alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Oludotuna AKINDE, Plaintiff-Appellant, v. BRONX-LEBANON HOSPITAL CENTER, Defendant-Appellee.

No. 05-5565-cv.

United States Court of Appeals, Second Circuit.

Oct. 10, 2006.

Anthony C. Ofodile, Brooklyn, NY, for Appellant.

Nancy V. Wright (Ricki E. Roer, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, on the brief), New York, NY, for Appellees.

PRESENT: JON O. NEWMAN, JOSÉ A. CABRANES, ROBERT D. SACK, Circuit Judges.

SUMMARY ORDER

Plaintiff-appellant Oludotuna Akinde appeals from an opinion and order of the District Court granting defendant’s motion for summary judgment. *See Akinde v. Bronx-Lebanon Hosp. Ctr.,*No. 03 Civ. 6566, 2005 WL 2024891, 2005 U.S. Dist. LEXIS 17762 (S.D.N.Y. Aug. 19, 2005). Plaintiff’s suit alleged retaliation and hostile work environment pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e *et seq.,*and New York Executive Law § 296.

Upon a review of the record, and substantially for the reasons set forth in Judge Stein’s careful and comprehensive opinion, we conclude that the District Court did not err in granting defendant’s motion for summary judgment.

Accordingly, we AFFIRM the judgment of the District Court.
#### Debra H., Appellant, v Janice R., Respondent.

Submitted August 10, 2009;

decided September 1, 2009

Reported below, 61 AD3d 460.

Motion by National Association of Social Workers et al. for leave to file a brief amici curiae on the motion for leave to appeal herein granted and the brief is accepted as filed, and for leave to file a brief amici curiae on the appeal herein granted, and the brief is accepted as filed.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUL-02-2000
<CASH>                                              10
<SECURITIES>                                         0
<RECEIVABLES>                                    1,472
<ALLOWANCES>                                        21
<INVENTORY>                                      1,527
<CURRENT-ASSETS>                                   341
<PP&E>                                           6,273
<DEPRECIATION>                                   5,390
<TOTAL-ASSETS>                                   4,650
<CURRENT-LIABILITIES>                            3,899
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         3,824
<OTHER-SE>                                     (3,494)
<TOTAL-LIABILITY-AND-EQUITY>                     4,650
<SALES>                                          6,782
<TOTAL-REVENUES>                                 6,782
<CGS>                                            4,918
<TOTAL-COSTS>                                    6,970
<OTHER-EXPENSES>                                    29
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 101
<INCOME-PRETAX>                                  (318)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (318)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (318)
<EPS-BASIC>                                      (.08)
<EPS-DILUTED>                                    (.08)


</TABLE>
##### 



PricewaterhouseCoopers LLPOne North WackerChicago, IL 60606Telephone (312) 298 2000Facsimile (312) 298 2001
 Consent of Independent Registered Public Accounting Firm
#### UNITED STATES of America, Plaintiff-Appellee v. Henry CASTRO, Defendant-Appellant.

No. 07-51416

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 30, 2009.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Henry Castro, McLennan County Jail, Waco, TX, pro se.

Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Henry Castro has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Castro has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to *342withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
<TABLE> <S> <C>

<ARTICLE> BD
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           11419
<RECEIVABLES>                                   673883
<SECURITIES-RESALE>                                  0
<SECURITIES-BORROWED>                           339898
<INSTRUMENTS-OWNED>                             181784
<PP&E>                                           14171
<TOTAL-ASSETS>                                 1245197
<SHORT-TERM>                                    130621
<PAYABLES>                                      204419
<REPOS-SOLD>                                         0
<SECURITIES-LOANED>                             289177
<INSTRUMENTS-SOLD>                               95458
<LONG-TERM>                                      48192
<COMMON>                                           109
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      114259
<TOTAL-LIABILITY-AND-EQUITY>                   1245197
<TRADING-REVENUE>                                22325
<INTEREST-DIVIDENDS>                             34090
<COMMISSIONS>                                    65844
<INVESTMENT-BANKING-REVENUES>                    19118
<FEE-REVENUE>                                    16293
<INTEREST-EXPENSE>                               19529
<COMPENSATION>                                   92050
<INCOME-PRETAX>                                  14999
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      8999
<EPS-PRIMARY>                                     1.11
<EPS-DILUTED>                                      .97
        

</TABLE>
EX-31 Rule 13a-14(d)/15d-14(d) Certification.


  I, Kristen Ann Cronin, certify that:

  1. I have reviewed this report on Form 10-K and all reports on Form 10-D
     required to be filed in respect of the period covered by this report on
     Form 10-K of ACE Securities Corp. Home Equity Loan Trust, Series
     2007-HE2 (the "Exchange Act periodic reports");

  2. Based on my knowledge, the Exchange Act periodic reports, taken as a
     whole, do not contain any untrue statement of a material fact or omit
     to state a material fact necessary to make the statements made, in
     light of the circumstances under which such statements were made, not
     misleading with respect to the period covered by this report;

  3. Based on my knowledge, all of the distribution, servicing and other
     information required to be provided under Form 10-D for the period
     covered by this report is included in the Exchange Act periodic reports;

  4. I am responsible for reviewing the activities performed by the
     servicers and based on my knowledge and the compliance reviews
     conducted in preparing the servicer compliance statements required in
     this report under Item 1123 of Regulation AB, and except as disclosed
     in the Exchange Act periodic reports, the servicers have fulfilled
     their obligations under the servicing agreements in all material
     respects; and

  5. All of the reports on assessment of compliance with servicing criteria
     for asset-backed securities and their related attestation reports on
     assessment of compliance with servicing criteria for asset-backed
     securities required to be included in this report in accordance with
     Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18
     have been included as an exhibit to this report, except as otherwise
     disclosed in this report.  Any material instances of noncompliance
     described in such reports have been disclosed in this report on Form
     10-K.

    In giving the certifications above, I have reasonably relied on
    information provided to me by the following unaffiliated parties:
    Countrywide Home Loans Servicing LP as Servicer and Ocwen Loan
    Servicing, LLC as Servicer.

    Dated:   March 31, 2008


    /s/ Kristen Ann Cronin
    Signature

    Vice President
    (senior officer in charge of the servicing function of the master
    servicer)
109TH CONGRESS

1ST SESSION S. 55

AN ACT

To adjust the boundary of Rocky Mountain National Park

in the State of Colorado.

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 ‘‘Rocky Mountain Na5 tional Park Boundary Adjustment Act of 2005’’.
 †

2

S 55 ES

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) FEDERAL PARCEL.—The term ‘‘Federal

4 parcel’’ means the parcel of approximately 70 acres

5 of Federal land near MacGregor Ranch, Larimer

6 County, Colorado, as depicted on the map.

7 (2) MAP.—The term ‘‘map’’ means the map

8 numbered 121/80,154, dated June 2004.

9 (3) NON-FEDERAL PARCELS.—The term ‘‘non10 Federal parcels’’ means the 3 parcels of non-Federal

11 land comprising approximately 5.9 acres that are lo12 cated near MacGregor Ranch, Larimer County, Col13 orado, as depicted on the map.

14 (4) PARK.—The term ‘‘Park’’ means Rocky

15 Mountain National Park in the State of Colorado.

16 SEC. 3. ROCKY MOUNTAIN NATIONAL PARK BOUNDARY AD17 JUSTMENT.

18 (a) EXCHANGE OF LAND.—

19 (1) IN GENERAL.—The Secretary shall accept

20 an offer to convey all right, title, and interest in and

21 to the non-Federal parcels to the United States in

22 exchange for the Federal parcel.

23 (2) CONVEYANCE.—Not later than 60 days

24 after the date on which the Secretary receives an

25 offer under paragraph (1), the Secretary shall con-
†

3

S 55 ES

1 vey the Federal parcel in exchange for the non-Fed2 eral parcels.

3 (3) CONSERVATION EASEMENT.—As a condition

4 of the exchange of land under paragraph (2), the

5 Secretary shall reserve a perpetual easement to the

6 Federal parcel for the purposes of protecting, pre7 serving, and enhancing the conservation values of

8 the Federal parcel.

9 (b) BOUNDARY ADJUSTMENT; MANAGEMENT OF

10 LAND.—On acquisition of the non-Federal parcels under

11 subsection (a)(2), the Secretary shall—

12 (1) adjust the boundary of the Park to reflect

13 the acquisition of the non-Federal parcels; and

14 (2) manage the non-Federal parcels as part of

15 the Park, in accordance with any laws (including

16 regulations) applicable to the Park.

Passed the Senate July 26, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 55

AN ACT

To adjust the boundary of Rocky Mountain

National Park in the State of Colorado.
#### The People of the State of New York, Respondent, v Michael Rose, Appellant.

[872 NYS2d 48]

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered July 13, 2006, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony drug offender, to concurrent terms of five years and one year, respectively, unanimously affirmed.

The court properly denied defendant’s request for an agency charge, since there was no reasonable view of the evidence, viewed most favorably to defendant, that he acted solely on behalf of the buyer *(see People v Herring,*83 NY2d 780 [1994]; *People v Lam Lek Chong,*45 NY2d 64, 74-75 [1978], *cert denied*439 US 935 [1978]). Contrary to defendant’s argument, there was no factual issue to be resolved by the jury regarding the agency defense. Nothing in the People’s evidence supported an agency defense, and defendant’s own testimony, even if fully credited, negated that defense. Under defendant’s version of the transaction, what began as an alleged favor developed into an *545opportunity for defendant to profit by acquiring a third of the drugs. We have repeatedly held, on the basis of language in *Lam Lek Chong*as well as common sense, that “[t]he defense of agency is not intended to protect a person who arranges a drug transaction for the purpose of earning the equivalent of a finder’s fee or broker’s commission, in contrast to a person who performs a 'favor,’ possibly rewarded by a tip or incidental benefit” *(People v Elvy,*277 AD2d 80, 80 [2000], *lv denied*96 NY2d 783 [2001]).

We perceive no basis for reducing the sentence. Concur— Saxe, J.R, Gonzalez, Sweeny, Renwick and DeGrasse, JJ.
#### Constantines L. Jackson, Appellant, v State of New York, Respondent.

Submitted May 17, 2010;

decided June 29, 2010

Motion for reconsideration of this Court’s April 6, 2010 dismissal order denied *[see*14 NY3d 825 (2010)].
Amendment to Letter Agreement



 Exhibit 10.7 
 AMENDMENT TO LETTER AGREEMENT 
 This Amendment to Letter Agreement (the “Amendment”) is
entered into this 4th day of June, 2007 between VIA Pharmaceuticals, Inc. (“VIA”) and James Stewart (the “Executive”). 
 WHEREAS, the Executive is employed by VIA pursuant to the terms of an offer letter dated October 1, 2006 (the “Letter Agreement”); 
 WHEREAS, the Executive and VIA mutually desire to amend the Letter Agreement; 
 NOW THEREFORE, the parties
hereby agree to amend the severance provisions of the Letter Agreement to provide as follows: 
 “ Notwithstanding the foregoing, if you
are at the time of your separation from service a “specified employee” for purposes of Section 409A(a)(2)(B)(i) of the Code, and to the extent delayed commencement of any portion of the severance benefits to which you are entitled is
required in order to avoid a prohibited distribution under Section 409A(a)(2)(B)(i) of the Code, then such portion of your severance benefits shall not be paid prior to the earlier of (a) the expiration of the six-month period measured
from the date of your “separation from service” with VIA (as such term is defined in the Treasury Regulations issued under Section 409A of the Code) or (b) your death. Upon the expiration of the applicable Code
Section 409A(a)(2)(B)(i) deferral period, all payments deferred shall be paid in a lump sum and any remaining severance payments due shall be paid as otherwise provided herein.” 
 No other terms of the Letter Agreement shall be modified by this Amendment and the Letter Agreement shall continue in all other respects in full force
and effect in accordance with its terms. 
 This Amendment to Letter Agreement may be executed in one or more counterparts, each of which
shall be deemed an original but al of which together will constitute one and the same instrument. 
  

					
	 VIA PHARMACEUTICALS, INC.
  
 /s/ Lawrence Cohen
	 		 	 EXECUTIVE
  
 /s/ James Stewart

	By: Lawrence Cohen	 		 	James Stewart
	Its: President and CEO
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from
American Financial Enterprises, Inc. 10-Q for the three months ended
March 31, 1997 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         $61,620
<SECURITIES>                                   408,776<F1>
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 470,866
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,291
<OTHER-SE>                                     387,508
<TOTAL-LIABILITY-AND-EQUITY>                   470,866
<SALES>                                              0
<TOTAL-REVENUES>                                 4,946<F2>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   756
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  4,190
<INCOME-TAX>                                       857
<INCOME-CONTINUING>                              3,333
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    $3,333
<EPS-PRIMARY>                                    $0.25
<EPS-DILUTED>                                    $0.25
<FN>
<F1>Included in "Marketable securities" in AFEI's investment in affiliates
of $404.3 million.
<F2>Included in "Total revenue" is equity in net earnings of affiliate of
$1.7 million.
</FN>
        

</TABLE>
**EXHIBIT 35.2**

**SERVICER'S CERTIFICATE OF COMPLIANCE**

Re: Assessment of compliance for services provided pursuant to the Master Trust Deed dated March 14, 1998 and the Supplementary Terms Notice dated March 13, 2007 between, among others, St.George Bank Limited ABN 92 055 513 070, Crusade Management Limited ABN 90 072 715 916 (the “**Manager**”) and Perpetual Trustees Consolidated Limited ABN 42 000 001 007 (collectively, the “**Agreements**”).

The undersigned hereby certifies that:

|   | 1. | I, Gregory M. Bartlett, am an authorised officer of the Manager. |
|--------|----|------------------------------------------------------------------|

|   | 2. | A review of the Manager’s activities during the period from March 15, 2007 through September 30, 2007 (the “**Reporting Period**”), and of its performance under the Agreements has been made under my supervision. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 3. | To the best of my knowledge, based on such review, the Manager has fulfilled all of its obligations under the Agreements in all material respects throughout the Reporting Period. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

Date:  17 December 2007

|  /s/ Gregory M. Bartlett |   |
|-------------------------------|--------|

Gregory M. Bartlett

Director

Crusade Management Limited
Exhibit 10.3 Pacific Software, Inc. 6.12.07


    DEMAND
      PROMISSORY NOTE

    


    $15,900

    


    For
      value
      received, the undersigned promises to pay Rinus
      Jellema

                                                                                                       
      payee

     

    Or
      order
      on demand the sum of 15,900
      dollars,
      together with interest from this date at the rate of 8%
      per
      annum, both before and after default, until paid in full.

    


    


    Signed
      at
Nanaimo
      BC Canada
      on
October
      30, 2006

    


    


    David
      Turner   Pacific
      Software, Inc

    


    /s/
      David
      Turner                      
/s/
      Rinus Jellema  

    Witness                                     Promissor
[E&Y Logo]  **Ernst**& Young LLPPhone: (404) 874-8300 Suite 1000  www.ey.com 55 Ivan Allen Jr. Boulevard Atlanta, Georgia 30308 **Report of Independent Registered Public Accounting Firm**To the Board of Directors: We have examined management's assertion, included in the accompanying Report on Assessment of Compliance with Securities and Exchange Commission's Regulation AB Servicing Criteria, that ZC Real Estate Tax Solutions Limited (`the Company' or `ZCRETS') complied with certain servicing criteria set forth in Item 1122 (d) of the Securities and Exchange Commission's Regulation AB for the ZC Tax Source (ZCTS) Real Estate Tax Outsourcing Platform (the Platform) as of and for the year ended December 31, 2007. The Company has determined that only certain servicing criteria Item 1122 (d) (1) (iv), Item 1122 (d) (2) (vi), Item 1122 (d) (4) (xi), Item 1122 (d) (4) (xii), and Item 1122 (d) (4) (xiii) are applicable to the activities performed by them with respect to the Platform covered by this report. The Company has determined that the remaining servicing criteria set forth in Item 1122 (d) of the Securities and Exchange Commission's Regulation AB are not applicable to the activities performed by them with respect to the Platform covered by this report. See Appendix A of management's assertion for the Platform and Servicers covered by this report. Management is responsible for the Company's compliance with those servicing criteria. Our responsibility is to express an opinion on management's assertion about the Company's compliance with the servicing criteria based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants, as adopted by the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence about the Company's compliance with the applicable servicing criteria and performing such other procedures as we considered necessary in the circumstances. Our examination included testing of less than all of the servicing activities related to the Platform, and determining whether the Company performed those selected activities in compliance with the servicing criteria. Furthermore, our procedures were limited to the servicing activities performed by the Company during the period covered by this report. Our procedures were not designed to determine whether errors may have occurred either prior to or subsequent to our tests that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report for the Platform. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Company's compliance with the servicing criteria. In our opinion, management's assertion that the Company complied with the aforementioned servicing criteria as of and for the year ended December 31, 2007 for the Platform is fairly stated, in all material respects. /s/ Ernst & Young LLP February 14, 2008