alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
James WITT, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-3688

District Court of Appeal of Florida, Second District.

Opinion filed June 8, 2018

Howard L. Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee.

SILBERMAN, Judge.

James Witt appeals his sentences for two counts of tampering with a witness in a third-degree felony investigation which were imposed after revocation of probation. The written sentences designate Witt as a habitual felony offender (HFO) and as a violent felony offender of special concern (VFOSC). Witt filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b), and the trial court determined that Witt was entitled to a resentencing hearing based on his sentence as an HFO and at which time the court would strike costs of prosecution over $100. The trial court denied Witt's challenge to his status as a VFOSC. The State points out in its brief that the record reflects that Witt withdrew his rule 3.800(b) motion in the trial court and that the resentencing hearing was cancelled. Therefore, we affirm Witt's sentences imposed after revocation of probation.

Affirmed.

KELLY and BADALAMENTI, JJ., Concur.
#### UNITED STATES of America, Plaintiff-Appellee v. Alejandro IRETA-LARA, Defendant-Appellant

No. 17-40054 Conference Calendar

United States Court of Appeals, Fifth Circuit.

Filed October 24, 2017

Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee

Alejandro Ireta-Lara, Pro Se

Before KING, OWEN, and HIGGINSON, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Alejandro Ireta-Lara has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir. 2011). Ireta-Lara has 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 *370for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4. .
Lisa PATRICK, Appellant, v. Beverly SMITH and Joshua Seay, Appellees.

Case No. 2D17-1775

District Court of Appeal of Florida, Second District.

Opinion filed May 11, 2018.

Clifford A. Taylor of The Hogan Law Firm, Brooksville, for Appellant.

Beverly Smith, pro se.

No appearance for Appellee Joshua Seay.

PER CURIAM.

Affirmed.

LaROSE, C.J., and BLACK and BADALAMENTI, JJ., Concur.
Jarvis JACKSON, Appellant, v. STATE of Florida, Appellee.

No. 4D15-2977

District Court of Appeal of Florida, Fourth District.

April 26, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 10.2


 


SECOND AMENDMENT TO FOURTH AMENDED SEVERANCE
COMPENSATION AGREEMENT


 


This Second Amendment to
Fourth Amended Severance Compensation Agreement (“Amendment”) is effective as of March 1, 2019 (“Effective
Date”), by and between Pershing Gold Corporation, a Nevada corporation (the “Company”), and Eric Alexander
(the “Employee”), and amends that certain Fourth Amended Severance Compensation Agreement between the Company
and Employee dated December 21, 2017, as previously amended on September 28, 2018 (the “Severance Agreement”).
Capitalized terms used in this Amendment without definition have the meanings given in the Severance Agreement.


 


WHEREAS, the Severance Agreement expires on
March 31, 2019.


 


WHEREAS, the parties desire to modify the Severance
Agreement to extend the term of the Severance Agreement through June 1, 2019.


 


NOW, THEREFORE, in consideration of the mutual
covenants and promises contained herein, the parties hereby agree as follows:


 


		1.	Amendment. The term set forth in Section 2 of the Severance Agreement is hereby extended
to June 1, 2019.



 


		2.	General. Except as otherwise modified herein, all other terms and provisions of the Severance
Agreement shall remain in full force and effect. The performance and construction of this Amendment shall be governed by the internal
laws of the State of Colorado. This Amendment may be executed in any number of counterparts, with each such counterpart constituting
an original and all such counterparts constituting but one and the same instrument. Signatures may be exchanged by facsimile or
by an email scanned .PDF signature page, with original signatures to follow. Each party agrees that it will be bound by its own
facsimiled or .pdf-scanned signature and that it accepts the facsimiled or PDF-scanned signature of the other party.



 




    	 	1	 



     


    

 


IN WITNESS WHEREOF, the parties have executed
this Amendment as of the Effective Date.


 


	 	PERSHING GOLD CORPORATION


 


	 	By:	/s/ Stephen D. Alfers





	 	Its: Chief Executive Officer and President
	 	Name: Stephen D. Alfers
	 	 
	 	/s/ Eric Alexander
	 	Eric Alexander


 






    	 	2
#### ADVANCED VIDEO TECHNOLOGIES, LLC, Plaintiff-Appellant v. HTC CORPORATION, HTC America, Inc., Blackberry Ltd., Blackberry Corporation, Motorola Mobility, LLC, AKA Motorola Mobility, Inc., Defendants-Appellees

2016-1476

2016-1514

2016-1515

United States Court of Appeals, Federal Circuit.

February 27, 2017

Robert William Morris, Eckert Sea-mans Cherin & Mellott, LLC, White Plains, NY, argued for plaintiff-appellant. Also represented by Ojeiku Christopher Aisiku, Thomas Martin Smith.

Heidi Lyn Keefe, Cooley LLP, Palo Alto, CA, argued for all defendants-appel-*685lees. Defendants-appellees HTC Corporation, HTC America, Inc., also represented by Kyle Dakai Chen, Mark R. Weinstein.

Jeffri A. Kaminski, Venable LLP, Washington, DC, for defendants-appellees Blackberry LTD, Blackberry Corporation. Also represented by William Dean Coston; Christopher T. La Testa, Baltimore, MD.

Frederick Lee Whitmer, Kilpatrick Townsend *&*Stockton LLP, New York, NY, for defendant-appellee Motorola Mobility, LLC. Also represented by Akarsh Belagodu, Washington, DC; David Clay Holloway, Atlanta, GA; Steven Moore, San Francisco, CA.

(Newman, Moore, and O’Malley, Circuit Judges).

JUDGMENT

Per Curiam

This Cause having been heard and considered, it is Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
PIRATES TREASURE, INC., Appellant/Petitioner(s), v. CITY OF DUNEDIN, Florida, Appellee/Respondent(s).

CASE NO.: 2D18-1015

District Court of Appeal of Florida, Second District.

May 02, 2018

BY ORDER OF THE COURT:

This appeal is dismissed for failure of the Appellant to comply with this court's March 16, 2018 order to show cause.

CASANUEVA, KHOUZAM, and ATKINSON, JJ., Concur.
**EXHIBIT 15**

**Letter from Ernst & Young LLP Regarding Unaudited Interim Financial Information**

The Stockholdersand Board of Directors of First Data Corporation 

We are aware of the incorporation by reference in the Registration Statements (Form S-8 Nos. 333-125588,333-101883, 333-90180, 333-90182, 333-66368, 33-47234, 33-48578, 33-82826, 33-87338, 33-90992, 33-62921, 33-98724, 33-99882, 333-09017, 333-09031, 333-28857, 333-68689, 333-81691, 333-85715, 333-90719 and 333-93703; Form S-3 No. 333-120214; andForm S-4 Nos. 333-15497 and 333-105432) of First Data Corporation of our report dated May 2, 2006 (except for Note 1 as to which the date is August 22, 2006) relating to the unaudited consolidated interim financial statements of First DataCorporation that are included in its Form 10-Q/A for the quarter ended March 31, 2006. 

/s/ Ernst & YoungLLP 

Denver, Colorado 

September 12, 2006
Exhibit






THIRD AMENDMENT TO EMPLOYMENT AGREEMENT AND 
FIRST AMENDMENT TO INCENTIVE PAYMENT AGREEMENT


WHEREAS, iHeartMedia, Inc. (formerly known as CC Media Holdings, Inc.) (“Company”) and Steven J. Macri (“Employee”) entered into an Employment Agreement effective October 7, 2013, as amended on July 3, 2017 and February 27, 2018 (“Employment Agreement”);


WHEREAS, Company and Employee entered into an Incentive Payment Agreement on or about February 26, 2018 (“Incentive Payment Agreement”);


WHEREAS, the parties desire to amend the above-referenced Employment Agreement and Incentive Payment Agreement as provided herein;


NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the parties enter into this Third Amendment to Employment Agreement and First Amendment to Incentive Payment Agreement.


1.The Third Amendment to Employment Agreement and First Amendment to Incentive Payment Agreement are effective upon complete execution by the parties.


2.    Section 1 (Term of Employment) of the Employment Agreement is amended such that the Employment Period is extended through June 30, 2019.


3.    Section 1 (Supplemental Incentive Payment) of the Incentive Payment Agreement is amended to insert the following between the second and third sentences of the second paragraph:


Termination of employment upon expiration of the Employment Period provided in your Employment Agreement shall not constitute a Bad Leaver Termination.


4.    This Third Amendment to Employment Agreement and First Amendment to Incentive Payment Agreement represent the complete and total understanding of the parties with respect to the content thereof, and cannot be modified or altered except if done so in writing, and executed by all parties.  All other provisions of the aforementioned agreements shall remain in full force and effect.


IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Employment Agreement and First Amendment to Incentive Payment Agreement on the date written below and upon full execution by all parties, this Agreement shall be effective as set forth in Section 1 above.




EMPLOYEE:




_____________________________________            Date:  _________________________
Steven J. Macri




COMPANY:




_____________________________________            Date:  _________________________
Richard J. Bressler
President, Chief Operating Officer and
Chief Financial Officer


APPROVED & PREPARED BY:  LW/ti
EXHIBIT 23.1 

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No. 333-52730 and No. 333-54880) of Resources Connection, Inc. of ourreports dated August 10, 2005 relating to the consolidated financial statements, financial statement schedule, management’s assessment of the effectiveness of internal control over financial reporting and the effectiveness of internal controlover financial reporting, which appear in this Form 10-K. We also consent to the reference to us under the heading “Selected Financial Data” in this Form 10-K. 

 

/S/ PRICEWATERHOUSECOOPERS LLP 

 

Orange County, California 

August 10, 2005
KEEPING KIDS IN THEIR HOME FOUNDATION CORP., Appellant/Petitioner(s), v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Appellee/Respondent(s).

CASE NO.: 2D17-1163

District Court of Appeal of Florida, Second District.

November 13, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
```

[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Notices]
[Page 3435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1427]

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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2011-0115]

General Conference Committee of the National Poultry Improvement 
Plan; Cancellation of Meeting

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of cancellation of meeting.

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

SUMMARY: We are giving notice that the meeting of the General 
Conference Committee of the National Poultry Improvement Plan scheduled 
for January 25, 2012, has been canceled.

FOR FURTHER INFORMATION CONTACT: Dr. C. Stephen Roney, Senior 
Coordinator, National Poultry Improvement Plan, VS, APHIS, 1506 
Klondike Road, Suite 300, Conyers, GA 30094; (770) 922-3496.

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on January 9, 2012 (77 FR 1051-1052, Docket No. APHIS-2011-
0115), we announced that there would be a meeting of the General 
Conference Committee of the National Poultry Improvement Plan in 
Atlanta, GA, on January 25, 2012. Due to circumstances beyond our 
control, we must cancel the meeting. We regret any inconvenience caused 
by the cancellation.

    Done in Washington, DC, this 19th day of January 2012.
Kevin Shea,
 Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-1427 Filed 1-23-12; 8:45 am]
BILLING CODE 3410-34-P
```
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

EDGAR REYNEL PAZ, )

)

Appellant, )

)

v. ) Case No. 2D17-3901

)

STATE OF FLORIDA, )

)

Appellee. )

___________________________________)

Opinion filed April 4, 2018.

Appeal pursuant to Fla. R. App. P.

9.141(b)(2) from the Circuit Court 

for Manatee County; Susan B. Maulucci, 

Judge.

PER CURIAM.

Affirmed. See § 775.082(3)(a)(3), Fla. Stat. (2000); Moore v. State, 882 

So. 2d 977 (Fla. 2004); Robinson v. State, 37 So. 3d 921 (Fla. 2d DCA 2010); Bizzell v. 

State, 912 So. 2d 386 (Fla. 2d DCA 2005); Carpenter v. State, 884 So. 2d 385 (Fla. 2d 

DCA 2004); Lane v. State, 981 So. 2d 596 (Fla. 1st DCA 2008); Williams v. State, 907 

So. 2d 1224 (Fla. 5th DCA 2005).

MORRIS, SLEET, and BADALAMENTI, JJ., Concur.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6164 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 6164

 To prohibit the Secretary of Homeland Security from granting certain 
                   aliens temporary protected status.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 1, 2023

Mr. Ogles (for himself and Mr. Tiffany) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To prohibit the Secretary of Homeland Security from granting certain 
                   aliens temporary protected status.

    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 ``No Temporary Protected Status for 
Terrorists Act'' or the ``No TPS for Terrorists Act''.

SEC. 2. CERTAIN ALIENS INELIGIBLE FOR TEMPORARY PROTECTED STATUS.

    (a) In General.--The Secretary of Homeland Security may not grant a 
covered alien temporary protected status in the United States pursuant 
to section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a).
    (b) Covered Alien.--In this section, the term ``covered alien'' 
means an alien who is a holder of a passport or other travel document 
issued by the Palestinian Authority.
                                 <all>
```
#### UNITED STATES of America, Plaintiff-Appellee, v. Brian Thomas GIBBONS, also known as Meathead, Defendant-Appellant.

No. 16-11563 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed July 31, 2017

James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee

Brian Thomas Gibbons, Pro Se

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Brian Thomas Gibbons has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir. 2011). Gibbons has 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. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
# In the **United States Court of Federal Claims**

No. 2 2

- 1827

Filed: April 3 , 202 3

________________________________________ )

TRENT MATHEW THACHER

, )

)

Plaintiff

, )

)

v. )

)

THE UNITED STATES, )

)

Defendant

. )

________________________________________ )

ORDER

As the Court explained in its February 7, 2023 Order, the Court has been unable to

contact Plaintiff in this case since his release from jail on December 3 1 , 2022. See ECF No. 12.

In that Order, the Court stated that it would dismiss this action for failure to prosecute under Rule

41(b) if Plaintiff had not updated the Court and the Government with his current address by

March 24 , 2023

. Id

.

The Court has not received any update regarding Plaintiff’s contact information

. There fore, the Court DISMISSES this action pursuant to Rule 41(b)

. T his dismissal does not

operate as a n adjudication on the merits and shall be without prejudice. The Clerk is hereby

directed to enter judgment consistent with this Order.

IT IS SO ORDERED.

s/ Edward H. Meyers

Edward H. Meyers

Judge
WEAVER GROVES, INC., Appellant/Petitioner(s), v. Mary Jaye Barber HALL, Appellee/Respondent(s).

CASE NO.: 2D17-3481

District Court of Appeal of Florida, Second District.

November 30, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Serena GALEN, Appellant, v. STATE of Florida, Appellee.

No. 1D17-5068

District Court of Appeal of Florida, First District.

April 30, 2018

Andy Thomas, Public Defender, and Justin Foster Karpf, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Marie Rives, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

AFFIRMED.

Lewis, Roberts, and Jay, JJ., concur.
David R. MCCALLISTER, Gail Jessee, Phillip Walters & Lunelle Siegel, Appellant/Petitioner(s), v. Lesley MILLER, Chairman, Hillsborough County Board of County Commissioners, Hillsborough County, Florida & Veterans Memorial Park Museum Committee, Inc., Appellee/Respondent(s).

CASE NO.: 2D17-3882

District Court of Appeal of Florida, Second District.

October 23, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Kwesi PHILPOT, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-431

District Court of Appeal of Florida, Fifth District.

Decision filed March 27, 2018 Rehearing Denied April 27, 2018

Kwesi Philpot, Chipley, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

COHEN, C.J., PALMER and EDWARDS, JJ., concur.
<PAGE>
                                                              Exhibit 10.01


April 9, 1997


Mr. Steve Swantek
649 Minnetonka Highland Lane
Orono, MN  55356

Dear Steve:

This letter confirms our offer and your acceptance for the position of  Vice 
President, Sales and Marketing Communications, reporting to Mike Fabiaschi, 
President & CEO

Your base salary will be $175,000.00 ($14,583.00 per month) with a first year 
$50,000  non-recoverable draw that will be applied toward your incentive 
compensation. You will be eligible for participation in the executive 
compensation plan which will pay $100,000 at 100% achievement.  This plan 
will be defined in a separate document.   You will also be eligible for a 
stock option to purchase 200,000 shares of Racotek stock at its current fair 
market value, subject to vesting over a four year period.  Final approval of 
your stock option requires Racotek Board of Directors approval, which will be 
requested.

Steve, should your employment be terminated without cause the Company will 
pay you your base salary for the following six months.  Your vesting status 
will continue during that timeframe as well as your eligibility for the 
Company's benefit plan.  Please understand that this letter does not 
constitute a contract of employment for any specific period of time but will 
create an "employment at will" relationship.

Included in this offer is the standard Racotek employee benefits which you 
are familiar with, however will be described during your orientation.   
Steve, we are pleased you have decided to join Racotek and look forward to 
working with you again.

Sincerely,

Kay Lee


Kay Lee 
Human Resource Director 

cc:  Mike Fabiaschi






                                       15
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          16,357
<SECURITIES>                                         0
<RECEIVABLES>                                   29,379
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                70,392
<PP&E>                                         150,691
<DEPRECIATION>                                  85,191
<TOTAL-ASSETS>                                 158,719
<CURRENT-LIABILITIES>                           64,918
<BONDS>                                            616
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           210
<OTHER-SE>                                      88,231
<TOTAL-LIABILITY-AND-EQUITY>                   158,719
<SALES>                                        163,089
<TOTAL-REVENUES>                               163,089
<CGS>                                           62,192
<TOTAL-COSTS>                                  123,297
<OTHER-EXPENSES>                                   991
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 38,801
<INCOME-TAX>                                    14,057
<INCOME-CONTINUING>                             24,744
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    24,744
<EPS-PRIMARY>                                     1.35
<EPS-DILUTED>                                     1.30
        

</TABLE>
EX PARTE Robert Lewis HAWKINS, Jr.

CR-16-0205

Court of Criminal Appeals of Alabama.

April 5, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Mand. pet. denied.
Jeffrey Stephen CRIVELLI, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-349

District Court of Appeal of Florida, Fifth District.

Decision filed March 13, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.