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

114TH CONGRESS 

1ST SESSION S. RES. 261 

Designating the week of October 11 through October 17, 2015, as ‘‘National 

Case Management Week’’ to recognize the role of case management 

in improving health care outcomes for patients. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2015 

Mr. BOOZMAN (for himself, Mr. COTTON, and Mrs. FEINSTEIN) submitted the 

following resolution; which was referred to the Committee on the Judiciary 

OCTOBER 20, 2015 

Committee discharged; considered and agreed to 

RESOLUTION 

Designating the week of October 11 through October 17, 

2015, as ‘‘National Case Management Week’’ to recognize the role of case management in improving health 

care outcomes for patients. 

Whereas case management is a collaborative process of assessment, education, planning, facilitation, care coordination, evaluation, and advocacy; 

Whereas the goal of case management is to meet the health 

needs of the patient and the family of the patient, while 

respecting and assuring the right of the patient to selfdetermination through communication and other available 


asabaliauskas on DSK5VPTVN1PROD with BILLS
2 

SRES 261 ATS 

resources in order to promote high-quality, cost-effective 

outcomes; 

Whereas case managers are advocates who help patients understand their current health status, guide patients on 

ways to improve their health, and provide cohesion with 

other professionals on the health care delivery team; 

Whereas the American Case Management Association and the 

Case Management Society of America work diligently to 

raise awareness about the broad range of services that 

case managers offer and to educate providers, payers, 

regulators, and consumers on the improved patient outcomes that case management services can provide; 

Whereas through National Case Management Week, the 

American Case Management Association and the Case 

Management Society of America aim to continue to educate providers, payers, regulators, and consumers about 

how vital case managers are to the successful delivery of 

health care; 

Whereas the American Case Management Association and the 

Case Management Society of America will celebrate National Case Management Week during the week of October 11 through October 17, 2015, in order to recognize 

case managers as an essential link to patients receiving 

quality health care; and 

Whereas it is appropriate to recognize the many achievements 

of case managers in improving health care outcomes: 

Now, therefore, be it 

1 Resolved, That the Senate— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
3 

SRES 261 ATS 

1 (1) designates the week of October 11 through 

2 October 17, 2015, as ‘‘National Case Management 

3 Week’’; 

4 (2) recognizes the role of case management in 

5 providing successful and cost-effective health care; 

6 and 

7 (3) encourages the people of the United States 

8 to observe National Case Management Week and 

9 learn about the field of case management. 

Æ 


asabaliauskas on DSK5VPTVN1PROD with BILLS
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,

Plaintiff-Appellee,
v. SERGIO DIAZ-HINOJOS,

Defendant-Appellant. No. 16-30086 D.C. No. 9:15-cr-00018-DLC-1
MEMORANDUM *
Appeal fromthe United States District Court for the District of Montana Dana L. Christensen, Chief Judge, Presiding Argued and Subm itted March 7, 2017

Portland, Oregon Before: O’SCANNLAIN, FISHER and FRIEDLAND, Circuit Judges. Sergio Diaz-Hinojos appeals his conviction for illegal reentry, contending the district court erred by denying his m otion to dism iss the indictm e nt as untim ely. We have jurisdiction under 28 U.S.C. § 1291, we review de novo, see United States v. Jenkins , 633 F.3d 788, 797 (9th Cir. 2011), and we affirm
. 

# FILED
MAY 29 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.“Section 1326 sets forth three separate offenses for a deported alien: to

‘enter,’ to ‘attem

pt to enter,’ and to be ‘found in’ the United States without perm ission.” United States v. Parga-Rosas , 238 F.3d 1209, 1213 (9th Cir. 2001). Prosecutions under § 1326 are governed by a five-year statute of lim itations. See 18 U.S.C. § 3282(a); United States v. Reyes-Ceja , 712 F.3d 1284, 1289 & n.30 (9th Cir. 2013). The statute of lim itations begins to run when the offense is com pleted, and an offense under the “found in” prong is com pleted “when an alien is discovered and identified by the im m igration authorities.” United States v. Hernandez , 189 F.3d 785, 791 (9th Cir. 1999). We have not yet decided, however, “whether such discovery and identification m ust be based on the governm ent’s actual knowledge or can instead be proven under a constructive knowledge theory.” United States v. Zamudio , 787 F.3d 961, 966 (9th Cir. 2015). We need not decide this question here. Even assum ing that a constructive knowledge standard governs and that it is knowledge by the im m igration authorities that m atters, Diaz cannot show such constructive knowledge here. There is no evidence that im m igration authorities were willfully blind to inform ation in their possession, or that they unreasonably refrained fromtaking their usual investigative steps. The fact that im m igration

2authorities could have im plem ented a hypothetical system for scouring the files of

other agencies does not suffice. In sum , the indictm ent was tim ely. The district court therefore properly denied Diaz’s m otion to dism iss. The judgm ent is affirm ed. AFFIRMED.

3
<PAGE>
                     THIRD AMENDMENT TO EMPLOYMENT AGREEMENT


         This Third Amendment to Employment Agreement (the "Third Amendment") is
made and entered into as of January 1st, 2004 by and between Onyx Software
Corporation, a Washington corporation (the "Company") and Brian Henry (the
"Executive"). This Third Amendment modifies the employment agreement originally
executed between the parties on March 14th, 2001 (the "Employment Agreement") as
modified by the Amendment to Employment Agreement dated November 14, 2001 and
the Second Amendment to Employment Agreement dated April 16th, 2003
(collectively the "Amendments"), each of which is hereby incorporated by
reference. In the event of any conflict between the Employment Agreement, the
Amendments or this Third Amendment, the terms of this Third Amendment shall
control. Capitalized terms not defined herein shall have the meaning ascribed to
them in the Employment Agreement.

         In consideration of the mutual covenants and agreements contained
herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Company and Executive agree as follows:

     1.       Executive agrees for a period commencing January 1, 2004 and
              ending at the discretion of the Company but in no event later
              than March 31, 2004, Executive's Base Compensation shall be
              reduced to $292,500. At that time, Executive's Base
              Compensation shall return to $325,000.

     2.       Save for as expressly provided under item #1 above, all other
              terms and conditions of the Employment Agreement shall remain
              unchanged.


IN WITNESS HEREOF, each of the parties has executed this Third Amendment, in the
case of the Company by its duly authorized officer, as of January 1st, 2004.


ONYX SOFTWARE CORPORATION                   EXECUTIVE


By:    /s/ Paul Dauber                      By:    /s/ Brian Henry
       ---------------                             ---------------
       Paul Dauber                                 Brian Henry
#### Marco A. CARMONA, Plaintiff-Appellant, v. Joe McGRATH, Warden; et al., Defendants-Appellees.

No. 06-16645.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 3, 2007.*

Filed Dec. 28, 2007.

Marco A. Carmona, Crescent City, CA, pro se.

Jennifer J. Nygaard, DAG, California Department of Justice, San Francisco, CA, for Defendants-Appellees.

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Marco A. Carmona, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials used excessive force and acted with deliberate indifference to his serious medical needs in connection with transferring Carmona to a different prison cell. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, *Resnick v. Hayes,*213 F.3d 443, 447 (9th Cir.2000) (dismissal pursuant to 28 U.S.C. § 1915A); *Barnett v.*
      *776
      *Centoni,*31 F.3d 813, 815 (9th Cir.1994) (grant of summary judgment), and we affirm.

The district court properly granted summary judgment in favor of defendant Ater because Carmona failed to raise a genuine issue of material fact as to whether Ater unreasonably authorized the use of force against him. *See Clement v. Gomez,*298 F.3d 898, 903 (9th Cir.2002) (“Force does not amount to a constitutional violation ... if it is applied in a good faith effort to restore discipline and order and not maliciously and sadistically for the very purpose of causing harm.”) (internal citation and quotation marks omitted).

The district court properly dismissed Carmona’s action pursuant to 28 U.S.C. § 1915A(b) because Carmona failed to allege any constitutional violation by defendants.

AFFIRMED.

**This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Exhibit 10.1



 Exhibit 10.1 
 SIXTH AMENDMENT TO THE 
 FOURTH AMENDED AND RESTATED AGREEMENT OF

 LIMITED PARTNERSHIP OF AIMCO PROPERTIES, L.P. 

This SIXTH AMENDMENT TO THE FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AIMCO PROPERTIES, L.P., dated
as of December 31, 2011 (this “Amendment”), is being executed by AIMCO-GP, Inc., a Delaware corporation (the “General Partner”), as the general partner of AIMCO Properties, L.P., a Delaware limited partnership (the
“Partnership”), pursuant to the authority conferred on the General Partner by Section 7.3.C of the Fourth Amended and Restated Agreement of Limited Partnership of AIMCO Properties, L.P., dated as of July 29, 1994 and restated as
of February 28, 2007, as amended and/or supplemented from time to time (including all the exhibits thereto, the “Agreement”). Capitalized terms used, but not otherwise defined herein, shall have the respective meanings ascribed
thereto in the Agreement. 
 WHEREAS, the General Partner has determined it is in the best interests of the
Partnership to amend Section 6 of the Partnership Unit Designation of the Class I High Performance Partnership Units (the “HPUs”) of the Partnership (Exhibit F to the Agreement) to provide that Holders of HPUs shall have
redemption rights commencing after December 31, 2016, in lieu of redemption rights upon the occurrence of a Change in Control. 
 NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 

1. Section 6 of the Partnership Unit Designation of the HPUs (Exhibit F to the Agreement) is hereby amended by
deleting the words “Upon the occurrence of a Change of Control,” and inserting in lieu thereof the words “At any time after December 31, 2016,” 

2. Section 6 of the Partnership Unit Designation of the HPUs (Exhibit F to the Agreement) is hereby amended by
adding a new sentence at the end of Section 6 as follows: “Notwithstanding anything to the contrary herein, a Holder of Class I High Performance Partnership Units shall not have the right to redeem Class High Performance Partnership
Units if the issuance of REIT Shares in exchange for such Class I High Performance Partnership Units would require shareholder approval (which has not been obtained) under the applicable rules of a securities exchange on which the REIT Shares
are then listed.” 
 3. Except as specifically amended hereby, the terms, covenants, provisions and
conditions of the Agreement shall remain unmodified and continue in full force and effect and, except as amended hereby, all of the terms, covenants, provisions and conditions of the Agreement are hereby ratified and confirmed in all respects.








 IN WITNESS WHEREOF, this Amendment has been executed as of the date first
written above. 
  

			
	 GENERAL PARTNER:

	
	 AIMCO-GP, INC.

		
	 By:
	 	 /s/    Miles Cortez        

	 Name:
	 	 Miles Cortez

	 Title:
	 	 Executive Vice President & Chief
 Administrative Officer
<PAGE>   1
                                                                    Exhibit 23.2





                         Consent of Independent Auditors


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-64167) pertaining to the 1998 Employee Stock Purchase Plan and in
the Registration Statement (Form S-8 No. 333-57781) pertaining to the 1997 Stock
Option Plan and the 1998 Non-Employee Directors' Stock Election Plan and in the
Registration Statement (Form S-8 No. 33-88426 and No. 333-27835) pertaining to
the 1994 Stock Option Plan and in the Registration Statement (Form S-8 No.
333-27831) pertaining to the 1996 Non-Employee Directors' Stock Option Plan and
the 1992 Outside Directors' Director Stock Unit Plan, of GTECH Holdings
Corporation of our report dated March 23, 1998 with respect to the financial
statements of Camelot Group plc as of January 31, 1998 and February 1, 1997 and
for the years ended January 31, 1998 and February 1, 1997, which is included in
the Annual Report (Form 10-K) of GTECH Holdings Corporation for the fiscal year
ended February 26, 2000.




Price Waterhouse
Chartered Accountants
London, England
May 1, 2000
<PAGE>



                                                                    EXHIBIT 32.2

                                  CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
           AS ADOPTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         I, Paul G. Vanderhoven, as Senior Vice President - Finance and Chief
Financial Officer of Sterling Chemicals, Inc. (the "Company"), certify, pursuant
to 18 U.S.C. Section 1350, as adopted by Section 906 of the Sarbanes-Oxley Act
of 2002, that to my knowledge:

         (1) the accompanying Form 10-Q report of the Company for the period
ending September 30, 2004, as filed with the U.S. Securities and Exchange
Commission (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.

Dated:  November 8, 2004

                                     /s/ PAUL G. VANDERHOVEN
                                     -----------------------------------
                                     Paul G. Vanderhoven,
                                     Senior Vice President - Finance and
                                     Chief Financial Officer
Exhibit 10.34






Exhibit 10.34




Additional Compensation Information for Named Executive Officer




On November 30, 2010, the Board, based on the recommendation of the Compensation Committee,
approved a change to the base salary, effective December 1, 2010, of the following executive
officer:



	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	Fiscal 2011 Base Salary	 
	Executive Officer	 	Fiscal 2010 Base Salary	 	 	(Effective December 1, 2010)	 
	Bernard Hausen, M.D., Ph.D.
	 	$	350,000	 	 	$	360,500
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          FEB-27-1999
<PERIOD-START>                             MAR-01-1998
<PERIOD-END>                               FEB-27-1999
<CASH>                                           7,733
<SECURITIES>                                         0
<RECEIVABLES>                                  113,436
<ALLOWANCES>                                         0
<INVENTORY>                                     61,893
<CURRENT-ASSETS>                               226,528
<PP&E>                                       1,157,683
<DEPRECIATION>                                 760,122
<TOTAL-ASSETS>                                 874,215
<CURRENT-LIABILITIES>                          222,773
<BONDS>                                        319,078
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           442
<OTHER-SE>                                     283,464
<TOTAL-LIABILITY-AND-EQUITY>                   874,215
<SALES>                                         85,528
<TOTAL-REVENUES>                               972,923
<CGS>                                           59,825
<TOTAL-COSTS>                                  651,612
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              27,405
<INCOME-PRETAX>                                150,954
<INCOME-TAX>                                    61,891
<INCOME-CONTINUING>                             89,063
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    89,063
<EPS-PRIMARY>                                     2.17
<EPS-DILUTED>                                     2.16
        

</TABLE>
EXHIBIT 23.1

[Letterhead of Rotenberg & Company, LLP]

INDEPENDENT AUDITORS CONSENT

To the Board of Directors and Stockholders

HQ Sustainable Maritime
Industries, Inc. And Subsidiaries

New York, NY

We consent to the use in this Annual Report of HQ Sustainable Maritime Industries, Inc. and Subsidiaries on Form 10-KSB of our report dated March 19, 2007, for the consolidated balance sheets of HQ Sustainable Maritime Industries, Inc. and
Subsidiaries as of December 31, 2006 and 2005, and the related consolidated statements of income, changes in shareholders equity, and cash flows for the years then ended.



|                            
|----------------------------
|/s/ Rotenberg & Co., LLP    
|Rotenberg & Co., LLP        
|Certified Public Accountants
|                            
|Rochester, New York         
|Dated: March 19, 2007
| (logo) WELLS

      FARGO | Commercial Mortgage Servicing

D1086-120, 12th Floor

550 South Tryon Street

Charlotte, NC 28202

1-800-326-1334

  |
|----------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------|

 

 

 

                Banc of America Merrill Lynch Commercial Mortgage Inc. 

                Bank of America Tower

                One Bryant Park

                New York, NY 10036

                Attention: Leland F. Bunch

 

ANNUAL STATEMENT OF COMPLIANCE

 

Reference is hereby made to that certain Pooling and Servicing Agreement dated as of October 1, 2013, by and among Morgan Stanley Capital I Inc., as Depositor, Wells Fargo Bank, National Association, as Master Servicer, Certificate Administrator, Certifiate Registrar, Authenticating Agent and Custodian, Midland Loan Services, A Division of PNC Bank, National Association, as Special Servicer, Trimont Real Estate Advisors, Inc, as Trust Advisor and U.S. Bank National Association, as Trustee with respect to Commercial Mortgage Pass-Through Certificates Series 2013-C12 (the "Agreement") as it relates to the Pari Passu portion of the Marriott Chicago River North Hotel loan that is in the Morgan Stanley Bank of America Merrill Lynch Trust 2013-C11. Capitalized terms used herein not otherwise defined shall have the meanings assigned in the Agreement.

 

Pursuant to Section 13.9 of the Agreement, I, Daniel Bober, Executive Vice President of Commercial Mortgage Services do hereby certify that:

 

3.        A review of the activities of the Master Servicer during the period from January 1, 2014 through December 31, 2014 (the “Reporting Period”), and of its performance per the Agreement during such period has been made under my supervision, and 

 

4.        To the best of my knowledge, based on such review, the Master Servicer has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period.

 

 

 

IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the 6th day of March 2015.

 

 

/s/ Daniel Bober

Daniel Bober

Executive Vice President 

Wells Fargo Bank
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND RESULTS OF OPERATIONS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000             DEC-31-2000
<PERIOD-START>                             JUL-01-2000             JAN-01-2000
<PERIOD-END>                               SEP-30-2000             SEP-30-2000
<CASH>                                              43                      43
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   66,683                  66,683
<ALLOWANCES>                                   (4,015)                 (4,015)
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                70,609                  70,609
<PP&E>                                         106,108                 106,108
<DEPRECIATION>                                (40,879)                (40,879)
<TOTAL-ASSETS>                                 321,449                 321,449
<CURRENT-LIABILITIES>                          190,087                 190,087
<BONDS>                                          8,501                   8,501
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           400                     400
<OTHER-SE>                                     122,861                 122,861
<TOTAL-LIABILITY-AND-EQUITY>                   321,449                 321,449
<SALES>                                         73,119                 231,057
<TOTAL-REVENUES>                                73,119                 231,057
<CGS>                                           57,541                 179,128
<TOTAL-COSTS>                                   78,634                 238,046
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               4,137                  11,513
<INCOME-PRETAX>                                (9,652)                (18,502)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                            (9,652)                (18,502)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (8,692)                (16,536)
<EPS-BASIC>                                      (.27)                   (.52)
<EPS-DILUTED>                                    (.27)                   (.52)


</TABLE>