alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

AUGUST 9, 2005

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

 

No. 03-14815

 

D. C. Docket No. 02-00017-CR-FTM-29-DNF 

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

versus

MARK LEE FOREMAN,

 Defendant-Appellant.

 

Appeal from the United States District Court

for the Middle District of Florida 

 

(August 9, 2005)

Before TJOFLAT, PRYOR and ALARCON*, Circuit Judges.

____________________

*Honorable Arthur L. Alarcon, United States Circuit Judge for the Ninth Circuit, sitting

by designation. 
 11th Cir. R. 36-1 provides: 1

When the court determines that any of the following circumstances exist:

(a) judgment of the district court is based on findings of fact that are not clearly

erroneous;

(b) the evidence in support of a jury verdict is sufficient;

(c) the order of an administrative agency is supported by substantial evidence on the

record as a whole;

(d) summary judgment, directed verdict, or judgment on the pleadings is supported

by the record;

(e) judgment has been entered without a reversible error of law; and an opinion

would have no precedential value, the judgment or order may be affirmed or

enforced without opinion.

2

PER CURIAM:

AFFIRMED. See 11th Cir. R. 36-1.1
Order entered March 13, 2020

In The 

### Court of Appeals Fifth District of Texas at Dallas
No. 05
- 19
- 01388
- CV TARSHA HARDY, Appellant

V. COMMUNICATION WORKER S OF AMERICA, INC., ET AL., Appellee s

On Appeal from the 14th Judicial District Court

Dallas County, Texas Trial Court Cause No. DC
- 15
- 04027

ORDER Before the Court is appellant’s third motion for an extension of time to file her brief on the merits and appellees’ response opposing the motion. Although the Court provided appellant with copies of the clerk’s and reporter’s records on a CD

ROM, appellant asserts in her motion that she does not have access to a computer with a CD

- ROM drive and, therefore, cannot file her brief . We GRANT appellant’ s motion as follows. Appellant may obtain from the Clerk of this Court either (1) a free copy of the records on a flash drive or (2) a paper copy of therecords at a cost to appellant of ten cents per page. Appellant shall file her brief on

the merits WI THIN THIRTY DAYS of the date of this order. We caution appellant that further extension requests will be strongly disfavored and that failure to file a brief by the due date may result in dismissal of the appeal for want of prosecution without further not ice

. See T EX
. R. A PP
. P. 38.8(a)(1).

/s/ ERIN A. NOWELL JUSTICE
**Exhibit 23.1**

 

 

**Consent of Independent Auditors**

 

We consent to the incorporation by reference in theRegistration Statements (Form S-3 No. 333-108325, Form S-3 No. 333-66047 and Form S-3 No. 333-52696) and in the related Prospectuses, in the Registration Statement (Form S-8 No. 33-71346) pertaining to the Amended and Restated 1991 Stock OptionPlan, in the Registration Statement (Form S-8 No. 33-71350) pertaining to the 1992 Stock Option Plan, in the Registration Statement (Form S-8 No. 33-80213) pertaining to the 1994 Stock Option Plan, in the Registration Statement (Form S-8 No.33-80215) pertaining to the 1995 Stock Option Plan, in the Registration Statement (Form S-8 No. 333-16349) pertaining to the 1996 Stock Option Plan, in the Registration Statement (Form S-8 No. 333-28971) pertaining to the Houston BiotechnologyIncorporated Replacement Stock Option Plan, the Houston Biotechnology Incorporated 1994A Stock Option Plan, and the Houston Biotechnology Incorporated 1992 Subordinated Stock Option Plan, in the Registration Statement (Form S-8 No. 333-86117)pertaining to the 1997 Stock Option Plan, in the Registration Statement (Form S-8 No. 333-86119) pertaining to the 1999 Stock Option Plan, in the Registration Statement (Form S-8 No. 333-39084) pertaining to the 2000 Stock Option Plan, in theRegistration Statement (Form S-8 No. 333-55222) pertaining to the 2000 Non-Director/Officer Employee Stock Option Plan, in the Registration Statement (Form S-8 No. 333-55224) pertaining to the 2001 Non-Director/Officer Employee Stock Option Plan, inthe Registration Statement (Form S-8 No. 333-72154) pertaining to the 2001 Stock Option Plan, in the Registration Statement (Form S-8 No. 333-101698) pertaining to the 2002 New Employee Stock Option Plan, in the Registration Statement (Form S-8 No.333-91394) pertaining to the 2002 Employee Stock Purchase Plan, in the Registration Statement (Form S-8 No. 333-91392) pertaining to the 2001 Stock Option Plan and in the Registration Statement (Form S-8 No. 333-108294) pertaining to the 2001 StockOption Plan of our report dated February 20, 2004 with respect to the consolidated financial statements of Medarex, Inc. included in this Annual Report (Form 10-K) for the year ended December 31, 2003. 

 

 

/s/    ERNST & YOUNG LLP 

 

 

MetroPark, New Jersey 

March 10, 2004
**Exhibit
32.1**
 
 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 Annual Report of PLM Equipment Growth Fund VI (the
“Partnership”), on Form 10-KSB for the year ended December 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
the undersigned, the President of the General Partner and of the Partnership,
hereby certifies pursuant to 18 U.S.C. §1350 as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 that:
 
 (1)  the
Report of the Partnership filed today 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
Partnership.
 
 
 
 
 /s/
James A. Coyne
 James A.
Coyne
 President
of PLM Financial Services, Inc.
 March 29,
2005
EXHIBIT 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in the Registration Statements on Forms S-3 (Nos. 333-108320,
333-112541, 333-122418 and 333-134464) and Forms S-8 (Nos. 33-43716, 33-71920, 333-02888,
333-69591, 333-89909, 333-87421, 333-52640, 333-43104, 333-89228, 333-89230, 333-106112,
333-106115, 333-118611, 333-134462, 333-134463 and 333-147374) of Cephalon, Inc. of our report dated February 28, 2008,
relating to the financial statements, financial statement schedule and the effectiveness of internal control over financial reporting, which appears in this Form 10-K.

|/s/ PricewaterhouseCoopers LLP               |  | 
|-------------------------------------------- |  | 
|Philadelphia, Pennsylvania
February 28, 2008 |  | 

---



QuickLinks
exv10w8







Exhibit 10.8




FIRST AMENDMENT TO THE

TREEHOUSE FOODS, INC.

2008 INCENTIVE PLAN




     WHEREAS, TreeHouse Foods, Inc. (the “Company”), maintains the TreeHouse Foods, Inc. 2008
Incentive Plan (the “Plan”); and



     WHEREAS, pursuant to Section 7 of the Plan, the Compensation Committee of the Board of
Directors of the Company now desires to amend the Plan for documentary compliance with Internal
Revenue Code Section 409A.



     NOW, THEREFORE, Section 6F of the Plan is amended, effective January 1, 2008, to read as
follows:




	 	“F. 	 	 Payment Form and Timing
	 
	 	 	 	All payments under the Plan shall be made in the form of a single
lump sum and shall be paid no later than May 31 following the close
of the Plan Year for which the Performance Goals relate.
	 
	 	 	 	Notwithstanding the preceding paragraph, any payments made following
a Participant’s return to Active Employment after a leave of
absence, which ends after May 31 following the close of the Plan
Year for which the Performance Goals relate, shall be due and
payable within 30 days of such return to Active Employment, but in
no event later than March 15 following the close of the Plan Year in
which the Participant returns from such leave of absence.
	 
	 	 	 	Payment of incentive awards shall be made in accordance with
accepted Company payroll practices. All required taxes, income
withholding, and other deductions shall be withheld.”





     IN WITNESS WHEREOF, the Compensation Committee of the Board of Directors of the Company,
acting by and through the Company’s General Counsel and Chief Administrative Officer, has caused
this First Amendment to be executed as of the 7 day of November, 2008.



	 	 	 	 	 
	 	 	TreeHouse Foods, Inc.
	 
	 	 	 	 
	 

	 	By:	 	/s/ Thomas E. O’Neill 
	 

	 	 	 	 
	 
	 	 	 	 
	 	 	Its: General Counsel and Chief Administrative Officer
CERTIFICATE OF ACCREDITATION

ANSI-ASQ National Accreditation Board/ACLASS

500 Montgomery Street, Suite 625, Alexandria, VA 22314, 877-344-3044

This is to certify that

SGS, Oil, Gas & Chemicals Services

1201A West 8th Street

Deer Park, TX 77536

has been assessed by ACLASS

and meets the requirements of international standard

ISO/IEC 17025:2005

while demonstrating technical competence in the field(s) of

TESTING

Refer to the accompanying Scope(s) of Accreditation for information regarding the 

types of tests to which this accreditation applies.

AT-1238

 Certificate Number

 ACLASS Approval

Certificate Valid: 08/25/2012-08/25/2014

Version No. 003 Issued: 09/13/2012

 

This laboratory is accredited in accordance with the recognized International Standard ISO/IEC 17025:2005. This 

accreditation demonstrates technical competence for a defined scope and the operation of a laboratory quality 

management system (refer to joint ISO-ILAC-IAF Communiqué dated January 2009).
EPA- HQ - OW -2014-0598-DRAFT-08 22 SGE0 10 16 .A0 3 Insert page File sent on CD
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           2,754
<SECURITIES>                                     1,411
<RECEIVABLES>                                      363
<ALLOWANCES>                                        25
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 4,875
<PP&E>                                           2,556
<DEPRECIATION>                                   2,266
<TOTAL-ASSETS>                                   7,207
<CURRENT-LIABILITIES>                              996
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           273
<OTHER-SE>                                       5,923
<TOTAL-LIABILITY-AND-EQUITY>                     7,207
<SALES>                                          1,045
<TOTAL-REVENUES>                                 3,538
<CGS>                                                0
<TOTAL-COSTS>                                    1,408
<OTHER-EXPENSES>                                 2,588
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (241)
<INCOME-PRETAX>                                  (217)
<INCOME-TAX>                                     (202)
<INCOME-CONTINUING>                              (202)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,202)
<EPS-BASIC>                                     (0.17)
<EPS-DILUTED>                                   (0.17)


</TABLE>
#### PENNINGTON v. STATE.

No. 20220.

Court of Criminal Appeals of Texas.

March 1, 1939.

Eugene F. Mathis, of San Angelo, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

GRAVES, Judge.

The offense is possession of intoxicating liquor for purposes of sale in a dry area, the punishment assessed being a fine of $150.

The record is before us without a statement of facts or bills of exception. All matters of procedure appear to be in proper form.

The judgment is affirmed.
### -82 -81 -80 -79 -78 -77 -76 -75

36 37 38 39 40 

## ★ ▲ ▲ ▲ ▲



## ★ ▲ ▲ ▲ ▲ 

### 500 1000 1500 100 18 12 06 00 06/27 

## NOAA HYSPLIT MODEL 

# Backward trajectory ending at 2300 UTC 27 Jun 07

EDAS Meteorological DataSource★at 38.86 N 77.06 WMeters AGL 

## ★ ■ ■ ■ ■



## ★ ■ ■ ■ ■ 

## ★ ● ● ● ●



## ★ ● ● ● ●
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7166

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JING PING LI, Defendant - Appellant.Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CR-92-188-2, CA-96-1208-2) Submitted: January 30, 1998 Decided: July 9, 1998 Before WIDENER and ERVIN, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion.Andrew Robert Sebok, Norfolk, Virginia, for Appellant. James Ashford Metcalfe, Assistant United States Attorney, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Jing Ping Li seeks to appeal the district court's order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Li , Nos. CR-92-188-2; CA-96-1208-2 (E.D. Va. July 29, 1997). We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          33,536
<SECURITIES>                                         0
<RECEIVABLES>                                      869
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                35,112
<PP&E>                                          68,333
<DEPRECIATION>                                  31,070
<TOTAL-ASSETS>                                 239,307
<CURRENT-LIABILITIES>                            4,591
<BONDS>                                        332,379
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            11
<OTHER-SE>                                   (103,307)
<TOTAL-LIABILITY-AND-EQUITY>                   239,307
<SALES>                                              0
<TOTAL-REVENUES>                                 5,573
<CGS>                                           12,792
<TOTAL-COSTS>                                   12,792
<OTHER-EXPENSES>                                   175
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               9,475
<INCOME-PRETAX>                               (16,605)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (16,605)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (16,605)
<EPS-BASIC>                                     (2.42)
<EPS-DILUTED>                                   (2.42)


</TABLE>
<PAGE>

                                                                    EXHIBIT 32.2

                  CERTIFICATIONS OF THE CHIEF FINANCIAL OFFICER
               UNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

       In connection with the filing by National Quality Care, Inc. (the "Small
Business Issuer") of its Annual Report on Form 10-KSB for the fiscal year ended
December 31, 2005 (the "Annual Report") with the Securities and Exchange
Commission, I, Victor Gura, Chief Financial Officer of the Small Business
Issuer., certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
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 the Small Business Issuer as of, and for, the periods presented in
          such report.

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


DATED:  APRIL 28, 2006                              BY:  /S/ VICTOR GURA
                                                       -----------------------
                                                            VICTOR GURA
                                                       CHIEF FINANCIAL OFFICER
Exhibit 32.1

                            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 AFG Enterprises, Inc. (the "Company")
on Form 10-QSB for the period ended March 31, 2004 as filed with the  Securities
and  Exchange   Commission  on  the  date  hereof  (the  "Report"),   We,  Erich
Spangenberg,  Chief  Executive  Officer and William P.  Stelt,  Chief  Financial
Officer certify,  pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906
of the Sarbanes-Oxley Act of 2002, that:

      (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 result of  operations of the
Company.


Dated: May 13, 2005                    By:/s/Erich Spangenberg
                                       -----------------------
                                       Chief Executive Officer


                                       By:/s/William P. Stelt
                                       ----------------------
                                       Chief Financial Officer
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 237 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                 S. 237

  To amend Rule 11 of the Federal Rules of Civil Procedure to improve 
            attorney accountability, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2017

Mr. Grassley (for himself and Mr. Rubio) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend Rule 11 of the Federal Rules of Civil Procedure to improve 
            attorney accountability, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lawsuit Abuse Reduction Act of 
2017''.

SEC. 2. ATTORNEY ACCOUNTABILITY.

    (a) Sanctions Under Rule 11.--Rule 11(c) of the Federal Rules of 
Civil Procedure is amended--
            (1) in paragraph (1), by striking ``may'' and inserting 
        ``shall'';
            (2) in paragraph (2), by striking ``Rule 5'' and all that 
        follows through ``motion.'' and inserting ``Rule 5.''; and
            (3) in paragraph (4), by striking ``situated'' and all that 
        follows through the end of the paragraph and inserting 
        ``situated, and to compensate the parties that were injured by 
        such conduct. Subject to the limitations in paragraph (5), the 
        sanction shall consist of an order to pay to the party or 
        parties the amount of the reasonable expenses incurred as a 
        direct result of the violation, including reasonable attorneys' 
        fees and costs. The court may also impose additional 
        appropriate sanctions, such as striking the pleadings, 
        dismissing the suit, or other directives of a non-monetary 
        nature, or, if warranted for effective deterrence, an order 
        directing payment of a penalty into the court.''.
    (b) Rule of Construction.--Nothing in this Act or an amendment made 
by this Act shall be construed to bar or impede the assertion or 
development of new claims, defenses, or remedies under Federal, State, 
or local laws, including civil rights laws, or under the Constitution 
of the United States.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF IMC MORTGAGE FOR THE NINE MONTHS ENDED SEPTEMBER 30,
1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          19,208
<SECURITIES>                                         0
<RECEIVABLES>                                   71,087
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                          10,156
<DEPRECIATION>                                   8,011
<TOTAL-ASSETS>                                 993,587
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     39,541
<COMMON>                                           342
<OTHER-SE>                                     (56,514)
<TOTAL-LIABILITY-AND-EQUITY>                   993,587
<SALES>                                         37,377
<TOTAL-REVENUES>                               110,400
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               321,862
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              80,477
<INCOME-PRETAX>                               (259,448)
<INCOME-TAX>                                     5,419
<INCOME-CONTINUING>                           (264,867)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (264,867)
<EPS-BASIC>                                      (7.81)
<EPS-DILUTED>                                    (7.81)


</TABLE>