alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and col lateral estoppel. This court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3.

** After examining the briefs and the appellate recor d, this three-judge panel has determined unanimously that oral argumentwould not be of material assistance in the determination of this appeal. Se e Fed. R. App. P. 34(a); 10th Cir. R. 34.1 (G). The cause is therefore ordered s ubmitted without oral argument. 

## F I L E D United States Court of Appeals Tenth Circuit 

### DEC 15 2000 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, vs. GUILLERMO RUIZ, Defendant - Appellant. No. 00-2150 (D.C. No. CR-99-1075-LH) (D.N.M.)

ORDER AND JUDGMENT *

Before BRORBY , KELLY , and MURPHY , Circuit Judges. **
Defendant-Appellant Guillermo Ruiz appeals from his sentence upon a plea of guilty to conspiracy to distribute more than 100 grams of heroin, contrary to 21 U.S.C. §§ 846, 841(b)(1)(B). Although Mr. Ruiz was determined to have an offense level of 19 and a criminal history categoryof II based upon 3 criminal history points, resulting in a guideline range of 3 3-41 months, he was sentenced- 2 -

to the mandatory minimum of 60 months and 4 years s upervised release required under the statute. He appeals from the district co urt’s denial of a downward departure that would make him eligible for the “saf ety valve” provision contained in 18 U.S.C. § 3553(f) and USSG § 5C1.2. Our juris diction arises under 18 U.S.C. § 3742(a) and we affirm. We review the district court’s interpretation of § 3553 and USSG § 5C1.2 de novo. United States v. Gigley , 213 F.3d 503, 505 (10th Cir. 2000). Section 3553(f) is plain and unambiguous on its face. The safety valve is available only to those defendants who do not have more than one c riminal history point. 18 U.S.C. § 3553(f)(1); USSG § 5C1.2. Mr. Ruiz was th erefore not eligible for the safety valve. United States v. Owensby , 188 F.3d 1244, 1246-47 (10th Cir. 1999). Even had the district court departed downward in an effort to more appropriately reflect Mr. Ruiz’s criminal history, Mr. Ruiz would still not have been eligible for the safety valve. Id. at 1246. AFFIRMED. Entered for the Court Paul J. Kelly, Jr. Circuit Judge
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Office of Science and Technology Policy

# AGENCY:

Office of Science and Technology Policy.

# ACTION:

Notice.

# SUMMARY:

The Office of Science and Technology Policy publishes the names of the members selected to serve on its SES Performance Review Board (PRB).

# DATES:

Membership is effective on the date of this notice to January 2024.

# FOR FURTHER INFORMATION CONTACT:

Ms. Stacy L. Murphy, Operations Manager, Office of Science and Technology Policy, 1650 Pennsylvania Ave. NW, Washington, DC 20504. Telephone 202-456-6123.

# SUPPLEMENTARY INFORMATION:

Section 4314(c) of Title 5, U.S.C. requires each agency to establish, in accordance with regulations prescribed by the Office of Personnel Management, one or more PRBs. The purpose of this PRB is to review and make recommendations concerning proposed performance appraisals, ratings, bonuses, pay adjustments, and other appropriate personnel actions for incumbents of the SES positions. The Board shall consist of at least three members and more than half of the members shall consist of career appointees. The names and titles of the PRB members are as follows:

Fred L. Ames, Assistant United States Trade Representative for Administration, United States Trade Representative;

Martha M. Gagne, Assistant Director, Operations, Office of National Drug Council Policy;

Michele C. Marx, Deputy Assistant Director, Office of Performance and Budget, Office of National Drug Council Policy;

Barbara A. Menard, Branch Chief, Health, Education, VA, and Social Programs (HEVS) Branch, Office of Management and Budget.

*Applicable Date:*                     Membership is effective on the date of this notice.                

Stacy Murphy,

Operations Manager.

[FR Doc. 2022-00802 Filed 1-14-22; 8:45 am]

BILLING CODE 3270-F9-P
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PAUL HARTSON FLETCHER, 

Plaintiff-Appellant, 

 v. 

UNITED STATES OF AMERICA, 

Defendant-Appellee.

No. 17-35936 

D.C. No. 6:15-cv-00104-DLC 

MEMORANDUM*

Appeal from the United States District Court

for the District of Montana

Dana L. Christensen, Chief Judge, Presiding

Submitted December 17, 2018**

Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges.

Paul Hartson Fletcher appeals pro se from the district court’s summary 

judgment in his Federal Tort Claims Act (“FTCA”) action alleging medical 

malpractice. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. 

Hutchinson v. United States, 838 F.2d 390, 392 (9th Cir. 1988). We affirm.

 

* 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

DEC 19 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-35936 

The district court properly granted summary judgment because Fletcher 

failed to adduce expert testimony and therefore failed to raise a genuine dispute of 

material fact as to whether defendant committed medical malpractice. See Jackson 

v. United States, 881 F.2d 707, 712 (9th Cir. 1989) (substantive state law applies in 

FTCA actions); Beehler v. E. Radiological Assocs., P.C., 289 P.3d 131, 136 (Mont. 

2012) (setting forth elements of a negligence claim under Montana law and 

declining to apply the “common knowledge” exception to the expert testimony 

requirement); Griffin v. Moseley, 234 P.3d 869, 875 (Mont. 2010) (“[A] plaintiff 

has the burden in a medical malpractice case of presenting evidence on the medical 

standard of care ‘by expert medical testimony unless the conduct complained of is 

readily ascertainable by a layman.’” (citation omitted)).

The district court did not abuse its discretion by denying Fletcher’s motions 

for appointment of counsel because Fletcher did not demonstrate any exceptional 

circumstances. See Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009) (setting 

forth standard of review and “exceptional circumstances” requirement).

We do not consider matters not specifically and distinctly raised and argued 

in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _ Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A2 0 E0 03 2

. SHEI LA D A RLENE HAR DE S T Y v . GEORGI A PROPERTY SOLUTI ONS 4 U, I NC.
Up o n co n s i d erat i on o f t h e APPELLANT’ S Em erg en cy M o t i o n fo r In ju n ct i o n i n t h e ab o v e s t y l ed cas e, i t i s o rd ered t h at t h e m o ti o n i s h ereb y DENIED as th e co u rt l ack s ju rd i s ct i on . See OCGA § 4 4 -7 -5 6

.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia C le r k ’ s O f f i c e , A t la n t a ,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti f y t h a t t h e a b o v e i s a t r u e e x t r a c t f r o m
t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i t n e s s m y s ig n a t u r e a n d t h e s e a l o f s a i d c o u r t h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. 

## March 09, 2020

03/09/2020
Exhibit 10.4


 


AMENDMENT NUMBER TWO TO AGREEMENT


 


This is the second amendment (“Amendment No. 2”)
to the AMENDED AND RESTATED PATENT LICENSE AGREEMENT (the “License Agreement”), between The Board of
Regents of The University of Texas System (“Board”) on behalf of The University of Texas Health Science Center
at Houston (“UTHSC-H”) and PLx Pharma Inc., a Texas corporation with its principal place of business at 8285
El Rio, Suite 130, Houston, Texas 77054 (“PLx”), with an Effective Date of December 11, 2009. Board,
UTHSC-H, and PLx may individually be referred to as Party or collectively as the Parties. All capitalized or bolded
terms used in this Amendment No. 2 and not otherwise defined herein shall have the meanings assigned to those terms in the
License Agreement.


 


WHEREAS, the parties entered into a the License Agreement,
which such License Agreement was amended by the Amendment Number One To Agreement dated April 15, 2011; and,


 


The parties hereby desire to further amend the License Agreement;


 


Now, therefore, the parties do hereby agree as follows:


 


Section 4.6 shall be amended and restated in its entirety as
follows:


 


		4.6	Reasonable commercial diligence shall require that PLx:



		a.	On or before [*], submit an NDA for a Licensed
Product; and;



		b.	On or before [*], Sell or offer for Sale
a Licensed Product.



 


Except as expressly provided in this Amendment No. 2,
all other terms, conditions and provisions of the License Agreement shall continue in full force and effect as provided
therein.


 


(Signature Page Follows)


 


Amendment No. 2 to Patent License Agreement


The University of Texas System and PLx Pharma, Inc.


 




    	 	Page 1 of 2	 



     


    

  


	On Behalf of the Board of Regents of The University
    of Texas System	 	PLX PHARMA INC.
	 	 	 	 
	By:	/s/ T. Kevin
    Dillon	 	By: 	/s/ Ronald
    R. Zimmerman
	T. Kevin Dillon	 	Ronald R. Zimmerman
	Senior Executive  Vice President, Chief
    Operating and Financial  Officer	 	President and Chief Executive Officer
	University of Texas Health Science Center at Houston	 	 
	 	 	 	 	 
	Date:	12/9/11	 	Date: 	12/17/11


 


	Read and Understood:	 	 
	 	 	 
	By:	/s/ Lenard M. Lichtenberger	 	 
	Lenard M. Lichtenberger Ph.D.	 	 
	Inventor	 	 
	 	 	 
	Date: 	11/30/11	 	 


 





Amendment No. 2 to Patent License Agreement


The University of Texas System and PLx Pharma, Inc.


 








    	 	Page 2 of 2
```

[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Page 73611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29647]

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

 AGENCY FOR INTERNATIONAL DEVELOPMENT

Notice of Public Information Collections Being Reviewed by the 
U.S. Agency for International Development; Comments Requested

SUMMARY: U.S. Agency for International Development (USAID) is making 
efforts to reduce the paperwork burden. USAID invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following proposed and/or continuing information collections, as 
required by the Paperwork Reduction Act for 1995. Comments are 
requested concerning: (a) Whether the proposed or continuing 
collections of information are necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; (b) the accuracy of the burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.

DATES: Submit comments on or before February 11, 2013.

FOR FURTHER INFORMATION CONTACT: Sylvia Joyner, Bureau for Management, 
Office of Management Services, Information and Records Division, U.S. 
Agency for International Development, Room 2.07C, RRB, Washington, DC, 
20523, (202) 712-5007 or via email sjoyner@usaid.gov.

ADDRESSES: Send comments via email at jltaylor@usaid.gov, U.S. Agency 
for International Development, Office of Acquisition and Assistance, 
1300 Pennsylvania Avenue NW., SA-44 Room 897-C, Washington DC 20523, 
202-712-1752.

SUPPLEMENTARY INFORMATION:
    OMB No: OMB 0412-0549.
    Form No.: AID 302-3.
    Title: Offeror Information for Personnel Services Contracts.
    Type of Review: A New Information Collection.
    Purpose: United States Agency for International Development must 
collect information for reporting purposes to Congress and Office of 
Acquisition and Assistance Contract Administration. This collection is 
to gather information from applicants applying for personal services 
contractor positions. This form will be utilized to collect information 
to determine the most qualified person for a position without gathering 
information which may lead to discrimination or bias information 
towards or gathered from applicant.

Annual Reporting Burden

    Respondents: 5000.
    Total annual responses: 10,000.
    Total annual hours requested: 10,000 hours.

    Dated: December 4, 2012.
Lynn Winston,
Information and Records Division, U.S. Agency for International 
Development.
[FR Doc. 2012-29647 Filed 12-10-12; 8:45 am]
BILLING CODE P
```
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

TKF CONVEYOR SYSTEMS, LLC, : Case No. 1:17-cv-00707-TSB
Plaintiff, Judge Timothy S. Black
vs. :
PELLA CORPORATION,
Defendant.
ORDER OF DISMISSAL

This matter, having been settled by and between the Parties, it is ORDERED that this
action is DISMISSED with prejudice.

The Court expressly and explicitly retains jurisdiction to enforce the settlement
agreement of the Parties.

IT IS SO ORDERED.

Date: | it fimbbun 2 ‘ Chk
Judge Timothy & Black
##### 



EXHIBIT
10.3
 VERSO TECHNOLOGIES, INC.
RESTRICTED STOCK AWARD AGREEMENT
 RESTRICTED STOCK AWARD AGREEMENT Agreement   Company   Participant
 Award  Shares Common Stock
 Vesting
 On Each ofthe Following Dates
    
    Percentage of Shares Vested
 Restrictions on Transfer
 Forfeiture; Early Vesting




---



##### 



Distributions and Adjustments
   Miscellaneous
 Issuance of Shares
 Income Tax Matters
 Entire Agreement; Plan Provisions Control
 - 2 -




---



##### 



No Right to Employment
 Governing Law
 Severability
 No Trust or Fund Created
 Headings
 - 3 -




---



##### 



Notices
 Conditions Precedent to Issuance of Shares
 Consultation With Professional Tax and Investment Advisors
  - 4 -




---



##### 



IN WITNESS WHEREOF,
 VERSO TECHNOLOGIES, INC.By:Name:Title:
 PARTICIPANT:By:Name:Title:Address:
 - 5 -
```

[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Notices]
[Pages 2177-2178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00613]

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

DEPARTMENT OF JUSTICE

Antitrust Division

Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--ODVA, Inc.

    Notice is hereby given that, on January 4, 2022, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), ODVA, Inc. (``ODVA'') has 
filed written notifications simultaneously with the Attorney General 
and the Federal Trade Commission disclosing changes in its membership. 
The notifications were filed for the purpose of extending the Act's 
provisions limiting the recovery of antitrust plaintiffs to actual 
damages under specified circumstances. Specifically, Asyril SA, Villaz-
St-Pierre, SWITZERLAND; Guangdong OPT Technology Co., Ltd., Dongguan, 
PEOPLE'S REPUBLIC OF CHINA; Roboteq, Inc., Scottsdale, AZ; Uson L.P., 
Houston, TX; and Shanghai JAKA Robotics Ltd., Shanghai, PEOPLE'S 
REPUBLIC OF CHINA, have been added as parties to this venture.
    Also, Acuity Brands, Inc., Conyers, GA; Lanmark Controls Inc., 
Londonderry, NH; Tokyo Keiso Co., Ltd., Tokyo, JAPAN; Hangzhou Hikrobot 
Technology Co., Ltd., Hangzhou, PEOPLE'S REPUBLIC OF CHINA; Bayshore 
Networks, Inc., Durham, NC; and FACTS, Inc., Cuyahoga Falls, OH, have 
withdrawn as parties to this venture.
    In addition, JANOME Corporation has changed its name to Janome 
Sewing Machine Co., Ltd., Tokyo, JAPAN; KEBA Industrial Automation GmbH 
to KEBA AG, Linz, AUSTRIA; and NTI AG to LinMot, Spreitenbach, 
SWITZERLAND.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and ODVA intends to file additional 
written notifications disclosing all changes in membership.
    On June 21, 1995, ODVA filed its original notification pursuant to 
Section 6(a) of the Act. The Department of Justice published a notice 
in the Federal Register pursuant to Section 6(b) of the Act on February 
15, 1996 (61 FR 6039).

[[Page 2178]]

    The last notification was filed with the Department on October 5, 
2021. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on October 22, 2021 (86 FR 58690).

Suzanne Morris,
Chief, Premerger and Division Statistics, Antitrust Division.
[FR Doc. 2022-00613 Filed 1-12-22; 8:45 am]
BILLING CODE 4410-11-P
```
I 

111TH CONGRESS 

2D SESSION H. R. 4439 

To amend the Internal Revenue Code of 1986 to impose the same rate 

of tax on pipe tobacco as is imposed on roll-your-own tobacco. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2010 

Mr. COHEN (for himself and Mr. DOGGETT) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to impose 

the same rate of tax on pipe tobacco as is imposed 

on roll-your-own tobacco. 

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 ‘‘Tobacco Tax Parity 

5 Act of 2010’’. 

6 SEC. 2. PIPE TOBACCO AND ROLL-YOUR-OWN TOBACCO 

7 RATE PARITY. 

8 (a) IN GENERAL.—Subsection (f) of section 5701 of 

9 the Internal Revenue Code of 1986 is amended by striking 

10 ‘‘$2.8311 cents’’ and inserting ‘‘$24.78’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 4439 IH

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

2 this section shall apply to articles removed (as defined in 

3 section 5702(j) of the Internal Revenue Code of 1986) 

4 after the date of the enactment of this Act. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
<PAGE>

                                                                  EXHIBIT 10.155

               Second Amendment to Registration Rights Agreement
               -------------------------------------------------

     This Second Amendment to Registration Rights Agreement, dated as of
December 5, 2000, among Pharmaceutical Product Development, Inc., a North
Carolina corporation (the "Company"), and Fredric N. Eshelman, Ernest Mario, and
John A. McNeill, Jr. (collectively, the "Holders"), amends that certain
Registration Rights Agreement (the "Agreement") dated January 24, 1996, among
the Company, the Holders and others, as amended.  Capitalized terms herein shall
have meaning ascribed to them in the Agreement unless otherwise expressly
indicated herein.

     WHEREAS, the Holders hold a majority of the Registrable Stock entitled to
Registration under the terms of the Agreement; and

     WHEREAS, the Agreement expires on December 31, 2000, and the Holders and
the Company desire to extend the term of the Agreement for an additional one
year.

     NOW, THEREFORE, for and in consideration of the covenants herein and other
good and valuable consideration, receipt of which is hereby acknowledged, it is
agreed by the parties that Section 13 of the Agreement is amended by changing
the date stated therein from December 31, 2000 to December 31, 2001.

     The Agreement, as amended herein, shall continue in full force and effect.

     IN WITNESS WHEREOF, the parties have caused this Second Amendment to be
executed as the date first hereinabove stated.


PHARMACEUTICAL PRODUCT DEVELOPMENT, INC.


By:   /s/ Fred B. Davenport, Jr.
    ----------------------------
Name: Fred B. Davenport, Jr.
Title:  Vice President

 /s/ Fredric N. Eshelman
------------------------
Fredric N. Eshelman


 /s/ Ernest Mario
-----------------
Ernest Mario


/s/ John A. McNeill, Jr.
------------------------
John A. McNeill, Jr.
**Exhibit 32.2**

 

**ZORAN CORPORATION**

**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 Zoran Corporation (the “Company”)on Form 10-K for the period ended December 31, 2004, as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,Karl Schneider, Senior Vice President, Finance and Chief Financial Officer ofthe Company, hereby certify, pursuant to 18 U.S.C.  Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)                                  The Report fullycomplies with the requirements of Section 13(a) of the Securities ExchangeAct of 1934; and

 

(2)                                  The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and result of operations of the Company.

 

A signed original of this written statement required bySection 906 has been provided to Zoran Corporation and will be retained byZoran Corporation and furnished to the Securities and Exchange Commission orits staff upon request.

 
|                  | /s/ Karl Schneider                 |
|-----------------------|------------------------------------|
|                  | Karl Schneider                     |
|                  | Senior Vice President, Finance and |
| Dated: March 31, 2005 | Chief Financial Officer            |

 

----
Exhibit 23.1

 

Consent of Ernst & Yount LLP, Independent Auditors

 

We consent to the incorporation by reference in the Registration Statements (Form S-8Nos. 333-21825 and 333-21827) pertaining to the 1995 Stock Option Plan and the StockOption Plan for Non-Employee Directors, respectively, of Point West Capital Corporation ofour report dated March 13, 2001, with respect to the consolidated financial statements ofPoint West Capital Corporation included in this Annual Report (Form 10-K) for the yearended December 31, 2000, filed with the Securities and Exchange Commission

 

> 
/s/Ernst & Yound LLP

 

San Francisco, California March 13, 2001