alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Pursuant to 5 T H C IR . R. 47.5 , the court has determined that this opinionshould not * be publishe d an d is not precede nt except under the limited circu mstance s set forth in 5 T H C IR . R. 47.5 .4. 

### INTHE UNI TED S TATESCOU RT OFAPPEALS

FORTHE FIFTH CIRCU IT

N o. 09- 40762 Su m m ar y Cal endar UN I TE D S TA TE S OF AM ERI CA, P l ai n t i f f

- A pp el l ee
v. D A N IE L O G W O KAS IR IN G I, D e fe nda nt - Appe l l ant

A pp ealf

rom t h e U n i t ed S t ates D i st ri ctC ou rt f or t h e E aster n D i st ri ctof T exas U SD C N o. 1: 09- C R
- 3- 1 B e fo r e J O L L Y , W IE N E R , a n d E L R O D , C ir c u it J u d g e s . P E R C U R I A M: * T h e att orney ap poi n t ed t o represent D an i elO gw oka Sir i n giha s m oved f or l e av e t o w i t hdr aw a nd has f i l e d ab r i e f

i n a c c o r da nc e w i t h A n d er s v . Ca lif o rn ia , 3 8 6 U .S . 7 3 8 (1 9 6 7 ). S i r in g ih a s file d a re s p o n s e . T h e re c o r d is in s u ffic ie n tly devel ope d t o a l l ow c ons i der at i on att hi s t i m e o f Si r i ngi ’ s c l ai m s of

i nef fec t ive as si st ance of

c ounse l ; s uch c l ai m s gener al l y “ c annotbe r es olved on di r ec tappeal w h en the y h a ve n ot be en raised be fore th e d i stri ct cou rt since n o op p ortu n i ty ex i sted to de ve l op the reco rd on th e m erits of th e al l eg a ti on s. ” Uni t e d S t at e s v. United States Court of App eals

Fifth Circuit 

### F I L E D April 1, 2010 Lyle W . Cayce Clerk Case: 09-40762 Document: 00511068721 Page: 1 Date Filed: 04/01/2010N o. 09- 40762

2 Ca n tw ell , 4 70 F. 3d1 08 7, 1 09 1 ( 5t h Ci r. 2 006) (i nt e r nalq uo t at i o n m ar ks a nd c i t at i o n o m i t t e d) . Ouri nde pend en t revi e w o f t he r e c o r d, c o uns e l ’ s b r i e f, a nd Si r i ngi ’ s r es ponse di sc l os es no nonf r ivol ous i ss ue f

orappeal . A ccord i ngl y, coun sel ’ s m ot i on f

or l eave to w i t h draw i s G R A N T E D , coun seli s excused f rom fu r th e r r e s p o n s ib ilitie s h e r e in , a n d th e A P P E A L IS D IS M IS S E D . S ee5 T H C IR . R. 4 2 . 2 . S i ri n gi’ s m oti on s for a h ea ri n g, f or a restra i n i n g o rd er, a n d f or leav e to f i l e d o c u me n t s a r e DE NI ED . Case: 09-40762 Document: 00511068721 Page: 2 Date Filed: 04/01/2010
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Condensed Balance Sheets as of June 30, 1997 and December 31, 1996, and the
Condensed Statements of Earnings for the three months and six months ended
June 30, 1997 and 1996 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           2,671
<SECURITIES>                                         0
<RECEIVABLES>                                   23,319
<ALLOWANCES>                                     (460)
<INVENTORY>                                      1,286
<CURRENT-ASSETS>                                32,745
<PP&E>                                          13,706
<DEPRECIATION>                                 (6,596)
<TOTAL-ASSETS>                                  40,179
<CURRENT-LIABILITIES>                           15,354
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           124
<OTHER-SE>                                      23,059
<TOTAL-LIABILITY-AND-EQUITY>                    40,179
<SALES>                                         33,258
<TOTAL-REVENUES>                                33,258
<CGS>                                           28,277
<TOTAL-COSTS>                                   32,833
<OTHER-EXPENSES>                                 (100)
<LOSS-PROVISION>                                   181
<INTEREST-EXPENSE>                                 211
<INCOME-PRETAX>                                    314
<INCOME-TAX>                                       117
<INCOME-CONTINUING>                                197
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       197
<EPS-PRIMARY>                                     0.02
<EPS-DILUTED>                                     0.02
        

</TABLE>
Exhibit






Exhibit 10.19
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT


This Third Amendment to Employment Agreement ("Third Amendment") amends the Employment Agreement (the "Agreement"), entered into as of September 22, 2005 (the "Agreement"), by and between DaVita Inc. (now called DaVita HealthCare Partners Inc. and referred to in this Amendment "Employer") and James Hilger ("Employee").  Specifically, effective December 31, 2014, the parties agree to amend the Agreement as follows:


		
	1.
	A new Section 2.10 is hereby added to the Agreement as follows:




"Possible Recoupment of Certain Compensation.  Notwithstanding any other provision in this Agreement to the contrary, Employee shall be subject to the written policies of the Board of Directors as well as laws and regulations applicable to executives of the Employer, including without limitation the DaVita HealthCare Partners Inc. Incentive Compensation Clawback Policy approved by the Board of Directors on December 4, 2014 and rules adopted pursuant to the Dodd-Frank Act, and any other Board policy, law or regulation relating to recoupment or "clawback" of compensation that may exist from time to time during the Employee's employment by the Employer and thereafter."


In all other respects, and with the exception of any all previous amendments, the Agreement remains unchanged and in full force and effect.


EMPLOYER / DAVITA HEALTHCARE             EMPLOYEE/
PARTNERS INC.




By /s/ Laura Mildenberger                /s/ James Hilger                    
Laura Mildenberger                    James Hilger
Chief People Officer






Approved as to Form






/s/ Michael Freimann                
Michael A. Freimann
Assistant General Counsel – Labor & Employment
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF THE BISYS GROUP, INC. AND SUBSIDIARIES FOR
THE SIX MONTHS ENDED DECEMBER 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          36,943
<SECURITIES>                                         0
<RECEIVABLES>                                   87,857
<ALLOWANCES>                                     2,897
<INVENTORY>                                          0
<CURRENT-ASSETS>                               137,240
<PP&E>                                          90,806
<DEPRECIATION>                                  44,029
<TOTAL-ASSETS>                                 351,190
<CURRENT-LIABILITIES>                           93,895
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           534
<OTHER-SE>                                     241,270
<TOTAL-LIABILITY-AND-EQUITY>                   351,190
<SALES>                                              0
<TOTAL-REVENUES>                               213,882
<CGS>                                                0
<TOTAL-COSTS>                                  123,767
<OTHER-EXPENSES>                                17,234
<LOSS-PROVISION>                                   845
<INTEREST-EXPENSE>                                 506
<INCOME-PRETAX>                                 17,687
<INCOME-TAX>                                    14,677
<INCOME-CONTINUING>                              3,010
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,010
<EPS-PRIMARY>                                     0.11
<EPS-DILUTED>                                     0.11
        

</TABLE>
Exhibit 32.2



CERTIFICATION

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Richard A. Ross, as acting principal financial officer of The FINOVA Group Inc. (the
Company) certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



(1) the accompanying Form 10-Q report for the period ending March 31, 2004 as filed with the U.S. Securities and Exchange Commission (the Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and



(2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



Dated: May 3, 2004



By:

/s/ Richard A. RossRichard A. RossVice President  Chief Accounting Officer (acting principal financial officer)
ex108to10k06447_12312008.htm


    Exhibit
10.8

     

    
       

       

      AMENDMENT
TO WHX CORPORATION

      2008
BONUS PLAN

       

      In
accordance with Section 7 of the WHX Corporation 2008 Bonus Plan (the “Plan”),
the Plan is hereby amended effective January 1, 2009 to read as
follows:

       

      1.           The
last sentence of Section 4 of the Plan shall be deleted in its entirety and the
following sentences shall be substituted therefore:

       

      “The
Company intends that the Award will be paid between January 1st and
March 15th of the
year after the bonus is earned, but in no event will it be paid later than
December 31st of the
year after the bonus is earned. Subject to Section 9(c) of the Plan, in order to
be eligible to receive an award under the Plan, a Grantee must be employed on
the date the Award is to be made.”

       

      2.           Section
9(c) of the Plan shall be amended by adding the parenthetical phrase “(in either
case, at any time before the date the Award is paid)” after the word
“Disability” in the second sentence thereof.

       

      3.           Section
9(c) of the Plan shall be further amended by adding the following sentence after
the second sentence thereof:

       

      “If the
Grantee’s death is after the year the bonus is earned, the Committee may, in its
sole discretion, award a pro-rata portion or the entire amount of the bonus to
which the Grantee would have been entitled had he survived to the date on which
payment of the Award would have been made.”

       

      4.           Section
9(c) of the Plan shall be amended by adding the following sentence at the
conclusion thereof:

       

      “In the
event of a Grantee’s death, if the Committee decides to grant an Award, the
payment shall be made to the Grantee’s estate by the later of (i) 90 days of the
date of the Grantee’s death, but not later than December 31st of the
year following the year the bonus is earned, or (ii) the date on which payment
of the Award to the Grantee would have been made had the Grantee
survived.”

       

      5.           As
hereby amended, the Plan shall continue in full force and effect.

       

      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

        

      

       

       

      IN
WITNESS WHEREOF, this Amendment is executed pursuant to a Resolution adopted by
the Compensation Committee of the Board of Directors of the Company on December
18, 2008.

       

      
        	 
      	
                WHX
      CORPORATION

              
	 
      	 
      
	 
      	
                By:

              	/s/
Exhibit 32



CERTIFICATION



The undersigned certify pursuant to 18 U.S.C. § 1350, that:



|(1) | The accompanying quarterly report on Form 10-Q for the period ended December 31, 2003, 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 accompanying Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------



|Date: | February 17, 2004
|----- | -----------------



/s/ Fred B. ParksFred B. ParksChairman and Chief Executive Officer




/s/ Todd E. PaulsonTodd E. PaulsonVice President and Chief Financial Officer
<partyblock><br><br><div align="center"><b><font size="+1">Adelaida M. Laga, PT, as Assignee of Mondestin, Liliane, Appellant, <br><br>against<br><br>Lancer Insurance Co., Respondent.</font></b></div><br><br><p>The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant.Bruno, Gerbino &amp; Soriano, LLP (Mitchell L. Kaufman, Esq.), for respondent.</p><p>Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered July 1, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.</p><p>ORDERED that the order is affirmed, with $25 costs.</p><p>In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath (EUOs).</p><p>Contrary to plaintiff's arguments, defendant's proof sufficiently established proper mailing of the denials and verification requests at issue (<i>see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co.</i>, 50 AD3d 1123 [2008]), and that plaintiff had failed to appear for the scheduled EUOs (<i>see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co.</i>, 35 AD3d 720 [2006]). Plaintiff's remaining argument is improperly raised for the first time on appeal and, in any event, lacks merit.</p><p>Accordingly, the order is affirmed.</p><p>PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.</p><br>ENTER:<br>Paul Kenny<br>Chief Clerk<br>Decision Date: September 22, 2017<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
Stacy M. PACK, Petitioner, v. Doug DAVIS, Respondent.

Case No. 2D17-4464

District Court of Appeal of Florida, Second District.

Opinion filed March 23, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
<TABLE> <S> <C>

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

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUL-03-1999
<CASH>                                             286
<SECURITIES>                                         0
<RECEIVABLES>                                   44,228
<ALLOWANCES>                                     1,474
<INVENTORY>                                     24,785
<CURRENT-ASSETS>                                88,658
<PP&E>                                          53,618
<DEPRECIATION>                                  25,985
<TOTAL-ASSETS>                                 122,047
<CURRENT-LIABILITIES>                           91,287
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            60
<OTHER-SE>                                      30,700
<TOTAL-LIABILITY-AND-EQUITY>                   122,047
<SALES>                                        221,674
<TOTAL-REVENUES>                               221,674
<CGS>                                          117,129
<TOTAL-COSTS>                                  117,129
<OTHER-EXPENSES>                               107,869
<LOSS-PROVISION>                                   594
<INTEREST-EXPENSE>                                 544
<INCOME-PRETAX>                                (3,999)
<INCOME-TAX>                                   (1,360)
<INCOME-CONTINUING>                            (2,639)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    297
<CHANGES>                                            0
<NET-INCOME>                                   (2,342)
<EPS-BASIC>                                     (0.39)
<EPS-DILUTED>                                   (0.39)


</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7145

CALVIN SCOTT WEDINGTON,

Plaintiff - Appellant,

versus

UNITED STATES OF AMERICA; H. LAPPIN, Warden;

K. HAWK, Dr., Director, Bureau of Prisons,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, District Judge.

(CA-97-539-5-F2)

Submitted: March 12, 1998 Decided: March 23, 1998

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Calvin Scott Wedington, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying relief on

his civil complaint filed pursuant to Bivens v. Six Unknown Named

Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). We have

reviewed the record and the district court's opinion and find no

reversible error. Accordingly, we affirm on the reasoning of the

district court. Wedington v. United States, No. CA-97-539-5-F2

(E.D.N.C. July 24, 1997). We dispense with oral argument because

the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

AFFIRMED
I 

117TH CONGRESS 

1ST SESSION H. R. 1429 

To amend the Internal Revenue Code of 1986 to modify the residence and 

source rules to provide for economic recovery in the possessions of the 

United States. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2021 

Ms. PLASKETT 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 modify 

the residence and source rules to provide for economic 

recovery in the possessions of the United States. 

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 ‘‘Territorial Tax Equity 

5 and Economic Growth Act of 2021’’. 

6 SEC. 2. MODIFICATION TO RESIDENCE AND SOURCE RULES 

7 INVOLVING POSSESSIONS. 

8 (a) BONA FIDE RESIDENT.—Section 937(a) of the 

9 Internal Revenue Code of 1986 is amended— 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 1429 IH

1 (1) by striking the last sentence, and 

2 (2) by amending paragraph (1) to read as fol3 lows: 

4 ‘‘(1) who has a substantial presence (deter5 mined under the principles of section 7701(b)(3)(A) 

6 (applied by substituting ‘122 days’ for ‘31 days’ in 

7 clause (i) thereof) without regard to sections 

8 7701(b)(3)(B), (C), and (D)) during the taxable 

9 year in Guam, American Samoa, the Northern Mar10 iana Islands, Puerto Rico, or the Virgin Islands, as 

11 the case may be, and’’. 

12 (b) SOURCE RULES.—Section 937(b) of such Code 

13 is amended— 

14 (1) in paragraph (1), by striking ‘‘and’’ at the 

15 end, 

16 (2) in paragraph (2), by striking the period at 

17 the end and inserting ‘‘, but only to the extent such 

18 income is attributable to an office or fixed place of 

19 business within the United States (determined under 

20 the rules of section 864(c)(5)),’’, and 

21 (3) by adding at the end the following new 

22 paragraphs: 

23 ‘‘(3) for purposes of paragraph (1), the prin24 ciples of section 864(c)(2), rather than rules similar 

25 to the rules in section 864(c)(4), shall apply for purVerDate Sep 11 2014 18:28 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1429.IH H1429

pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 1429 IH

1 poses of determining whether income from sources 

2 without a possession specified in subsection (a)(1) is 

3 effectively connected with the conduct of a trade or 

4 business within such possession, and 

5 ‘‘(4) for purposes of paragraph (2), income 

6 from activities within the United States which are of 

7 a preparatory or auxiliary character shall not be 

8 treated as income from sources within the United 

9 States or as effectively connected with the conduct 

10 of a trade or business within the United States.’’. 

11 (c) SOURCE RULES FOR PERSONAL PROPERTY

12 SALES.—Section 865(j)(3) of such Code is amended by 

13 inserting ‘‘, 932,’’ after ‘‘931’’. 

14 (d) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to taxable years beginning after 

16 December 31, 2020. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
IA 

117TH CONGRESS 

1ST SESSION H. J. RES. 47 

Proposing an amendment to the Constitution of the United States to require 

three-fifths majorities for bills increasing taxes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2021 

Mr. GREEN of Tennessee submitted the following joint resolution; which was 

referred to the Committee on the Judiciary 

JOINT RESOLUTION 

Proposing an amendment to the Constitution of the United 

States to require three-fifths majorities for bills increasing taxes. 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all 

6 intents and purposes as part of the Constitution when 

7 ratified by the legislatures of three-fourths of the several 

8 States within seven years after the date of its submission 

9 for ratification: 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HJ 47 IH 

1 ‘‘ARTICLE— 

2 ‘‘SECTION 1. Any bill to levy a new tax or increase 

3 the rate or base of any tax may pass only by a three4 fifths majority of the whole number of each House of Con5 gress. 

6 ‘‘SECTION 2. All votes taken by the House of Rep7 resentatives or the Senate under this article shall be deter8 mined by yeas and nays and the names of persons voting 

9 for and against shall be entered on the Journal of each 

10 House respectively.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
Faulk, Scott (OST) 

From: 

Sent: 

To: 

Subject: 

Diane_Mokuau/MOLOKAIH/HIDOE@notes.k12.hi.us 

Friday, November 22, 2013 12:06 AM 

EAS (OST) 

Mokulele 

Dear Department of Transportation (DOT), 

I am writing to support Mokulele Airline's 4-year bid to link Kalaupapa to Kahului, Honolulu, 

Kapalua and Hoolehua. Mokulele is the best candidate as they have lower fares, experienced 

friendly agents, frequent flights, multiple islands and ease of booking via Global Distribution 

System (Expedia, Travelocity, Orbitz, Priceline, etc.). It is important we have safe, stable & 

affordable service to Kalaupapa. 

Please select Mokulele to serve Kalaupapa for 4 years. 

Diane Mokuau 

1