alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT M IC HAEL W ILLIAM SON; e t a l., Plaintiffs - Appe lla nts, v. ERIC K GEISLER ; e t a l ., De fe nda

nts - Appe lle e s. No. 14-55843 D.C . No. 2:12-c v-08056-DSF-JC M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the C e ntra l Distric t of C a lifornia Da le S. Fisc he r, Distric t Judge , Pre siding Argue d a nd Subm itte d M a

rc h 8, 2016 Pa sa de n a , C a l ifornia B e fore : C LIFTON a

nd IKUTA, C irc uit Judge s a nd B LOC K, ** Se nior Distric t Judge . M ic ha e l W illia

m son a nd Dwight La

y a p pe a l the distric t c ourt’ s de nia l of the i r m otion for c la s s c e rtific ation pursua nt to Fe de ra l R

ule of C ivil Proc e dure 23. W e hav e jurisdic tion under 28 U.S.C . § 1291. 

# FIL ED MAR 15 2016 M OLLY C. DW Y ER, CLERK U . S
. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The Honora

ble Fre de ric B loc k, Se nior Distric t Judgefor the U.S. Distric t C ourt for the Ea s te rn Distric t of Ne wYork, sitting by de signa tion.The distric t c ourt did not a buse its disc re tion in holding tha t the a ppe lla nts fa ile d to m e e t the ir burde n of de m onstra ting tha t the ir propose d c la ss m e t the num e rosity

and supe riority

re quire m e nts of R

ule 23 of theFe de ra l R

ule s of C ivil Proc e d ure . Se eGe n. Te l. C

o. of the N w . , Inc . v . EEOC, 446 U.S. 318, 330 & n.14 (1980); Harik

v . C al. Te ac he rs Ass’n , 326 F.3d 1042, 1051–52 (9th C ir. 2003); se e also W olin v
. J aguar Land Rove r N

. Am., LLC, 617 F.3d 1168, 1175 (9th C ir. 2010). Although a

ppe lla nts a rgue on a ppe a l tha t the propose d c la s s c o nta ins in e xc e ss of 100 m e m

be rs, the ir a

rgum e nt to the distric t c ourt indic ate d a c la ss siz e in the n e ighborhood of 40 to 50 m e m be rs. Num e rosity

is fa r from c l e ar with num

be rs in tha t ra nge . Ge n. Te l
. , 446 U.S. a t 330 n.14. M ore ove r, nothing in the re c ord c ontra dic te d the a

p pe lle e s’ e vide nc e tha

t a m a jority of prospe c tive c la ss m e m be rs ha d signe d individual re le a se s of the ir c la im s , se eW a l-Mart Store

s, Inc . v . Duk

e s , 131 S. C t. 2541, 2551 (2011), a nd the a p pe lla nts fa ile d to provideany

e vide nc e supporting the ir a

rgum e nt tha

t the individual re l e a se s we re inva lid unde r se c tion 206.5(a ) of the C a lifornia La bor C ode . AFFIRM E D.

2
First Amendment to the NCR Change in Control Severance Plan



 Exhibit 10.15.1 
 FIRST AMENDMENT TO NCR CORPORATION 
 CHANGE IN CONTROL SEVERANCE PLAN 

WHEREAS, the NCR Corporation (the “Company”) has previously adopted the Company’s Change in Control Severance Plan (the
“Plan”); and 
 WHEREAS, the Plan provides that the Compensation and Human Resource Committee of the Board of Directors of the
Company (the “Compensation Committee”) may establish and fund a grantor trust upon the occurrence of a Change in Control (as defined in the Plan); 
 WHEREAS, the Pension Protection Act of 2006 (the “Act”) has recently been signed into law and is currently effective; and 
 WHEREAS, the Act imposes significant tax penalties on senior executives of companies that set aside assets, or participate in a plan that provides for the setting aside of assets, to fund deferred compensation plan
benefits for current and former Section 16 officers and “covered employees” under Section 162(m) of the Code during specified periods; and 
 WHEREAS, the Board of Directors of the Company (the “Board”) wishes to minimize the risk that such penalties may be imposed; and 
 WHEREAS, the Board has determined that, in furtherance of these objectives, it is desirable to amend the Plan as permitted by Section 6.2 of the Plan; and 
 NOW THEREFORE, effective as of the date hereof, the Plan is hereby amended as follows: 
  

	 	1.	Section 7.7 is hereby amended to read in its entirety as follows: 

 Trust. The Compensation Committee may establish a trust with a bank trustee, for the purpose of paying benefits under this Plan. If so established, the trust shall be a grantor trust subject to the claims of
the Company’s creditors and shall, immediately prior to a Change in Control, be funded in cash or common stock of the Company or such other assets as the Compensation Committee deems appropriate with an amount equal to 120 percent of the
aggregate benefits payable under this Plan (including without limitation any required Gross-Up Payments) assuming that all Participants in the Plan incurred a termination of employment entitling them to Separation Benefits immediately following the
Change in Control, provided, that, in the event that such funding would result in the imposition of taxes and penalties under Section 409A of the Code with respect to any current or former Section 16 officers or any “covered
employees” within the meaning of Section 162(m) of the Code, the trust shall not be funded with respect to such individuals. 








	 	2.	Except as expressly modified hereby, the terms and provisions of the Plan shall remain in full force and effect. 

  

					
	NCR CORPORATION
			
	By:	 		 	 /s/ Peter Lieb

	Name:	 		 	Peter Lieb
	Title:	 		 	Senior Vice President,
		 		 	General Counsel and Secretary
§ 521.103 Scope of the convention. ( a ) The primary purposes of the convention, to be accomplished on a reciprocal basis, are to avoid double taxation upon major items of income derived from sources in one country by persons resident in, or by corporations of, the other country, and to provide for administrative cooperation between the competent tax authorities of the two countries looking to the avoidance of double taxation and fiscal evasion.
( b ) The specific classes of income from sources within the United States exempt under the convention from United States tax for taxable years beginning on and after January 1, 1948, are: ( 1 ) Industrial and commercial profits of a Danish enterprise having no permanent establishment in the United States (Article III);
( 2 ) Income derived by a nonresident alien who is a resident of Denmark, or by a Danish corporation, from the operation of ships or aircraft registered in Denmark (Article V);
( 3 ) Interest and royalties (including motion picture film rentals) derived by a nonresident alien who is a resident of Denmark or by a Danish corporation if such alien or corporation has no permanent establishment in the United States (Articles VII and VIII);
( 4 ) Compensation and pensions paid by Denmark to aliens for services rendered to Denmark (Article X(1));
( 5 ) Private pensions and life annuities derived by nonresident alien individuals residing in Denmark (Article X(2));
( 6 ) Compensation, subject to certain limitations, for personal services derived by a nonresident alien who is a resident of Denmark (Article XI);
( 7 ) Remittances from sources outside the United States received in the United States by a Danish citizen who is temporarily present in the United States for the purposes of study or for acquiring business experience, such remittances being for the purpose of his maintenance or studies (Article XIII);
( 8 ) Remuneration derived from teaching in the United States for a period of not more than two years by a professor or teacher who is a resident of Denmark but who is temporarily present in the United States (Article XIV).
( c ) The convention also reduces to 15 percent the rate of tax otherwise imposed upon dividends derived by a nonresident alien who is a resident of Denmark, or by a Danish corporation, if such alien or corporation has no permanent establishment in the United States (Article VI).
( d ) [Reserved]
( e ) The convention does not affect the liability to United States income taxation of citizens of Denmark who are residents of the United States except that such individuals are entitled to the benefits of Article XV (relating to credit for Danish income tax), and of Article XVI (relating to equality of taxation). Except as provided in Article XV, relating to the credit for income tax, the convention does not affect taxation by the United States of a citizen of the United States or of a domestic corporation, even though such citizen is resident in Denmark and such corporation is engaged in trade or business in Denmark.
[T.D. 5777, 15 FR 1595, Mar. 22, 1950, as amended by T.D. 8732, 62 FR 53498, Oct. 14, 1997]
<PAGE>
                                                                    EXHIBIT 12.1

                   GTECH HOLDINGS CORPORATION AND SUBSIDIARIES

                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES


<TABLE>
<CAPTION>
                                                                                     (Unaudited)
                                                                                  Three Months Ended
                                                                                  ------------------
                                                                                May 25,        May 26,
                                                                                 2002            2001
                                                                                 ----            ----
                                                                          (Dollars in thousands, except ratios)
<S>                                                                       <C>                  <C>
Earnings:
      Income before income taxes                                                $46,841         $30,821
      Add:
           Interest on indebtedness                                               2,925           6,422
           Equity income (loss) net of distributions                                215              (9)
           Minority losses                                                          329             255
           Portion of rents representative of the interest factor                 1,611           1,611
           Amortization of capitalized interest                                     312             485
                                                                                -------         -------
                Adjusted earnings                                               $52,233         $39,585
                                                                                =======         =======
Fixed charges:
           Interest on indebtedness                                               2,925           6,422
           Portion of rents representative of the interest factor                 1,611           1,611
           Capitalized interest                                                       -             647
                                                                                -------         -------
                Total fixed charges                                             $ 4,536         $ 8,680
                                                                                =======         =======


                Ratio of earnings to fixed charges                                11.52            4.56
                                                                                =======         =======
</TABLE>
**EXHIBIT 31.1****CERTIFICATIONS**I, Stephen M. Dyott, certify that: 1. I have reviewed this quarterly report on Form 10-Q of ACG Holdings, Inc. and AmericanColor Graphics, Inc., (collectively the “registrant”);  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;  4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have: a) designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  b) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and  c) disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recent fiscalquarter (the registrant’s fourth fiscal quarter in the case of an annual report) thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and 5. The registrant’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors andthe audit committee of registrant’s board of directors (or persons performing the equivalentfunctions): a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and  b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.        Date:    November 14, 2007 /s/ Stephen M. Dyott   Stephen M. Dyott   Chief Executive Officer
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          74,198
<SECURITIES>                                         0
<RECEIVABLES>                                  338,146
<ALLOWANCES>                                    (6,826)
<INVENTORY>                                    365,573
<CURRENT-ASSETS>                               797,738
<PP&E>                                       3,595,031
<DEPRECIATION>                                (625,339)
<TOTAL-ASSETS>                               4,395,969
<CURRENT-LIABILITIES>                          477,696
<BONDS>                                      1,175,642
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,207,427
<OTHER-SE>                                     958,037
<TOTAL-LIABILITY-AND-EQUITY>                 4,395,969
<SALES>                                      1,715,255
<TOTAL-REVENUES>                             1,715,255
<CGS>                                        1,266,610
<TOTAL-COSTS>                                1,266,610
<OTHER-EXPENSES>                                94,567
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              60,127
<INCOME-PRETAX>                                293,951
<INCOME-TAX>                                    69,188
<INCOME-CONTINUING>                            224,763
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   224,763
<EPS-PRIMARY>                                     4.34
<EPS-DILUTED>                                     4.29
        

</TABLE>
QUICK

CARDTM

Aerial Lifts

Safety Tips

Aerial lifts include boom-supported aerial platforms,

such as cherry pickers or bucket trucks. The major

causes of fatalities are falls, electrocutions, and 

collapses or tip overs.

Safe Work Practices

• Ensure that workers who operate aerial lifts are

properly trained in the safe use of the equipment.

• Maintain and operate elevating work platforms in

accordance with the manufacturer's instructions.

• Never override hydraulic, mechanical, or electrical

safety devices.

• Never move the equipment with workers in an 

elevated platform unless this is permitted by the

manufacturer.

• Do not allow workers to position themselves

between overhead hazards, such as joists and

beams, and the rails of the basket. Movement of 

the lift could crush the worker(s).

• Maintain a minimum clearance of at least 10 feet, 

or 3 meters, away from the nearest overhead lines.

• Always treat powerlines, wires and other conductors as energized, even if they are down or appear

to be insulated. 

• Use a body harness or restraining belt with a 

lanyard attached to the boom or basket to prevent

the worker(s) from being ejected or pulled from the

basket.

• Set the brakes, and use wheel chocks when on 

an incline.

• Use outriggers, if provided.

• Do not exceed the load limits of the equipment.

Allow for the combined weight of the worker, tools,

and materials.

OSHA 3267-09N-05

U.S. Department of Labor

www.osha.gov (800) 321-OSHA

For more complete information:

Occupational

Safety and Health

Administration
#### § 31.3231(e)-2 Contribution base.

The term *compensation* does not include any remuneration paid during any calendar year by an employer to an employee for services rendered in excess of the applicable contribution base. For rules applying this provision, see § 31.3121(a)(1)-1.

[T.D. 8582, 59 FR 66191, Dec. 23, 1994]
#### In the Matter of the Adoption of Kate M.K., an Infant. Alburr K.M., Jr., et al., Respondents; Robert W., Appellant.

[803 NYS2d 490]

Appeal from an order of the Family Court, Onondaga County (David G. Klim, J.), entered December 13, 2004 in an adoption proceeding. The order found that respondent had abandoned the child and permitted petitioners to file a petition for adoption.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Family Court properly dispensed with the consent of respondent to the adoption of his child on the ground of abandonment *(see*Domestic Relations Law § 111 [2] [a]; [6] [a], [b]; *Matter of Julia P.,*306 AD2d 937 [2003]; *Matter of Jasmin E.R.,*303 AD2d 1034 [2003]; *Matter of Ryan Paul L.,*112 AD2d 47, 48 [1985]). Contrary to respondent’s contention, the evidence establishes that respondent “evinced an intent to forego his parental rights and obligations by his failure for a period of six months to contact or communicate with the child or her mother although able to do so” *(Matter of Clair,*231 AD2d 842, 842 [1996], *lv denied*89 NY2d 806 [1997]), and we decline to substitute our judgment for that of Family Court in this matter. “Clear and convincing evidence of parental abandonment exists on the record before the court[,] which is more than sufficient to meet the statutory standard” that is set forth in Domestic Relations Law § 111 (2) (a) *(Ryan Paul L.,*112 AD2d at 48). Present—Pigott, Jr., P.J., Scudder, Kehoe, Smith and Pine, JJ.
#### § 41.6101-1 Period covered by returns.

Each return is for a taxable period as defined in section 4482.

[T.D. 8879, 65 FR 17155, Mar. 31, 2000]
H

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H

î

"

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600

500

500

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LA LUMBRITA RD

KAFFIE RANCH RD

LA LUMBRITA RD

Barrelosa Windmill

Berrendo Windmill

Blanco Windmill

Cabeza de

Toro

Windmill

Coloraditas Windmill

Colorado Windmill

El Camino Windmill

El Nuevo Windmill

ElToro Windmill

Frijole Windmill

Guadalupe Windmill

La Retama Windmill

Marrina Windmill

Melargo

Windmill

Palo Blanco Windmill

Patato Windmill

Pita Windmill

San Pedro Windmill

San Rafael Windmill

Santa Lucia Windmill

Santa Rita Windmill

Tegulero Windmill

Toedgar Windmill

Trampa Verde

Windmill

Verrando Windmill

Agua

Nueva NW

Agua

Nueva

Baluarte

Ranch

Alta Vista

Ranch SW

San

Antonio

Viejo

San Pablo

Ranch

Armstrong

Ranch

Alta

Vista

Ranch

McCampbell

Ranch

16

5

29

29

5'

000m 5

27°

29

42'

94

99

000

27° 5

30"

000

5

890

94

940 27° 5

5

98

45'

93

2'30"

28

NQ

5

28 30"

00

26

29

5

29

88

37'

000m

30

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N

FEET

29

29

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26

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27

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5

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96

98°

NQ

5'

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30" 37'

35

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89

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5

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07'

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00'

29

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29

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930

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NR NR

29

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90

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36

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30" 27°

FEET

000 34

TEXAS

ADJOINING 7.5' QUADRANGLES

QUADRANGLE LOCATION

ALTA VISTA RANCH SW QUADRANGLE

TEXAS-JIM HOGG CO.

7.5-MINUTE SERIES

ALTA VISTA RANCH SW, TX

2013

Interstate Route State Route

ROAD CLASSIFICATION

Ramp 4WD

US Route Local Road

WX Interstate Route /. US Route H State Route

U.S. DEPARTMENT OF THE INTERIOR

U. S. GEOLOGICAL SURVEY

Imagery..................................................NAIP, April 2010

Roads..............................................©2006-2012 TomTom

Names..........................................................GNIS, 2012

Hydrography....................National Hydrography Dataset, 2010

Contours............................National Elevation Dataset, 2008

Boundaries....................Census, IBWC, IBC, USGS, 1972 - 2012

North American Datum of 1983 (NAD83)

World Geodetic System of 1984 (WGS84). Projection and

1 000-meter grid: Universal Transverse Mercator, Zone 14R

Produced by the United States Geological Survey

10 000-foot ticks: Texas Coordinate System of 1983 (south zone)

This map was produced to conform with the

National Geospatial Program US Topo Product Standard, 2011.

A metadata file associated with this product is draft version 0.6.7

CONTOUR INTERVAL 10 FEET

NORTH AMERICAN VERTICAL DATUM OF 1988

SCALE 1:24 000

1 0.5 0

MILES

1

1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000

FEET

1000 500 0 METERS 1000 2000

1 0.5 0 KILOMETERS 1 2

U.S. National Grid

100,000-m Square ID

Grid Zone Designation

NR

NQ

30

00

14R

×

Ù

MN

GN

UTM GRID AND 2013 MAGNETIC NORTH

DECLINATION AT CENTER OF SHEET

0° 9 ́

3 MILS

4° 53 ́

87 MILS