alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JESSE ALLRED, 

Plaintiff-Appellant, 

 v. 

CALIFORNIA DEPARTMENT OF 

CORRECTIONS AND 

REHABILITATION; et al., 

Defendants, 

and 

DUROY; et al., 

Defendants-Appellees.

No. 19-16770 

D.C. No. 1:16-cv-01571-LJO-SAB

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Lawrence J. O’Neill, District Judge, Presiding

Submitted January 20, 2021

**

Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JAN 26 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 19-16770

California state prisoner Jesse Allred appeals pro se from the district court’s 

summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference 

to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We 

review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We 

affirm. 

The district court properly granted summary judgment because Allred failed 

to raise a genuine dispute of material fact as to whether defendants were 

deliberately indifferent to his wrist fracture and whether he experienced significant

harm as a result of any delay in treatment. See id. at 1060-61 (a prison official is 

deliberately indifferent only if he or she knows of and disregards an excessive risk 

to inmate health; medical malpractice, negligence or difference of opinion 

concerning the course of treatment does not amount to deliberate indifference); 

Hallett v. Morgan, 296 F.3d 732, 745 (9th Cir. 2002) (prisoner must show delay 

led to significant harm).

The district court did not abuse its discretion by denying Allred’s discovery 

motion because Allred failed to demonstrate that the denial of discovery resulted in 

actual and substantial prejudice to him. See Laub v. U.S. Dep’t of Interior, 342 

F.3d 1080, 1084, 1093 (9th Cir. 2003) (setting forth standard of review and 

explaining that a district court’s “decision to deny discovery will not be disturbed 

except upon the clearest showing that the denial of discovery result[ed] in actual 
 3 19-16770

and substantial prejudice to the complaining litigant” (citation and internal 

quotation marks omitted)). 

We reject as without merit Allred’s contention that the district court applied 

an incorrect legal standard in granting summary judgment for the defendants.

Allred’s motion to file an oversized brief (Docket Entry No. 21) is granted. 

The Clerk is instructed to file the reply brief submitted at Docket Entry No. 22.

AFFIRMED.
Annual Incentive Payment Criteria for Executive Officers



 Exhibit 10.17 
  
 Annual Incentive Payment Criteria 
 For Executive Officers 
  
 Annual incentives for
executive officers, including the CEO, are paid through a pool, which is funded based on an assessment of performance relative to financial, non-financial and strategic objectives. Financial performance is measured based on growth in pre-tax
adjusted operating income (AOI), operating return on average equity on an AOI basis (operating return on required average equity for business units), operating revenues, and earnings per share on an AOI basis. 
  
 The non-financial and strategic objectives include the
following: 
  

	1.	Total shareholder return relative to a peer group of companies. 

  

	2.	Performance of the financial markets relative to plan assumptions. 

  

	3.	Employee measures such as employee opinion survey results. 

  

	4.	Strategic positioning relative to competitors. 

  
 Allocation of incentive bonuses among executives is discretionary with consideration given to the pool size for the business(es) managed by the executive, individual
performance and contribution, and value of the position in the marketplace.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

BRANDON EUGENE DAVIS,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 669 MAL 2020

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 4th day of May, 2021

, the Petition for Allowance of Appeal is

DENIED

.
[Federal Register Volume 65, Number 204 (Friday, October 20, 2000)]
[Proposed Rules]
[Page 63044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26948]



[[Page 63044]]

=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 00-2323, MM Docket No. 00-200, RM-9967]


Digital Television Broadcast Service; Sioux Falls, SD

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: The Commission requests comments on a petition filed by 
Midwest Broadcasting Company, permittee of Station KAUN(TV), NTSC 
Channel 36, Sioux Falls, South Dakota, requesting the substitution of 
DTV Channel 51 for Station KAUN(TV)'s assigned DTV Channel 40. DTV 
Channel 51 can be allotted to Sioux Falls, South Dakota, in compliance 
with the principle community coverage requirements of Section 73.625(a) 
at reference coordinates (43-30-19 N. and 96-34-19 W.). As requested, 
we propose to allot DTV Channel 51 to Sioux Falls with a power of 93 
and a height above average terrain (HAAT) of 230 meters.

DATES: Comments must be filed on or before December 8, 2000, and reply 
comments on or before December 26, 2000.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Room TW-A325, Washington, DC 20554. In addition to filing comments with 
the FCC, interested parties should serve the petitioner, or its counsel 
or consultant, as follows: David M Silver, Cole, Raywid & Braverman, 
L.L.P., 1919 Pennsylvania Avenue, NW., Suite 200, Washington, DC 20006 
(Counsel for Midwest Broadcasting Company).

FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau, 
(202) 418-1600.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 00-200, adopted October 
16, 2000, and released October 17, 2000. The full text of this 
Commission decision is available for inspection and copying during 
normal business hours in the FCC Reference Center, 445 12th Street, 
SW., Washington, DC. The complete text of this decision may also be 
purchased from the Commission's copy contractor, International 
Transcription Services, Inc., (202) 857-3800, 1231 20th Street, NW., 
Washington, DC 20036.
    Provisions of the Regulatory Flexibility Act of 1980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contacts.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Services Division, Mass Media Bureau.
[FR Doc. 00-26948 Filed 10-19-00; 8:45 am]
BILLING CODE 6712-01-P
EXHIBIT 32.2

            CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Annual Report of Circle Group Holdings, Inc. on
Form 10-KSB for the year ending December 31, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Annual Report"), I, Dana L.
Dabney, Chief Financial Officer of the Circle Group Holdings, Inc. certify,
pursuant Section 906 of the Sarbanes-Oxley Act of 2002, that:

                  (1) The Annual 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 Annual Report fairly
         presents, in all material respects, the financial condition and results
         of operations of Circle Group Holdings, Inc.


Dated:  March 1, 2004                              /s/ DANA L. DABNEY
                                                   -----------------------------
                                                   Dana L. Dabney
                                                   Chief Financial Officer
                                                   (Principal Financial Officer)
exv10w18



 






Exhibit 10.18




ADDENDUM TO EMPLOYMENT

AND NONCOMPETITION AGREEMENT




     This Addendum to the Employment and Noncompetition Agreement (“Addendum”) between SCI
Executive Services, Inc., a Delaware Corporation (the “Company”) and the undersigned executive of
the Company (the “Employee”), is executed as of December 1, 2005.



     The Company and the Employee have previously entered into an Employment and Noncompetition
Agreement (“Agreement”).



     This Addendum is intended to (i) supplement and modify such Agreement in order to comply with
applicable provisions of the Internal Revenue Code Section 409A, and (ii) extend the term of the
Agreement.



     This Agreement is modified effective as of December 31, 2005 as follows:




	 	1.	 	Notwithstanding the applicable provisions of this Agreement regarding timing of
distribution of payments, the following special rules shall apply in order for this
Agreement to comply with IRC §409A: (i) to the extent any distribution is to a
“specified employee” (as defined under IRC §409A) and to the extent such applicable
provisions of IRC §409A require a delay of such distributions by a six month period
after the date of such Employee’s separation of service with the Company, the
provisions of this Agreement shall be construed and interpreted as requiring a six
month delay in the commencement of such distributions thereunder, and (ii) in the event
there are any installment payments under this Agreement that are required to be delayed
by a six month period in order to comply with IRC §409A, the monthly installments that
would have been paid during such six month delay shall be accumulated and paid to the
Employee in a single lump sum within five business days after the end of such six month
delay, and (iii) the Company shall not have the discretion to prepay any installment
payments otherwise provided under this Agreement.
	 
	 	2.	 	To the extent of any compliance issues under Internal Revenue Code Section
409A, the Agreement shall be construed in such a manner so as to comply with the
requirements of such provision so as to avoid any adverse tax consequences to the
Employee.
	 
	 	3.	 	The term of the Agreement is hereby extended to December 31, 2006.





     EXECUTED as of the date first written above.



	 	 	 	 	 	 	 	 	 
	SCI Executive Services, Inc.	 	 	 	Employee	 	 
	 
	 	 	 	 	 	 	 	 
	By:

	 	   /s/ Curtis G. Briggs
 

	 	 	 	   /s/ James M. Shelger
 

	 	 
	 
	 	 	 	 	 	 	 	 
	Name:

	 	Curtis G. Briggs
	 	 	 	Name: James M. Shelger	 	 
	Title:

	 	Vice President
[Federal Register Volume 65, Number 26 (Tuesday, February 8, 2000)]
[Notices]
[Pages 6242-6243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2736]


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

NATIONAL SCIENCE FOUNDATION


Advisory Panel for Neuroscience; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting:

    Name: Advisory Panel for Neuroscience (1158).
    Date/Time: April 26-28, 2000; 8:00 a.m. to 5:00 p.m.
    Place: Room 330, 4201 Wilson Boulevard, Arlington, VA.
    Type of Meeting: Part-Open.
    Contact Person: Dr. Sonya Sobrian, Program Director, Behavioral 
Neuroscience; Dr. Roy White, Program Director, Computational 
Neuroscience; Division of

[[Page 6243]]

Integrative Biology and Neuroscience, Suite 685, National Science 
Foundation, 4201 Wilson Blvd., Arlington, VA 22230. (703) 306-1416.
    Purpose of Meeting: To provide advice and recommendations 
concerning proposals submitted to NSF for financial support.
    Minutes: May be obtained from the contact person listed above.
    Agenda: Open Session: April 28, 2000; 10:00 a.m. to 11:00 a.m., 
to discuss goals and assessment procedures. Closed Session: April 
26-27; 8:00 a.m. to 5:00 p.m.; April 28, 9:00 a.m. to 10:00 a.m., 
and 11:00 a.m. to 5:00 p.m. To review and evaluate Behavioral 
Computational Neuroscience proposals as part of the selection 
process for awards.
    Reason for Closing: The proposals being reviewed include 
information of a proprietary or confidential nature, including 
technical information; financial data, such as salaries; and 
personal information concerning individuals associated with the 
proposals. These matters are exempt under 5 U.S.C. 552b(c) (4) and 
(6) of the Government in the Sunshine Act.

    Dated: February 1, 2000.
Karen J. York,
Committee Meeting Officer.
[FR Doc. 00-2736 Filed 2-7-00; 8:45 am]
BILLING CODE 7555-01-M
# AGENCY:

 Bureau of Land Management Northeast California Resource Advisory Council, Susanville, California.

# ACTION:

 Notice of meeting.

# SUMMARY:

 Pursuant to the authorities in the Federal Advisory Committees Act (Public Law 92-463) and the Federal Land Policy and Management Act (Public Law 94-579), the U. S. Bureau of Land Management's Northeast California Resource Advisory Council will meet Friday, March 10, 2000, at the Bureau of Land Management's Eagle Lake Field Office, 2950 Riverside Drive, Susanville, CA.

# SUPPLEMENTARY INFORMATION:

 The meeting begins at 8 a.m. in the Eagle Lake Field Office Conference Room. Agenda items include an update on Grass Banking, a status report on a proposal to list the sage grouse under the Endangered Species Act, and a report from the council's off highway vehicle working group. The council will also hear reports on the status of a proposal to designate a National Conservation Area is parts of the Black Rock Desert and High Rock Canyon, and other proposals for special area designations. Time will be set aside on the agenda for public comments.

# FOR FURTHER INFORMATION CONTACT:

 Contact BLM Alturas Field Manager Tim Burke at (530) 257-4666.

Joseph J. Fontana,

Public Affairs Officer.

[FR Doc. 00-2683 Filed 2-4-00; 8:45 am]

BILLING CODE 4310-40-P
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk November 21, 2011

y1114 

# Order

November 21, 2011

143587

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 143587 COA: 297383 Washtenaw CC: 06-001674-FH SAMUEL MAXWELL, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the June 21, 2011 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented s hould be reviewed by this Court.
<PAGE>

                                                                   EXHIBIT 10.51

                           CRITICAL THERAPEUTICS, INC.

                               2006 COMPANY GOALS

      On November 30, 2005, based on the recommendation of the Compensation
Committee of the Board of Directors of Critical Therapeutics, Inc., our Board of
Directors approved company goals for 2006. These company goals will be
considered in determining bonus amounts for our executive officers in respect of
our 2006 fiscal year. The company goals for 2006 include:

      -     enhancing the commercial value of zileuton by meeting ZYFLO(R) sales
            targets, making specified regulatory filings and achieving specified
            business development goals;

      -     progressing our research and development pipeline by making
            specified regulatory filings and achieving specified pre-clinical
            and clinical development milestones and business development goals
            for our other product candidates;

      -     maintaining our financial position by managing our cash balance and
            raising capital, as necessary, to support our operating plan and
            communicating effectively with investors; and

      -     recruiting and retaining key employees to create an effective
            organization.
Exhibit 32.1

Certification of Chief Executive Officer Pursuant to Section 1350 of  Chapter 63 of Title 18 Of The United States Code

I, J. Patrick Spainhour, the Chief Executive Officer of The ServiceMaster Company, certify that (i) the Annual Report on Form 10-K for
the year ended December 31, 2007, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the information contained in such
Annual Report on Form 10-K fairly presents, in all material respects, the financial condition and results of operations of The ServiceMaster Company.

| |  | /s/PATRICK SPAINHOURJ. Patrick Spainhour
March 27, 2008
| |  | -------------------------------------------------------

A
signed original of this written statement required by Section 906 has been provided to The ServiceMaster Company and will be retained by The ServiceMaster Company and furnished
to the Securities and Exchange Commission or its staff upon request.

---



QuickLinks
Exhibit 10-CC Agreement between Ford Motor Company and Mark Fields dated October
      5, 2005.**


    Exhibit
      10-CC

    Joe
      W. Laymon

    Group
      Vice President

    Corporate
      Human Resources and Labor Affairs

    


    


    


    


    


    


    


       October
      5, 2005

    


    


    To:  Mr.
      Mark
      Fields

    


    


    Subject:
       Special
      Retention Bonus

    


     

    


     

    This
      letter is to confirm discussions relative to compensation issues and your
      continued employment with Ford Motor Company.

    


    The
      following actions have been approved by the Board of Directors of Ford Motor
      Company:

    


    You
      will
      receive, before October 14, 2005, a special cash retention bonus of $1,000,000,
      less appropriate withholdings for taxes. If you voluntarily leave Ford Motor
      Company within the 24-month period following receipt of this special retention
      bonus the entire amount must be repaid in full to the Company within two weeks
      of your departure. 

    


    Mark,
      we
      value the contributions you have made and we look forward to your continued
      success with Ford Motor Company.

    


    


    Regards,

    


    


    /s/
      Joe Laymon   

    Joe
      Laymon

    


    


    


    


    


    


    Acknowledgement: /s/
      Mark Fields  

    Mark
      Fields

    


    Date:   October
      5, 2005
I 

113TH CONGRESS 

1ST SESSION H. R. 3213 

Making appropriations for all departments and agencies of the Federal 

Government for fiscal year 2014, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2013 

Mr. GRAYSON introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

Making appropriations for all departments and agencies of 

the Federal Government for fiscal year 2014, and for 

other purposes. 

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 ‘‘Anti-Self-Destruction 

5 Act’’ or the ‘‘Fiscal Sanity Act of 2013’’. 

6 SEC. 2. CONTINUING APPROPRIATIONS FOR FISCAL YEAR 

7 2014. 

8 There is hereby appropriated for fiscal year 2014— 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 3213 IH

1 (1) for each project or activity for which budget 

2 authority was provided in the Consolidated and Fur3 ther Continuing Appropriations Act, 2013 (Public 

4 Law 113–6), an amount equal to the budget author5 ity provided in such Act, as reduced pursuant to the 

6 Presidential sequestration order dated March 1, 

7 2013, to remain available for a comparable period of 

8 availability; and 

9 (2) for entitlements and other mandatory pay10 ments whose budget authority was provided in ap11 propriations Acts for fiscal year 2013, and for activi12 ties under the Food and Nutrition Act of 2008, such 

13 amounts as may be necessary to maintain program 

14 levels under current law. 

15 SEC. 3. NONAPPLICABILITY OF DEBT CEILING THROUGH 

16 CALENDAR YEAR 2014. 

17 Section 3101(b) of title 31, United States Code, shall 

18 not apply for the period beginning on the date of the en19 actment of this Act and ending on December 31, 2014. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       1,366,050
<SECURITIES>                                         0
<RECEIVABLES>                                2,226,257
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      95,320,711
<DEPRECIATION>                              40,226,261
<TOTAL-ASSETS>                             141,985,167
<CURRENT-LIABILITIES>                       11,651,171
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                (41,756,004)
<TOTAL-LIABILITY-AND-EQUITY>               141,985,167
<SALES>                                     58,848,415
<TOTAL-REVENUES>                            58,848,415
<CGS>                                                0
<TOTAL-COSTS>                               52,287,243
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          17,842,346
<INCOME-PRETAX>                           (11,776,281)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (11,776,281)
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


</TABLE>