alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
In the United States Court of Federal Claims

No. 08-0207V

Filed: December 20, 2013

Not to be Published

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

XIANGDONG HE and BEE TAN, *

as parents and legal representatives of *

ENOCH HE, a minor, *

* Autism; Attorneys’ Fees and Costs

Petitioners, *

*

v. *

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

DECISION AWARDING ATTORNEYS’ FEES AND COSTS 1

On December 20, 2013, the parties filed a Stipulation of Facts Concerning 

Attorneys’ Fees and Costs. After informal discussions, the parties have agreed on 

$11,837.00 in attorneys’ fees and costs. In lieu of filing a Vaccine General Order #9 

statement, petitioners’ counsel represents that petitioners personally incurred no costs 

that are compensable under § 15 (e)(1).

The request for attorneys’ fees and costs is granted. Petitioners are

awarded reasonable costs pursuant to §§ 15(b) and (e)(1), as I find that the filing of the 

petition was in good faith and upon a reasonable basis, and the amount requested is 

reasonable and appropriate. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, 

I intend to post this decision on the United States Court of Federal Claims' website, in 

accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 

2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 

18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the 

criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for 

redaction must include a proposed redacted decision. If, upon review, I agree that the identified material 

fits within the requirements of that provision, I will delete such material from public access.
2

Pursuant to §15(e), I award a lump sum of $11,837.002to be paid in the form 

of a check payable jointly to the petitioners and petitioners’ counsel, Sean 

Greenwood.

In the absence of a timely-filed motion for review filed pursuant to Appendix B of 

the Rules of the U.S. Court of Federal Claims, the Clerk of the court shall enter 

judgment in accordance herewith.3

IT IS SO ORDERED.

s/Denise K. Vowell

Denise K. Vowell

Chief Special Master

 

2 This amount is intended to cover all legal expenses incurred in this matter. This award 

encompasses all charges by the attorney against a client, “advanced costs” as well as fees for 

legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from charging or 

collecting fees (including costs) that would be in addition to the amount awarded herein. See

generally Beck v. Sec’y of Dep't Health and Human Services, 924 F.2d 1029 (Fed. Cir.1991).

3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to 

seek review. See Vaccine Rule 11(a).
**
**Exhibit 31.3**

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**PURSUANT TO SECTION 302 OF**

**THE SARBANES-OXLEY ACT OF 2002**

I, Mark W. Wong, certify that: 

1.     I have reviewed this Amendment No. 1 to the annual report on Form 10-Kof S&W Seed Company; and 

2.     Based on my knowledge, this report does not contain any untrue statement of amaterial 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 report. 

Date: October 28, 2019 

 

/s/ Mark W. Wong

*President and Chief Executive Officer*

*(Principal Executive Officer)*
**
#### Walter Ladd NAMOSKE, Appellant, v. STATE of Florida, Appellee.

No. 72-696.

District Court of Appeal of Florida, Second District.

Sept. 28, 1973.

James A. Gardner, Public Defender, and W. Daniel Kearney, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and David Luther Woodward, Asst, Atty. Gen., Tampa, for appellee.

PER CURIAM.

Affirmed. See Steinhauser v. State, Fla.App.2d 1969, 228 So.2d 446.

MANN, C. J., and HOBSON and Mc-NULTY, JJ., concur.’
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JOHN CORNISH,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 165 EAL 2022

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 12th day of October, 2022, the Petition for Allowance of Appeal is 

DENIED.
[Federal Register Volume 62, Number 218 (Wednesday, November 12, 1997)]
[Notices]
[Page 60702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29693]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-484-001]


Williams Natural Gas Company; Notice of Proposed Changes in FERC 
Gas Tariff

November 5, 1997.
    Take notice that on October 3, 1997, Williams Natural Gas Company 
(WNG) tendered for filing to become part of its FERC Gas Tariff, Second 
Revised Volume No. 1, Substitute Fourth Revised Sheet No. 254, with a 
proposed effective date of September 25, 1997.
    WNG states that on August 27, 1997, it filed in Docket No. RP97-
484-000, tariff sheets to comply with Order No. 636-C. WNG states that 
Sheet No. 254 filed in this docket did not include the one-year 
extension for recovery of GSR costs approved by the Commission by order 
issued July 21, 1997 in Docket No. RP97-317-001. WNG states that the 
instant filing is being made to reflect the one-year extension filed 
July 23, 1997 in Docket No. RP97-317-001, in Docket No. RP97-484.
    WNG states that a copy of its filing was served on all participants 
listed on the service listed maintained by the Commission in the 
dockets referenced above and on all WNG's jurisdictional customers and 
interested state commissions.
    Any person desiring to protest this filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, 
Washington, D.C. 20426, in accordance with Section 385.211 of the 
Commission's Regulations. All such protests must be filed on or before 
November 12, 1997. Protests will be considered by the Commission in 
determining the appropriate action to be taken, but will not serve to 
make Protestants parties to the proceeding. Copies of this filing are 
on file with the Commission and available for public inspection in the 
Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 97-29693 Filed 11-10-97; 8:45 am]
BILLING CODE 6717-01-M
No. 00-7285.

#### Silkman *v.*United States.

C. A. 8th Cir. Certiorari denied.
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350**

 

In connection with theaccompanying Quarterly Report on Form 10-Q of Computer Horizons Corp. (the “Company”)for the quarterly period ended June 30, 2004 (the “Periodic Report”), I,William J. Murphy, Chief Executive Officer of the Company, hereby certifypursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that thePeriodic Report fully complies with the requirements of Section 13(a) or 15(d)of the Securities Exchange Act of 1934 and that the information contained inthe Periodic Report fairly presents, in all material respects, the financialcondition and results of operations of the Company.

 

 
| Date:  | November 9, 2004 |                    | /s/  William J. Murphy |   |
|--------|------------------|-------------------------|-----------------------------|--------|
|   |             | William J. Murphy       |
|   |             | Chief Executive Officer |

 

----
Exhibit 32
 Certification pursuant to
18 U.S.C. Section 1350,
as adopted pursuant to
 Section 906 of the Sarbanes-Oxley Act of 2002
  1.
    
    the report fully complies with the requirements of Sections 13(a) 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.
 March 24, 2010
    
    /s/ Tim CarterDate
    
    Tim CarterPresident and Chief Executive OfficerMarch 24, 2010
    
    /s/ Deborah B. WilkinsonDate
    
    Deborah B. WilkinsonExecutive Vice President and Chief Financial Officer
Exhibit








EXHIBIT 10.21
 
SUMMARY OF DIRECTOR COMPENSATION ARRANGEMENTS
 
Independent non-employee directors of Alexandria Real Estate Equities, Inc. (the “Company”) will receive the following compensation in 2018:


An annual retainer fee of $110,000.


The committee chairpersons will receive additional annual fees as follows:
	
				
	Lead Independent Director
	$
	50,000
	


	Audit Committee Chairperson
	$
	35,000
	


	Compensation Committee Chairperson
	$
	35,000
	


	Nominating & Governance Committee Chairperson
	$
	35,000
	


	Science and Technology Committee Chairperson
	$
	20,000
	





 


The committee members, other than the chairpersons, will receive additional annual fees as follows:
	
				
	Audit Committee Member
	$
	20,000
	


	Compensation Committee Member
	$
	20,000
	


	Nominating & Governance Committee Member
	$
	20,000
	


	Science and Technology Committee Member
	$
	6,000
	


	Pricing Committee Member
	$
	6,000
	







Reimbursement of out-of-pocket expenses incurred to attend related meetings.


A restricted stock grant of 880 shares of common stock on January 12, 2018, under the Company’s Amended and Restated 1997 Stock Award and Incentive Plan. Such shares vest over a period from March 31, 2018 to March 31, 2021.


The Company’s independent non-employee directors may elect to defer all or any portion of the fees above in accordance with the Company’s deferred compensation plan for its directors.


Directors who are also employees of the Company will not receive any compensation for their services as directors of the Company.
[Federal Register Volume 62, Number 227 (Tuesday, November 25, 1997)]
[Notices]
[Page 62804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30876]


-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS


Advisory Committee on Structural Safety of Department of Veterans 
Affairs Facilities, Notice of Meeting

    The Department of Veterans Affairs (VA), in accordance with Public 
Law 92-463, gives notice that two meetings of the Advisory Committee on 
Structural Safety of Department of Veterans Affairs Facilities will be 
held on:

Monday, December 8, 1997: 8:30 a.m. to 4:30 p.m.
Tuesday, December 9, 1997: 10:00 a.m. to 12:30 p.m.

    The location of the meetings will be 811 Vermont Avenue, NW; 
Washington, DC; in Room 438 on December 8, 1997, and Room 442 on 
December 9, 1997.
    The all day meeting of Monday, December 9, 1997, is a work session 
to review the developments in the field of structural design, as they 
relate to seismic safety of buildings, and fire safety issues. The 
Tuesday, December 9, 1997, meeting is a formal session to vote on 
structural and fire safety issues for inclusion in VA's standards.
    Both meetings will be open to the public up to the seating capacity 
of the room. Because of the limited seating capacity, it will be 
necessary for those wishing to attend to contact Krishna K. Banga, 
Senior Structural Engineer, Standards Service, Facilities Quality 
Office, Office of Facilities Management, Department of Veterans Affairs 
Central Office (phone 202-565-9370) by December 1, 1997.

    Dated: November 17, 1997.

    By Direction of the Acting Secretary.
Heyward Bannister,
Committee Management Officer.
[FR Doc. 97-30876 Filed 11-24-97; 8:45 am]
BILLING CODE 8320-01-M
<PAGE>
                                                                      EXHIBIT 12


                     COLUMBIA ENERGY GROUP AND SUBSIDIARIES
                STATEMENTS OF RATIO OF EARNINGS TO FIXED CHARGES
                                 ($ in millions)

<TABLE>
<CAPTION>
                                                   Twelve Months                          Twelve Months
                                                  Ended March 31,                       Ended December 31,
                                                 -----------------      ----------------------------------------------------
                                                  2004       2003        2003       2002        2001       2000        1999
==================================================================      ====================================================
<S>                                              <C>        <C>         <C>        <C>         <C>        <C>         <C>
CONSOLIDATED INCOME (LOSS) FROM CONTINUING
OPERATIONS BEFORE INCOME TAXES:                  703.5      705.0       727.8      662.3       453.7      455.9       529.6

ADJUSTMENTS:
Distributed (Undistributed) equity income         --         (2.3)        0.1       (2.5)        2.2       (5.5)       (5.8)
Fixed charges *                                   88.8      117.1        91.6      124.4       165.9      190.5       181.7
------------------------------------------------------------------      ----------------------------------------------------
Earnings available                               792.3      819.8       819.5      784.2       621.8      640.9       705.5

*FIXED CHARGES:
Interest on long-term and short-term debt         82.7      111.2        85.8      117.9       161.4      172.0       167.5
Portion of rentals representing interest           6.1        5.9         5.8        6.5         4.5       18.5        14.2
------------------------------------------------------------------      ----------------------------------------------------
Total Fixed Charges                               88.8      117.1        91.6      124.4       165.9      190.5       181.7

RATIO OF EARNINGS TO FIXED CHARGES                8.92       7.00        8.95       6.30        3.75       3.36        3.88
==================================================================      ====================================================
</TABLE>

Prior periods have been restated to reflect discontinued operations
CERTIFICATION PURSUANT TO 18 U.S.C.SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002   In connection with the Annual Report of Active Health Foods, Inc. (the “Company”) on Form 10-K for the periodended December 31, 2011as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Gregory Manos, 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 my knowledge and belief:  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.   October 19, 2012By:/s/ GREGORY MANOSGregory ManosPresident, CEO, Director and
Principal Financial Officer
<PAGE>

                                     AMENDMENT TO
                                 EMPLOYMENT AGREEMENT

         SECOND AMENDMENT dated August 1, 1996 to Employment Agreement
effective as of January 1, 1996, by and between The Coleman Company, Inc., a
Delaware corporation (the "Company") and Michael N. Hammes(the "Executive").

         WHEREAS, the parties entered into an Employment Agreement effective as
of January 1, 1996 (the "Employment Agreement"); and

         WHEREAS, the parties wish to amend the Employment Agreement as set
forth herein.

         NOW THEREFORE, the parties agree as follows:

         1.   Section 9(c) is hereby amended in its entirety and replaced with
the following:

              9.(c)  During the time the Executive is employed by the
    Corporation and for a period of two years following the termination of
    such employment for any reason, the Executive will not serve as an
    officer, director or employee, or in any other way assist the efforts
    of, any Significant Competitor.  As used herein, the term "Significant
    Competitor" shall mean any corporation, partnership or entity (i) that
    competes directly against the Corporation in one or more product lines
    with such product lines representing at least 10% of the total sales
    of such competitor, and (ii) where such competing products offered by
    the Corporation constitute at least 10% of the total sales of any
    organization unit of the Corporation (e.g. division or corporate) that
    the Executive has been employed at during the previous 24 months. 
    Notwithstanding anything above, this section shall not prohibit the
    Executive from owning not more than 5% of any publicly traded company. 
    The restrictions on the Executive pursuant to this Section 9(c) shall
    lapse upon any material breach of this Agreement by the Corporation,
    including without limitation, the obligations of Corporation under
    Section 6 COMPENSATION UPON TERMINATION.

<PAGE>

    2.   Executive acknowledges that he has been furnished a copy of Colorado
Revised Statutes Section 8-23-113(2) and he acknowledges that his position is
within the class of "executive and management personnel and officers" which is
excluded from the statute.

    3.   The parties agree that as except as expressly amended hereby, the
Agreement shall be in full force and effect.

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

                             THE COLEMAN COMPANY, INC.



                             By: /s/ LARRY E. SANFORD
                                ------------------------------------
                                  Name:  Larry E. Sanford
                                  Title: Executive Vice President


                              /s/ MICHAEL N. HAMMES
                             ----------------------------------------
                                  Michael N. Hammes
# October 2008 - June 2011
**EXHIBIT 32.1**

 

** CERTIFICATION PURSUANT TO18 U.S.C. § 1350, AS ADOPTED PURSUANT TO § 906 OF THE SARBANES-OXLEY ACT OF2002**

** **

Inconnection with the Quarterly Report on Form 10-Q for the period ended September30, 2005, for each of**PNM Resources, Inc. and Public Service Company ofNew Mexico ("Companies"), as filed with the Securities and Exchange Commissionon November 3, 2005 ("Report"), I, Jeffry E. Sterba, Chairman, President and ChiefExecutive Officer of the Companies, certify pursuant to 18 U.S.C. §1350, asadopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

(1)        theReport fully complies with the requirements of § 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

(2)        theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Companies.
| Date:   November 3, 2005 | By: | /s/Jeffry E. Sterba     |
|------------------------------------|-----|-------------------------|
|                                    |     | Jeffry E. Sterba        |
|                                    |     | Chairman, President and |
|                                    |     | Chief Executive Officer |
MEMORANDUM 

DATE: April 7, 2015

TO: Clean Power Plan for Existing Power Plants; Docket Id: OAR–2013-0602

FROM: Kathleen Aisling, EPA Region 6

SUBJECT: April 1, 2015 Conference Call Regarding Proposed Clean Power Plan for Existing 

Power Plants

SUMMARY

EPA HQ held a conference call with the Arkansas Department of Environmental Quality (ADEQ), 

Arkansas Public Service Commission (PSC), Arkansas Economic Development Commission 

(AEDC), and the Office of the Governor on April 1, 2015 in order to brief the new Director of the 

ADEQ, Becky Keogh, on the Clean Power Plan for Existing Power Plants. The call was at the 

request of the ADEQ. EPA Region 6 was also on the call.

Topics discussed included Arkansas issues regarding:

 Affordability of power under the CPP NGCC generation calculations and methodology

 Stranded assets

 Re-dispatch

 State plan challenges

 Coordination with Regional Haze Plans
2

ATTENDEES

Arkansas DEQ

Becky Keogh Director

Stuart Spencer Legal Policy Advisor

Tammy Harrelson Interim Air Division Chief

Tony Davis Air Planning Branch Manager

Arkansas PSC

Ted Thomas Chairman

Eddie Moore Policy Advisor

Arkansas EDC

Mitchell Simpson State Energy Office, Deputy Director

Chet Howland Energy Program Manager

Arkansas Office of the Governor

Tori Gordon Policy Advisor

US EPA

Kathleen Aisling Air Program Branch, EPA Region (R6)

Mark Hansen Chief, Air Program Branch (R6)

Clovis Steib Air Program Branch (R6)

Wren Stenger Director, Multimedia Planning and Permitting Division (R6)

Kevin Culligan Associate Division Director, SPPD, OAQPS

Joe Goffman Senior Counsel/Associate Assistant Administrator for Climate

Julia Miller Climate Protection Partnerships Division, OAR

Andrea Barbery Office of Intergovernmental Relations, AO
Exhibit 10.9


 


ETF MANAGERS


GROUP COMMODITY


TRUST I


 


Form of Amendment No. 2 to
Marketing Agent Agreement


 


THIS AGREEMENT is made and entered into
as of this [    ] day of [          ], 2018 on behalf of ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the
“Trust”), by and between ETF MANAGERS CAPITAL, LLC, a Delaware limited liability company (the “Sponsor”),
and ETFMG Financial LLC, a Delaware limited liability company (the “Marketing Agent”).


 


WHEREAS, the Trust is authorized to issue
shares of beneficial interest in separate series, with each such series representing interests in a separate portfolio of securities
and other assets;


 


WHEREAS, the Marketing Agent is a broker-dealer
registered with the Securities and Exchange Commission and is regulated by the Financial Industry Regulatory Authority as a FINRA
member firm; and


 


WHEREAS, the Sponsor and the Marketing Agent
have entered into an agreement dated March 1, 2017 (the "Agreement") whereby the Marketing Agent has agreed to provide
certain services to each series of the Trust listed on Schedule B (as amended from time to time) (each a “Fund”
and collectively, the “Funds”); and


 


WHEREAS, the parties wish to amend Schedule
B of the Agreement to include a new separate series of the Trust, the Breakwave Dry Bulk Shipping ETF;


 


NOW, THEREFORE, in consideration of the
promises and mutual covenants herein contained, and other good and valuable consideration, the receipt of which is hereby acknowledged,
the parties hereto, intending to be legally bound, do hereby agree as follows:


 


		1.	Schedule B is hereby amended to include the following fund: Breakwave Dry Bulk Shipping ETF.



 


		2.	Section 12 of the Agreement is hereby amended to include the following new language following the third sentence of the first
paragraph:



 


“However,
Schedule B hereto will be amended upon written instructions by the Trust to amend Schedule B. Unless the Marketing Agent objects
in writing to the amended Schedule B within five (5) days after its receipt, the amended Schedule B will become part of this Agreement
in accordance with its terms.”


 






     


     


    

 


IN WITNESS WHEREOF, the parties hereto have caused this Amendment
to be executed by a duly authorized officer on one or more counterparts as of the date first above written.


 





	ETF MANAGERS CAPITAL,
    LLC	 	ETFMG FINANCIAL LLC
	 	 	 
	 	 	  
	Samuel Masucci, III	 	Samuel Masucci, III
	Chief Executive Officer	 	Chief Executive Officer