alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SunOpta Inc.: Exhibit 10.2 - Filed by newsfilecorp.com






Exhibit 10.2 

 

November 8, 2016 

Robert McKeracher 
[Address omitted] 

Dear Rob, 

As we enter a new phase of SunOpta your participation in the
transformation work is critical. Starting now and through the coming year, we
need your commitment and dedication to effectively lead the work required and
support the changes in front of us.

Your retention is important to SunOpta. If you voluntarily
remain employed with SunOpta through the earlier of (i) the date you sign off on
SunOpta’s financial statements for the 2017 fiscal year and (ii) March 31, 2018
(the “Retention Date”), you will be paid a retention bonus of sixty percent
(60%) of your annual base salary as of the Retention Date (the “Retention
Bonus”), less all applicable withholdings, on the first regular payroll date
following the Retention Date.

If you voluntarily terminate your employment or SunOpta
involuntarily terminates your employment without “Cause” prior to the Retention
Date, you will be paid a prorated amount of the Retention Bonus from the date of
this letter. For the purposes of this letter, “Cause” means: (i) your engagement
in dishonesty, illegal conduct or gross misconduct, which is, in each case,
materially injurious to SunOpta; (ii) your embezzlement, misappropriation or
fraud whether or not related to your employment with SunOpta; or (iii) your
conviction of or plea of guilty or nolo contendere to a crime that
constitutes an indictable or felony offence (excluding driving offences) or a
crime that constitutes a misdemeanor involving moral turpitude. 

SunOpta will review your performance and annual base salary on
March 31, 2017 and every three (3) months thereafter until the Retention Date
(the “Review Dates”). SunOpta may adjust your annual base salary upwards on the
Review Dates based on your individual performance. SunOpta cannot adjust your
annual base salary downwards on the Review Dates. You will be eligible to
participate in all new compensation plans and programs established by SunOpta
between the date of this letter and the Retention Date. 

On the Retention Date you may elect to voluntarily terminate
your employment with SunOpta and receive the severance payment as defined in
your executive employment agreement with SunOpta dated October 10, 2011 (the
“Severance Payment”). For certainty, if you voluntarily terminate your
employment with SunOpta at any time prior to or following the Retention Date,
you will not be entitled to receive the Severance Payment. If SunOpta terminates
your employment without Cause at any time prior to, on or following the
Retention Date, you will be entitled to receive the Severance Payment. 




– 2 – 

I look forward to working with you over this new phase of
SunOpta.

Respectfully, 

/s/ Kathy Houde 

Kathy Houde 
Interim CEO 

I agree to the above conditions of employment.

	/s/ Robert McKeracher 	November 8, 2016 
	Robert McKeracher 	Date
257 La. 975

#### STATE of Louisiana v. David Lee MIXON and Gerald Allen.

No. 51213.

Supreme Court of Louisiana.

March 3, 1971.

In re: Gerald Allen applying for writ of mandamus.

Granted. Fix for March 31, 1971. (See order).

The ^petition of the relator in the above entitled and numbered case having been duly considered,

It is ordered that a writ of certiorari issue herein, directing the Honorable Oliver P. Schulingkamp, Judge of the Criminal District Court, for the Parish of Orleans to transmit to the Supreme Court of Louisiana, on or before the 31st day of March, 1971, the record of the proceedings complained of by the relator herein, to the end that the validity of said proceedings may be ascertained.

It is further ordered that the aforesaid Judge of said Court and the respondent through the District Attorney, shall show cause, in this court, on the date aforesaid, at 11 o’clock A.M., why the relief prayed for in the petition of the relator should not be granted.
EXHIBIT 32



         CERTIFICATION REQUIRED BY 18 U.S.C.SS.1350, AS ADOPTED PURSUANT
                TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the annual report of Decorator Industries, Inc. ("the
Company") on Form 10-K for the annual period ended January 3, 2009, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
we, William A. Johnson, Chief Executive Officer of the Company, and Michael K.
Solomon, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act oF 2002,
that:

               (1)  The Report fully complies with the requirements of section
                    13(a) or 15(d) of the Securities 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.




         Date: March 31, 2009               By:  /s/ William A. Johnson
               --------------                    -------------------------------
                                                 William A. Johnson,
                                                 Chief Executive Officer


         Date: March 31, 2009               By:  /s/ Michael K. Solomon
               --------------                    -------------------------------
                                                 Michael K. Solomon,
                                                 Chief Financial Officer
#### William Howard TALLANT v. IRBY PLUMBING CO. et al.

No. 44308.

Supreme Court of Mississippi.

March 6, 1967.

Schweizer & Harvey, Columbus, for appellant.

Taylor B. Smith, Threadgill & Hicks, Columbus, for appellees.

PER CURIAM.

Affirmed.
#### MARINE NATIONAL BANK, etc., et al., Petitioners, v. Marian R. BOYER et al., Respondents.

No. 43629.

Supreme Court of Florida.

June 11, 1973.

Certiorari denied.

ROBERTS, Acting C. J., and ERVIN, ADKINS, BOYD and McCAIN, JJ., concur.
THE LAW OFFICE OF

AUDREY MULLERT VICKNAIR

FROST BANK PLAZA

802 NORTH CARANCAHUA, SUITE 1350 

CORPUS CHRISTI, TEXAS 78401-0022 

TELEPHONE: (361) 888-8413 BOARD CERTIFIED

TELECOPIER: (361) 887-6207 CIVIL APPELLATE LAW

E-MAIL: avicknair@vicknairlaw.com TEXAS BOARD OF LEGAL SPECIALIZATION

July 8, 2015 

Hon. Keith Hottle, Clerk 

Fourth Court of Appeals 

300 Dolorosa, Ste. 3200 

San Antonio, TX 7205 

Re: Cause No. 04-15-00350-CV, Jack Rettig v. Bruno, et al, on appeal to the 

Fourth Court of Appeals from Webb County, Cause No. 2015CVQ000699 

D2 

Dear Mr. Hottle: 

Please let this letter serve as notice to the Court that upon further review of the 

trial court’s orders on appeal in this cause, a question has arisen about the breadth of 

same. Only Mendoza and Garcia filed motions to vacate the domesticated foreign 

judgment and had those motions heard by the trial court. The Orders on appeal expressly 

rule on those motions. Lopez filed a motion but did not have it heard. Bruno and 

Williams filed no motions contesting the domesticated judgment. Accordingly, Rettig 

focused on Mendoza and Garcia when filing his Motion to Abate Appeal. Both have 

filed Responses. 

The Orders from which Rettig has appealed may be construed to address Lopez, 

Bruno and Williams as well. Lopez and Williams are represented by counsel (below) and 

Rettig has inquired as to their position on the motion to abate. Bruno is pro se and has 

taken no action in this case since shortly after it was filed in Harris County in 2014. He is 

not expected to take a position on the motion to abate. 

An Amended Notice of Appeal has been filed along with the Designation of 

Clerk’s Record. The Reporter’s Record was requested and the undersigned understands 

it has already been filed. 

Please let us know how we can aid the Court. Thank you for your courtesies. 

 

Yours truly, 

 /s/ Audrey Mullert Vicknair 

 Audrey Mullert Vicknair 

ACCEPTED

04-15-00350-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

7/8/2015 4:51:26 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 7/8/2015 4:51:26 PM KEITH E. HOTTLE Clerk
Mr. Keith Hottle 

July 8, 2015 

Page 2 of 2 

Cc: 

Lance H. Beshara – counsel for Mendoza

PULMAN CAPPUCCIO 

PULLEN BENSON & JONES, LLP 

2161 N.W. Military Hwy., Suite 400 

San Antonio, Texas 78213 

Jana K. Terry – counsel for Garcia

BECKSTEAD TERRY P.L.L.C. 

9442 N. Capital of texas Hwy. 

Arboretum Plaza One, Suite 500 

Austin, Texas 78759 

Carlos Evaristo Flores – counsel for Lopez

PERSON,WHITWORTH, BORCHERS & MORALES, LLP 

602 E. Calton Road, 2nd Floor 

P.O. Drawer 6668 

Laredo, Texas 78042-6668 

Darrell W. Cook – counsel for Williams

DARRELL W. COOK & ASSOCIATES, P.C. 

One Meadows Building 

5005 Greenville Ave., Ste. 200 

Dallas, Texas 75206 

By tex.gov electronic filing system 

Ronald E. Bruno – pro se

2304 Matador Circle 

Austin, Texas 78746 

By U.S. Mail
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3284 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3284

         Entitled the ``Asylum Abuse Prevention Act of 1993''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 14, 1993

   Mrs. Bentley (for herself, Mr. Stump, Mr. Gallegly, Mr. Levy, Mr. 
Bartlett of Maryland, and Mr. Machtley) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
         Entitled the ``Asylum Abuse Prevention Act of 1993''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LIMITATION ON ASYLUM.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended by adding at the end the following:
    ``(e) Notwithstanding subsection (a), an alien, who departs the 
country of nationality (or in the case of an alien having no 
nationality, the country in which the alien last habitually resided) 
and passes through another country which provides asylum or safe haven 
to refugees may not apply for or be granted asylum in the United 
States.''.

                                 <all>
```
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 1795

JAM E L ELLERBEE , Petitioner ,

v. ANNETT HOLDINGS, INC., d/b/a TMC Transportation; UNITED STATES DEPARTMENT OF LABOR , Respondents

.

On Petition for Review of an Order of the Department of Labor . ( 2019

- 00 59 ; 2019

- STA

00011 )

Submitted : December 17 , 2019 Decided: December 19, 2019

Before KING, FLOYD, and HARRIS , Circuit Judges.

Petition denied by un published per curiam opinion

.
Jamel Ellerbee, Appellant Pro Se. Alyssa C. George, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Matthew Christopher Burke, Dana Hefter Hoffman, YOUNG MOORE & HENDERSON, PA, Raleigh, North Carolina , for Appellees.

Unpublished opinions are not bi nding precedent in this circuit.2 PER CURIAM: Jamel Ellerbee petitions for review of an order of the Department of Labor’s (DOL) Administrative Review Board (ARB) dismissing as untimely his petition for review of the Administrate Law Judge’s (ALJ) decisio n dismissing his complaint alleging violations of the Surface Transportation Assistance Act of 1982 (STAA), see 49 U.S.C. § 31105 (2012). Initially, Ellerbee has forfeited our review of the ARB’s determination that his petition for review of the ALJ’s decision was untimely. See Jackson v. Lightsey , 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important document; under Fourth Circuit rules,
our review is limited to issues preserved in that brief ) ; United States v. Copeland , 707 F.3d 522, 530 (4th Cir. 2013) (recognizing that this Court generally does not consider arguments newly raised in reply)

. And, because Ellerbee failed to timely petition the ARB for review,

we lack authority to exercise judicial review over the ALJ’s decision

. See 49 U.S.C. § 31105(d) (requiring STAA judicial review to conform with Administrative Procedure Act (APA)); 29 C.F.R. §§ 1978.109(e), 1978.110(a), (b) (2019); see also Darby v.
Cisn eros , 509 U.S. 137, 147, 152

- 53 (1993) (recognizing circumstances under which regulation may establish int ra
- agency appeal as prerequisite to judicial review under APA ). Accordingly, we deny the petition for review. We grant Ellerbee’s motions to
submit on the briefs and to amend the record. 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.
PETITION DENIED
#### Nora R. STELLA, Widow of Joseph Stella, deceased, Petitioner, v. CITY OF MIAMI DEPARTMENT OF WATER & SEWERS et al., Respondents.

No. 41764.

Supreme Court of Florida.

Oct. 16, 1972.

Rehearing Denied Nov. 30, 1972.

Certiorari denied.

ROBERTS, C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
#### Roger Louis JACKSON, Jr., Appellant, v. The STATE of Florida, Appellee.

No. 73-1345.

District Court of Appeal of Florida, Third District.

Dec. 6, 1973.

PER CURIAM.

Appeal dismissed.
# C_2014447EN.01003001.xml

| 13.12.2014 | EN | Official Journal of the European Union | C 447/30 |
| --- | --- | --- | --- |

13.12.2014

EN

Official Journal of the European Union

C 447/30

---

Information communicated by Member States regarding closure of fisheries

(2014/C 447/12)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 8.12.2014 |
| --- | --- |
| Duration | 8.12.2014-31.12.2014 |
| Member State | Sweden |
| Stock or group of stocks | COD/03AS. |
| Species | Cod (Gadus Morhua) |
| Zone | Kattegat |
| Type(s) of fishing vessels | — |
| Reference number | 79/TQ43 |

Date and time of closure

8.12.2014

Duration

8.12.2014-31.12.2014

Member State

Sweden

Stock or group of stocks

COD/03AS.

Species

Cod (Gadus Morhua)

Gadus Morhua

Zone

Kattegat

Type(s) of fishing vessels

—

Reference number

79/TQ43

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
## ^mRTMENTO F ."ANSPORTATfON SERVE D AUGUS T 26,201 0 ''^^ ^ OPERATION S i m m2 1 A 9:2 9 U.S . DEPARTMEN T O FTRANSPORTATIO N

OFFIC E O FHEARING S WASHINGTON , D C IN TH E MATTERO F DONN A R . DEVANE Y FA A DOCKE T NO . CPlOWPOO l 1 (Civi l Penalty Action ) DM S NO . FAA-2010-078 5 NOTIC E O FASSIGNMEN T O FPROCEEDIN G Thi s proceedin g (heretofore designate da s Cas e No . 2010WP250031 ) ha s bee n assigne dt o Administrativ e Lavk

? Judg e Richar dC . Goodwin . Al l future pleading s an dothe r communication s regardin g thi s proceedin g shal l b e serve do n th e Judge , th e FA A Hearin g Docket , an dth e othe r person s o n th e attache dServic e List .

Ronnie A . Yod ( Chie f Administrativ e Attachmen t

- Servic e Lis tFA A Docke t No . CPlOWPOO l 1 (Civi l Penalty Action ) SERVIC E LIS T ORIGINA L & ON E COP Y Federal Aviatio n Administratio n 80 0 Independenc e Avenue , S.W . Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-43 0 Wilbu r Wrigh t Buildin g - Suit e 2W1000 '

ON E COP Y Donn aR . Devaney , Responden t 21 2 Steeplebroo k

Dr . Sprin g Branch , T X 7807 0 TEL : 830-885-579 7 AdamRunkel , Complainant' s Counse l Offic e o f th e Regiona l Counse l Western-Pacifi c Region , AWP-7.1 2 Federal Aviatio n Administratio n P.O . Bo x 9200 7 Lo s Angeles , C A 90009-200 7 TEL : 310-725-714 2 FAX : 310-725-681 6 Th e Honorabl e Richar dC . Goodwin , Administrativ e Law Judg e Offic e o f Hearings , M-2 0 U.S . Departmen t

o f Transportatio n 120 0 New Jerse y Avenue , S.E . Eas t Buildin g Groun dFloor , Roo mEl2-32 0 Washington , DC^059 0 TEL : Attorney-Adviso r 202-366-213 9 Legal Assistan t

202-366-512 1 FAX : 202-366-753 6

' Service was b

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r servic e i n person o r b y expeditedcourier , us e the followin g address : Hearin g Docket, Federa

l Aviation Administration , 600 Independenc e Avenue , S . W. , Wilbu r Wrigh t Building - Roo

m 2014 , Washington , D

C 20591 , Attention : Hearing Docke t Clerk, AGC-430 .
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2971 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2971

  To permit the recovery of certain overpayments of tax on disability 
           payments received on severance from the military.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 1993

Mr. McCloskey (for himself, Mr. Jacobs, and Mr. Darden) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To permit the recovery of certain overpayments of tax on disability 
           payments received on severance from the military.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TREATMENT OF CERTAIN DISABILITY SEVERANCE PAYMENTS.

    (a) Waiver of Statute of Limitations.--If--
            (1) an individual included nontaxable military disability 
        severance payments in gross income for any taxable year, and
             (2) on the date of the enactment of this Act or at any 
        time during the 1-year period beginning on such date of 
        enactment, credit or refund of any overpayment attributable to 
        such inclusion is barred by any law or rule of law (including 
        res judicata),
credit or refund of such overpayment shall, nevertheless, be allowed or 
made if claim therefor is filed before the date 1 year after the date 
of the enactment of this Act.
    (b) Special Rules.--The provisions of subsection (a) shall also 
permit the Secretary of the Treasury or his delegate to credit or 
refund any overpayment referred to in subsection (a) during the 1-year 
period referred to in subsection (a) without any claim being filed 
therefor. To the maximum extent possible, the Secretary shall allow or 
make such credits or refunds without waiting for claims to be filed.
    (c) Nontaxable Military Disability Severance Payment.--For purposes 
of this section, the term ``nontaxable military disability severance 
payment'' means any lump-sum severance payment which--
            (1) was received on account of personal injuries or 
        sickness resulting from active service in the Armed Forces of 
        the United States, and
            (2) is excludable from gross income under section 104 of 
        the Internal Revenue Code of 1986.

                                 <all>
```
<PAGE>

                                                                    Exhibit 99.1

                Certification Pursuant to 18 U.S.C. Section 1350
      As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

     The undersigned hereby certifies, pursuant to 18 U.S.C. section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Quarterly Report on Form 10-Q for Central Parking Corporation ("Issuer") for the
period ending December 31, 2002, as filed with the Securities and Exchange
Commission on the date hereof (the Report):

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

     (b) the information contained in the Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Issuer.

This Certification is executed as of February 17, 2003.

                                     /s/ WILLIAM J. VARESCHI, JR.
                                         ---------------------------
                                         William J. Vareschi, Jr.
                                         Vice Chairman, Chief Executive Officer
                                         and Acting Chief Financial Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                       8,563,375
<SECURITIES>                                         0
<RECEIVABLES>                               26,326,182
<ALLOWANCES>                                 1,700,000
<INVENTORY>                                 37,077,909
<CURRENT-ASSETS>                            71,549,930
<PP&E>                                      42,159,925
<DEPRECIATION>                              15,319,126
<TOTAL-ASSETS>                             113,123,993
<CURRENT-LIABILITIES>                       31,108,463
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,588,544
<OTHER-SE>                                  31,432,691
<TOTAL-LIABILITY-AND-EQUITY>               113,123,993
<SALES>                                    212,047,952
<TOTAL-REVENUES>                           212,047,952
<CGS>                                       88,437,543
<TOTAL-COSTS>                              196,640,750
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           3,830,954
<INCOME-PRETAX>                             11,905,713
<INCOME-TAX>                                 4,881,000
<INCOME-CONTINUING>                          7,024,713
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 7,024,713
<EPS-PRIMARY>                                     1.45
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 32.01    CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  In connection with the Quarterly Report of Norman Cay Development, Inc. (the Company) on Form 10-Q for the period ending January 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Shelley Guidarelli, Chief Executive Officer and Chief Financial 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, 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 result of operations of the Company.      /s/ Shelley Guidarelli By: Shelley Guidarelli Chief Executive Officer and Chief Financial Officer  Dated: March 17, 2011  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 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.