alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                               .
                                                                               .
                                                                               .
                                                                     Exhibit 4.1


                           RETIREMENT PLAN PERFORMANCE

<TABLE>
<CAPTION>

                                                                                         AVERAGE ANNUAL TOTAL
                                                                                            RETURNS AS OF
                                                                YTD                         JULY 31, 2003
                                                              RETURNS                       -------------
                                  FUND       EXPENSE           AS OF            1          3           5           10
FUND NAME                        NUMBER       RATIO       AUGUST 18, 2003      YEAR       YEAR        YEAR        YEAR
---------                        ------      -------      ---------------     ------    -------     -------      ------
<S>                              <C>         <C>          <C>                 <C>       <C>         <C>          <C>
Amer Funds New Persp A*            2777       0.82%            13.53%         13.45%     -7.02%       4.11%       11.03%
Enesco Group, Inc.*                2408         --              7.21%          3.78%      5.74%         --           --
Extended Mkt Index Inv               98       0.26%            23.92%         21.53%     -7.50%       2.09%        9.20%
International Growth Inv             81       0.67%            14.31%          6.80%    -11.75%      -2.79%        5.39%
Morgan Growth Fund Inv               26       0.48%            18.57%         16.50%    -12.11%      -0.19%        9.83%
Prime Money Mkt Fund                 30       0.33%             0.61%          1.18%      3.03%       3.96%        4.48%
Total Bond Mkt Index Inv             84       0.22%             0.68%          5.19%      7.79%       6.32%        6.52%
Total Stock Mkt Idx Inv              85       0.20%            16.61%         12.54%     -9.29%      -0.33%        9.69%
U.S. Growth Fund Investor            23       0.50%            14.84%          9.03%    -26.98%     -11.06%        5.10%
Wellington Fund Inv                  21       0.36%             9.45%          7.24%      4.87%       4.75%       10.36%
Windsor II Fund Inv                  73       0.42%            13.87%          9.34%      1.56%       0.88%       10.59%
</TABLE>



* YTD return as of Jul 31, 2003, and annual returns as of Jul 31, 2003.
Except for funds with *, all are Vanguard funds.
<PAGE>   1
                      SHOPKO STORES, INC. AND SUBSIDIARIES
                EXHIBIT 12 - STATEMENTS RE COMPUTATION OF RATIOS
                          (IN THOUSANDS, EXCEPT RATIOS)

<TABLE>
<CAPTION>
                                                            Year to Date as of                     Fiscal Years Ended
                                                        ----------------------------------------------------------------------------
                                                        October 30,      October 31,   January 30,     January 31,    February 22,
                                                            1999            1998           1999            1998            1997
                                                         (39 Weeks)      (39 Weeks)     (52 Weeks)      (49 Weeks)      (52 Weeks)
                                                        ----------------------------------------------------------------------------

        Ratio of Earnings to Fixed Charges
        ----------------------------------
        COMPUTATION OF EARNINGS

<S>                                                    <C>              <C>           <C>              <C>            <C>
    1   Pre-tax income before extraordinary item        $      94,820    $    24,726    $     91,627    $    80,443    $      74,022
    2   Add previously capitalized interest
          amortized during the period                             416            413             555            550              548
    3   Less interest capitalized during
          the period                                              233            124             171              0              128
                                                        -------------    -----------    ------------    -----------    -------------
    4   Total earnings (sum of lines 1 to 3)                   95,003         25,015          92,011         80,993           74,442

        COMPUTATION OF FIXED CHARGES

    5   Interest (1)                                           34,428         28,883          38,482         30,582           31,905
    6   Interest factor in rental expense                       6,972          3,138           4,087          2,691            2,657
                                                        -------------    -----------    ------------    -----------    -------------
    7   Total fixed charges (sum of lines
          5 and 6)                                             41,400         32,021          42,569         33,273           34,562

    8   TOTAL EARNINGS AND
          FIXED CHARGES (LINE 4
          PLUS LINE 7)                                  $     136,403    $    57,036    $    134,580    $   114,266    $     109,004
                                                        =============    ===========    ============    ===========    =============
    9   Ratio (line 8 divided by line 7)                          3.3            1.8             3.2            3.4              3.2
</TABLE>

        (1) Includes capitalized interest

                                       30
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-1759

BURL ANDERSON HOWELL,

Plaintiff - Appellant,

v.

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. James C. Fox, Senior 

District Judge. (5:14-cv-00898-F)

Submitted: August 4, 2015 Decided: August 11, 2015

Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Burl Anderson Howell, Appellant Pro Se. Kimberly Ann Moore, 

OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Burl Anderson Howell seeks to appeal the district court’s 

order denying without prejudice as premature his motion for 

leave to file a motion for summary judgment. This court may 

exercise jurisdiction only over final orders, 28 U.S.C. § 1291 

(2012), and certain interlocutory and collateral orders, 28 

U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial 

Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order 

Howell seeks to appeal is neither a final order nor an 

appealable interlocutory or collateral order. Accordingly, we 

dismiss the appeal for lack of jurisdiction. We dispense with 

oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and 

argument would not aid the decisional process.

DISMISSED
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 336 Agreed to House (ATH)]

106th CONGRESS
  2d Session
H. CON. RES. 336

Providing for a conditional adjournment of the House of Representatives 
         and a conditional recess or adjournment of the Senate.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2000

  Mr. Linder submitted the following concurrent resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Providing for a conditional adjournment of the House of Representatives 
         and a conditional recess or adjournment of the Senate.

    Resolved by the House of Representatives (the Senate concurring), 
That when the House adjourns on the legislative day of Thursday, May 
25, 2000, or Friday, May 26, 2000, on a motion offered pursuant to this 
concurrent resolution by its Majority Leader or his designee, it stand 
adjourned until 10:30 a.m. on Tuesday, June 6, 2000, for morning-hour 
debate, or until noon on the second day after Members are notified to 
reassemble pursuant to section 2 of this concurrent resolution, 
whichever occurs first; and that when the Senate recesses or adjourns 
at the close of business on Thursday, May 25, 2000, Friday, May 26, 
2000, Saturday, May 27, 2000, or Sunday, May 28, 2000, on a motion 
offered pursuant to this concurrent resolution by its Majority Leader 
or his designee, it stand recessed or adjourned until noon on Monday, 
June 5, 2000, or Tuesday, June 6, 2000, as may be specified by its 
Majority Leader or his designee in the motion to recess or adjourn, or 
at such other time on that day as may be specified by its Majority 
Leader or his designee in the motion, or until noon on the second day 
after Members are notified to reassemble pursuant to section 2 of this 
concurrent resolution, whichever occurs first.
    Sec. 2. The Speaker of the House and the Majority Leader of the 
Senate, acting jointly after consultation with the Minority Leader of 
the House and the Minority Leader of the Senate, shall notify the 
Members of the House and the Senate, respectively, to reassemble 
whenever, in their opinion, the public interest shall warrant it.
                                 <all>
```
<PAGE>

                                                                 EXHIBIT 10.11

                                November 8, 1999

Mark L. Davis
1860 Middleton Avenue
Los Altos, CA  94024

Dear Mark:

We are delighted to offer you an officer's position, as Vice President of
Marketing and Business Development for Evolve Software starting on or before
December 15, 1999.

Your target compensation will be $220,000 per annum, with a base salary of
$170,000 plus an annual bonus target of $50,000 to be awarded (or not) based on
the Company's Management Bonus Plan. You will also be provided with a car
allowance of $500 per month to help ease your commute from Los Altos.

You will also be provided with 2,000,000 shares of restricted stock at $0.20 per
share, vesting at a rate of 1/4th on your first anniversary of employment and
1/48th per month over a three-year period thereafter pursuant to the standard
form of agreement provided to all executives of the Company.  This includes
accelerated vesting provisions under certain circumstances in the event of an
acquisition of the Company.

Also enclosed is information about Evolve's health care benefits, 401(k) plan,
and other HR matters. Further information about our benefits programs in a
packet of materials, including our standard form employment agreement, which
provides for "at will" termination of your employment by either you or the
Company.

The terms of this offer and all other compensation matters relating to your
employment with the Company are confidential and may not be shared with anyone
except your family, professional advisors and immediate supervisor.

We are extremely enthused to have you join the Company on the terms set forth
above.  If you are in agreement, sign below and fax to me at (415) 439-6001,
indicating your acceptance of these terms.

                         Sincerely,



                         John P. Bantleman
                         President and C.E.O.

Accepted and agreed to:



By:                                              Date:
    ---------------------------------------            --------------------
               Mark L. Davis
# Josh Bornstein

**Mission Support**
Chief Security Officer

Josh Bornstein serves as the FEMA Chief Security Officer in the Office of the Chief Security Officer. In this role, Josh is FEMA’s lead executive responsible for directing the development and execution of FEMA-wide security programs impacting all FEMA personnel and facilities nationwide. Josh leads OCSO to protect FEMA by designing and leading physical security, personnel security, administrative security, special security, counterintelligence operations, insider threat, fraud prevention and investigations, and security training and awareness.

Josh has worked across federal, state, and local governments and in the private and non-profit sectors supporting homeland and national security and overall agency operations in the public health, food, and agriculture sectors. Prior to his arrival at FEMA, Josh was the Director of the Office of Safety, Security, and Asset Management and Chief Security Officer at the U.S. Centers for Disease Control and Prevention (CDC) in Atlanta, GA. In this role, he was the senior executive responsible for policy and operations surrounding health and safety, global and domestic security, and internal crisis management for CDC employees, contractors, and visitors. He also directed all facilities planning, engineering, maintenance, design and construction services, real property management, intelligence and counterintelligence activities, work/life wellness initiatives, sustainability, logistics, and transportation and fleet services. 

Josh began his career with the federal government at CDC as a Presidential Management Fellow after completing a Bachelor’s in Political Science at Emory University and a Master’s in Public Administration with a focus on crisis management at Georgia State University. He was appointed to the Senior Executive Service in February 2018 as the Deputy Director for the Office of Homeland Security in the U.S. Department of Agriculture.

Josh has obtained extensive experience in emergency management and security through leading and supporting federal, state, and local government responses throughout his career.

In addition to his government career, Josh also served as the first Director of Safety and Security for Children’s Healthcare of Atlanta. He is married with a young daughter. In addition to spending time with his family including caring for his two yellow labs, Josh enjoys running and being outside.

Last updated November 22, 2023

Return to top
<PAGE>



                                                                EXHIBIT 99.1



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

         Pursuant to 18 U.S.C. ss. 1350, the undersigned officer of America
Service Group Inc. (the "Company"), hereby certifies that the Company's
Quarterly Report on Form 10-Q for the quarter ended June 30, 2002 (the "Report")
fully complies with the requirements of Section 13(a) of the Securities Exchange
Act of 1934 and that the information contained in the Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.


Dated: August 14, 2002



                                             Name: /s/ Michael Catalano
                                                   -----------------------------
                                             Title: Chairman, President &
                                                    Chief Executive Officer
<PAGE>



                                                                    EXHIBIT 32.1


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


Pursuant to 18 U.S.C. ss.ss. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of America Service Group
Inc. (the "Company"), hereby certifies that the Company's Quarterly Report on
Form 10-Q for the quarter ended June 30, 2003 (the "Report") fully complies with
the requirements of Section 13(a) of the Securities Exchange Act of 1934 and
that the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Dated:  August 14, 2003


                                      Name:  /s/ Michael Catalano
                                             ----------------------------------
                                      Title: Chairman, President &
                                             Chief Executive 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 America Service Group Inc. and
will be retained by America Service Group Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.
Exhibit 99.2

Section 906 Certification

Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned hereby certifies that:

(1) I have reviewed the Quarterly Report on Form 10-Q of  InLand Capital Fund, L.P. (the "Report") to which this statement is an Exhibit;

(2) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(3) The information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of InLand Capital Fund, L.P.

 

 

 

By: Inland Real Estate Investment Corporation

       General Partner

/S/ Kelly Tucek____________________________________

Name: Kelly Tucek

Title: Assistant Vice President of the General Partner and

         Principal Financial Officer of InLand Capital Fund, L.P.

Date: November 12, 2002
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26 ORDER – 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

EURO CLASSICS, INC.,

Plaintiff,

v.

EXEL GLOBAL LOGISTICS,

Defendant.

 CASE NO. C06-843JLR 

 ORDER

 

Previously, the court dismissed all claims in this case without prejudice based on

Plaintiff’s failure to comply with a court order directing the parties to obtain local counsel

(Dkt. # 22). In doing so, the court inadvertently dismissed Defendant’s counterclaim, which

Defendant timely brought to the court’s attention. The court hereby amends its prior order to

preserve Defendant’s counterclaim and directs the clerk to reopen the case. The court’s

decision to dismiss Plaintiff’s claims remains unchanged. 

The court is in receipt of Defendant’s motion for summary judgment or default

judgment (Dkt. # 23). It does not appear that Defendant properly served Plaintiff with its

motion. Email notification to Plaintiff’s out-of-state counsel, who is not registered on

CM/ECF, does not suffice. See W.D. Wash. Electronic Filing Procedures Manual,

Case 2:06-cv-00843-JLR Document 25 Filed 12/11/2006 Page 1 of 2

Euro Classics Inc v. Exel Gobal Logistics Inc Doc. 25

Dockets.Justia.com
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26 ORDER – 2

Section III.D. (“If the recipient is not a registered participant in ECF, service of the underlying

document must be made by the filer in paper form according to the Federal Rules.”). To

ensure notice, the court orders Defendant to serve its motion on both Plaintiff’s counsel in

New Jersey as well as on Plaintiff along with a copy of this order. In the meantime, the court

STRIKES the motion without prejudice to Defendant refiling it once it has properly served

Plaintiff.

 Lastly, if Defendant wishes to move for default judgment in the future, it must comply

with Local Rules W.D. Wash CR 55 and Fed. R. Civ. P. 55(a), (b), which require an entry of

default by the clerk prior to an award of default judgment. 

Dated this 11th day of December, 2006.

A JAMES L. ROBART

United States District Judge

Case 2:06-cv-00843-JLR Document 25 Filed 12/11/2006 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
BALANCE SHEET AND CONSOLIDATED STATEMENT OF OPERATIONS INCLUDED IN QUARTERLY
REPORT ON FORM 10-Q FOR THE SIX MONTHS ENDED JUNE 30, 1999 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH QUARTERLY REPORT ON FORM 10-Q FOR THE SIX
MONTHS ENDED JUNE 30, 1999.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          12,277
<SECURITIES>                                         0
<RECEIVABLES>                                   13,601
<ALLOWANCES>                                         0
<INVENTORY>                                    176,522
<CURRENT-ASSETS>                                     0
<PP&E>                                           6,239
<DEPRECIATION>                                   3,705
<TOTAL-ASSETS>                                 246,232
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           522
<OTHER-SE>                                      22,666
<TOTAL-LIABILITY-AND-EQUITY>                   246,232
<SALES>                                        178,012
<TOTAL-REVENUES>                               178,012
<CGS>                                          147,858
<TOTAL-COSTS>                                  147,858
<OTHER-EXPENSES>                                11,208
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,671
<INCOME-PRETAX>                                 15,275
<INCOME-TAX>                                     2,191
<INCOME-CONTINUING>                             13,084
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  1,789
<CHANGES>                                            0
<NET-INCOME>                                    14,873
<EPS-BASIC>                                     0.28
<EPS-DILUTED>                                     0.28



</TABLE>
Before the Third Division,

April 12, 1957

No. 60647.

#### Worcester Royal Porcelain Co., Inc. *v.*United States,

protests 286262-K and 299228-K (New York).

Opinion by

Johnson, J.

In accordance with stipulation of counsel that certain items of the merchandise consist of figures similar in all material respects to those passed upon in *Wm. S. Pitcairn Corp.*v. *United States*(39 C. C. P. A. 15, C. A. D. 458), the claim of the plaintiff was sustained.