alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 20559 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

JAMAL KHATTAB

,

Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12

- CR

- 514

- 1

Before REAVLEY, SMITH, and GRAVES, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Jamal Khattab has moved for leave

to withdraw and has filed a brief in accordance with Anders v. California , 386
U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011).

Khattab h a s not filed a response. We have reviewed counsel’s brief and the
relevant portions of the record reflected therein. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 2 1 , 2015
Lyle W. Cayce Clerk Case: 14-20559 Document: 00513012832 Page: 1 Date Filed: 04/21/2015No. 14

- 20559

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is

excused from f urther responsibilities herein, and the APPEAL IS DISMISSED.

See 5 TH C IR

. R. 42.2.

2 Case: 14-20559 Document: 00513012832 Page: 2 Date Filed: 04/21/2015
Exhibit 10.1

                    AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT

         This AMENDMENT NO. 3 made as of the 30th day of May, 2002, to the
Employment Agreement made as of the 20th day of November, 1998 (as amended,
the "Agreement"), between UNITED RETAIL GROUP, INC., a Delaware corporation,
with principal offices at 365 West Passaic Street, Rochelle Park, New Jersey
07662-6563 and RAPHAEL BENAROYA, residing at 179 Lincoln Street, Englewood, NJ
07631.

         WHEREAS, the Executive has been employed by the Company as its
Chairman of the Board, President and Chief Executive Officer;

         WHEREAS, the Company desires to continue the services of the
Executive, and the Executive desires to continue to provide such services to
the Company, on the terms set forth in the Agreement; and

         WHEREAS, the provisions of this Amendment were recommended by the
Compensation Committee of the Company's Board of Directors on May 30, 2002 and
approved by the Company's Board of Directors on May 30, 2002 with the
Executive abstaining.

         NOW, THEREFORE, in consideration of the mutual covenants and
obligations hereinafter set forth, the parties hereto, intending to be legally
bound, hereby agree as follows:

1.  A Section 14(i) shall be added to the Agreement reading in its entirety
    as follows:

         "The definition in Section 4(a) to the contrary notwithstanding, the
         term `Base Salary' for purposes of Section 14(c) and Section 14(d)
         shall include both the base salary drawn by the Executive and any
         additional amount of base salary that he may have been entitled to
         draw pursuant to the terms of this Agreement but that he shall not
         have drawn. For example, during Fiscal 2002, `Base Salary' for
         purposes of Section 14(c) and Section 14(d) shall be deemed to be
         $633,000 per annum."

2.  All the other provisions of the Agreement shall remain in force unchanged.

         IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement in Rochelle Park, New Jersey, in duplicate originals on May 30,
2002.

                                       UNITED RETAIL GROUP, INC.


                                       By: /s/ George R. Remeta
                                           --------------------------------
                                       Name:  George R. Remeta
                                       Title: Chief Administrative Officer


                                       /s/ Raphael Benaroya
                                       ------------------------------------
                                       Raphael Benaroya

RB Amend No 3
KPC:jmt
CERTIFICATION
  1.
    
    I have reviewed this quarterly report on Form 10-Q of PowerSecure International, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:




---



##### 



5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
   Date:  November 5, 2009
    /s/ Christopher T. HutterChristopher T. HutterVice President, Chief Financial Officer,
Treasurer and Assistant Secretary
##### 



Exhibit 31.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO RULE 13a-14(a)/
RULE 15d-14(a) OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED
CERTIFICATION I, Peter Gyenes, certify that:  1.
    
    I have reviewed this Annual Report on Form 10-K/A of Ascential Software Corporation;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;3.
    
    [Intentionally omitted since the information to which this paragraph relates is not included
in this Annual Report on Form 10-K/A];4.
    
    [Intentionally omitted since the information to which this paragraph relates is not included
in this Annual Report on Form 10-K/A]; and5.
    
    [Intentionally omitted since the information to which this paragraph relates is
not included in this Annual Report on Form 10-K/A]. /s/ Peter GyenesPeter GyenesChief Executive Officer(Principal Executive Officer)
 Date: April 22, 2005
Case: 1:18-mc-00008-SJD-KLL Doc #: 8 Filed: 09/06/18 Page: 1 of 1 PAGEID #: 30

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO AT * howell

GAREY E. LINDSAY, Regional Director of the
Ninth Region of the National Labor Relations Board,
For and On Behalf of the NATIONAL LABOR
RELATIONS BOARD — Snes
Applicant g, ss) a £
v. Civil No. 1:18-mc-00008

ROBERT INGRAM, AN INDIVIDUAL
Respondent

MOTION TO WITHDRAW

To the Honorable Magistrate Judge Litkovitz:

The Applicant respectfully requests to withdraw its Application for Order Requiring
Respondent’s Obedience to Subpoena Ad Testificandum. Respondent appeared before an agent of
the National Labor Relations Board on September 5, 2018 and provided the sworn testimony
sought by the subpoena. Therefore, a court order is no longer necessary.

Dated: September 9, 2018

Respectfully Submitted,
/s/ Erik Brinker

Erik Brinker

Attorney for Applicant

Region 9, National Labor Relations Board
3003 John Weld Peck Federal Building
550 Main Street

Cincinnati, Ohio 45202-3271

Phone: (513) 684-3633

Fax: (513) 684-3946

Email: erikbrinker@nIrb.gov
Ohio Bar No. 0092227
SHANE COREY GRIFFIN,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D15-3195

_____________________________/

Opinion filed November 3, 2015.

An appeal from an order of the Circuit Court for Alachua County.

Mark W. Moseley, Judge.

Shane Corey Griffin, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

RAY, OSTERHAUS, AND WINOKUR, JJ., CONCUR
Case: 2:18-cr-00027-EAS Doc #: 117 Filed: 03/12/19 Page: 1 of 11 PAGEID #: 577
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Case: 2:18-cr-00027-EAS Doc #: 117 Filed: 03/12/19 Page: 11 of 11 PAGEID #: 587
1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

IN RE: DAVOL, INC./C.R. BARD, 

INC., POLYPROPYLENE HERNIA 

MESH PRODUCTS LIABILITY 

LITIGATION

This document relates to: 

ALL ACTIONS.

 Case No. 2:18-md-2846

 JUDGE EDMUND A. SARGUS, JR.

 Magistrate Judge Kimberly A. Jolson

CASE MANAGEMENT ORDER NO. 35

On August 17, 2022, a Case Management Conference was held in this multidistrict 

litigation. This order memorializes developments in the third and fourth bellwether cases, Case 

No. 18-cv-1022, Stinson v. Davol, Inc. et al. and Case No. 18-cv-1440, Bryan v. C.R. Bard, Inc. et 

al.

Trial in Stinson is set to begin on February 23, 2023. Trial in Bryan is set to begin on 

May 15, 2023. The first week of each trial will consist of 5 days of trial, or Monday through 

Friday. In the following weeks trial will be held Monday through Thursday, for a total of 4 trial 

days each week. Excluding voir dire, preliminary and final jury instructions, and opening and 

closing arguments, each side will be allowed 35 hours of trial time for the presentation of 

testimony and any time spent cross-examining the other side’s witnesses. Time spent on 

objections, unless otherwise noted, will not count against either side’s time. The parties will 

submit to the Court proposed agreed trial scheduling orders by August 31, 2022.

The PSC shall submit any motion regarding the amendment of the Master Complaint to 

add Becton Dickinson as a defendant by September 7, 2022. Defendants shall respond by 

September 21, 2022. Plaintiffs may submit a reply by September 28, 2022.

Case: 2:18-md-02846-EAS-KAJ Doc #: 656 Filed: 08/17/22 Page: 1 of 2 PAGEID #: 7960
2

The next in-person Case Management Conference with the participation of defense counsel 

and the PSC will be held on October 4, 2022, at 10:00 A.M.

IT IS SO ORDERED.

8/17/2022 s/Edmund A. Sargus, Jr.

DATE EDMUND A. SARGUS, JR.

UNITED STATES DISTRICT JUDGE

Case: 2:18-md-02846-EAS-KAJ Doc #: 656 Filed: 08/17/22 Page: 2 of 2 PAGEID #: 7961
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS CONTAINED IN THE COMPANY'S FORM 10-QSB FOR THE PERIOD ENDED SEPTEMBER
30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       1,053,892
<SECURITIES>                                         0
<RECEIVABLES>                                3,173,193
<ALLOWANCES>                                   120,401
<INVENTORY>                                  2,885,708
<CURRENT-ASSETS>                             8,012,633
<PP&E>                                       3,270,861
<DEPRECIATION>                               1,967,382
<TOTAL-ASSETS>                              17,976,789
<CURRENT-LIABILITIES>                        2,026,739
<BONDS>                                        226,434
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       123,113
<OTHER-SE>                                  15,600,503
<TOTAL-LIABILITY-AND-EQUITY>                17,976,789
<SALES>                                     14,860,802
<TOTAL-REVENUES>                            15,176,049
<CGS>                                        9,400,021
<TOTAL-COSTS>                               14,740,930
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              75,654
<INCOME-PRETAX>                                359,465
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            359,465
<DISCONTINUED>                             (2,009,347)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,649,882)
<EPS-PRIMARY>                                   (0.13)
<EPS-DILUTED>                                   (0.13)
        

</TABLE>
EXHIBIT 31.2
 Certification of Chief Financial Officer
Pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Abaxis, Inc.;
 2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;
 3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;
 4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and we have:
     5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
   Date: August 10, 2009
    /s/ Alberto R. Santa InesAlberto R. Santa InesChief Financial Officer and Vice President of Finance
Materials Not Included in

AirwiOrthiness Directive (AD) DiOcket

Docket Number: FAA- 2009-1227

Directorate Identifier: 2009NM119AD

A604-24-017, R01 --- 1/15/07

A604-24-017 --- 5/6/05

604-24-019 --- 10/1/07

HAM-SUNDSTRAND ERPS10AG-24-3, R3 --- 3/12/09

HAM-SUNDSTRAND ERPS10AG-24-3, R2 ---11/14/06

HAM-SUNDSTRAND ERPS1 OAG-24-3, R1 --- 4/19/05

HAM-SUNDSTRAND ERPS10AG-24-3 --- 4/14/05

HAM-SUNDSTRAND ERPS1 OAG-24-4, R4 --- 4/30/09

HAM-SUNDSTRAND ERPS10AG-24-4, R3 --- 2/12108

HAM-SUNDSTRAND ERPS10AG-24-4, R2 --- 9/14/07

Name/Description of Item(s) Not Included In FDMS Docket and Maintained in the

Supplemental AD Docket
MAY BE VIEWED AT: Federal Aviation Administration

Transport Airplane Directorate

Rules Docket

1601 Lind Ave. SW,

Renton, WA 98057

425.227.1221

DURING THE HOURS OF: 9 a.m and 3 pm., Monday through Friday,

except Federal holidays.

Form Date: 03105/2008
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

MARK GRESCO,
Plaintiff, Case No.: 3:18-cv-243
vs.
COMMISSIONER OF SOCIAL SECURITY, District Judge Walter H. Rice
Magistrate Judge Michael J. Newman
Defendant.

ORDER: (1) APPROVING THE PARTIES’ JOINT STIPULATION FOR AN AWARD
OF ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (“EAJA”)
(@OC. 16); AND (2) AWARDING PLAINTIFF $3,100.00 IN EAJA FEES

This Social Security disability benefits appeal is before the Court on the parties’ joint
stipulation in which they agree that Plaintiff should be awarded attorney’s fees under the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, in the amount of $3,100.00. Doc. 16. Based
upon the parties’ stipulation in which they present no dispute that all requirements are met for the
reasonable award of EAJA fees, the Court: (1) APPROVES the parties’ joint stipulation (doc. 16);
and (2) GRANTS Plaintiff EAJA fees in the amount of $3,100.00. As no further matters remain
pending for review, this case remains TERMINATED upon the Court’s docket.

IT IS SO ORDERED.

Date: 2-4/-1 Lib Smn :
Walter H. Rice
United States District Judge
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

DAVID ALLEN THOMPSON,

 Plaintiff - Appellant,

 v.

CARLTON DAVIS, Deputy District

Attorney,

 Defendant - Appellee.

No. 14-17030

D.C. No. 2:13-cv-01539-KJM-AC

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Kimberly J. Mueller, District Judge, Presiding

Submitted November 18, 2015** 

Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges. 

David Allen Thompson, a California state prisoner, appeals pro se from the

district court’s judgment dismissing his 42 U.S.C. § 1983 action arising out of

defendant’s issuance of subpoenas for records from a state mental health hospital

FILED

DEC 01 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

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

except as provided by 9th Cir. R. 36-3.

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

without oral argument. See Fed. R. App. P. 34(a)(2).
while Thompson was in jail. We have jurisdiction under 28 U.S.C. § 1291. We

review de novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011) (dismissal

under 28 U.S.C. § 1915A); Milstein v. Cooley, 257 F.3d 1004, 1007 (9th Cir. 2001)

(prosecutorial immunity). We affirm.

The district court properly dismissed Thompson’s § 1983 claims for

damages against Davis because Davis was entitled to prosecutorial immunity. 

See Cousins v. Lockyer, 568 F.3d 1063, 1068 (9th Cir. 2009) (explaining that a

“state prosecuting attorney enjoys absolute immunity from liability under § 1983

for his conduct in pursuing a criminal prosecution insofar as he acts within his role

as an advocate for the State and his actions are intimately associated with the

judicial phase of the criminal process” (citation and internal quotation marks

omitted)); see also Demery v. Kupperman, 735 F.2d 1139, 1143 (9th Cir. 1984)

(“[P]rosecutorial immunity attaches to the actions of a prosecutor if those actions

were performed as part of the prosecutor’s preparation of his case, even if they can

be characterized as investigative or administrative.” (citation and internal quotation

marks omitted)). 

AFFIRMED.

2 14-17030
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Case: 1:18-mc-00010-SJD-SKB Doc #: 13 Filed: 09/04/18 Page: 9 of 14 PAGEID #: 417
Case: 1:18-mc-00010-SJD-SKB Doc #: 13 Filed: 09/04/18 Page: 10 of 14 PAGEID #: 418
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EXHIBIT M 

Case: 1:18-cv-00357-TSB-KNM-MHW Doc #: 237-15 Filed: 03/02/19 Page: 1 of 2 PAGEID #:

19808
Election Results Voting Age Populations 

10 Governor I 10 Att. General I 08 President I 06 Att. General I 06Auditor I 04 President 

District Kasich White I Hispanic T Black l Asian I Amlndian I Strickland I DeWine I Cordray 1 McCain I Obama I Mont. I Dann I Taylor I Sykes I Bush I Kerry PVI 

15 - Stivers 53.57% I 42.66% 1 49.03% I 44.80% 1 53.31% 1 44.90% 1 53.89% I 46.11% 1 54.09% 1 45 .92% 1 57.27% I 42.11% R+7 91.90% I 1.59% I 4.33% I 1.64% I 0.25% 

County Population % of District 

High land 43,589 6.05% 

Ross 34,475 4.78% 

Vinton 13,435 1.86% 

Hocking 29,380 4.07% 

Athens 60,608 8.41% 

Morgan 15,054 2.09% 

Muskingum 58,802 8.16% 

Perry 36,058 5.00% 

Fairfield 62,038 8.60% 

Franklin 226,000 31.34% 

Madison 43,435 6.02% 

Union 52,300 7.25% 

Clark 45,857 6.36% 

Total 721,031 

REV _00000037 

Plaintiffs' Trial

Exhibit

P610

Case No. 1:18-cv-00357

Case: 1:18-cv-00357-TSB-KNM-MHW Doc #: 237-15 Filed: 03/02/19 Page: 2 of 2 PAGEID #:

19809
In-Person Attendees: The Commercial Packaged Boilers Preliminary Analysis Meeting

Meeting Date: Tuesday, December 9, 2014

Name Title Organization Street City State Zip Phone Fax

Brookman, Douglas Facilitator Public Solutions, Inc. 108 Newburg Avenue Baltimore MD 21228 410-719-0580 410-719-0581

Darlington, Adam Consultant Navigant Consulting, Inc. 1200 19th Street, N.W., 

Suite 700

Washington DC 20036 202-973-7201 202-973-2401

Lau, Christopher Consultant Navigant Consulting, Inc. 1200 19th Street, NW, 

Suite 700

Washington DC 20036 202-481-7524 202-973-2401

Lekov, Ph.D., P.E., Alex Energy Analysis Department

Environmental Energy 

Technologies Division

Lawrence Berkeley National 

Laboratory

(LBNL)

One Cyclotron Road

MS: 90-4000

University of California

MS: 90-4000

Berkeley CA 94720 510-486-6849 510-486-6996

Leon, Felipe Electrical Enegineer Pacific Northwest National 

Laboratory (PNNL)

902 Battle Blvd, P.O. Box 

999, MSIN K6-05

Richland WA 99352 509-372-6516 N/A

Sachs, Ph.D, Harvey Senior Fellow,

Buildings Program

American Council for an EnergyEfficient Economy (ACEEE)National Press Building

529 14th Street NW

Suite 600

Washington DC 20045 202-507-4014 202-429-2248

Stanonik, Frank Chief Technical Advisor Air-Conditioning, Heating & 

Refrigeration Institute (AHRI)

2111 Wilson Boulevard

Suite 500

Arlington VA 22201-3001 703-600-0321 703-562-1942

White, Charles Vice President PHCC-National Association 2425 Twyckenham Drive South Bend IN 46614 574-286-7866 574-234-9276

Winiarski, David Senior Research Engineer - 

Energy and Engineering 

Division

Pacific Northwest National 

Laboratory (PNNL)

902 Battelle Boulevard

P.O. Box 999

MSIN K5-08

Richland WA 99337 509-375-4461 509-375-3614
**Summary of EPA Meeting with INDA, Association of Nonwoven Fabrics Industry**  November 28 , 2011 On Monday , November 28, 2011, representatives from EPA’s Office of Resource Conservation and Recovery (ORCR) and the Office of General Counsel (OGC) met with representatives of INDA regarding implementation of the Solvent

- Contaminated Industrial Wipes rulemaking. INDA reiterated comments they submitted on the 2003 proposed rule regarding whether the wipes rule may be promulgated under the Hazardous Solid Waste Amendments of 1984 , which would have implications for when the rule would be effective in authorized states. INDA also urged EPA to make the rule effective as soon as possible. Attendees : Amanda Geldard, EPA/ORCR Mary Andrews, EPA/OGC Jessica Franken, INDA Karl Bourdeau, Beveridge & Diamond