alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 The HONORABLE RALPH R. ERICKSON, Unite d States District Judge for the District of North Dakota. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 09-3641

___________ David Meador, * * Appellant, * Appeal from the United States * District Court for the v. * District of North Dakota. * Dan Anderson; Gene Bjerke, * [UNPUBLISHED] * Appellees. *

___________ Submitted: April 30, 2010 Filed: May 6, 2010

___________ Before LOKEN, BYE, and SHEPHERD, Circuit Judges.

___________ PER CURIAM. David Meador appeals from the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action against a deputy sheriff and the sheriff of Barnes County, North Dakota, alleging that he was subject to an unlawful arrest in violation of his constitutional rights. Upon de novo review, we conclude that summary judgment was proper for the reasons stat ed in the district court’s order. See Pearson v. Callahan , 129 S. Ct. 808, 815-16 (2009) (qua lified immunity); Thomas v. Dickel , 213 F.3d 1023, 1026 (8th Cir. 2000) (a failure-to-train claim cannot stand-2- unless there is liability on an underlying substantive claim). Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________
*** INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED.
ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT
TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
 FIRST AMENDMENT TO  TRANSITION AGREEMENT DATED JANUARY 28, 2005
 First Amendment th MEDICIS
PHARMACEUTICAL CORPORATION MEDICIS aaiPharma Inc. AAIPharma
 RECITALS:
 Agreement
    A.
    
    Attachment B to Exhibit III. Attachment B is hereby deleted in its entirety and
replaced with the revised Attachment B attached hereto.B.
    
    Attachment D to Exhibit III. Attachment D is hereby deleted in its entirety and
replaced with the revised Attachment D attached hereto.C.
    
    Binding Effect. Except as modified in this First Amendment, the Agreement shall
remain unchanged and in full force and effect. The parties represent and warrant that, as of
the Effective Date, no other agreements, written or oral, exist between the parties with
respect to the subject matter covered herein except for the Agreement and this First
Amendment. The parties acknowledge and agree that in the event of any conflict
between the terms amended pursuant to this First Amendment and the other terms of the
Agreement, the terms of this First Amendment shall govern.D.
    
    Counterparts. This First Amendment may be executed in one or more counterparts, each
of which shall be deemed an original and all of which together shall be deemed one and the
same instrument.E.
    
    Authority. Each party represents and warrants to the other party that this
Amendment is being executed by the authorized representatives of each party.
  MEDICIS PHARMACEUTICAL CORPORATION

AAIPHARMA, INC.By:
    
    
    
    By:
    
    

Name:

    
    
    Name:Title:

    
    
    Title:




---



##### 








---



#####
Exhibit








AMENDMENT TO EQUITY RIGHTS LETTER AGREEMENT




THIS AMENDMENT TO EQUITY RIGHTS LETTER AGREEMENT (this “Amendment”) is made effective as of April 24, 2018 by and between Hercules Capital, Inc., a Maryland corporation f/k/a Hercules Technology Growth Capital, Inc. (“Hercules”) and Genocea Biosciences, Inc., a Delaware corporation (the “Company”).


WHEREAS, Hercules and the Company are parties to that certain letter agreement dated November 20, 2014 pursuant to which Hercules has certain rights to purchase Company equity securities from the Company from time to time (the “Equity Rights Letter”); and


WHEREAS, in connection with certain modifications of even date herewith to the loan arrangement between Hercules and the Company, and as additional consideration to Hercules for its agreements in connection therewith, the parties desire to amend the Equity Rights Letter in the manner hereinafter set forth;


NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficient of which are hereby acknowledged, the parties agree as follows:


1.    Amendments to Equity Rights Letter.    The Equity Rights Letter is hereby amended as follows:


(a)    the capitalized term “Loan Agreement” therein shall, from and after the date hereof, mean and refer to that certain Amended and Restated Loan Agreement of even date herewith between Hercules and the Company, as amended and in effect from time to time; and


(b)    the capitalized term “Warrant” therein shall, from and after the date hereof, mean and refer to that certain Warrant Agreement of even date herewith between the Company and Hercules, as amended and in effect from time to time.


2.    No Other Amendments.    Except as specifically amended hereby, the Equity Rights Letter shall remain in full force and effect as originally written.


3.    Governing Law.    This Amendment shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding conflict of laws principles that would cause the application of laws of any other jurisdiction.




[Remainder of page left blank intentionally; signature page follows]






IN WITNESS WHEREOF, the parties have executed this Amendment to Equity Rights Letter Agreement as of the date first above written.




HERCULES CAPITAL, INC.




By: ___/s/ Melanie Grace_____________
Name: Melanie Grace
Title:   Secretary/ GC






GENOCEA BIOSCIENCES, INC.




By: ___/s/ William D. Clark___________
Name: William D. Clark
Title:   President, CEO & Secretary
EXHIBIT 11
COMPUTATION OF EARNINGS PER SHARE
 Three Months EndedJune 30,2010
    
    
    2009Earnings per common share  basicNet income
    
    $
    (2,491
    )
    
    $
    694Less: CPP Preferred Dividends
    
    
    237
    
    
    
    237Dividends paid and undistributed earnings
allocated to participating securities
    
    
    (22
    )
    
    
    3Net Income Available to Common Shareholders
    
    $
    (2,706
    )
    
    $
    454Weighted average common shares
outstanding
    
    
    2,482,740
    
    
    
    2,470,072Earnings per common share
    
    $
    (1.09
    )
    
    $
    0.18Earnings per common share  dilutedNet income
    
    $
    (2,491
    )
    
    $
    694Less: CPP Preferred Dividends
    
    
    237
    
    
    
    237Dividends paid and undistributed earnings
allocated to participating securities
    
    
    (22
    )
    
    
    3Net Income Available to Common Shareholders
    
    $
    (2,706
    )
    
    $
    454Weighted average common shares
outstanding  basic
    
    
    2,482,740
    
    
    
    2,470,072Effect of dilutive securities  stock options and
unvested restricted stock (1)
    
    
    10,290
    
    
    
    Weighted average shares
outstanding  diluted
    
    
    2,493,030
    
    
    
    2,470,072Earnings per common share
    
    $
    (1.09
    )
    
    $
    0.18
 (1)
    
    As of June 30, 2010, there were no potentially dilutive shares except for 10,290 unvested
restricted shares which are also participating securities.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>

This schedule contains summary financial information extracted from the
consolidated financial statements for the six month period ended June 30, 2000
and is qualified in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                         590,381
<SECURITIES>                                         0
<RECEIVABLES>                                   21,422
<ALLOWANCES>                                         0
<INVENTORY>                                      3,369
<CURRENT-ASSETS>                               631,060
<PP&E>                                         238,026
<DEPRECIATION>                                 104,555
<TOTAL-ASSETS>                                 802,959
<CURRENT-LIABILITIES>                           91,034
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        45,594
<OTHER-SE>                                      60,331
<TOTAL-LIABILITY-AND-EQUITY>                   802,959
<SALES>                                              0
<TOTAL-REVENUES>                                77,173
<CGS>                                                0
<TOTAL-COSTS>                                   34,452
<OTHER-EXPENSES>                               697,470
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (654,749)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (654,749)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (654,749)
<EPS-BASIC>                                     (0.01)
<EPS-DILUTED>                                        0


</TABLE>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-2100
In Re: JOHN LELAND STEIGER, Debtor.

--------------------------- JOHN LELAND STEIGER, Plaintiff - Appellee, versus EDUCATIONAL CREDIT MANAGEMENT CORPORATION, Defendant - Appellant.

No. 05-2107
In Re: JOHN LELAND STEIGER, Debtor.

---------------------------- JOHN LELAND STEIGER, Plaintiff - Appellant, versus EDUCATIONAL CREDIT MANAGEMENT CORPORATION; HELP SERVICE GROUP, INCORPORATED, Defendants - Appellees.- 2 - Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, SeniorDistrict Judge. (CA-05-689-CMH; CA-05-690-CMH; BK-04-1286-RGM; AP04-13336) Submitted: August 31, 2006 Decided: March 9, 2007 Before TRAXLER, KING, and DUNCAN, Circuit Judges. Reversed by unpublished per curiam opinion. John Leland Steiger, Appellant/Appellee Pro Se. Troy A. Gunderman, EDUCATIONAL CREDIT MANAGEMENT CORPORATION, St. Paul, Minnesota; Rand Lewis Gelber, Vienna, Virginia, for Educational Credit Management Corporation. Thomas Kass Berger, Reston, Virginia, for HELP Service Group, Incorporated. Unpublished opinions are not binding precedent in this circuit.- 3 - PER CURIAM: Educational Credit Management Corp. (“ECMC”) and John Steiger each appeal from the district court’s order granting a partial discharge of Steiger’s student loans held by ECMC. In light of this court’s opinion in In re Frushour , 433 F.3d 393 (4th Cir. 2005), decided after the district court’s decisionin this case, we reverse. Applying Frushour , we find that Steiger has not met the undue hardship standard for discharge of a student loan debt pursuant to 11 U.S.C. § 523(a)(8) (2000). We grant Steiger’s motion to consolidate appeals No. 05-2100 and No. 05-2107, but deny his motion to consolidate these two appeals with appeal Nos. 05- 2104 and 05-2106, which were previously dismissed. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. REVERSED
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3152 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3152

For the relief of Patricia Donahue, individually and in her capacity as 
administratrix of the estate of Michael J. Donahue; Michael T. Donahue; 
                   Shawn Donahue; and Thomas Donahue.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 11, 2011

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

_______________________________________________________________________

                                 A BILL

 
For the relief of Patricia Donahue, individually and in her capacity as 
administratrix of the estate of Michael J. Donahue; Michael T. Donahue; 
                   Shawn Donahue; and Thomas Donahue.

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

SECTION 1. COMPENSATION OF THE DONAHUE FAMILY.

    (a) Payment.--The Secretary of the Treasury shall pay, out of funds 
not otherwise appropriated, the amount of $6,335,100.00, the judgment 
entered by the United States District Court for the District of 
Massachusetts on May 6, 2009, plus interest as provided by section 1304 
of title 31, United States Code, to compensate Patricia Donahue, 
individually and in her capacity as administratrix of the estate of 
Michael J. Donahue, Michael T. Donahue, Shawn Donahue, and Thomas 
Donahue (the ``Donahues''), for costs related to and damages arising 
from the murder of Michael J. Donahue in Massachusetts in May 1982 as 
described in Docket No. 01-10433-RCL, filed in the United States 
District Court for the District of Massachusetts, and Docket Nos. 09-
1950 and 10-1766 filed in the United States Court of Appeals for the 
First Circuit.
    (b) Satisfaction of Claims.--The payment under subsection (a) shall 
be in full satisfaction of all claims of the Donahues against the 
United States in connection with the matter described in such 
subsection.
    (c) No Inference of Liability.--Nothing in this Act shall be 
construed as an inference of liability on the part of the United 
States.

SEC. 2. LIMITATION ON ATTORNEYS' AND AGENTS' FEES.

    (a) In General.--It shall be unlawful for an amount exceeding 25 
percent of the amount paid pursuant to section 1 to be paid to, or 
received by, any agent or attorney for any service rendered in 
connection with the payment under this Act, as set forth in the Federal 
Tort Claims Act, (28 U.S.C. 2678 of title 28, United States Code).
    (b) Enforcement.--Any person who violates subsection (a) shall be 
guilty of an infraction and shall be fined under title 18, United 
States Code.
                                 <all>
```
I 

111TH CONGRESS 

1ST SESSION H. R. 2664 

To require annual oral testimony before the Financial Services Committee 

of the Chairperson or a designee of the Chairperson of the Securities 

and Exchange Commission, the Financial Accounting Standards Board, 

and the Public Company Accounting Oversight Board, relating to their 

efforts to promote transparency in financial reporting. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 2, 2009 

Mr. LEE of New York (for himself, Mr. DAVIS of Kentucky, Mr. SCOTT of 

Georgia, Mr. CASTLE, and Mr. PUTNAM) introduced the following bill; 

which was referred to the Committee on Financial Services 

A BILL 

To require annual oral testimony before the Financial Services Committee of the Chairperson or a designee of the 

Chairperson of the Securities and Exchange Commission, 

the Financial Accounting Standards Board, and the Public Company Accounting Oversight Board, relating to 

their efforts to promote transparency in financial reporting. 

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


smartinez on PROD1PC64 with BILLS
2 

•HR 2664 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Promoting Trans3 parency in Financial Reporting Act of 2009’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Transparent and clear financial reporting is 

7 integral to the continued growth and strength of our 

8 capital markets and the confidence of investors. 

9 (2) The increasing detail and volume of ac10 counting, auditing, and reporting guidance pose a 

11 major challenge. 

12 (3) The complexity of accounting and auditing 

13 standards in the United States has added to the 

14 costs and effort involved in financial reporting. 

15 SEC. 3. ANNUAL TESTIMONY ON REDUCING COMPLEXITY IN 

16 FINANCIAL REPORTING. 

17 The Securities and Exchange Commission, the Fi18 nancial Accounting Standards Board, and the Public 

19 Company Accounting Oversight Board shall annually pro20 vide oral testimony by their respective Chairpersons or a 

21 designee of the Chairperson, beginning in 2009, and for 

22 5 years thereafter, to the Committee on Financial Services 

23 of the House of Representatives on their efforts to reduce 

24 the complexity in financial reporting to provide more accu25 rate and clear financial information to investors, includ26 ing— 


smartinez on PROD1PC64 with BILLS
3 

•HR 2664 IH

1 (1) reassessing complex and outdated account2 ing standards; 

3 (2) improving the understandability, consist4 ency, and overall usability of the existing accounting 

5 and auditing literature; 

6 (3) developing principles-based accounting 

7 standards; 

8 (4) encouraging the use and acceptance of 

9 interactive data; and 

10 (5) promoting disclosures in ‘‘plain English’’. 

Æ 


smartinez on PROD1PC64 with BILLS
#### In the Matter of the Claim of Karen M. Kridel, Appellant. Commissioner of Labor, Respondent.

[863 NYS2d 287]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 10, 2007, which, among other things, *466ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

From August 2005 through November 2006, claimant worked as a paralegal at a law firm on an hourly basis. In October 2006, the law firm adopted a policy prohibiting hourly employees from taking breaks during the workday, except for a midday lunch break. Claimant violated this policy by taking breaks to smoke cigarettes, as she had done before the policy was adopted, and she was discharged as a result. She applied for and received unemployment insurance benefits in the amount of $3,070.50. The Unemployment Insurance Appeal Board, however, subsequently disqualified claimant from receiving benefits on the ground that she was terminated for misconduct. It also charged her with a recoverable overpayment and imposed a forfeiture penalty upon finding that she made willful misrepresentations to obtain benefits. Claimant appeals.

Initially, “[k]nowingly violating an employer’s established policies and procedures has been held to constitute disqualifying misconduct” *(Matter of Jones [Commissioner of Labor],*285 AD2d 801 [2001]; *see Matter of Goldman [Bronx-Lebanon Hosp. Ctr.—Commissioner of Labor],*42 AD3d 847, 847-848 [2007]). By her own admission, claimant here continued to take breaks during the workday to smoke cigarettes even though she knew of the employer’s policy to the contrary. In view of this, substantial evidence supports the Board’s finding that she engaged in disqualifying misconduct. Furthermore, inasmuch as claimant admitted that she falsely represented on her application that she was terminated due to a lack of work, substantial evidence also supports the Board’s finding that she made willful misrepresentations *(see Matter of Strader [Commissioner of Labor],*49 AD3d 1120, 1121 [2008]; *Matter of Peters [Commissioner of Labor],*42 AD3d 615, 616 [2007]). Accordingly, we find no reason to disturb the Board’s decision.

Cardona, P.J., Peters, Carpinello, Kane and Kavanagh, JJ., concur. Ordered that the decision is affirmed, without costs.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2610 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2610

   To amend section 1886 of the Social Security Act to continue sole 
          community hospital treatment for certain hospitals.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2009

Mr. Kanjorski introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To amend section 1886 of the Social Security Act to continue sole 
          community hospital treatment for certain hospitals.

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

SECTION 1. CONTINUATION OF SOLE COMMUNITY HOSPITAL TREATMENT FOR 
              CERTAIN HOSPITALS.

    (a) In General.--Section 1886(d)(5)(B) of the Social Security Act 
(1395ww(d)(5)(B)) is amended by adding at the end the following new 
clause:
    ``(vi) If a hospital (in this clause referred to as the `new 
hospital') begins operations on or after January 1, 2010, within 35 
road miles of a hospital, that, as of the date of the new hospital 
beginning operations, is a sole community hospital (in this clause 
referred to as the `existing hospital'), the existing hospital shall 
continue to be treated as a sole community hospital if--
            ``(I) the new hospital is privately owned or operated as a 
        for-profit entity; and
            ``(II) a portion of the new hospital's ownership is 
        attributable to physicians.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to hospitals for cost reporting periods beginning on or after 
January 1, 2010.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S CONSOLIDATED BALANCE SHEET AND CONSOLIDATED STATEMENT OF OPERATIONS
AS OF AND FOR THE YEAR ENDED SEPTEMBER 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL STATEMENTS, INCLUDING THE NOTES
THERETO.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               SEP-30-1998
<EXCHANGE-RATE>                                      1
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   63,430
<ALLOWANCES>                                     6,411
<INVENTORY>                                    113,724
<CURRENT-ASSETS>                               188,506
<PP&E>                                         659,472
<DEPRECIATION>                               (248,298)
<TOTAL-ASSETS>                                 605,165
<CURRENT-LIABILITIES>                          486,922
<BONDS>                                              0
<PREFERRED-MANDATORY>                           56,917
<PREFERRED>                                          0
<COMMON>                                        95,597
<OTHER-SE>                                    (42,389)
<TOTAL-LIABILITY-AND-EQUITY>                   605,165
<SALES>                                        720,453
<TOTAL-REVENUES>                               720,453
<CGS>                                          659,132
<TOTAL-COSTS>                                  659,132
<OTHER-EXPENSES>                                39,927
<LOSS-PROVISION>                                 5,076
<INTEREST-EXPENSE>                              42,127
<INCOME-PRETAX>                               (20,733)
<INCOME-TAX>                                   (1,790)
<INCOME-CONTINUING>                           (18,943)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (18,943)
<EPS-PRIMARY>                                   (1.90)
<EPS-DILUTED>                                   (1.90)
        

</TABLE>