Control and Prevention Injury Prevention and 

Control for fiscal year 2024. 

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


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1968 IH

1 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 DEPARTMENT OF HEALTH AND HUMAN SERV3 ICES, CENTERS FOR DISEASE CONTROL AND 

4 PREVENTION INJURY PREVENTION AND CON5 TROL FOR FISCAL YEAR 2024. 

6 Notwithstanding any other provision of the law, 

7 amounts authorized to be appropriated or otherwise avail8 able for Department of Health and Human Services, Cen9 ters for Disease Control and Prevention Injury Prevention 

10 and Control for fiscal year 2024 may not exceed 

11 $648,559,000. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
<TABLE> <S> <C>

<ARTICLE> 5

<LEGEND>
This schedule contains summary financial information extracted from the
Balance Sheet for Plume Creek, Inc. at December 31, 1999 and the
Statement of Operations for the year ended December 31, 1999 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
       <S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           2,224
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 2,224
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   2,224
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        21,663
<OTHER-SE>                                    (19,439)
<TOTAL-LIABILITY-AND-EQUITY>                     2,224
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 2,717
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 (2,717)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (2,717)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (2,717)
<EPS-BASIC>                                    (0.62)
<EPS-DILUTED>                                    (0.62)







</TABLE>
<PAGE>

                                                                    EXHIBIT 32.2

                                  SYMBION, INC.
                            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 on Form 10-K of Symbion, Inc. (the
"Company") for the year ended December 31, 2003, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Kenneth C.
Mitchell, Chief Financial Officer and Senior Vice President of Finance 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, 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)  Information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Date: March 26, 2004

                                    /s/ Kenneth C. Mitchell
                                    ----------------------------------------
                                    Kenneth C. Mitchell
                                    Chief Financial Officer and
                                    Senior Vice President of Finance
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 0826

_____________________________
J USTIN T ODD A LEXANDER E DRINGTON , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Ci rcuit Court for Duval County

. Marianne L. Aho , Judge

. May 30, 2018

P ER C URIAM

.
A FFIRMED

. W OLF , B ILBREY , and K ELSEY , JJ., concur

.

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

.

_____________________________2 Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee
, for Appellant.

Pamela Jo Bondi, Attorney General, and Steven E. Woods, Assistant Attorney General, Tallahassee
, for Appellee.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The parties consented to proceed before a magistrate judge. See 28 **

U.S.C. § 636(c). 

The panel unanimously concludes these appeals are suitable for ***

decision without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JOHN P. WARDEN,

 Plaintiff - Appellant,

 v.

COOLIDGE UNIFIED SCHOOL

DISTRICT, et al.,

 Defendants - Appellees.

Nos. 09-16594, 

 09-17610

D.C. No. 2:07-cv-02273-MHB

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Michelle H. Burns, Magistrate Judge, Presiding**

Submitted September 22, 2010*** 

Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges. 

FILED

OCT 05 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-16594

We affirm the district court’s dismissal and summary judgment in favor of

defendants on John P. Warden’s (“Warden”) equal protection, Title VII, and

Americans with Disabilities Act claims for the reasons stated in the district court’s

orders entered on December 16, 2008 and July 1, 2009.

We do not consider Warden’s arguments that were not specifically and

distinctly argued the opening brief. See Friends of Yosemite Valley v. Kempthorne,

520 F.3d 1024, 1033 (9th Cir. 2008).

Warden’s remaining contentions concerning the district court’s dismissal

and summary judgment are unpersuasive. 

We vacate the district court’s award of attorney’s fees to Coolidge Unified

School District because there is no indication in the record that the district court

considered Warden’s pro se status or found his action to be frivolous,

unreasonable, or without foundation. See Miller v. L.A. County Bd. of Educ., 827

F.2d 617, 619-20 (9th Cir. 1987); see also McGrath v. County of Nevada, 67 F.3d

248, 253 (9th Cir. 1995) (the district court must explain how it exercised its

discretion in calculating an attorney’s fee award). 

Each party shall bear its own costs on appeal. 

AFFIRMED in part, VACATED in part, and REMANDED.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1956 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 1956

To provide for a limitation on availability of funds for Department of 
Health and Human Services, Health Resources and Services Administration 
           Ryan White HIV/AIDS Program for fiscal year 2024.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia, 
   Mr. Roy, and Mr. Crane) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To provide for a limitation on availability of funds for Department of 
Health and Human Services, Health Resources and Services Administration 
           Ryan White HIV/AIDS Program for fiscal year 2024.

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

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPARTMENT OF HEALTH 
              AND HUMAN SERVICES, HEALTH RESOURCES AND SERVICES 
              ADMINISTRATION RYAN WHITE HIV/AIDS PROGRAM FOR FISCAL 
              YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Department of Health and 
Human Services, Health Resources and Services Administration Ryan White 
HIV/AIDS Program for fiscal year 2024 may not exceed $2,318,781,000.
                                 <all>
```
EX-4.2



 Exhibit 4.2 

FIRST AMENDMENT TO THE 

C&J ENERGY SERVICES 

2015 LONG TERM INCENTIVE PLAN 

THIS FIRST AMENDMENT (the “First Amendment”) to the C&J Energy Services 2015 Long Term Incentive Plan, as amended
from time to time (the “Plan”), is made effective as of June 4, 2015 (the “Amendment Effective Date”), by C&J Energy Services Ltd. (the “Company”), subject to approval
by the Company’s shareholders. 
 W I T N E S S E T H: 

WHEREAS, the Company previously adopted the Plan, under which the Company is authorised to grant equity-based incentive awards to
certain officers and employees of, consultants to, and non-employee directors of the Company and its subsidiaries; 
 WHEREAS,
Section 15.2 of the Plan provides that the Company’s board of directors (the “Board”) may amend the Plan to increase the number of common shares, par value $0.01 per share, of the Company (the
“Shares”) available for awards under the Plan, with the approval of the Company’s shareholders; and 

WHEREAS, the Board now desires to amend the Plan to increase the number of Shares available for grant under the Plan by 3,646,041
shares, subject to approval by the Company’s shareholders at a special meeting of the Company to be called on a date and time to be determined by the officers of the Company for the purpose of, among other things, approval of the First
Amendment. 
 NOW, THEREFORE, the Plan shall be amended as of the Amendment Effective Date, subject to approval by the Company’s
shareholders, as set forth below: 
 1. Section 4.1 of the Plan is hereby deleted in its entirety and replaced with the
following: 
 Aggregate Number of Shares Authorized for Issuance. Subject to any adjustment as provided in the Plan, the aggregate
number of Shares that may be made the subject of Awards granted under the Plan (since its initial inception as the C&J Energy Services, Inc. 2012 Long-Term Incentive Plan) shall not exceed 7,946,041 Shares, no more than 2,150,000 of which may be
granted as Incentive Share Options. Shares to be issued under the Plan may be, in whole or in part, authorized but unissued Shares or issued Shares which shall have been reacquired by the Company and held by it as treasury shares. Any Shares related
to an award granted under a Prior Plan that terminates by expiration, forfeiture, cancellation or otherwise without the issuance of the Shares shall become available for Awards under this Plan. 

RESOLVED FURTHER, that except as provided above, the Plan shall continue to read in the current state.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

ERIC BLANDING, AIS #170679, :

Plaintiff, :

:

v. : CIVIL ACTION 15-00049-KD-B

:

KIM THOMAS, et al., :

Defendants. :

ORDER

After due and proper consideration of all portions of this file deemed relevant to the 

issues raised, and there having been no objections filed, the Report and Recommendation of the 

Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated March 26, 2015, is ADOPTED

as the opinion of this Court. Accordingly, it is ORDERED that this action is DISMISSED 

without prejudice for failure to prosecute and to comply the Court’s order, pursuant to Rule 

41(b) of the Federal Rules of Civil Procedure as no other lesser sanction will suffice.

DONE and ORDERED this the 23rd day of April 2015.

/s/ Kristi K. DuBose

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE 

Case 1:15-cv-00049-KD-B Document 5 Filed 04/24/15 Page 1 of 1
Exhibit 10.(f)


 




 


 



FIRST AMENDMENT TO

 EMPLOYMENT AGREEMENT


This First Amendment ("Amendment") is made this 11th day of May 2015 to the Employment Agreement (the "Agreement") made and entered into as of July 10, 2014, by and between On the Move Corporation, a Florida corporation (the "Company") and Richard Reitano (the "Executive").


WHEREAS, the parties wish to amend the Agreement;


NOW, THEREFORE, in consideration of the mutual promises contained herein, the Company and Executive agree as follows:


1.            Item 3.  Salary is amended to read as follows:


 


3.  SALARY.  Executive shall be entitled to receive from the Company a starting annual base salary of $395,000. Salary shall accrue from the date of the Amended and Restated Share Exchange Agreement and Plan of Reorganization by and between the shareholders of the Company and NAS Acquisition Inc. or at such later date as the parties agree. The base salary shall be paid to Executive in equal installments according to the Company's regular payroll practices and shall be reviewed and may be increased by the Board annually or at such earlier time or times as it determines.


2.            Item 5.  Stock and Stock Options is amended to delete the following:


 


In addition, Company hereby grants Executive an option to purchase shares of common stock of the Company. (SEE OPTION AGREEMENT ATTACHED)


3.            Except as provided herein, all provisions of the Agreement are ratified and confirmed.


 


IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first above written.


 





	
THE COMPANY:

	
EXECUTIVE:


	 	
	
On the Move Corporation

	 
	 	
	 	
	
By:  /s/ Jay Seewald          

	
/s/ Richard Reitano         


	
 Jay Seewald

	
Richard Reitano


	
 PRES/COO
Exhibit 24

                                POWER OF ATTORNEY

         The  undersigned,  a member of the Board of Directors and/or as Officer
of HOMESERVICES.COM INC., a corporation registered in the State of Delaware (the
"Company"),  hereby  constitutes  and appoints  Steven A.  McArthur,  Douglas L.
Anderson  and  Dwayne J.  Coben and each of them,  as  his/her  true and  lawful
attorney-in-fact  and agent, with full power of substitution and resubstitution,
for and in his/her stead, in any and all  capacities,  to sign on his/her behalf
the Company's  Form 10-K Annual  Report for the fiscal year ending  December 31,
1999 and to  execute  any  amendments  thereto  and to file the  same,  with all
exhibits  thereto,  and all other  documents in connection  therewith,  with the
United States Securities and Exchange Commission and applicable stock exchanges,
with the full power and authority to do and perform each and every act and thing
necessary  or  advisable  to all intents and purposes as he might or could do in
person, hereby ratifying and confirming all that said attorney-in-fact and agent
or his/her  substitute  or  substitutes,  may lawfully do or cause to be done by
virtue hereof.

Dated as of March 27, 2000.

/s/ Ronald J. Peltier                                /s/ Jack W. Frost
-------------------------                            -----------------
Ronald J. Peltier                                    Jack W. Frost


/s/ R. Michael Knapp                                 /s/ Steven A. McArthur
-------------------------                            ----------------------
R. Michael Knapp                                     Steven A. McArthur


/s/ Gregory E. Abel
-------------------------                            --------------------
Gregory E. Abel                                      Richard R. Jaros


/s/ W. David Scott
-------------------------
W. David Scott