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JOSEPH P. RUSSONIELLO (CABN 44332)

United States Attorney

BRIAN J. STRETCH (CABN 163973)

Chief, Criminal Division

CHRISTINE Y. WONG (NYBN 3988607)

Assistant United States Attorney

450 Golden Gate Avenue, Box 36055

San Francisco, California 94102

Telephone: (415) 436-7301

Facsimile: (415) 436-6753

E-Mail: Christine.Wong@usdoj.gov

Attorneys for the United States of America

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA

v.

CHRISTOPHER BRYAN ABLETT,

Defendant.

 

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No. 09-0749 RS

STIPULATION AND [PROPOSED]

ORDER DOCUMENTING WAIVER

On April 21, 2010, defendant Christopher Bryan Ablett appeared before the Court for a

status conference. Based on the parties’ request for additional time to conduct investigation,

review/produce discovery, and to file motions, the Court set a motions hearing/status conference

for June 15, 2010. The parties requested, and the Court ordered that the exclusion of time under

the Speedy Trial Act so that the defendant could review discovery, conduct an independent

*E-Filed 4/27/10*

Case 3:09-cr-00749-RS Document 43 Filed 04/27/10 Page 1 of 2
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On April 23, 2010, defendant filed a motion to dismiss. Under 18 U.S.C. Section 1

3161(h)(1)(D), time is excluded from Speedy Trial Act calculations from the date the motion was

filed until the conclusion of the hearing on the motion, currently scheduled for June 15, 2010. 

Nonetheless, out of an abundance of caution, the parties seek an order excluding the period from

April 21, 2010, to June 15, 2010.

-2-

investigation, and prepare motions to be filed. The parties agree that, given the possibility of a 1

sentence of death in this case, this case qualifies as an “unusual” or “complex” case under 18

U.S.C. § 3161(h)(7)(B)(i).

With the agreement of the parties and with the consent of the defendant, the Court

enters this order confirming the exclusion of time under the Speedy Trial Act from April 21,

2010, through June 15, 2010. The parties agree and stipulate, and the Court finds and holds, as

follows:

The ends of justice served by excluding the period from April 21, 2010, to June 15, 2010,

from Speedy Trial Act calculations outweighs the interests of the public and the defendant to a

speedy trial, by ensuring the effective preparation of counsel, in accordance with 18 U.S.C. §

3161(h)(7)(A) and (B).

STIPULATED:

DATED: April 27, 2010 /s/ 

RICHARD MAZER, ESQ.

Attorney for CHRISTOPHER BRYAN ABLETT

DATED: April 27, 2010 /s/ 

CHRISTINE Y. WONG

Assistant United States Attorney

IT IS SO ORDERED.

DATED: April __, 2010 

HON. RICHARD SEEBORG

United States District Judge

27

Case 3:09-cr-00749-RS Document 43 Filed 04/27/10 Page 2 of 2
Exhibit 10.8


 


TERMINATION OF THE


ATLANTIC SOUTHERN BANK


SUPPLEMENTAL EXECUTIVE RETIREMENT AGREEMENT


DATED MARCH 30, 2010


FOR


ED LOOMIS


 


Pursuant
to Section 3 of the Supplemental Executive Retirement Agreement (the “Agreement”)
by and between Atlantic Southern Bank, a state-chartered commercial bank
located in Macon, Georgia (the “Employer”), and Ed Loomis (the “Executive”),
the Company and the Executive hereby agree to terminate the Agreement.


 


IN WITNESS OF THE ABOVE, the Employer and the
Executive hereby acknowledge such termination.


 


	
  Executive:

  	
  Employer:

  
	
   

  	
   

  
	
   

  	
  ATLANTIC
  SOUTHERN BANK

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  	
  By

  	
   

  
	
  Ed
  Loomis

  	
  Title
Exhibit 10.19

GMH Communities Trust
2005 Executive Officer Cash Bonus Policy

On March 28, 2004, the Compensation Committee of the Board of Trustees of GMH Communities Trust (the "Trust") approved the performance criteria that will
be used to determine executive officer cash bonus awards for the year ending December 31, 2005. This approval by the Compensation Committee is consistent with the terms of the Trust's existing
employment agreements with Gary M. Holloway, Sr., the Trust's chairman, president and chief executive officer, Bruce F. Robinson, president of the Trust's military housing division, and Joseph M.
Coyle, president of the Trust's student housing division (collectively, the "Employment Agreements"). Under the terms of the Employment Agreements, the Compensation Committee is required to determine
within 90 days after the end of each fiscal year, a bonus policy containing relevant goals for the current fiscal year based on individual performance goals for the executives and corporate
performance goals set at threshold, target, superior and outperformance levels. The Compensation Committee has adopted a similar allocation of individual performance goals with respect to the Trust's
other executive officers for 2005.

The
performance criteria for the attainment of corporate goals for all executive officers of the Trust include (i) the Trust's funds from operations (FFO) per share for 2005,
(ii) dollar amount of student housing acquisitions for 2005, and (iii) the number of new military housing units obtained under the Trust's military housing privatization projects for
2005. These three corporate performance goals are broken down into specific threshold, target, superior and outperformance levels, and then further weighted with respect to executive officers, as
follows: FFO per share50%; student housing acquisitions35%; and military housing unit acquisitions15%. The individual performance goals with respect to each
executive officer consists of a number of defined responsibilities and business objectives prepared by the respective executive officer and tailored to his position within the Company.

Actual
bonuses will be determined by the Compensation Committee based on the satisfaction of the corporate and individual performance goals as described above, and paid in an amount
equal to a percentage of the executive officer's base salary based on the following threshold, target, superior and outperformance levels: Gary M. Holloway, Sr. (threshold40%;
target80%; superior120%; outperformance200%) Bruce R. Robinson (threshold40%, target80%; superior120%;
outperformance175%); Joseph M. Coyle (threshold40%, target80%; superior120%; outperformance175%); John DeRiggi
(threshold331/3%, target66 2/3]%; superior100%); Bradley W. Harris (threshold20%, target50%;
superior75%); and Joseph M. Macchione (threshold25%, target50%; superior100%).

The
Compensation Committee will make the final determinations of 2005 cash bonuses payable to executive officers within 90 days after the end of 2005.

---
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-28-1996
<PERIOD-START>                             JUN-30-1996
<PERIOD-END>                               SEP-28-1996
<CASH>                                         1398407
<SECURITIES>                                         0
<RECEIVABLES>                                  1126604
<ALLOWANCES>                                         0
<INVENTORY>                                    4241641
<CURRENT-ASSETS>                              10432701
<PP&E>                                         4128270
<DEPRECIATION>                                 3247520
<TOTAL-ASSETS>                                18102264
<CURRENT-LIABILITIES>                          7450000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    2249100
<COMMON>                                         28267
<OTHER-SE>                                   (5717166)
<TOTAL-LIABILITY-AND-EQUITY>                  18102264
<SALES>                                        8209754
<TOTAL-REVENUES>                               8209754
<CGS>                                          2693230
<TOTAL-COSTS>                                  2693230
<OTHER-EXPENSES>                               4515264
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              431964
<INCOME-PRETAX>                                 569296
<INCOME-TAX>                                    225448
<INCOME-CONTINUING>                             343848
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    343848
<EPS-PRIMARY>                                      .10
<EPS-DILUTED>                                      .10
        

</TABLE>
Case 3:08-cv-04845-EMC Document 49 Filed 02/23/10 Page 1 of 6
Case 3:08-cv-04845-EMC Document 49 Filed 02/23/10 Page 2 of 6
Case 3:08-cv-04845-EMC Document 49 Filed 02/23/10 Page 3 of 6
Case 3:08-cv-04845-EMC Document 49 Filed 02/23/10 Page 4 of 6
Case 3:08-cv-04845-EMC Document 49 Filed 02/23/10 Page 5 of 6
Case 3:08-cv-04845-EMC Document 49 Filed 02/23/10 Page 6 of 6
### §8455. Repealed. Pub. L. 104–66, title II, §2021(j)(1), Dec. 21, 1995, 109 Stat. 727

Section, Pub. L. 95–620, title VII, §745, Nov. 9, 1978, 92 Stat. 3343; Pub. L. 100–42, §1(c)(22), May 21, 1987, 101 Stat. 314, related to emissions monitoring.
EXHIBIT 31.1

                                  CERTIFICATION

I, G. Robert Tatum, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of BEVsystems
International, Inc;

2. Based on my knowledge, this quarterly report does 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 quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

a) designed such disclosure controls and procedures to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this quarterly report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"); and

c) presented in this quarterly report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the registrant's
auditors any material weaknesses in internal controls; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and

6. The registrant's other certifying officers and I have indicated in this
quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.

October 14, 2003



                                            /s/ G. Robert Tatum
                                            ----------------------------------
                                            Name: G. Robert Tatum
                                            Title: Chief Executive Officer and
                                            Chief Financial Officer
<PAGE>

                                                                    EXHIBIT 32.1

                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 Quarterly Report of Superior Consultant Holdings
Corporation (the "Company") on Form 10-Q for the period ended June 30, 2004, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), each of the undersigned, Richard D. Helppie, Jr., Chief Executive
Officer of the Company, and Richard R. Sorensen, Chief Financial Officer of the
Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his
knowledge and belief, that:

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

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

      Date: August 16, 2004              /s/ Richard D. Helppie, Jr.
                                         ------------------------------------
                                         Richard D. Helppie, Jr.
                                         Chief Executive Officer

      Date: August 16, 2004              /s/ Richard R. Sorensen
                                         ------------------------------------
                                         Richard R. Sorensen
                                         Chief Financial Officer

      A signed original of this written statement required by Section 906, or
      other document authenticating, acknowledging, or otherwise adopting the
      signature that appears in typed form within the electronic version of this
      written statement required by Section 906, has been provided to Superior
      Consultant Holdings Corporation and will be retained by Superior
      Consultant Holdings Corporation and furnished to the Securities and
      Exchange Commission or its staff upon request.
§ 1006.320 Tenant or homebuyer selection. As a condition to receiving grant amounts under the Act, the DHHL must adopt and use written tenant and homebuyer selection policies and criteria that: ( a ) Are consistent with the purpose of providing housing for low-income families;
( b ) Are reasonably related to program eligibility and the ability of the tenant or homebuyer assistance applicant to perform the obligations of the lease; and
( c ) Provide for: ( 1 ) The selection of tenants and homebuyers from a written waiting list in accordance with the policies and goals set forth in the housing plan; and
( 2 ) The prompt notification in writing of any rejected applicant of the grounds for that rejection.
§ 1006.220 Crime prevention and safety activities. NHHBG funds may be used for the provision of safety, security, and law enforcement measures and activities appropriate to protect residents of affordable housing from crime, including the costs of: ( a ) Physical improvements for affordable housing to enhance security, such as, fences, monitors, locks, and additional lighting;
( b ) Security personnel for affordable housing; and
( c ) Equipment for patrols.
EXHIBIT 32.1

                            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 Quarterly Report of Vertrue Incorporated (the "Company")
on Form 10-Q for the period ended December 31, 2006 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Gary A. Johnson,
President, Chief Executive Officer and Director of the Company, certify, to my
knowledge, 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 and Exchange Act of 1934; and

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



/s/ Gary A. Johnson
---------------------------
Gary A. Johnson
President, Chief Executive Officer and Director
Vertrue Incorporated
February 9, 2007


A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
Draft EIS Appendix 34 

APPENDIX 34—DESIGNATED ROW CORRIDOR 

CRITERIA 

A transportation and utility right-of-way (ROW) corridor criteria determination would be undertaken

subsequent to the issuance of the Record of Decision (ROD) for this plan. 

ROW DEVELOPMENT AND SELECTION CRITERIA

When a new proposal is received subsequent to the designated corridor criteria determination, the purpose

would be evaluated based on the criteria listed below. Each proposal would be examined on a case-bycase basis to determine if it meets the corridor criteria. The type, compatibility, proximity to other 

ROWs, extent/area, and mitigation measures for a ROW would be identified prior to granting additional

ROWs within any designated corridor. 

The following items would be determined for each designated corridor: 

• 

• 

• 

• 

• 

• 

Types of ROW facilities to be allowed 

ROW activities to be allowed or restricted 

Exact location and width available within the corridor 

Non-ROW activities to be allowed, restricted, or prohibited within the proposed ROW corridor or

ROW use area

Nonstandard or administrative (i.e., resource protection) terms and conditions to be applied to

specific ROW facilities that subsequently may be located within the ROW corridor or ROW use 

area 

Ancillary facilities and “perpendicular” access needed to efficiently gain access to the ROW 

corridor or ROW use area. 

Rawlins RMP A34-1
#### The People of the State of New York, Respondent, v Willie Dyla, Appellant.

[831 NYS2d 912]

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, an opinion and order of this Court dated December 30, 1988 *(People v Dyla,*142 AD2d 423 [1988]), affirming a judgment of the County Court, Nassau County, rendered May 16, 1984.

Ordered that the appellant is granted leave to serve and file a brief on the issue of whether the prosecutor’s use of peremptory challenges constituted a *Batson*violation *(see Batson v Kentucky,*476 US 79 [1986]); and it is further,

Ordered that pursuant to County Law § 722 the following *663named attorney is assigned as counsel to prosecute the application: Philip L. Tomich, 1000 Franklin Ave., Suite 201, Garden City, N.Y. 11530 and it is further,

Ordered that assigned counsel shall prosecute the application expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1 *et seq.)*and written directions; and it is further,

Ordered that the application is held in abeyance in the interim. Prudenti, P.J., Miller, Schmidt and Crane, JJ., concur.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-30120

Summary Calendar

 

GAYLE R. FUSSELL,

Plaintiff-Appellant,

versus

BELLSOUTH TELECOMMUNICATIONS, Inc.,

Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 96-CV-1660-T

- - - - - - - - - -

September 23, 1998

Before JOLLY, SMITH, and WIENER, Circuit Judges.

PER CURIAM:*

Gayle R. Fussell appeals the district court’s summary

judgment in favor of the BellSouth Telecommunications ("BST"). 

Fussell abandoned her state tort and state-discrimination-law

contentions by not raising them on appeal. Evans v. City of

Marlin, Tex., 986 F.2d 104, 106 n.1 (5th Cir. 1993). 

Fussell argues that the district court erred by granting

BST's motion for summary judgment and dismissing her Age

Discrimination in Employment Act and her Americans with 
No. 98-30120 

-2-

Disabilities Act claims. We have reviewed the briefs of the

parties and the summary-judgment evidence, and we AFFIRM for

essentially the same reasons stated by the district court. See

Fussell v. BellSouth Telecommunications Inc., No. 96-CV-1660-T

(E.D. La. Jan. 8, 1998).

AFFIRMED.
#### § 15.304 Consideration of demands for production of material or provision of testimony.

Consideration of demands shall be within the province of the attorney representing the United States, who may raise any valid objection to the production of material or provision of testimony in response to the demand.

[73 FR 72207, Nov. 26, 2008]
**EXHIBIT32.1**

 

CERTIFICATION PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002(18 U.S.C. SECTION 1350)

 

 

In connectionwith the accompanying Amendment to Quarterly Report of Bionova HoldingCorporation (the “Company”) on Form 10-Q/A for the period ended June 30, 2003(the “Report”), I, Jose Manuel Garcia, Chief Executive Officer of the Company,hereby certify that to my knowledge:

 

(1)           TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

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

 

 
| Dated: January 19, 2004 |                                                  |
|-------------------------|-------------------------------------------------------|
|                    |                                                  |
|                    |     /s/  JOSE  MANUEL GARCIA |   |
|                    |                                                  | Jose Manuel Garcia |
|                    |                                                  | Chief Executive Officer |
|                         |                                                       |  |  |

 

1

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