alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS, LLC d/b/a BRAZOS 

LICENSING AND DEVELOPMENT,

Plaintiff,

v.

DELL TECHNOLOGIES INC., DELL INC., 

AND EMC CORPORATION, 

Defendants.

Case No. 6:20-cv-00479-ADA

JURY TRIAL DEMANDED

LETTER OF REQUEST FOR FOREIGN DISCOVERY
1

Defendants Dell Technologies Inc., Dell Inc., and EMC Corporation, (collectively 

“Defendants”) seek foreign discovery from third party witnesses residing in Finland. Defendants 

have attached an Appendix with a Letter of Request which includes Document Requests and

Deposition Topics. Defendants respectfully request that the Court execute the Letter of Request

attached as Appendix D. Defendants further request that, after the Court has signed the Letter of 

Request, the Clerk of this Court authenticate the Court’s signature under the seal of this Court, and 

return the original signed and sealed executed Letter, and two certified copies of the signed and 

sealed executed Letters, to Defendants’ counsel, Barry K. Shelton, for delivery to the proper 

authority.

Plaintiff, WSOU Investments, LLC d/b/a Brazos Licensing and Development, indicated 

that it reserves the right to serve its own foreign discovery in the future.

Dated: November 6, 2020 By: /s/ Barry K. Shelton

Barry K. Shelton

Texas State Bar No. 24055029

bshelton@sheltoncoburn.com

SHELTON COBURN LLP

311 RR 620, Ste. 205

Austin, TX 78734-4775 

Telephone: 512.263.2165

Facsimile: 512.263.2166 

Attorneys for Defendants
2

CERTIFICATE OF SERVICE

The undersigned certifies that on November 6, 2020, all counsel of record who are deemed 

to have consented to electronic service are being served with a copy of this document through the 

Court’s CM/ECF system under Local Rule CV-5(b)(1). 

/s/ Barry K. Shelton

Barry K. Shelton
Exhibit 10.29

                                [STORAGETEK LOGO]


August 28, 2002



PRIVATE AND CONFIDENTIAL

Mr. Pierre I. Cousin
2439 Targhee Point
Lafayette, CO 80026

Dear Mr. Cousin:

As you know the Letter Agreement we entered into with you regarding your
employment arrangement with Storage Technology Corporation (the "Company"),
dated July 31, 2001, will terminate effective August 31, 2002, unless extended
by the Company pursuant to Section 4 of the Letter Agreement.

This letter shall serve as written confirmation that the Company hereby extends
this Letter Agreement to September 31, 2002 or an earlier date as mutually
agreed by you and the Company.


STORAGE TECHNOLOGY CORPORATION



By:
         -------------------------------
         Roger Gaston

Title:   Corporate Vice President/Human Resources



By:
         -------------------------------
         Pierre I. Cousin

Title:   Vice President/General Manager, Storage Area Networks
| 1.     | Such      annual report of Form 10-K for the year ending December 31, 2009, 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 such annual report of Form 10-K for the year      ending December 31, 2009, fairly represents in all material respects, the      financial condition and results of operations of Medasorb Technologies      Corporation |

| Date:      April 9, 2010                               |
|--------------------------------------------------------|
|                                                   |
| MEDASORB      TECHNOLOGIES CORPORATION                 |
|                                                   |   |
| By:                                                    | /s/ Phillip Chan |
| Phillip ChanPresident      and Chief Executive Officer |

----
I 

112TH CONGRESS 

2D SESSION H. R. 4920 

To extend the temporary suspension of duty on mixtures or coprecipitates 

of yttrium phosphate and cerium phosphate. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2012 

Mr. GENE GREEN of Texas introduced the following bill; which was referred 

to the Committee on Ways and Means 

A BILL 

To extend the temporary suspension of duty on mixtures 

or coprecipitates of yttrium phosphate and cerium phosphate. 

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

3 SECTION 1. MIXTURES OR COPRECIPITATES OF YTTRIUM 

4 PHOSPHATE AND CERIUM PHOSPHATE. 

5 (a) IN GENERAL.—Heading 9902.23.06 of the Har6 monized Tariff Schedule of the United States (relating to 

7 mixtures or coprecipitates of yttrium phosphate and ce8 rium phosphate) is amended by striking the date in the 

9 effective period column and inserting ‘‘12/31/2015’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 4920 IH

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Stone
Container Corporation and Subsidiaries' June 30, 1998 Consolidated Balance Sheet
and Accumulated Deficit and Consolidated Statement of Operations and is 
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                             109
<SECURITIES>                                         0
<RECEIVABLES>                                      713
<ALLOWANCES>                                        28
<INVENTORY>                                        734
<CURRENT-ASSETS>                                  1666
<PP&E>                                            4892
<DEPRECIATION>                                    2578
<TOTAL-ASSETS>                                    5706
<CURRENT-LIABILITIES>                             1311
<BONDS>                                           3909
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        115
<COMMON>                                           974
<OTHER-SE>                                      (1071)
<TOTAL-LIABILITY-AND-EQUITY>                      5706
<SALES>                                           2539
<TOTAL-REVENUES>                                  2539
<CGS>                                             2087
<TOTAL-COSTS>                                     2515
<OTHER-EXPENSES>                                    83
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 237
<INCOME-PRETAX>                                  (296)
<INCOME-TAX>                                      (71)
<INCOME-CONTINUING>                              (225)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (226)
<EPS-PRIMARY>                                   (2.30)
<EPS-DILUTED>                                   (2.30)
        

</TABLE>
Exhibit 32.2








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 Form 10-Q of Worldwide Biotech & Pharmaceutical Company (the “Company”) on Form 10-Q for the quarter ending March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Peng Wang, Principal Accounting Officer of the Company, 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.











/s/ Peng Wang


Peng Wang


Principal Accounting Officer


May 16, 2011
Compensation Arrangements for the Named Executive Officers

              Set forth below is a summary of the compensation paid by Elizabeth Arden, Inc. (the "Company") to its named executive officers (defined in Regulation S-K Item 402(a)(3) and as set forth in the Company's Proxy Statement dated May 14, 2004 (the "Named Executives")) in their current positions as of the date of filing of the Company's Quarterly Report on Form 10-Q for the quarter ended March 31, 2005 (the "Form 10-Q").  All of the Company's executive officers are at-will employees whose compensation and employment status may be changed at any time in the discretion of the Company's Board of Directors (the "Board"), subject only to the terms of the Severance and Change in Control Arrangement for Senior Executives described below. 

Base Salary 

              Effective April 1, 2005, the Named Executives are scheduled to receive the following annual base salaries in their current positions: 

**Named Executive **Position **Salary($)
E. Scott Beattie 
Chairman of the Board and Chief Executive Officer 
700,000
Paul West 
President and Chief Operating Officer 
475,000
Stephen J. Smith 
Executive Vice President and Chief Financial Officer 
350,000
Ronald Rolleston 
Executive Vice President, Global Marketing  
320,000
Joel B. Ronkin 
Executive Vice President and Chief Administrative Officer 
295,000******
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP -77,002

EX PARTE DARRELL WAYNE BIVENS, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 296-81350-2012

IN THE 296 DISTRICT COURT FROM COLLIN COUNTY TH

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty and was convicted

of failing to register as a sex offender. He was sentenced to three years’ imprisonment. He did not

appeal his conviction.

Applicant committed indecencywith a child when he was sixteen years old. He was certified

as an adult and, after a period of deferred adjudication, was sentenced to two years’ imprisonment.

He fully discharged that sentence on approximately November 13, 1998. Because he was under
seventeen years’ of age at the time of that offense, his crime was not considered a “sexually violent

offense”. TEXAS CODE CRIM. PRO. Art. 62.001(6). His duty to register as a sex offender therefore

expired on the tenth anniversary of the discharge of that sentence. TEXAS CODE CRIM. PRO. Art.

62.12(b). The offense date alleged in this indictment was over three years after Applicant’s duty to

register as a sex offender had expired. 

The State and the trial court agree that Applicant has established by clear and convincing

evidence that a jury would acquit him of the charge. 

Relief is granted. The judgment in Cause No. 296-81350-2012 in the 296 Judicial District th

Court of Collin County is set aside, and Applicant is remanded to the Collin County Sheriff to

answer the charge against him.

Copies of this opinion shall be sent to theTexasDepartment of Criminal Justice–Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: March 27, 2013

Do Not Publish
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 21-0326

_________________

STATE OF MONTANA,

 Plaintiff and Appellee,

 v.

TIMOTHY JOHNSON,

 Defendant and Appellant.

O R D E R

_________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for 

submission on briefs to a five-justice panel of this Court. 

The Clerk is directed to provide a copy hereof to all counsel of record and to the 

Honorable John C. Brown, District Judge.

For the Court,

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

April 12 2023

04/12/2023

Case Number: DA 21-0326
Exhibit 4.3 


 


CERTIFICATE OF AMENDMENT


OF THIRD AMENDED AND RESTATED CERTIFICATE OF
INCORPORATION


OF CPI CARD GROUP INC.


 


CPI Card Group Inc.,
a corporation organized and existing under the laws of the State of Delaware
(the “Corporation”) does hereby certify
as follows:


 


FIRST. That the name of the Corporation
is CPI Card Group Inc. The original Certificate of Incorporation of CPI Card Group Inc. was filed with the Secretary of State of Delaware
on June 4, 2007.


 


SECOND. That the Board of Directors
of the Corporation duly adopted resolutions recommending and declaring advisable that the Corporation’s Third Amended and Restated
Certificate of Incorporation as filed on October 7, 2015 (the “Certificate of Incorporation”) be amended and
that such amendment be submitted to the stockholders of the Corporation for their consideration, as follows:


 


RESOLVED,
that the Third Amended and Restated Certificate of Incorporation
be amended by changing Paragraph D of Article FIFTH thereof so that, as amended, said Paragraph D of Article FIFTH shall be and read in
its entirety as follows:


 


D. Removal of Directors.
Subject to the rights of the holders of any series of Preferred
Stock then outstanding and notwithstanding
any other provision of this Certificate
of Incorporation, directors
may be removed with or without cause upon the affirmative vote of stockholders representing at least a majority of the voting
power of the then outstanding
shares of capital stock of the Corporation then entitled to vote
generally in the election of directors. Any director may resign
at any time upon written notice to the Corporation.


 


THIRD. That, in lieu
of a meeting and vote of stockholders, written or electronic consent
of stockholders to said amendment granting the Board of Directors
of the Corporation the authority to amend the Third Amended and
Restated Certificate of Incorporation to provide for a reverse stock
split has been given in accordance with the provisions of Section
228 of the General Corporation Law of the State of Delaware, and
written notice of the adoption of the amendment
has been given as
provided in Section
228 of the General Corporation
Law to every stockholder entitled to such notice.


 


FOURTH.
That said amendment was duly adopted in accordance
with Section 242
of the General
Corporation Law of the State of Delaware.


 


FIFTH. That this Certificate
of Amendment shall be effective upon filing.


 






     


     


    

 


IN WITNESS
WHEREOF, the Corporation has caused this Certificate of Amendment to be signed by its duly authorized officer this 20th day of September,
2018, and the foregoing facts stated herein are true and correct.


 


	 	CPI CARD GROUP INC.
	 	 
	 	/s/ Sarah Kilgore
	 	By: Sarah Kilgore
	 	Its: Chief Legal and Compliance Officer and Corporate
    Secretary
#### Connecticut Mutual Life Insurance Company, Plaintiff, *v.*Sylvia Morganstern et al., Defendants.

Supreme Court, Special Term, New York County,

September 23, 1957.

*Edward A. Baker*for plaintiff.

*Leonard*if. *Mandel*for defendants.

Thomas A. Aurelio, J.

The widow has brought an action in the Municipal Court to recover the unpaid installments as provided in the settlement agreement and claimed to be due under the double indemnity provision of the policies. In that action, joinder of the children of the deceased insured, named as secondary beneficiaries, was denied upon the ground that the court was thereby requested to render a declaratory judgment. Accordingly, this action was commenced by the insurance company against the widow and the children for a judgment declaring the rights and obligations of the parties with respect to the double indemnity provision. Defendants urge that the court decline to take jurisdiction upon the ground that the action pending in the Municipal Court constitutes an adequate remedy; *197the children make no claim and there is no present dispute as to them. Plaintiff’s obligation to the children is fixed in the contract and became vested upon the death of the insured, to be divested only upon their death prior to the primary beneficiary. In that sense the rights and obligation are prospective. It is, however, unrealistic to suppose or fail to infer from the allegations of the complaint that the children do not dispute plaintiff’s contention of death by means not covered by the double indemnity provision. That the rights and obligation are prospective is no bar to the maintenance of an action of declaratory judgment. The dispute is present and pertains to the fact of death and its attendant circumstances. The dispute is not contingent save in the sense that the rights and obligation may be prospective. While the secondary beneficiaries may predecease the primary beneficiary or fail in the future to continue to assert a claim, it is sufficient if plaintiff’s contention arising upon the contract is presently disputed, and it is unrealistic to consider that it is not. In this manner too possible multiplicity of suit with varying result will be avoided. It is reasonable and sensible, therefore, to entertain the action. Certainly no prejudice is perceived and none is urged.

The motion is denied.
I 

112TH CONGRESS 

2D SESSION H. R. 5042 

To suspend temporarily the duty on Ancamine 2432. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2012 

Mr. DENT introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To suspend temporarily the duty on Ancamine 2432. 

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

3 SECTION 1. ANCAMINE 2432. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•HR 5042 IH

‘‘ 9902.01.00 Modified aliphatic amine 

mixture containing: benzyl 

alcohol (CAS No. 100–51– 

6), formaldehyde, polymer 

with 1,3- 

benezenedimethanamine 

and phenol (CAS No. 

57214–10–5), 1,3- 

benzenedimethanamine 

(CAS No. 1477–55–0), 

phenol, 4,4’-(1- 

methylethylidene)bis-, polymer with 2- 

(chloromethyl)oxirane, reaction products with ethylenediamine (CAS No. 

72480–18–3), and ethylenediamine (CAS No. 107– 

15–3) (Ancamine 2432) 

(provided for in subheading 3824.90.28) ......... Free No change No change On or before 

12/31/2015 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of enactment of this Act. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS
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

In connection with the Quarterly Report of Elite Logistics, Inc. (the "Company")
on Form 10-QSB as of November 30, 2002 and for the three and six months ended
November 30, 2002 and 2001 (the "Quarterly Report"), as filed with the
Securities and Exchange Commission on the date hereof, I, Stephen M. Harris,
President and Chief Executive Officer of the Company, hereby certify pursuant to
18 U.S.C. Sec.1350, as adopted pursuant to Sec.906 of the Sarbanes-Oxley Act of
2002, that:

     1.  The Quarterly Report on Form 10-QSB fully complies with the
         requirements of section 13(a) or 15(d) of the Securities Exchange Act
         of 1934, as amended; and

     2.  The information contained in the Quarterly Report on Form 10QSB fairly
         presents, in all material respects, the financial condition and result
         of operations of the Company.


By:  /s/ Stephen M. Harris                                   January 20, 2003
-------------------------------------------
        Stephen M. Harris
        President, Chief Executive Officer
        and Interim Chief Financial Officer
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-30669

R.T. FAULK, III, COREY FARMS, L.L.C.; FAULK FARMS, 

INCORPORATED; JOANNE HODGES; RIVER VALLEY PROPERTIES; 

MCHENRY FARMS, L.L.C.; SHERMAN SHAW; T. P. GODWIN; WILLIAM 

G. NADLER; MCHENRY REALTY PARTNERSHIP

Plaintiffs-Appellees

v.

UNION PACIFIC RAILROAD COMPANY

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 3:07-CV-554

Before JOLLY, SOUTHWICK, and HAYNES, Circuit Judges.

PER CURIAM:*

This case concerns a dispute over the proposed closing of several private 

railroad crossings in Louisiana. The district court determined that the 

railroads have a servitude, rather than fee-simple ownership, over the land. It 

then certified to this court the question of whether a Louisiana statute 

preventing the railroads from closing the private crossings violates the 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

August 13, 2015

Lyle W. Cayce

Clerk

 Case: 13-30669 Document: 00513152884 Page: 1 Date Filed: 08/13/2015
No. 13-30669

2

Louisiana Constitution’s prohibition on takings. We granted the interlocutory 

appeal, addressed certain issues, and certified the remaining dispositive issue 

to the Louisiana Supreme Court pursuant to Louisiana Supreme Court Rule 

XII § 1 and LA. REV. STAT. § 13:72.1. See Faulk v. Union Pac. R.R. Co., 576 F. 

App’x 345 (5th Cir. 2014). That court accepted the certified question and issued 

its answer on June 30, 2015. Faulk v. Union Pac. R.R. Co., 2015 La. LEXIS 

1498 (La. June 30, 2015) (answering certified question); Faulk v. Union Pac. 

R.R. Co., 151 So. 3d 611 (La. 2014) (granting certification). We ordered 

supplemental briefing by the parties on the subject of whether any further 

issues remain to be resolved by this court at this point. They stated that there 

are not, and we agree. 

Accordingly, the district court’s March 22, 2013 partial summary 

judgment order certified for interlocutory appeal is AFFIRMED and the case 

is REMANDED for appropriate further proceedings.

 Case: 13-30669 Document: 00513152884 Page: 2 Date Filed: 08/13/2015