alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                   EXHIBIT 10.38

                                 AMENDMENT NO. 1
                                       TO
                    AMENDED AND RESTATED EMPLOYMENT AGREEMENT

      This Amendment No. 1 (this "Amendment") dated as of December 1, 2004, is
made by and between Vanguard Health Systems, Inc., a Delaware corporation (the
"Company"), and Joseph D. Moore (the "Executive").

      WHEREAS, the Company and the Executive executed a certain Amended and
Restated Employment Agreement (the "EA") dated as of September 23, 2004, to
secure the services of the Executive as Chief Financial Officer, Treasurer and
Executive Vice President; and

      WHEREAS, the Company and the Executive wish the Executive's base salary
set forth in Section 6(a) of the EA to be increased to $566,500, effective as of
January 1, 2005.

      NOW, THEREFORE, in consideration of the premises and the mutual covenants
herein contained, the Company and the Executive hereby agree that the EA is
amended as follows:

      1. Defined Terms. Except for those terms defined above, the definitions of
      capitalized terms used in this Amendment are as provided in the EA.

      2. Amendment to Section 6(a). Section 6(a) of the EA entitled "Base
      Salary" is hereby deleted and replaced with the following new Section
      6(a):

            "(a). Base Salary. The Executive's base salary hereunder, from
            September 23, 2004 to December 31, 2004, shall be $550,000 per year,
            payable semi-monthly. Effective January 1, 2005, the Executive's
            base salary hereunder shall be $566,500 per year, payable
            semi-monthly. The Board shall review such base salary at least
            annually and make such adjustments from time to time as it may deem
            advisable, but the base salary shall not at any time be reduced from
            the base salary in effect from time to time."

      3. Ratification. All other provisions of the EA remain unchanged and are
      hereby ratified by the Company and the Executive.

<PAGE>

                                      - 2 -

      IN WITNESS WHEREOF, the Company has caused this Amendment to be executed
by its duly authorized officer and the Executive has executed this Amendment,
each as of the day and year first set forth above.

                                    VANGUARD HEALTH SYSTEMS, INC.

                                    By: /s/ Ronald P. Soltman
                                       -----------------------------------
                                            Ronald P. Soltman
                                            Executive Vice President

                                    EXECUTIVE:

                                    /s/ Joseph D. Moore
                                    --------------------------------------
                                    Joseph D. Moore
No. 10-6527.

#### Brian Darnell Henderson, Petitioner v. United States.

562 U.S. 1015, 131 S. Ct. 533,

178 L. Ed. 2d 392,

2010 U.S. LEXIS 8576.

November 1, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 380 Fed. Appx. 295.
No. 10-6839.

#### Clyde James Rainey, Petitioner v. Mike Knowles, Warden.

562 U.S. 1050, 131 S. Ct. 611,

178 L. Ed. 2d 445,

2010 U.S. LEXIS 8930.

November 15, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 386 Fed. Appx. 605.
# Susquehanna’s Vinette named Employee of the Quarter

/ Published Sept. 16, 2015
NEW CUMBERLAND, Pennsylvania, 
Rene Vinette, supervisory distribution facilities specialist in DLA Distribution Susquehanna, Pa.’s Special Commodities Division, has been named Employee of the Quarter for the third quarter of fiscal year 2015.   

“Innovative, inquisitive and resourceful, Rene is not one to be content with old procedures and continuously explores new ideas and ways to improve the effectiveness of operations within the Hazardous section and all of Special Commodities,” said supervisor George Hillman.  “Her leadership, analytical skills, team/morale building and ability to teach and mentor are an essential part of Special Commodities Branch’s ability to support the warfighter with high-quality service.”

Acccording to Hillman, Vinette was essential in the receipt, storage, and issue of General Services Administration hazardous material, while maintaining her duties as the deputy branch chief of Special Commodities and its 150-plus assigned personnel.  

“Rene maximized space utilization, employee performance, and quality for the new GSA mission,” said Hillman.   With limited staffing and a growing workload, Vinette was able to successfully oversee all the incoming material to ensure it was properly marked according to military standard requirements before the material was receipted and issued. 

She ensured cube efficiency and segregation requirements were followed to the maximum extent possible while keeping employees safe at all times. The hazard area’s workload has increased drastically and employees have continued to exceed their potential under her leadership, completing more than 33,000 picks, 28,000 packs, and 3,100 stows, said Hillman.

“Rene’s efforts sparked an unparalleled level of productivity, accuracy, and efficiency within her work area and directly contributed to the overall success of DLA Distribution Susquehanna.  Her exceptional leadership and her ability to devise new and improved work methods have played an indispensable role in our ability to support the warfighter.”
[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Notices]
[Page 34200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16638]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-443-LA ASLBP No. 98-746-05-LA]


North Atlantic Energy Service Corporation; Establishment of 
Atomic Safety and Licensing Board

    Pursuant to delegation by the Commission dated December 29, 1972, 
published in the Federal Register, 37 FR 28710 (1972), and Secs. 2.105, 
2.700, 2.702, 2.714, 2.714a, 2.717, 2.721 of the Commission's 
Regulations, all as amended, an Atomic Safety and Licensing Board is 
being established to preside over the following proceeding.

North Atlantic Energy Service Corporation

Seabrook Station Unit No. 1

    This Board is being established pursuant to the request for hearing 
submitted by Robert A. Backus on behalf of the Seacoast Anti-Pollution 
League. The petition opposes the issuance of a license amendment to 
North Atlantic Energy Service Corporation for Seabrook Station Unit No. 
1 that would revise Technical Specifications on the frequency of steam 
generator inspections to accommodate a 24 month fuel cycle. A notice of 
the proposed amendment was published in the Federal Register at 63 FR 
25101, 25113 (May 6, 1998).
    The Board is comprised of the following administrative judges:

B. Paul Cotter, Jr., Chairman, Atomic Safety and Licensing Board Panel, 
U.S. Nuclear Regulatory Commission, Washington, D.C. 20555
Dr. Charles N. Kelber, Atomic Safety and Licensing Board Panel, U.S. 
Nuclear Regulatory Commission, Washington, D.C. 20555
Linda W. Little, 5000 Hermitage Drive, Raleigh, NC 27612

    All correspondence, documents and other materials shall be filed 
with the Judges in accordance with 10 C.F.R. Sec. 2.701.

    Issued at Rockville, Maryland, this 16th day of June 1998.
B. Paul Cotter, Jr.,
Chief Administrative Judge, Atomic Safety and Licensing Board Panel.
[FR Doc. 98-16638 Filed 6-22-98; 8:45 am]
BILLING CODE 7590-01-P
# C_2014184EN.01003803.xml

| 16.6.2014 | EN | Official Journal of the European Union | C 184/38 |
| --- | --- | --- | --- |

16.6.2014

EN

Official Journal of the European Union

C 184/38

---

Order of the General Court of 31 March 2014 — Energa Power Trading v Commission

(Case T-338/13) (1)

1

2014/C 184/62

Language of the case: English

The President of the First Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 252, 31. 8. 2013.

1

---
**EXHIBIT 32**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002In connection with the Annual Report on Form 10-K (the “Report”) of Double Eagle Petroleum Company(the “Company”) for the year ended December 31, 2006, each of Stephen H. Hollis, the ChiefExecutive Officer, and Lonnie R. Brock, the Principal Financial Officer, of the Company, herebycertifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to the best of the undersigned’s knowledge and belief: (1) theReport fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities ExchangeAct of 1934; and (2) the information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.     Date: March 30, 2007 /s/ Stephen H. Hollis Stephen H. Hollis,Chief Executive Officer       Date: March 30, 2007 /s/ Lonnie R. Brock Lonnie R. Brock,Chief Financial Officer
No. 10-6136.

#### Detrick Deroven, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

562 U.S. 1010, 131 S. Ct. 521,

178 L. Ed. 2d 383,

2010 U.S. LEXIS 8626.

November 1, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
No. 10-5626.

#### Ernest Miller, Petitioner v. California.

562 U.S. 932, 131 S. Ct. 329,

2010 U.S. LEXIS 7165.

178 L. Ed. 2d 214,

October 4, 2010.

Petition for writ of certiorari to the Supreme Court of California denied.
No. 10-286.

#### Morris D. Murphy, Petitioner v. Maine.

562 U.S. 1004, 131 S. Ct. 515,

2010 U.S. LEXIS 8538.

178 L. Ed. 2d 373,

November 1, 2010.

Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

Same case below, 991 A.2d 35.
Dismissed and Opinion Filed October 27, 2023

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-23-00514-CV

MINERVA HERNANDEZ, Appellant

V.

JUAN RODRIGUEZ, Appellee

On Appeal from the 192nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-21-07615

MEMORANDUM OPINION

Before Justices Goldstein, Garcia, and Miskel

Opinion by Justice Miskel

Appellant’s brief in this case is overdue. On September 20, 2023, we informed 

appellant her brief was overdue and directed her to file her brief within ten days. We 

cautioned appellant that failure to do so would result in the dismissal of the appeal 

without further notice. See TEX.R. APP. P. 38.8(a)(1); 42.3(c). To date, appellant has 

not filed a brief, an extension motion, or otherwise corresponded with the Court 

regarding the status of this appeal. 
–2–

Accordingly, we dismiss this appeal. See id. 38.8(a)(1); 42.3(c).

230514f.p05

/Emily Miskel/

EMILY MISKEL

JUSTICE
–3–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

MINERVA HERNANDEZ, 

Appellant

No. 05-23-00514-CV V.

JUAN RODRIGUEZ, Appellee

On Appeal from the 192nd Judicial

District Court, Dallas County, Texas

Trial Court Cause No. DC-21-07615.

Opinion delivered by Justice Miskel. 

Justices Goldstein and Garcia 

participating.

In accordance with this Court’s opinion of this date, the appeal is 

DISMISSED.

Judgment entered this 27th day of October, 2023.
No. 10-5761.

#### Dairell Brown, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

562 U.S. 966, 131 S. Ct. 466,

178 L. Ed. 2d 296,

2010 U.S. LEXIS 7948.

October 12, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARY ANN DUREAU,

Plaintiff-Appellant,

 v.

MARK HOWARD ALLENBAUGH,

Defendant-Appellee.

No. 16-55715

D.C. No. 15-cv-01494-BRO-SP

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Beverly Reid O’Connell, District Judge, Presiding 

Argued and Submitted December 8, 2017

Pasadena, California

Before: KELLY,** CALLAHAN, and BEA, Circuit Judges

Mary Dureau appeals the district court’s denial of her motion for a default 

judgment on a professional negligence claim against her former attorney Mark 

Howard Allenbaugh. We review the denial of a motion for a default judgment for 

 

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

as provided by Ninth Circuit Rule 36-3.

** The Honorable Paul J. Kelly, Jr., United States Circuit Judge for the U.S. 

Court of Appeals for the Tenth Circuit, sitting by designation.

FILED

JAN 4 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

abuse of discretion and may affirm on any ground finding support in the record. Eitel 

v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986). 

To state a claim for attorney negligence in California, a plaintiff must plead 

the existence of proximate causation: i.e., that but-for the attorney’s negligence, the 

plaintiff would have prevailed in a given action. Viner v. Sweet, 30 Cal. 4th 1232, 

1241 (2003). In her complaint, Dureau’s allegations of proximate causation were 

wholly conclusory. Dureau therefore failed to state a claim on which relief could be 

granted, Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), necessitating the denial of her 

motion for a default judgment. DirecTV, Inc. v. Huynh, 503 F.3d 847, 854 (9th Cir. 

2007); Chudasama v. Mazda Motor Corp., 123 F.3d 1353, 1370 n.41 (11th Cir. 

1997). The district court also did not abuse its discretion when it determined that 

Dureau’s substantive claims lack merit. Eitel v. McCool, 782 F.2d at 1471–72.

Dureau failed on appeal to develop her argument seeking a jury trial and has 

therefore waived it. Indep. Towers of Washington v. Washington, 350 F.3d 925, 929 

(9th Cir. 2003).

AFFIRMED.
##### 



Exhibit 10.6
 GOLDMAN SACHS CREDIT PARTNERS L.P.
85 Broad Street
New York, New York 10004
  
 
 AMERIGROUP Corporation Credit Facilities
  Borrower GSCP Wachovia Lenders Credit
Agreement
   Applicable Margin




---



##### 



Applicable Margin forApplicable Margin for
    
    Revolving Loans and SwingRevolving Loans that are
    
    Line Loans that are Base RateLeverage Ratio
    
    Eurodollar Rate Loans
    
    Loans3 1.50:1.00
    
    
    2.25
    %
    
    
    1.25
    %< 1.50:1.00
    
    
    2.00
    %
    
    
    1.00
    %




---



##### 



Very truly yours,
GOLDMAN SACHS CREDIT PARTNERS L.P.By:Name:Title:




---



##### 



Agreed and Accepted,
as of the date first written above:WACHOVIA CAPITAL MARKETS, LLCBy:Name:Title:WACHOVIA BANK, NATIONAL ASSOCIATIONBy:Name:Title:




---



##### 



Agreed and Accepted,
as of the date first written above:AMERIGROUP CORPORATIONBy:Name:Title:PHP HOLDINGS, INC.By:Name:Title:
# C_2014235EN.01001701.xml

| 21.7.2014 | EN | Official Journal of the European Union | C 235/17 |
| --- | --- | --- | --- |

21.7.2014

EN

Official Journal of the European Union

C 235/17

---

Judgment of the General Court of 5 June 2014 — Brune v Commission

(Case T-269/13 P) (1)

1

((Appeal - Civil service - Officials - Recruitment - Open competition - Non-inclusion on the reserve list - New decision of the Commission adopted following annulment by the Civil Service Tribunal - No participation in the oral test))

2014/C 235/22

Language of the case: German

Parties

Parties

Appellant: Markus Brune (Bonn, Germany) (represented by: H. Mannes, lawyer)

Appellant:

Other party to the proceedings: European Commission (represented by: J. Currall and B. Eggers, acting as Agents)

Other party to the proceedings:

Re:

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 21 March 2013 in Case F-94/11 Brune v Commission (not yet published in the ECR), seeking to have that judgment set aside.

Brune

Commission

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Mr Markus Brune to bear his own costs as well as those incurred by the European Commission in the present proceedings. |
| --- | --- |

2.

Orders Mr Markus Brune to bear his own costs as well as those incurred by the European Commission in the present proceedings.

---

(1)  OJ C 207, 20.7.2013.

1

---
[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Notices]
[Page 35642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17334]


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

DEPARTMENT OF THE TREASURY


Submission for OMB Review; Comment Request

June 19, 1998.
    The Department of Treasury has submitted the following public 
information collection requirement(s) to OMB for review and clearance 
under the Paperwork Reduction Act of 1995, Public Law 104-13. Copies of 
the submission(s) may be obtained by calling the Treasury Bureau 
Clearance Officer listed. Comments regarding this information 
collection should be addressed to the OMB reviewer listed and to the 
Treasury Department Clearance Officer, Department of the Treasury, Room 
2110, 1425 New York Avenue, NW., Washington, DC 20220.

DATES: Written comments should be received on or before July 30, 1998 
to be assured of consideration.

Financial Crimes Enforcement Network (FinCEN)

    OMB Number: 1506-0009.
    Form Number: TD F 90-22.1.
    Regulation Parts: 31 CFR Parts 103.22, 103.23, 103.24, 103.25, 
103.26, 103.27, 103.28, 103.29, 103.32, 103.33, 103.34, 103.35, 103.36, 
103.37, 103.38, 103.43, 103.45, 103.54, 103.71, 103.72, 103.72, 103.73, 
103.75, 103.76 and 103.77.
    Type of Review: Extension.
    Title: Financial Recordkeeping and Reporting of Currency and 
Foreign Transactions; and, Report of Foreign Bank and Financial 
Accounts (TD F 90-22.1).
    Description: This information collection, which applies primarily 
to financial institutions, assists Federal, State and local law 
enforcement in the identification, investigation, and prosecution of 
individuals involved in money laundering, tax evasion, and prosecution 
of individuals involved in money laundering, tax evasion, narcotics 
trafficking and other crimes. The information collection also assists 
in the examination and other regulatory matters.
    Respondents: Individuals or households, Business or other for-
profit.
    Estimated Number of Respondents/Recordkeepers: 140,000.
    Estimated Total Annual Responses: 13,000,000.
    Frequency of Response: On occasion.
    Estimated Total Reporting/Recordkeeping Burden: 11,529,711 hours .
    Clearance Officer: Lois K. Holland (202) 622-1563, Departmental 
Offices, Room 2110, 1425 New York Avenue, NW., Washington, DC 20220.
    OMB Reviewer: Alexander T. Hunt (202) 395-7860, Office of 
Management and Budget, Room 10202, New Executive Office Building, 
Washington, DC 20503.
Lois K. Holland,
Departmental Reports Management Officer.
[FR Doc. 98-17334 Filed 6-29-98; 8:45 am]
BILLING CODE 4810-31-P
IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

SHANNON MCGRATH,

Respondent

v.

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, STATE BOARD OF NURSING,

Petitioner :

:

:

:

:

:

:

:

:

:

:

:

: No. 365 WAL 2016

Petition for Allowance of Appeal from the Order of the Commonwealth Court

ORDER

PER CURIAM

AND NOW

, this 13 th day of February, 201 7

, the Petition for Allowance of Appeal

is GRANTED . The issues, as stated by the Petitioner, are:
(1) Whether this Honorable Court should grant allocatur in a case of first impression in this Court and one of substantial public importance to consumer health and safety requiring prompt resolution involving the length of an automatic license suspension of a nurse licensee convicted of a drug felony where the Commonwealth Court incorrectly reversed its prior correct application of Section 1921(c) of the Statutory Construction Act and created a paradigm in which a nurse licensee may be suspended for as little as one day for the same conduct that bars a nurse applicant from obtaining a license for ten years? (2) Whether the Commonwealth Court erred in ignoring case law and the principles of statutory construction when it applied the rule of lenity to a statute that was no longer ambiguous under Packer’s interpretation? (3) Whether the Commonwealth Court erred in not applying the principle of stare decisis

as Packer was not clearly contrary to the body of law?
No. 09-1554.

#### Rex Shelby, Petitioner v. United States.

562 U.S. 1002, 131 S. Ct. 503,

178 L. Ed. 2d 369,

2010 U.S. LEXIS 8545.

November 1, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 604 F.3d 881.
No. 09-11325.

#### Erik Earhart, Petitioner v. Khelleh Konteh, Warden.

562 U.S. 1103, 131 S. Ct. 814,

178 L. Ed. 2d 547,

2010 U.S. LEXIS 9579.

December 6, 2010.

Petition for rehearing denied.

Former decision, 562 U.S. 874, 131 S. Ct. 178, 178 L. Ed. 2d 107, 2010 U.S. LEXIS 6636.
No. 10-5697.

#### Jerry Morrison, Petitioner v. United States.

562 U.S. 934, 131 S. Ct. 336,

178 L. Ed. 2d 219,

2010 U.S. LEXIS 7176.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Same case below, 594 F.3d 543.
1 Brunner, Christine

From: Sargeant, Kathryn Sent: Thursday, February 27, 2014 10:31 AM To: Brunner, Christine Subject: EO 12866 correspondence to docket

Importance: High

From: Charmley, William Sent: Thursday, February 27, 2014 10:29 AM To: Machiele, Paul; Sargeant, Kathryn; Grundler, Chris topher Subject: FW: my voice mail from this morning.

Fyi – Jim was able to get back to me via email.

From: Laity, Jim [ mailto:James_A._Laity@omb.eop.gov ] Sent: Wednesday, February 26, 2014 8:35 PM To: Charmley, William Subject: RE: my voice mail from this morning.

Bill, Sorry not to get back to you sooner. I did g et your voice mail, no need to talk further. We ha d hoped that you would see the value of a little extra flexibility f or the refiners, but as we noted on the call, we do n’t think this is a big deal since refiners can likely sequence the use of credits in a way that the Dec 31, 2019 deadline wil l not be binding (ie, all early reduction credits will be retired by that time anyway). We think you did a good job of revi sing the ABT program since proposal to provide appropriate flexibility. Jim

From: Charmley, William [ mailto:charmley.william@epa.gov ] Sent: Wednesday, February 26, 2014 9:33 AM To: Laity, Jim Subject: my voice mail from this morning.

Dear Jim –

I left a voice mail for you this morning around 8:3 0 as a follow-up to our conference call from yester day.

If we need to talk further on the issue, please let me know, or if for some reason my voice mail didn’ t come through.

Best regards, Bill2 Bill Charmley Director Assessment and Standards Division Office of Transportation and Air Quality U.S. Environmental Protection Agency

National Vehicle and Fuel Emissions Laboratory 2000 Traverwood Drive Ann Arbor, MI 48105

desk ph. 734-214-4466 cell ph. 734-545-0333 e-mail: charmley.william@epa.gov