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

                                                                   Exhibit 10.19

December 21, 2006

Mr. Charles S. Exon, Esq.
Quiksilver, Inc.
15202 Graham Street
Huntington Beach, California
92649

     RE: AMENDMENT TO EMPLOYMENT AGREEMENT

Dear Charlie:

Reference is made to your Employment Agreement ("Agreement") dated May 25, 2005
by and between Quiksilver, Inc. ("Quiksilver") and you. Capitalized terms used
in this letter and not defined herein shall have the meaning ascribed to them in
the Agreement.

This letter amends the Agreement as follows:

1.   The parties agree to add clause 9(e) to the Agreement as follows:

"(e) Notwithstanding the foregoing, to the extent the Company reasonably
determines that any payment or benefit under this Agreement is subject to
Section 409A of the U.S. Internal Revenue Code, such payment or benefit shall be
made at such times and in such forms as the Company reasonably determines are
required to comply with Code Section 409A (including, without limitation, in the
case of a "specified employee" within the meaning of Code Section 409A, any
payments that would otherwise be made during the six-month period following
separation of service will be paid in a lump sum after the end of the six-month
period) and the Treasury Regulations and the transitional relief thereunder;
provided, however, that in no event will the Company be required to provide you
with any additional payment or benefit in the event that any of your payments or
benefits trigger additional income tax under Code Section 409A or in the event
that the Company changes the time or form of your payments or benefits in
accordance with this paragraph."

Except as expressly amended by this letter, the terms, conditions, covenants and
agreements contained in the Agreement remain unaffected by this letter and
continue in full force and effect. This letter is intended by the parties to
satisfy the requirement in clause 13 of the Agreement that any modification or
amendment to the Agreement be in writing and signed by both parties. Further,
this letter and the Agreement constitute the entire agreement between the
parties with respect to the subject matter set forth herein and therein and
supercede all other agreements, proposals, oral or written statements. Please
confirm your agreement by signing and returning one copy of this letter to the
undersigned, whereupon this letter will become a binding agreement between the
parties.

Very truly yours,


By:
    ---------------------------------
Name: Bernard Mariette
Title: President

Accepted and agreed to this ____ day of ____________, 2006


By:
    ---------------------------------
Name: Charles S. Exon, Esq.
Title: Secretary and General Counsel
       Executive Vice President
       Business and Legal Affairs -
       International
Exhibit 31.1

CERTIFICATIONS

I,
Paul J.B. Murphy, III, certify that:

1.     I
have reviewed this annual report on Form 10-K of New World Restaurant Group, 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;

3.     Based
on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.     The
registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



5.     The
registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



|Dated: March 26, 2004 |  | By:                                                                                |  | 
|--------------------- |  | ---------------------------------------------------------------------------------- |  | 
|                      |  | /s/PAUL J.B. MURPHY, IIIPaul J.B. Murphy, III Chairman and Chief
Executive Officer

---

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<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM WORLD
AIRWAYS, INC. FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           7,028
<SECURITIES>                                         0
<RECEIVABLES>                                   19,840
<ALLOWANCES>                                       413
<INVENTORY>                                          0
<CURRENT-ASSETS>                                44,425
<PP&E>                                          83,555
<DEPRECIATION>                                  18,553
<TOTAL-ASSETS>                                 131,491
<CURRENT-LIABILITIES>                           73,981
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<TOTAL-LIABILITY-AND-EQUITY>                   131,491
<SALES>                                              0
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<INTEREST-EXPENSE>                               3,529
<INCOME-PRETAX>                                 19,032
<INCOME-TAX>                                       679
<INCOME-CONTINUING>                             18,353
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<EXTRAORDINARY>                                      0
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<EPS-PRIMARY>                                    (1.19)
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</TABLE>
May 10, 2010

N3615 (2350)

Terry L. O’Clair, P.E., Director Division of Air Quality North Dakota Department of Health
Environmental Health Section 918 E. Divide Ave., 2 nd Floor Bismarck, North Dakota 58501-1947

Dear Mr. O’Clair:

As requested in your recent Public Notice, th e National Park Service (NPS) is submitting the enclosed comments regarding the propos ed Best Available Control Technology (BACT) determinations for the Milton R. Young Station (MRYS) near Center, North
Dakota. MRYS is located within 300 km of two Class I areas, Lostwood National Wildlife Refuge administered by the U.S. Fish & Wildlife Service and Theodore Roosevelt National Park administered by the NPS. Our comments include appendices regarding baseline emissions a nd costs of adding Selective Catalytic Reduction (SCR) at MRYS. We conclude that SCR is technically and economically feas ible at MRYS and
should be determined to be BACT for that facility, thereby mini mizing the impacts of
MEYS at these Class I areas.

We look forward to working with the North Dakota Department of Health and with EPA as this process advances. We believe that good communication and sharing of information will help expedite this process, and suggest that you contact Don Shepherd of my staff ( don_shepherd@nps.gov , 303-969-2075) if you ha ve any questions or

comments.

Sincerely,

John Bunyak Chief, Policy, Planning and Permit Review Branch

Enclosures2

cc: Callie Videtich Air Technical Assistance Unit (8P-AR) U.S. EPA Region V-III
999 18 th St., Suite 300 Denver, Colorado 80202-2466

bcc:
WASO: Julie McNamee
MWR: David Pohlman THRO: Supt. AQB-DEN: Tim Allen ARD-DEN: Chris Shaver, Permit Revi ew Group, Reading and Project File ARD-DEN:DShepherd:ds:5/10/10:x2075: MR Young Station BACT.Ltr.doc
II 

111TH CONGRESS 

1ST SESSION S. 214 

To amend title XXI of the Social Security Act to permit qualifying States 

to use their allotments under the State Children’s Health Insurance 

Program for any fiscal year for certain Medicaid expenditures. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 12, 2009 

Mr. BINGAMAN (for himself, Mr. LEAHY, Mr. LIEBERMAN, and Mr. CARDIN) 

introduced the following bill; which was read twice and referred to the 

Committee on Finance 

A BILL 

To amend title XXI of the Social Security Act to permit 

qualifying States to use their allotments under the State 

Children’s Health Insurance Program for any fiscal year 

for certain Medicaid expenditures. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Children’s Health Eq5 uity Technical Amendments Act of 2009’’. 


rfrederick on PROD1PC67 with BILLS
2 

•S 214 IS

1 SEC. 2. AUTHORITY FOR QUALIFYING STATES TO USE CHIP 

2 ALLOTMENT FOR ANY FISCAL YEAR FOR CER3 TAIN MEDICAID EXPENDITURES. 

4 (a) ELIMINATION OF FISCAL YEAR AND PERCENT5 AGE LIMITATIONS.— 

6 (1) IN GENERAL.—Section 2105(g)(1)(A) of the 

7 Social Security Act (42 U.S.C. 1397ee(g)(1)(A)), as 

8 amended by section 201(b)(1) of the Medicare, Med9 icaid, and SCHIP Extension Act of 2007 (Public 

10 Law 110–173), is amended by striking ‘‘not more 

11 than 20 percent of any allotment under section 2104 

12 for fiscal year 1998, 1999, 2000, 2001, 2004, 2005, 

13 2006, 2007, 2008, or 2009’’ and inserting ‘‘a fiscal 

14 year allotment under section 2104’’. 

15 (2) CONFORMING AMENDMENT.—Effective as if 

16 included in the enactment of section 201(b) of the 

17 Medicare, Medicaid, and SCHIP Extension Act of 

18 2007 (Public Law 110–173), paragraph (2) of that 

19 section is repealed. 

20 (b) MODIFICATION OF ALLOWABLE EXPENDI21 TURES.—Section 2105(g)(1)(B)(ii) of such Act (42 U.S.C. 

22 1397ee(g)(1)(B)(ii)) is amended by striking ‘‘150’’ and in23 serting ‘‘125’’. 


rfrederick on PROD1PC67 with BILLS
3 

•S 214 IS

1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2008, and shall 

3 apply to expenditures made on or after that date. 

Æ 


rfrederick on PROD1PC67 with BILLS
NUMBERS 13-13-00364-CR & 13-13-00365-CR &13-13-366-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

DONNIE LEE WARD, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the Criminal District Court No. 7

of Dallas County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Perkes

Memorandum Opinion Per Curiam

Appellant, Donnie Lee Ward, attempts to appeal a conviction for obstructing 

government operations arising from cause number F-1142518-Y, docketed in our Court 

as cause number 13-13-00364-CR; a conviction for tampering with physical evidence 

arising from trial court cause number F-1142519-Y, docketed in our Court as cause 

number 13-13-00365-CR; and a conviction for possession of a controlled substance 

arising from trial court cause number F-1240754-Y, docketed in our Court as cause 
2

number 13-13-00366-CR.1In each of these cases, the trial court has certified this “is a 

plea-bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 

25.2(a)(2).

On July 22, 2013, this Court notified appellant’s counsel of the trial court’s 

certifications and ordered counsel to: (1) review the records; (2) determine whether 

appellant has a right to appeal in either cause; and (3) forward to this Court, by letter, 

counsel’s findings as to whether appellant has a right to appeal, or, alternatively, advise 

this Court as to the existence of any amended certifications.

On August 12, 2013, counsel filed a letter brief with this Court for each of these 

causes. Counsel’s response does not establish: (1) that the certifications currently on 

file with this Court are incorrect, or (2) that appellant otherwise has a right to appeal in 

either cause. 

The Texas Rules of Appellate Procedure provide that an appeal must be 

dismissed if the trial court’s certification does not show that the defendant has the right 

of appeal. TEX. R. APP. P. 25.2(d); see TEX. R. APP. P. 37.1, 44.3, 44.4. Accordingly, 

these appeals are DISMISSED. Any pending motions are denied as moot.

PER CURIAM

Do not publish. 

TEX. R. APP. P. 47.2(b).

Delivered and filed the 5th

day of September, 2013. 

 

1

These cases are before the Court on transfer from the Fifth Court of Appeals in Dallas pursuant to a 

docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 

(West 2005).
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-30110

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CHESTER CHERAMIE,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 93-CR-229-ALL-J

USDC No. 97-CV-1164

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

August 28, 2000

Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges. 

PER CURIAM:*

Chester Cheramie, federal prisoner # 17581-034, appeals the

district court’s denial of his petition for a writ of error coram

nobis. Cheramie argues that at resentencing, the district court

erroneously used his prior conspiracy convictions to enhance his

sentence in conflict with this court’s decision on direct appeal. 

Cheramie is not entitled to coram nobis relief because he is

still in custody. See United States v. Castro, 26 F.3d 557, 559

(5th Cir. 1994). Further, Cheramie could have raised this issue
No. 00-30110 

-2-

in a direct appeal after resentencing, but failed to do so. The

writ of coram nobis may not be used as a substitute for appeal. 

See United States v. Dyer, 136 F.3d 417, 422 (5th Cir. 1998).

Motion for COA DENIED as MOOT. AFFIRMED.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50524

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

DAVID RAY MILLER

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:05-CR-1958-ALL

Before JOLLY, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent David Ray Miller has moved for leave

to withdraw and has filed a brief in accordance with Anders v. California, 386

U.S. 738 (1967). Miller has not filed a response. Our independent review of the

record and counsel’s brief discloses no nonfrivolous issue for appeal.

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is

excused from further responsibilities herein, and the APPEAL IS DISMISSED.

See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

October 25, 2007

Charles R. Fulbruge III

Clerk
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-7524

RAYVERN EARL GREEN,

Plaintiff - Appellant,

v.

WARDEN M. MCCALL; MICHAEL MCCALL; A. J. PADULA, Warden,

Defendants - Appellees.

Appeal from the United States District Court for the District of 

South Carolina, at Greenville. J. Michelle Childs, District 

Judge. (6:13-cv-02486-JMC)

Submitted: February 25, 2015 Decided: March 2, 2015

Before NIEMEYER, KING, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rayvern Earl Green, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Rayvern Earl Green seeks to appeal the district 

court’s order accepting the magistrate judge’s recommendation to 

dismiss his 42 U.S.C. § 1983 (2012) action against Defendants. 

Green has also filed an application to proceed in forma pauperis 

and a motion for a copy of Lee Correctional Institution’s log 

books. We deny Green’s application to proceed in forma pauperis

and his motion for a copy of Lee Correctional Institution’s log 

books, and we dismiss the appeal for lack of jurisdiction.

Parties are accorded thirty days after the entry of 

the district court’s final judgment or order to note an appeal, 

Fed. R. App. P. 4(a)(1)(A), unless the district court extends 

the appeal period under Fed. R. App. P. 4(a)(5), or reopens the 

appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely 

filing of a notice of appeal in a civil case is a jurisdictional 

requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007).

The district court’s judgment was entered on the 

docket on January 13, 2014. Green did not file his notice of 

appeal until October 13, 2014.*

 Accordingly, Green’s notice of 

appeal is untimely. Because Green failed to file a timely 

notice of appeal or obtain an extension or reopening of the

appeal period, we deny his application for in forma pauperis 

 *

 Houston v. Lack, 487 U.S. 266, 270 (1988).
3

status and dismiss the appeal for lack of jurisdiction. We also 

deny Green’s motion for a copy of Lee Correctional Institution’s 

log books. 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
---

Exhibit 32.1

CERTIFICATION PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

The undersigned, Rahim Rayani, Chief Executive Officer and
Chief Financial Officer of Force Energy Corp. (the Company) hereby certifies
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

| | (1) | the Quarterly Report on Form 10-Q of the Company for the
      quarter ended May 31, 2010 (the Report) fully complies with the
      requirements of Section 13(a) or Section 15(d), as applicable, of the
      Securities Exchange Act of 1934, as amended; and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |     |                                                                                                                                                                                                                                                                    
| | (2) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                   



|Dated: July 14, 2010 | /s/
      Rahim Rayani                                          
|-------------------- | ----------------------------------------------------------------
|                     | Rahim Rayani                                                    
|                     | Chief Executive Officer and Chief Financial
      Officer,      
|                     | (Principal Executive Officer, Principal
      Accounting Officer
|                     | and Principal Financial 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 Force Energy
Corp. and will be retained by Force Energy Corp. and furnished to the Securities
and Exchange Commission or its staff upon request.

---
EXHIBIT 21
 MEADOWBROOK INSURANCE GROUP, INC.
LIST OF SUBSIDIARIES
 Meadowbrook Insurance Group, Inc.Meadowbrook, Inc.
    
    Star Insurance Company
    
    Crest Financial Corporation
    
    ProCentury Corpoaration
    
    Meadowbrook Capital Trust IMeadowbrook Intermediaries, Inc.
    
    Savers Property and Casualty Insurance Company
    
    American Highway Carriers Association
    
    ProCentury Risk Partners Insurance Co.
    
    Meadowbrook Capital Trust IIMeadowbrook of Nevada, Inc.
    
    Ameritrust Insurance Corporation
    
    Liberty Premium Finance, Inc.
    
    Enstar Underwriters Inc.Meadowbrook Insurance Agency, Inc.
    
    Williamsburg National Insurance Company
    
    Interline Insurance Services, Inc.
    
    Century Surety CompanyMarketPlus Insurance Agency, Inc.
    
    American Indemnity Insurance Company, Ltd.
    
    Commercial Carriers Insurance Agency, Inc.
    
    ProCentury Insurance CompanyMeadowbrook Risk Management, Limited
(Bermuda)
    
    
    
    
    
    CSC Insurance Agency, Inc.Florida Preferred Administrators, Inc.Meadowbrook of Florida, Inc.Meadowbrook Insurance, Inc.Preferred Insurance Agency, Inc.Preferred Comp Insurance Agency of
New Hampshire, Inc.TPA Insurance Agency, Inc.TPA Insurance Agency of New Hampshire, Inc.Meadowbrook of Canada, Ltd.Medical Professional Liability Risk Purchasing Group, Inc.
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