alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ESPERANZA RUVALCABASANDOVAL,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-70298

Agency No. A078-650-226

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted September 13, 2010** 

Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

Esperanza Ruvalcaba-Sandoval, a native and citizen of Mexico, petitions for

review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to

reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We

FILED

SEP 30 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-70298

review for abuse of discretion, He v. Gonzales, 501 F.3d 1128, 1130-31 (9th Cir.

2007), and we deny the petition for review.

The BIA did not abuse its discretion in denying Ruvalcaba-Sandoval’s

motion to reopen as untimely where it was filed over one year after the BIA’s final

order, see 8 C.F.R. § 1003.2(c)(2), and Ruvalcaba-Sandoval failed to establish

changed circumstances in Mexico to qualify for the regulatory exception to the

time limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi v. Mukasey, 538

F.3d 988, 996 (9th Cir. 2008) (evidence must demonstrate prima facie eligibility

for relief in order to reopen proceedings based on changed circumstances).

Ruvalcaba-Sandoval’s contentions that the BIA failed to apply the correct

legal standard and did not consider the facts are belied by the record.

PETITION FOR REVIEW DENIED.
Amendment No. 1 to the Employment Agreement



 Exhibit 10.3 
 AMENDMENT NO. 1 
 TO THE 

EMPLOYMENT AGREEMENT 
 BETWEEN 
 HORIZON LINES, INC. AND STEPHEN H. FRASER 

This Amendment No. 1, dated June 7, 2012 to the Employment Agreement between Horizon Lines, Inc. (the “Company”) and
Stephen H. Fraser (the “Executive”), which was entered into as of March 3, 2011 (the “Employment Agreement”). 
 WHEREAS, pursuant to the terms of the Employment Agreement, the Executive is employed as the interim President and Chief Executive Officer of the Company; and 

WHEREAS, the Executive and the Company’s Board of Directors (the “Board”) wish to amend the Employment Agreement to
provide for transition of the Executive’s duties and responsibilities from the Executive to a successor President and Chief Executive Officer (“Successor CEO”) when such a Successor CEO is hired. 

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
agree as follows: 
 1. Section 1(a) of the Employment Agreement is deleted in its entirety and replaced with the following: 

“(a) Term. Executive’s employment under this Agreement shall commence as of the Effective Date and shall terminate as of the
date a successor President and Chief Executive Officer (a “Successor CEO”) commences employment with the Company, unless terminated earlier by either party upon written notice pursuant to the procedures set forth in Section 5 hereof
(the “Employment Term”). Notwithstanding the foregoing, the Board and Executive may agree to extend the Employment Term for a specified period following commencement of employment of the Successor CEO, if such extension is determined by
the Board to be appropriate for the effective transition of Executive’s duties and responsibilities to such Successor CEO. Subject to Section 2(b) below, upon the termination of Executive’s employment, Executive (or his estate, heirs
or beneficiaries, as applicable) shall be entitled to (i) payment of any earned, but unpaid Salary (with Salary for the final month of the Employment Term pro-rated to reflect Executive’s total number of days of employment during such
month), (ii) payment of any accrued but unused vacation or paid time off, and (iii) other employee benefits to which Executive is entitled upon termination of employment in accordance with the terms of the applicable plans and programs of
the Company.” 







 2. Section 1(c) of the Employment Agreement is amended by adding the following new sentence to the end
thereof: 
 “Executive shall resign as a member of the Board effective as of the date on which the Successor CEO commences
employment and is appointed to the Board.” 
 3. In all other respects not amended, the Agreement is hereby ratified and confirmed.

 IN WITNESS WHEREOF, the Company has caused this Amendment No. 1 to be executed on the date first written above.

  

			
	HORIZON LINES, INC.
		
	By:	 	 /s/ Jeffrey A. Brodsky

		 	Jeffrey A. Brodsky
		 	Chairman, Board of Directors
	
	EXECUTIVE
	
	 /s/ Stephen H. Fraser

	Stephen H. Fraser



  
 2
III 

110TH CONGRESS 

1ST SESSION S. RES. 392 

Recognizing the 60th anniversary of Everglades National Park. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2007 

Mr. NELSON of Florida (for himself and Mr. MARTINEZ) submitted the 

following resolution; which was considered and agreed to 

RESOLUTION 

Recognizing the 60th anniversary of Everglades National 

Park. 

Whereas Everglades National Park will celebrate its 60th anniversary on December 6, 2007; 

Whereas when President Harry S. Truman dedicated Everglades National Park on December 6, 1947, he stated: 

‘‘Here is land, tranquil in its quiet beauty, serving not as 

the source of water, but as the last receiver of it. To its 

natural abundance we owe the spectacular plant and animal life that distinguishes this place from all others in 

our country’’; 

Whereas Marjory Stoneman Douglas gave the Everglades the 

name ‘‘River of Grass’’ stating, ‘‘There are no other Everglades in the world’’; 


cnoel on PRODPC60 with BILLS_CN
2 

•SRES 392 ATS 

Whereas Everglades National Park has been designated an 

International Biosphere Reserve, a World Heritage Site, 

and a Wetland of International Importance, in recognition of its significance to all the people of the world; 

Whereas the Everglades ecosystem encompasses 3,000,000 

acres of wetlands and is the largest subtropical wilderness in the United States featuring slow-moving freshwater that flows south from Lake Okeechobee through 

sawgrass and tree islands to the mangroves and 

seagrasses of Florida Bay; 

Whereas Everglades National Park is home to rare and endangered species, such as the American crocodile, the 

Florida panther, and the Western Indian manatee and 

more than 350 species of birds, including the Great 

Egret, Wood Stork, Swallow-tailed Kite, and Roseate 

Spoonbill; 

Whereas the greater Everglades ecosystem is also an international center for business, agriculture, and tourism, 

with a rapidly growing population of varied ethnic, economic, and social values, all of which are dependent on 

a fully functioning ecosystem for an adequate freshwater 

supply, a healthy and sustainable economy, and overall 

quality of life; 

Whereas Everglades National Park is the subject of the most 

extensive ecosystem restoration plan in the history of 

mankind, the Comprehensive Everglades Restoration 

Plan; and 

Whereas this restoration plan must succeed in order for the 

treasures of Everglades National Park to be passed on to 

our children and grandchildren: Now, therefore, be it 

1 Resolved, That the Senate— 


cnoel on PRODPC60 with BILLS_CN
3 

•SRES 392 ATS 

1 (1) recognizes the 60th anniversary of Ever2 glades National Park; and 

3 (2) dedicates itself to the success of the Com4 prehensive Everglades Restoration Plan. 

Æ 


cnoel on PRODPC60 with BILLS_CN
#### § 779.267 Fluctuations in annual gross volume affecting enterprise coverage and establishment exemptions.

It is possible that the analysis performed at the beginning of each quarter to determine the applicability of the monetary provisions of the Act may reveal changes in the annual gross volume or other determinative factors which result in the enterprise or establishment meeting or ceasing to meet one or more of the tests for enterprise coverage or establishment exemption. Thus, enterprise coverage may result where the annual volume increases from an amount under to an amount over $250,000. Also, an enterprise having an annual gross volume of more than $1 million and meeting the requirements for a covered retail enterprise under the prior Act on the basis of previous sales analyses may fall below $1 million when the annual gross volume is computed at the beginning of the quarter being tested and as a result qualify only as a newly covered enterprise for the current quarter under the amended Act. Similarly, an enterprise previously subject to new coverage pay standards, having an annual gross volume of more than $250,000 but less than $1 million on the basis of previous sales analyses, may increase its annual gross volume to $1 million or more when recomputed at the beginning of the quarter being tested. It will thus become for the current quarter an enterprise in which employees are subject to the pay standards for employment covered under the Act prior to the amendments, provided that it meets the other conditions as discussed in § 779.245.
§ 510.22 Industries eligible for minimum wage phase-in. ( a ) Appendix A contains a listing of all industries included in the Census of Manufacturing. Appendix B contains a listing of non-manufacturing industries. These listing are organized by SIC numbers, presented by: ( 1 ) Major group (two-digit classification),
( 2 ) Industry group (three-digit classification), and
( 3 ) industry (four-digit classification). In each instance the phase-in tier which applies to that industry or group is indicated.
( b ) Employers are required to utilize the most detailed classification which applies to their industry. Where an employer's four-digit SIC code is listed, the tier applicable to that code determines the minimum wage phase-in schedule for that employer. (See § 510.10, above).
( c ) Where an industry is not listed by four-digit SIC code, employers shall utilize the three-digit which applies to their industry. If a three-digit code is not listed, employers shall use the applicable two-digit code.
[55 FR 12120, Mar. 30, 1990; 55 FR 12778, Apr. 5, 1990]
§ 2580.412-19 Term of the bond, discovery period, other bond clauses. ( a ) *Term of the bond.* The amount of any required bond must in each instance be based on the amount of funds “handled” and must be fixed or estimated at the beginning of the plan's reporting year, that is, as soon after the date when such year begins as the necessary information from the preceding reporting year can practicably be ascertained. This does not mean, however, that a new bond must be obtained each year. There is nothing in the Act that prohibits a bond for a term longer than one year, with whatever advantages such a bond might offer by way of a lower premium. However, at the beginning of each reporting year the bond shall be in at least the requisite amount. If, for any reason, the bond is below the required level at that time, the existing bond shall either be increased to the proper amount, or a supplemental bond shall be obtained.
( b ) *Discovery period.* A discovery period of no less than one year after the termination or cancellation of the bond is required. Any standard form written on a “discovery” basis, *i.e.*, providing that a loss must be discovered within the bond period as a prerequisite to recovery of such loss, however, will not be required to have a discovery period if it contains a provision giving the insured the right to purchase a discovery period of one year in the event of termination or cancellation and the insured has already given the surety notice that it desires such discovery period.
( c ) *Other bond clauses.* A bond shall not be adequate to meet the requirements of section 13, if, with respect to bonding coverage required under section 13, it contains a clause, or is otherwise, in contravention of the law of the State in which it is executed.
Exhibit 10.21

 

AMENDMENT 2012-2

TO

THE PEP BOYS SAVINGS PLAN

 

Pursuant to the authority previously delegated to it by the Board of Directors of The Pep Boys — Manny, Moe & Jack (the “Company”), the Benefits Plan Committee of the Company hereby amends The Pep Boys Savings Plan (the “Plan”) as follows:

 

1.                                      Section 7.2(b) of the Plan is hereby amended in its entirety to read as follows:

 

“(b)                           Notwithstanding Sections 5.2(a) and 8.4, all earnings and expenses, including commissions and transfer taxes, realized or incurred in connection with any investments pursuant to a Participant’s or Former Participant’s directions shall be credited or charged to the Participant’s or Former Participant’s Account for which the investment is made.  Effective as of January 1, 2012, a Participant or Former Participant who fails to designate an investment option for his Pre-Tax Contribution Account, Rollover Account and Matching Contribution Account, shall be deemed to have elected to have such Accounts invested in the age-appropriate Fidelity Freedom Fund.”

 

IN WITNESS WHEREOF, and as evidence of the adoption of this amendment set forth herein, the Committee has caused this instrument to be executed this 26th day of April, 2012.

 

	
Attest:
    	
 
    	
COMMITTEE   FOR
    
	
 
    	
 
    	
THE   PEP BOYS SAVINGS PLAN
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
/s/   Brian D. Zuckerman
    	
 
    	
By:
    	
/s/   Bernard K. McElroy
    
	
Brian   D. Zuckerman
    	
 
    	
 
    	
Bernard   K. McElroy
    
	
Senior   Vice President
    	
 
    	
 
    	
Vice   President Finance & Treasurer
    
	
General   Counsel & Secretary
EXHIBIT 24
                                POWER OF ATTORNEY
                                -----------------
Each  of  the non employee Directors of MacDermid, Incorporated signed identical
powers  of  attorney  in  the  following  form:
                                POWER OF ATTORNEY
                                -----------------
KNOW  ALL  MEN  BY THESE PRESENTS that the undersigned, a director of MacDermid,
Incorporated,  hereby  constitutes  and  appoints  Daniel H. Leever the true and
lawful  agent  and  attorney-in-fact  of  the  undersigned,  with full power and
authority  in  said  agent  and  attorney-in-fact  to  delegate the power herein
conferred to any person or persons said agent and attorney-in-fact shall select,
to  sign  in  the  place of the undersigned in his capacity as a director of the
Corporation,  the  Form  10-K  for  the fiscal year ended March 31, 2000, of the
Corporation to be filed with the Securities and Exchange Commission, Washington,
D.C.,  under  the  Securities  Exchange  Act  of  1934, as amended, and sign any
amendment  or  amendments to such Form 10-K; hereby ratifying and confirming all
acts  taken  by  such  agent  and  attorney-in-fact  as  herein  authorized.
                                  (Signature)*
May  12,  2000
*  The  Directors  who  signed  the  powers  of  attorney  were:
     Donald  G.  Ogilvie
     James  C.  Smith
     Thomas  W.  Smith
     R.  Nelson  Griebel
     Joseph  M.  Silvestri
<PAGE>

                                 EXHIBIT 23(a)

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

   As independent public accountants, we hereby consent to the incorporation by
reference of our report included in this Form 10-K, into the Company's
previously filed Form S-8 Registration Statement (File No. 333-79899), Form S-8
Registration Statement (File No. 333-29045), Form S-3 Registration Statement,
as amended (File No. 333-34309), Form S-8 Registration Statement (File No.
2-79563), Form S-8 Registration Statement (File No. 33-46109), Form S-8
Registration Statement (File No. 33-46110), Form S-8 Registration Statement
(File No. 33-48124), Form S-8 Registration Statement (File No. 33-59947) and
Form S-8 Registration Statement (File No. 33-59945).

                                            ARTHUR ANDERSEN LLP

Philadelphia, Pennsylvania
April 1, 2002
#### § 801.74 Retention of official record.

The official record of every completed administrative hearing provided by this part shall be maintained and filed under the custody and control of the Chief Administrative Law Judge.
**Exhibit32.1**

 

**CERTIFICATIONPURSUANT 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 ofVastera, Inc. (the “Company”) on Form 10-Q for the period ending March 31,2004 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Timothy A. Davenport, Chief Executive Officer of theCompany, certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to§ 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.                                       The Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

2.                                       The informationcontained in the Report fairly presents, in all material respects, thefinancial position and result of operations of the Company.

 
| /s/ Timothy A. Davenport              |   |
|---------------------------------------|--------|
|                                  |
| Timothy A. Davenport                  |
| President and Chief Executive Officer |
| May 10, 2004                          |

 

Signed original of this written statementrequired by Section 906 has been provided to Vastera, Inc. and will beretained by Vastera, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.

 

----
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Justice Drug Enforcement Administration
 By Notice dated February 10, 2000, and published in the 
                    **Federal Register**
                     on February 17, 2000, (65 FR 8206), Ansys Diagnostics, Inc., 25200 Commercentre Drive, Lake Forest, California 92630, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the basic classes of controlled substances listed below: Drug
SchedulePhencyclidine (7471)
II1-Piperid-ino-cyclo-hex-ane-carbo-nitrile (PCC) (8603)
IIBenzoylecgonine (9180)
II
 The firm plans to manufacture the listed controlled substances to produce standards and controls for in-vitro diagnostic drug testing systems. DEA has considered the factors in Title 21, United States Code, Section 823(a) and determined that the registration of Ansys Diagnostics, Inc. to manufacture the listed controlled substances is consistent with the public interest at this time. DEA has investigated Ansys Diagnostics, Inc. on a regular basis to ensure that the company's continued registration is consistent with the public interest. These investigations have included inspection and testing of the company's physical security systems, audits of the company's records, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823 and 28 CFR 0.100 and 0.104, the Deputy Assistant Administrator, Office of Diversion Control, hereby order that the application submitted by the above firm for registration as a bulk manufacturer of the basic classes of controlled substances listed above is granted. Dated: May 19, 2000. John H. King, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.


[FR Doc. 00-13437  Filed 5-26-00; 8:45 am] BILLING CODE 4410-09-M
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 on Form 10-Q of Triad Hospitals, Inc. (the Company) for the
quarter ended September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James D. Shelton, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 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 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/ JAMES D. SHELTON   
|James D. Shelton       
|Chief Executive Officer
|November 7, 2006       

This certification shall not be deemed filed for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended, or otherwise subject to liability pursuant to that section. This certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the
Securities Exchange Act of 1934, as amended, except to the extent that the Company specifically incorporates it by reference. 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.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE MARSHALL
INDUSTRIES ANNUAL REPORT ON FORM 10-K AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAY-31-1998
<PERIOD-START>                             JUN-01-1997
<PERIOD-END>                               MAY-31-1998
<CASH>                                           4,796
<SECURITIES>                                         0
<RECEIVABLES>                                  223,588
<ALLOWANCES>                                  (10,632)
<INVENTORY>                                    387,655
<CURRENT-ASSETS>                               641,743
<PP&E>                                         102,955
<DEPRECIATION>                                (57,099)
<TOTAL-ASSETS>                                 853,824
<CURRENT-LIABILITIES>                          206,147
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,616
<OTHER-SE>                                     383,823
<TOTAL-LIABILITY-AND-EQUITY>                   853,824
<SALES>                                      1,461,363
<TOTAL-REVENUES>                             1,461,363
<CGS>                                        1,232,026
<TOTAL-COSTS>                                1,232,026
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 2,540
<INTEREST-EXPENSE>                               7,480
<INCOME-PRETAX>                                 58,301
<INCOME-TAX>                                    24,958
<INCOME-CONTINUING>                             33,343
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 14,615
<CHANGES>                                            0
<NET-INCOME>                                    47,958
<EPS-PRIMARY>                                     2.86
<EPS-DILUTED>                                        0
        

</TABLE>