alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N OTE : This o rder is non precedential.


# United States **Court of Appeals**  **for the Federal Circuit**

______________________
DAVID D. EVERIST,

Plaintiff

- Appellant,

v.

DEPARTMENT OF AGRICU LTURE FOREST SERVICE, DONNA MICKL EY, SECRETARY OF THE INTERIOR, DAYNE BARRON, ATTORNEY GENERAL OF U.S., AND DOUGLAS FONG, Defendants

- Appellees,

AND

CITY OF MEDFORD, ORE GON, MARK D. CLARKE,

JANE DOE, JOHN DOE, AND OWEN M. PANNER, Defendants

.

______________________

2014

- 1358

______________________
Appeal from the United States District Court for the District of Oregon in No. 1:14

- cv

- 00199

- CL, Magistrate Judge Mark D. Clark.

______________________

P ER C URIAM

.

O R D E R Case: 14-1358 Document: 25 Page: 1 Filed: 08/05/2014EVERIST v. AGRICULTURE 2

In light of David D. Everist’s response to this court’s show cause order, w e consider whether this appeal should be transferred pursuant to 28 U.S.C. § 1631

. Everist appeals a decision from the United States District Court for the District of Oregon that dismissed his compla int appearing to allege violations under the Federal Land Policy Mana gement Act and Executive Order No. 12630

. While this court’s jurisdiction extends to Little Tucker Act claims for no more than $10,000, see 28 U.S.C. § 1295(a)(2 ), here to the extent tha t Everist’s complaint can be read as raising such a claim, it appears that he asked for more than the threshold amount

. Because this case does not fall within our jurisdiction, the court will transfer the matter to the United States Court of Appeals for t he Ninth Circuit.

Accordingly

, I T I S O RDERED T HAT : (1) The appeal is transferred to the United States Court of Appeals for the Ninth Circuit pursuant to 28 U.S.C. § 1631.
(2 ) All other pending motions are transferred to the Ninth Circuit

.

F OR THE C OURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

s24 Case: 14-1358 Document: 25 Page: 2 Filed: 08/05/2014
# C_2014443EN.01000601.xml

| 11.12.2014 | EN | Official Journal of the European Union | C 443/6 |
| --- | --- | --- | --- |

11.12.2014

EN

Official Journal of the European Union

C 443/6

---

Commission communication in the framework of the implementation of Directive 2004/22/EC of the European Parliament and of the Council on measuring instruments (1)

1

(Withdrawal of the publication of the references to normative documents drawn up by OIML and the list of the parts thereof corresponding to the essential requirements)

(Text with EEA relevance)

(2014/C 443/02)

The publication of the reference concerning taximeters (MI-007) in relation to OIML R21, edition 2007 (2), is withdrawn as of 180 days after the date of this publication. EC type examination certificates issued on the basis of this normative document before its withdrawal remain valid until the end of their validity without any restriction on the placing on the market or the putting into use of instruments of this type.

2

---

(1)  OJ L 135, 30.4.2004, p. 1.

1

(2)  OJ C 268, 10.11.2009, p. 1.

2

---
# Fourth Court of Appeals

San Antonio, Texas

September 8, 2014

N o. 04

- 14

- 00396

- CV

IN THE INTEREST OF H.A.G., A CHILD

,

From the 131st Judicial District Court, Bexar County, Texas

Trial Court No. 2012

- PA

- 02990 Honorable Olin B. Strauss, Judge Presiding



### O R D E R

Appellee's motion for extension of time to file brief is hereby GRANTED. Time is extended to September 12, 2014.

_________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 8th day of September, 2014

.

___________________________________ Keith E. Hottle

Clerk of Court
# C_2015348EN.01000601.xml

| 21.10.2015 | EN | Official Journal of the European Union | C 348/6 |
| --- | --- | --- | --- |

21.10.2015

EN

Official Journal of the European Union

C 348/6

---

Information communicated by Member States regarding closure of fisheries

(2015/C 348/10)

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 | 19.9.2015 |
| --- | --- |
| Duration | 19.9 – 31.12.2015 |
| Member State | Belgium |
| Stock or Group of stocks | SRX/89-C. |
| Species | Skates and rays (Rajiformes) |
| Zone | Union waters of VIII and IX |
| Type(s) of fishing vessels | — |
| Reference number | 47/TQ104 |

Date and time of closure

19.9.2015

Duration

19.9 – 31.12.2015

Member State

Belgium

Stock or Group of stocks

SRX/89-C.

Species

Skates and rays (Rajiformes)

Rajiformes

Zone

Union waters of VIII and IX

Type(s) of fishing vessels

—

Reference number

47/TQ104

---

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

1

---
#### Perfecto MARTINEZ, Appellant, v. The STATE of Florida, Appellee.

No. 71-1316.

District Court of Appeal of Florida, Third District.

Sept. 19, 1972.

Melvyn Kessler, Miami, for appellant.

Robert L. Shevin, Atty. Gen., J. Robert Olian, Asst. Atty. Gen., and William L. Rogers, Legal Intern, for appellee.

Before BARKDULL, C. J., and PEARSON and HENDRY, JJ.

*393PER CURIAM.

By this appeal we are called upon to review the propriety of a conviction and sentence [eighteen months in the State penitentiary and five years’ probation], entered after a nolo contendere plea to certain charges alleging a violation of the narcotics laws of this State.

We have examined the points on appeal raised by the appellant and find them to be without merit. However, the court, sua sponte, notes that a portion of the sentence, placing the appellant on probation, is an illegal sentence [Robinson v. State, Fla.App.1972, 256 So.2d 390] and said sentence be and the same is hereby modified by striking the illegal portion relating to the probation therefrom. As modified, the judgment of conviction and sentence be and the same is hereby affirmed.

Affirmed as modified.
Exhibit 32.2

CERTIFICATION

I, Marc E. Rothman, Chief Financial Officer, Motorola Mobility Holdings, Inc., certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(Section 906), that, to my knowledge:



| | (1) | the quarterly report on Form 10-Q for the period ended April 2, 2011 (the Quarterly Report), which this statement accompanies fully complies with
the requirements of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | the information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of Motorola Mobility
Holdings, Inc.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

This certificate is being furnished solely for purposes of Section 906.

Date: April 29, 2011



/s/ MARC E. ROTHMANMarc E. Rothman Chief
Financial Officer Motorola Mobility Holdings, Inc.
Exhibit 31.2

CERTIFICATION OF THE CHIEF FINANCIAL OFFICER

PURSUANT TO

SECURITIES
EXCHANGE ACT RULES 13A-14(A) AND 15D-14(A)

I, Leone Patterson, certify that:



|1. | I have reviewed this Amendment No. 1 to Quarterly Report on Form 10-Q of Adverum Biotechnologies, Inc. (formerly Avalanche Biotechnologies, Inc.);
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------



|2. | Based on my knowledge, this report does not contain any untrue statement of a material 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: April 5, 2017



|                                                                    
|--------------------------------------------------------------------
|/s/ Leone Patterson                                                 
|Leone Patterson                                                     
|Chief Financial Officer
(principal financial and accounting officer)
RENT-2013.12.31-EX10.2






EXHIBIT 10.2


AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT


This Amendment No. 2 to Employment Agreement (this "Amendment") is entered into as of October 1, 2013, between DAVID I. CHEMEROW ("Executive") and RENTRAK CORPORATION, an Oregon corporation ("Corporation").
WHEREAS, Executive and Corporation are parties to an Amended and Restated Employment Agreement dated as of October 15, 2009, and amended as of November 6, 2011 (the "Agreement");
WHEREAS, Executive and Corporation desire to enter into this Amendment in order to provide more flexibility to the Compensation Committee of the Board of Directors of the Corporation in determining Executive's bonus compensation.
NOW, THEREFORE, in consideration of the mutual agreements contained herein and for other valuable consideration, the parties hereby agree as follows:
1.    Term.  Section 2.2 of the Agreement is amended and restated in its entirety to read as follows:
" 2.2 Bonus Compensation. For each fiscal year in the Term, Executive will be eligible for an annual bonus with a target amount of $200,000 payable in cash within 60 days following the end of each fiscal year based on the achievement of performance measures approved by the Compensation Committee of the Board. The Compensation Committee, after receiving input from Executive, will determine the extent, if any, to which the applicable performance measures for a given period or fiscal year have been achieved in its sole discretion."
2.    General.  Except as specifically amended hereby, the Agreement shall continue in force and effect under its existing terms.
The parties have executed this Amendment as of the date stated above.
	
					
	 
	 
	RENTRAK CORPORATION
	 

	 
	 
	 
	 
	 

	/s/ David I. Chemerow
	 
	By:
	/s/ Bill Livek
	 

	David I. Chemerow
	 
	Name:
	Bill Livek
	 

	 
	 
	Its:
	Vice Chairman and CEO
<PAGE>


                                                                      EXHIBIT 23


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS



As independent public accountants, we hereby consent to the incorporation of
our report included in this Form 10-K into the Company's previously filed
Registration Statement File Nos. 033-63359, 333-64977 and 333-66419.

                                              /s/ Arthur Andersen LLP
                                            ------------------------------------
                                             ARTHUR ANDERSEN LLP



Minneapolis, Minnesota,
 September 28, 2000





                      (THIS SPACE INTENTIONALLY LEFT BLANK)






















                                                                             28
10 K 12.31.2013 Exhibit 10.8






Exhibit 10.8
	
	
	 

	First Amendment

	to the

	BorgWarner Inc.

	Amended and Restated 2004 Stock Incentive Plan

	(as amended and restated effective April 29, 2009)














The BorgWarner Inc. Amended and Restated 2004 Stock Incentive Plan is hereby amended as follows:


1.  Section 6(o) of the Plan is amended in its entirety so that as amended, Section 6(o) shall read as follows:


“(o)  In addition to the authority conferred upon it by Sections 6(f), 6(g), 6(h) and 6(i) hereof, and notwithstanding any limitations on Stock Option exercise periods contained in said sections, but subject to Section 6(b) hereof, the Committee shall have the authority to establish (in the case of a newly granted Stock Option) or extend (in the case of an outstanding Stock Option) the exercise period of any Stock Option beyond the limitations provided in said sections; provided however, that subsequent to its grant, the exercise period of an outstanding Stock Option shall not be extended to a date that is later than the earlier of (i) the date on which the Option would expire by its original terms or (ii) the 10th anniversary of the original date of the grant."


2.  The second sentence of Section 7(d)(i) of the Plan is amended in its entirety so that as amended, the second sentence of Section 7(d)(i) shall read as follows:


“Tandem Stock Appreciation Rights shall be exercisable only at such time or times and to the extent that the Stock Options to which they relate are exercisable in accordance with the provisions of Section 6 (including any extensions) and this Section 7.”


3.  Section 16(e) of the Plan is amended in its entirely so that as amended, Section 16(e) shall read as follows:


“(e) No later than the date as of which an amount first becomes includible in the gross income of the participant for Federal income tax purposes with respect to any Award under the Plan, the participant shall pay to the Company, or make arrangements satisfactory to the Company regarding the payment of, any Federal, state, local or foreign taxes of any kind required by law to be withheld with respect to such amount.  With the advance consent of the Company, withholding obligations may be settled with Stock, including Stock that is part of the Award that gives rise to the withholding requirement. The Company shall have the right to determine the manner in which the withholding obligations relating to an award shall be satisfied and the Company can require that any such withholding obligations be settled by the Company retaining Stock or cash that is part of the Award that gives rise to the withholding obligation. The obligations of the Company under the Plan shall be conditional on such payment or arrangements, and the Company, its subsidiaries and its Affiliates shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the participant.  The Committee may establish such procedures as it deems appropriate, including the making of irrevocable elections, for the settlement of withholding obligations with Stock.”



1
Document Headings

                    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.                  

###### Securities and Exchange Commission

# TIME AND DATE:

 2:00 p.m. on Thursday, August 23, 2018.

# PLACE: 

Closed Commission Hearing Room 10800.

# STATUS:

 This meeting will be closed to the public.

# MATTERS TO BE CONSIDERED:

 Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters also may be present.

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), permit consideration of the scheduled matters at the closed meeting.

Commissioner Peirce, as duty officer, voted to consider the items listed for the closed meeting in closed session.

The subject matters of the closed meeting will be:

Institution and settlement of injunctive actions;

Institution and settlement of administrative proceedings; and

Other matters relating to enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting items.

# CONTACT PERSON FOR MORE INFORMATION:

 For further information and to ascertain what, if any, matters have been added, deleted or postponed; please contact Brent J. Fields from the Office of the Secretary at (202) 551-5400.

Dated: August 16, 2018.

Jill M. Peterson,

Assistant Secretary.

[FR Doc. 2018-18069 Filed 8-17-18; 11:15 am]

 BILLING CODE 8011-01-P
#### Johnnie PUGH, Appellant, v. The STATE of Florida, Appellee.

No. 70-257.

District Court of Appeal of Florida, Third District.

Dec. 1, 1970.

PER CURIAM.

Affirmed.
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Notices]
[Page 42715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18226]


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

POSTAL SERVICE


Product Change--Priority Mail and First-Class Package Service 
Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: August 23, 2018.

FOR FURTHER INFORMATION CONTACT: Elizabeth Reed, 202-268-3179.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
August 20, 2018, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail & First-Class Package Service Contract 86 
to Competitive Product List. Documents are available at www.prc.gov, 
Docket Nos. MC2018-211, CP2018-293.

Elizabeth Reed,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2018-18226 Filed 8-22-18; 8:45 am]
BILLING CODE 7710-12-P
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
The DTE Energy Company and Subsidiary Companies Schedule contains summary
financial information extracted from the Consolidated Statement of Income,
Balance Sheet, Statement of Cash Flows, Statement of Common Shareholders' Equity
and Primary and Fully Diluted Earnings per Share of Common Stock and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK> 0000936340
<NAME> DTE ENERGY
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    8,518,402
<OTHER-PROPERTY-AND-INVEST>                    453,146
<TOTAL-CURRENT-ASSETS>                         835,503
<TOTAL-DEFERRED-CHARGES>                     1,323,540
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                              11,130,591
<COMMON>                                     1,951,437
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                          1,484,871
<TOTAL-COMMON-STOCKHOLDERS-EQ>               3,436,308
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    326,604
<LONG-TERM-DEBT-NET>                         3,756,094
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                  36,990
<LONG-TERM-DEBT-CURRENT-PORT>                  119,214
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                    128,362
<LEASES-CURRENT>                               154,307
<OTHER-ITEMS-CAPITAL-AND-LIAB>               3,172,712
<TOT-CAPITALIZATION-AND-LIAB>               11,130,591
<GROSS-OPERATING-REVENUE>                    3,635,544
<INCOME-TAX-EXPENSE>                           289,687
<OTHER-OPERATING-EXPENSES>                   2,606,535
<TOTAL-OPERATING-EXPENSES>                   2,896,222
<OPERATING-INCOME-LOSS>                        739,322
<OTHER-INCOME-NET>                             (11,363)
<INCOME-BEFORE-INTEREST-EXPEN>                 727,959
<TOTAL-INTEREST-EXPENSE>                       294,308
<NET-INCOME>                                   405,914
<PREFERRED-STOCK-DIVIDENDS>                     27,737
<EARNINGS-AVAILABLE-FOR-COMM>                        0
<COMMON-STOCK-DIVIDENDS>                       298,635
<TOTAL-INTEREST-ON-BONDS>                      275,599
<CASH-FLOW-OPERATIONS>                         912,943
<EPS-PRIMARY>                                     2.80
<EPS-DILUTED>                                     2.80
        

</TABLE>