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 Friday, December 5, 2008 Meeting December 5, 2008
Office of Justice Programs
810 Seventh Street NW
Washington, DC 20531
9:00 a.m. to 12:30 p.m

AgendaMeeting SummaryMeeting Attendance

December 5, 2008 Meeting Materials

**Presenter/Panelist Bios:**

Susan Yeres
	Byron Johnson**Presentations:**

Launch of Comprehensive Community Initiatives Toolkit
	Retrospective of Council Activities, 2001–2008
	Update on Juvenile Justice Research: Religiosity and Prosocial Youth Behavior**Legislative and Program Updates:**

Legislative Updates
	Summaries of Council Inter-Agency Agreements, Round Two
  
Date Published: December 5, 2008
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      Coordinating Council on Juvenile Justice and Delinquency Prevention

        
        
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Agenda

August 2004 Refunding

Treasury Dealer Meetings – July 29 & 30, 2004

Dealer ___________________

To allow more time for discussion, please e-mail your responses prior to 5:00 p.m. on Wednesday, July 28 to 

debt.management@do.treas.gov. If you are not scheduled to meet with Treasury officials this quarter, your 

responses would still be very helpful to us, particularly answers to the discussion questions. Thank you. 

I. Borrowing Estimates Central

Estimate

Range that would not 

surprise you

July – September

 Ending Cash Balance

October – December

 Ending Cash Balance

II. Budget Deficit Estimates

FY2004

FY2005

III. Quarterly Note Issuance

3-year-August

5-year-August

5-year-September

5-year-October

10-year-August

10-year reopening-September

5 1⁄2-yr TIPS-October

10-year TIPS reopening-October

IV. Discussion Topics

• What are the assumptions behind your FY2004 and FY2005 estimates? Do you see risks leaning toward 

higher or lower budget deficits than you have reported here? Do you think the current financing schedule 

provides enough flexibility to handle uncertain financing needs going forward?

• How would you recommend Treasury balance the need for liquidity with reduced financing if borrowing 

needs decline?

• This year we plan to move to 6-decimal auction pricing and we have highlighted the possibility that the 

highest accepted yield in a TIPS auction could be negative or zero. Can your systems handle 6-decimal 

auction pricing and zero or negative yields? We are considering raising the limit of noncompetitive awards 

in bill auctions to the same as in coupon auctions (from $1 million to $5 million). Do you have views on 

this change? We are also looking at a function that would automatically fill in zeros to the correct number 

of decimal points for bids. Would you have objections to this function?
Dear Mr. Parsons,

I am deeply concerned about the negative impact on air quality from the oil and gas development in the Colorado Plateau. I am requesting that you tightly regulate this industry to protect the health of Ut ah citizens. Thank you, Judy Gooch

Re Docket ID: EPA-HQ-Oq-2010-0505 Judith Gooch to: Nick Parsons 08/02/2010 03:15 PM Show Details Page 1 of 1

8/9/2010 file://C:\Documents and Settings\nparsons\Local Set tings\Temp\notesFCBCEE\~web4753.h

...
<PAGE>
                               SECOND AMENDMENT
                                      TO
                           ACTIVE VOICE CORPORATION
                       1996 EMPLOYEE STOCK PURCHASE PLAN


   THIS SECOND AMENDMENT is adopted effective as of June 1, 1998 (the 
"Amendment Date"), by ACTIVE VOICE CORPORATION, a Washington corporation (the 
"Company").

                                   RECITALS

     A.   The Company has adopted the Active Voice Corporation 1996 Employee 
Stock Purchase Plan (the "Plan").

     B.   The Company desires to amend the Plan in certain respects.

     NOW, THEREFORE, the Plan is hereby amended as follows:

1.   Article 3 of the Plan is hereby amended and restated in its entirety as  
     follows:

     As used in the Plan, the term "Eligible Employees" means all
     common law employees of the Company and its subsidiaries, except
     the following:  (a) employees whose customary employment is 10
     hours or less per week; (b) employees whose customary employment
     is for not more than 5 months in any calendar year; and (c) any
     person performing services for the Company who is not
     contemporaneously treated as a common law employee on the
     Company's payroll and personnel records, including but not
     limited to a person treated as a third party contractor or who
     is paid through a third party business entity's payroll,
     regardless of whether the relationship between the Company and
     the person subsequently is determined to be an employer/common
     law employee relationship.  Except as otherwise expressly
     provided in the Plan and permitted by Section 423 of the Code,
     all Eligible Employees shall have the same rights and
     obligations under the Plan.
     
     Notwithstanding the foregoing provisions of this Article 3, an
     employee will not be an Eligible Employee for purposes of the
     Plan if the employee owns stock possessing 5% or more of the
     total combined voting power or value of all classes of stock of
     the Company. For purposes of this 5% limitation, an employee
     shall be treated as owning any stock the ownership of which is
     attributed to him or her under the rules of Section 424(d) of
     the Code, as well as any stock that, in the absence of this
     paragraph, the employee could purchase under the Plan with his
     or her payroll deductions held pursuant to Article 6 but not yet
     applied to the purchase of shares of Common Stock under the
     Plan.

                                       
<PAGE>

2.   Except as amended hereby, the Plan shall remain in full force and effect.

   IN WITNESS WHEREOF, this Second Amendment has been executed as of the 
Amendment Date.

                              ACTIVE VOICE CORPORATION

                                 By  /s/ Robert L. Richmond
                                     -------------------------
                                     Robert L. Richmond, 
                                     Chief Executive Officer
Amendment to Mr. Thiry's Employment Agreement



 Exhibit 10.1 
  
 THIRD AMENDMENT TO EMPLOYMENT AGREEMENT 
  
 This document is to amend the Employment Agreement (the “Agreement”), entered into as of October 18, 1999, as
amended by that certain Amendment to Employment Agreement dated May 20, 2000, and that certain Second Amendment to Employment Agreement dated November 28, 2000, by and between Total Renal Care Holdings, Inc. (now known as DaVita Inc.) (the
“Company”) and Kent J. Thiry (“Executive”). Specifically, the parties agree to amend the Agreement as follows: 
  
 1. Effective April 1, 2005, Section 2.3(a) is hereby deleted in its entirety and replaced by the following: 
  
 “For each calendar year, commencing with calendar year 2005, Executive
shall be eligible to receive a bonus (the “Bonus”) which may be based upon the achievement of established goals and/or an assessment of the performance of the Company and Executive during the year. The amount of the Bonus, if any, for each
such calendar year will be determined and approved by the Compensation Committee of the Board and/or the Independent Directors as contemplated by the Charter of the Compensation Committee of the Board.” 
  
 In all other respects, and with the exception of the previous amendments, the
Agreement remains unchanged and in full force and effect. 
  
  
 DAVITA INC. 
  

					
			
	 By:
	 	             /s/    RICHARD B.
FONTAINE            

	    	     March 30, 2005        


	 	 	Richard B. Fontaine, Director	    	Date

  
  
 EXECUTIVE 
  

			
		
	                     /s/    KENT J.
THIRY                         

	    	     March 30, 2005        


	    Kent J. Thiry	    	Date
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ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS 

OF THE UNITED STATES MAGISTRATE JUDGE Page 1 of 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

KEVIN REID ALTHOUSE,

Plaintiff,

v.

COMMISSIONER, SOCIAL SECURITY 

ADMINISTRATION et al.,

Defendants.

§

§

§

§

§

§

§

§

§

§

§

Civil Action No. 3:22-CV-01886-E-BH

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS

OF THE UNITED STATES MAGISTRATE JUDGE

The Court conducted an independent review of the pleadings, files and records in this case, 

and the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated 

August 30, 2022. (Doc. 5). Objections were filed. (Doc. 6). The Court reviewed de novo those

portions of the proposed findings, conclusions, and recommendation to which objection was made, 

and reviewed the remaining proposed findings, conclusions, and recommendation for plain error.

The Court has found no error in the Findings, Conclusions, and Recommendation of the United 

States Magistrate Judge. (Doc. 5). Accordingly, the Court ACCEPTS the Findings, Conclusions, 

and Recommendation of the United States Magistrate Judge. (Doc. 5).

SO ORDERED.

14th day of February, 2023.

___________________________________

ADA BROWN

UNITED STATES DISTRICT JUDGE

Case 3:22-cv-01886-E-BH Document 13 Filed 02/14/23 Page 1 of 1 PageID 75
`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 75 Enrolled Bill (ENR)]

        H.J.Res.75
                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                            Joint Resolution


 
      Designating January 16, 1994, as ``National Good Teen Day''.

Whereas Salem City Schools in Salem, Ohio, have proclaimed January 16, 
  1992, as ``Good Teen Day'';
Whereas there are more than twenty-four million teenagers in the United 
  States according to the 1990 Census;
Whereas our Nation's teenagers represent an important part of our 
  society, and the many physical and emotional changes and character-
  building experiences which teenagers go through are an important 
  concern;
Whereas it is easy to stereotype teenagers as either those who have 
  problems or those who excel;
Whereas teenagers should not simply be recognized for their 
  intelligence, abilities, skills and talents, but rather for the good 
  which is inherent in all human beings;
Whereas as unique individuals, teenagers are encouraged to esteem the 
  good as well as the potential that is within each of them;
Whereas a day should be created to focus on the positive qualities in 
  America's youth; and
Whereas teenagers are the future of this great country: Now, therefore, 
  be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That January 16, 1994, is 
designated as ``National Good Teen Day'', and the President is 
authorized and requested to issue a proclamation calling on the people 
of the United States to observe such day by recognizing the teenagers of 
the United States and by participating in appropriate ceremonies and 
activities.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.`
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 425 Considered and Passed House (CPH)]

103d CONGRESS
  2d Session
H. J. RES. 425

  Providing for the convening of the First Session of the One Hundred 
                            Fourth Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 1994

    Mr. Hoyer introduced the following joint resolution; which was 
                         considered and passed

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Providing for the convening of the First Session of the One Hundred 
                            Fourth Congress.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the first regular session 
of the One Hundred Fourth Congress shall begin at noon on Wednesday, 
January 4, 1995.
```
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

JENNIFER VANDERSTOK et al.,

 Plaintiffs, Case No. 4:22-cv-00691-O

 v.

MERRICK GARLAND, in his official 

capacity as Attorney General of the United 

States et al., 

 Defendants.

NOTICE REGARDING NON-PARTY JSD SUPPLY’S 

“[PROPOSED] MOTION FOR PRELIMINARY INJUNCTION”

On January 5, 2023, non-party Not an LLC d/b/a JSD Supply (JSD) filed a motion to 

intervene in this case (ECF No. 149). Defendants oppose that motion, and the original plaintiffs have 

stated that they “do not expressly oppose but could not agree with the motion.” Id. at 3.1 Despite its 

non-party status, JSD has filed a document entitled “Not an LLC dba JSD Supply’s [Proposed] Motion 

for Preliminary Injunction” (ECF No. 151), together with a brief in support of this document (ECF 

No. 152). That document does not explain how a non-party to a case may file a motion seeking 

injunctive relief. Moreover, neither the Federal or Local Rules provide for the filing of a “proposed 

motion,” and contrary to JSD’s representation in that document’s certificate of compliance, JSD has 

not conferred with Defendants to obtain Defendants’ position regarding any motion for preliminary 

injunctive relief. 

1 The motion to intervene does not reflect that JSD has complied with Local Civil Rule 7.1 before 

filing. The motion’s certificate of conference does not reflect the positions of Intervenor-Plaintiffs 

BlackHawk Manufacturing Group, Inc.; Defense Distributed; or Second Amendment Foundation 

regarding the motion, but only the position of the original plaintiffs. 

Case 4:22-cv-00691-O Document 156 Filed 01/09/23 Page 1 of 2 PageID 2893
2

For all these reasons, Defendants respectfully notify the Court that they do not plan to respond 

to JSD’s “proposed motion.” In the event that the Court were to grant JSD’s motion to intervene, 

then Defendants would respond to any subsequently-filed motions by JSD in accordance with the 

Federal and Local Rules.

DATED: January 9, 2023 Respectfully submitted,

BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General

ALEXANDER K. HAAS

Director, Federal Programs Branch

LESLEY FARBY

Assistant Director, Federal Programs Branch

/s/ Daniel Riess

DANIEL RIESS

MARTIN M. TOMLINSON

TAISA M. GOODNATURE

Trial Attorneys

Civil Division, Federal Programs Branch

U.S. Department of Justice

1100 L Street, NW

Washington, DC 20005

Phone: (202) 353-3098

Email: Daniel.Riess@usdoj.gov

Attorneys for Defendants

CERTIFICATE OF SERVICE

On January 9, 2023, I electronically submitted the foregoing document with the clerk of court 

for the U.S. District Court, Northern District of Texas, using the electronic case filing system of the 

court. I hereby certify that I have served all parties electronically or by another manner authorized by 

Federal Rule of Civil Procedure 5(b)(2).

/s/ Daniel Riess

Case 4:22-cv-00691-O Document 156 Filed 01/09/23 Page 2 of 2 PageID 2894
Agenda -- February 2007 Refunding 

Treasury Dealer Meetings January 25, 2007 

Dealer ___________________ 

To allow more time for discussion, please e-mail your responses prior to 3:00 p.m. on Tuesday, 

January 23 to Debt.Management@do.treas.gov and Amelia.Moncayo@ny.frb.org. Your 

responses are still appreciated even if you are not scheduled to meet with Treasury officials this 

quarter. 

I. Borrowing Estimates Central 

Estimate

Range that would not 

surprise you 

 Low/High 

 January-March / 

 Ending Cash Balance / 

 April-June / 

 Ending Cash Balance / 

 

II. Budget Deficit Estimates 

 FY 2007 / 

 FY 2008 / 

 

III. Quarterly Note Issuance 

 3-year note / 

 10-year note / 

 30-year bond / 

 

 10-year reopening / 

 2-year note (Feb/Mar/Apr) / / / / / - / / / 

 5-year note (Feb/Mar/Apr) / / / / / - / / / 

 5-year TIPS / 

 10-year TIPS reopening / 

(Please provide your estimates in the format provided above with central estimates followed by low/high estimates for each issue) 

Discussion Topics 

1. Have you revised, or are you considering revising, your forecast for the budget deficit since 

last quarter? If yes, please elaborate on the reasons for change. What would be the drivers of 

your forecast for higher or lower budget deficits? 

2. Should recent favorable economic and receipts data continue, how do you think Treasury 

could adjust future debt issuance to maintain the greatest degree of flexibility?

 

3. How would you characterize market conditions in on-the run Treasury securities versus off-the 

run Treasury securities?
#### HAMILTON v. STATE.

No. 22762.

Court of Criminal Appeals of Texas.

Feb. 16, 1944.

Horace H. Shelton, of Austin, for appellant.

Ernest S. Goens, State’s Atty., of Austin, for the State.

*970DAVIDSON, Judge.

Aggravated assault is the offense; the punishment, confinement in the county jail for one month.

The record is before us without statement of facts or bills of exception. Nothing is presented for review.

The judgment of the trial court is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved, by the Court.
EXHIBIT
10.1

 

 

THIRD
AMENDMENT 

TO


AMENDED
AND RESTATED LOAN AGREEMENT







THIS
THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT is made and entered into
as of April 28, 2005 by and between Acceris Communications Inc., formerly known
as I-Link Incorporated, a Florida corporation (the “Borrower”) and
Counsel Corporation (US), a Delaware corporation (the “Lender”).





WHEREAS,
the Borrower and Lender are parties to an Amended and Restated Loan Agreement as
further amended, dated January 30, 2004 (the "Loan
Agreement”) and
the parties desire to further amend the Loan Agreement with effect from March
31, 2005 (“the Effective
Date”) as
provided herein.




NOW,
THEREFORE, for good and valuable consideration the receipt and adequacy of which
is hereby acknowledged it is agreed as follows:




1. Extension
of Maturity Date.
Effective as of the Effective Date, Section 2 of the Loan Agreement is hereby
amended and restated in its entirety to read as follows:




All
borrowings hereunder, together with any interest thereon, shall be due and
payable to CCUS in one installment on April 30, 2006 (the “Maturity
Date”).
Interest shall accrue and be compounded quarterly and shall result in a
corresponding increase in the principal amount of the Indebtedness.




2. Effect
on Loan Agreement and Loan Note. This
Third Amendment is not intended, nor shall it be construed, as a modification or
termination of the Amended and Restated Debt Restructuring Agreement, dated
October 15, 2002. Except as expressly provided herein, the Loan Agreement and
the Note annexed thereto are hereby ratified and confirmed and remain in full
force and effect in accordance with their respective terms. 




IN
WITNESS WHEREOF, the Borrower and the Lender have executed this Third Amendment
as of April 28, 2005 .










[See
attached signature page]


 






















[Signature
page to Third Amendment to Amended and Restated Loan Agreement, dated
January
30, 2004]










	 	 	 
	 	ACCERIS COMMUNICATIONS INC.
	 
 	 
 	 
 
	 	By:  	
	 	
      

      Name: 
	 	Title: 




 





	 	 	 
	 	COUNSEL CORPORATION
      (US)
	 
 	 
 	 
 
	 	By:  	 
	 	
      

      Name:
	 	Title: