alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
First Amendment to Employment Agreement



 EXHIBIT 10.2 
 FIRST AMENDMENT 
 TO 
 EMPLOYMENT AGREEMENT 
 This First Amendment to Employment Agreement (“First
Amendment”) dated as of December 20, 2008 is made and entered into by and between Mercury Computer Systems, Inc., a Massachusetts corporation (the “Company”), and Mark Aslett (the “Executive”). 
 WHEREAS, the Company and the Executive are parties to an Employment Agreement dated as of November 19, 2007 (the “Employment Agreement”);
and 
 WHEREAS, the parties hereto desire to amend the Employment Agreement to comply with the requirement of Section 409A of the
Internal Revenue Code of 1986, as amended; and 
 WHEREAS, capitalized terms used herein and not otherwise defined herein shall have the
meanings ascribed to them in the Employment Agreement. 
 NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Company and the Executive agree as follows: 
 1. Section 5(b)(i) of the Employment Agreement is amended by deleting the
second sentence thereof and substituting therefor the following: 
 “The Severance Amount shall be paid out on a salary
continuation basis in equal installments over a 12-month period beginning with the first payroll date that occurs 30 days after the Date of Termination.” 
 2. All other provisions of the Employment Agreement shall remain in full force and effect according to their respective terms, and nothing
contained herein shall be deemed a waiver of any right or abrogation of any obligation otherwise existing under the Employment Agreement except to the extent specifically provided for herein. 
 3. The validity, interpretation, construction and performance of this First Amendment shall be governed by the laws of the Commonwealth of
Massachusetts. 
 4. This First Amendment may be executed in several counterparts, each of which shall be deemed to be an
original but all of which together will constitute one and the same instrument. 
 IN WITNESS WHEREOF, the undersigned officer, on behalf of
Mercury Computer Systems, Inc., and the Executive have hereunto set their hands as an agreement under seal, all as of the date first above written. 
  

			
	MERCURY COMPUTER SYSTEMS, INC.
		
	 By:
	 	 /s/    ROBERT E.
HULT        

		 	 Robert E. Hult
 SENIOR VICE PRESIDENT AND
 CHIEF FINANCIAL OFFICER
 [PRINCIPAL FINANCIAL OFFICER]

	
	EXECUTIVE
		 	 /s/    MARK
ASLETT        

		 	Mark Aslett
		 	 PRESIDENT AND CHIEF EXECUTIVE OFFICER
 [PRINCIPAL EXECUTIVE OFFICER]
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) CAUSE NO. 1:13-CR-77

)

JOSE NOE PEREA CASTENEDA )

FINDINGS AND RECOMMENDATION

OF THE MAGISTRATE JUDGE

UPON A PLEA OF GUILTY

TO: THE HONORABLE THERESA L. SPRINGMANN, JUDGE, 

UNITED STATES DISTRICT COURT

Upon Defendant’s request to enter a plea of guilty pursuant to Rule 11 of the Federal Rules

of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Roger B. Cosbey,

on November 26, 2013, with the written consents of the defendant, counsel for the defendant, and

counsel for the United States of America. The Defendant waived in open Court prosecution by

indictment and consented that the proceedings may be by information rather than by indictment.

The hearing on defendant’s plea of guilty was in full compliance with Rule 11, Federal

Rules of Criminal Procedure, before the Magistrate Judge in open court and on the record.

In consideration of that hearing and the statements made by the defendant under oath on

the record and in the presence of counsel, the remarks of the Assistant United States Attorney and

of counsel for defendant,
I FIND as follows:

(1) that defendant understands the nature of the charge against him to which the plea is

offered;

(2) that the defendant’s waiver of indictment is knowing and voluntary;

(3) that the defendant understands his right to trial by jury, to persist in his plea of not

guilty, to the assistance of counsel at trial, to confront and cross-examine adverse witnesses, and

his right against compelled self-incrimination;

(4) that the defendant understands what the maximum possible sentence is, including the

effect of the supervised release term, and defendant understands that the sentencing guidelines

apply and that the Court may depart from those guidelines under some circumstances;

(5) that the plea of guilty by the defendant has been knowingly and voluntarily made and

is not the result of force or threats or of promises apart from the plea agreement between the

parties;

(6) that defendant is competent to plead guilty;

(7) that the defendant understands that his answers may later be used against him in a

prosecution for perjury or false statement;

(8) that there is a factual basis for the defendant’s plea; and further,

I RECOMMEND that the Court accept both the defendant’s waiver of indictment and plea

of guilty and that the Defendant be adjudged guilty of the offense charged in the Information and

have sentence imposed. A Presentence Report has been ordered. Should this Report and

Recommendation be accepted and the Defendant adjudged guilty, sentencing will be scheduled

before Judge Theresa L. Springmann by separate order and notice. Objections to the Findings

2
and Recommendation are waived unless filed and served within fourteen (14) days. 28 U.S.C.

§ 636(b)(1)(B).

DATED this 26th day of November, 2013.

/s/ Roger B. Cosbey 

Roger B. Cosbey

United States Magistrate Judge

3
I 

109TH CONGRESS 

1ST SESSION H. R. 1438 

To amend title II of the Social Security Act to exclude from creditable 

wages and self-employment income wages earned for services by aliens 

illegally performed in the United States and self-employment income 

derived from a trade or business illegally conducted in the United States. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2005 

Mr. ROHRABACHER (for himself, Mr. TANCREDO, Mr. CUNNINGHAM, Mr. 

GOODE, Mr. SULLIVAN, and Mr. GARRETT of New Jersey) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend title II of the Social Security Act to exclude 

from creditable wages and self-employment income wages 

earned for services by aliens illegally performed in the 

United States and self-employment income derived from 

a trade or business illegally conducted in 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 ‘‘No Social Security for 

5 Illegal Immigrants Act of 2005’’. 
2 

•HR 1438 IH 

1 SEC. 2. EXCLUSION OF UNAUTHORIZED EMPLOYMENT 

2 FROM EMPLOYMENT UPON WHICH CRED3 ITABLE WAGES MAY BE BASED. 

4 Section 210(a)(19) of the Social Security Act (42 

5 U.S.C. 410(a)(19)) is amended— 

6 (1) by striking ‘‘(19) Service’’ and inserting the 

7 following: 

8 ‘‘(19)(A) Service performed by an alien while 

9 employed in the United States for any period during 

10 which the alien is not authorized to be so employed. 

11 ‘‘(B) Service’’. 

12 SEC. 3. EXCLUSION OF UNAUTHORIZED FUNCTIONS AND 

13 SERVICES FROM TRADE OR BUSINESS FROM 

14 WHICH CREDITABLE SELF-EMPLOYMENT IN15 COME MAY BE DERIVED. 

16 Section 211(c) of the Social Security Act (42 U.S.C. 

17 411(c)) is amended by inserting after paragraph (6) the 

18 following new paragraph: 

19 ‘‘(7) The performance of a function or service 

20 in the United States by an alien during any period 

21 for which the alien is not authorized to perform such 

22 function or service in the United States.’’. 

23 SEC. 4. EFFECTIVE DATE. 

24 The amendments made by this Act shall apply with 

25 respect to wages earned, and self-employment income de26 rived, before, on, or after the date of the enactment of 
3 

•HR 1438 IH 

1 this Act. Notwithstanding section 215(f)(1) of the Social 

2 Security Act (42 U.S.C. 415(f)(1)), as soon as practicable 

3 after the date of the enactment of this Act, the Commis4 sioner of Social Security shall recompute all primary in5 surance amounts to the extent necessary to carry out such 

6 amendments. Such amendments shall affect benefits only 

7 for months after the date of the enactment of this Act. 

Æ
John HATZFELD, petitioner, v. Brian FISCHER, Commissioner, New York Department of Correctional Services, et al.

No. 12-8609.

Supreme Court of the United States

April 1, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.
[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Notices]
[Page 25253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11696]



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NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in Biological Sciences; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting:

    Name: Special Emphasis in Biological Sciences (#1754).
    Date and Time: June 1-2, 1995, 8:30 am-4:00 pm.
    Place: NSF, 4201 Wilson Boulevard, Arlington, VA, Rm 330.
    Type of Meeting: Closed.
    Contact Person: John Cross, Program Director, and Arthur 
Kowalsky, Program Director, Biological Instrumentation and 
Instrument Development, National Science Foundation, Telephone: 
(703) 306-1472.
    Purpose of Meeting: To provide advice and recommendations 
concerning proposals submitted to NSF for financial support.
    Agenda: To review and evaluate biochemical/environmental 
proposals and structural/computational biology proposals in Rm. 330 
for the Academic Research Infrastructure (ARI) program as part of 
the selection process for awards.
    Reason for Closing: The proposals being reviewed include 
information of a proprietary or confidential nature, including 
technical information; financial data, such as salaries; and 
personal information concerning individuals associated with the 
proposals.
    These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of 
the Government in the Sunshine Act.

    Dated: May 8, 1995.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 95-11696 Filed 5-10-95; 8:45 am]
BILLING CODE 7555-01-M
Francisco PEREZ, petitioner, v. PENNSYLVANIA.

No. 12-8421.

Supreme Court of the United States

April 1, 2013.

Petition for writ of certiorari to the Superior Court of Pennsylvania, Harrisburg Office, denied.
Exhibit 10.29


 


Summary of Non-Equity
Compensation of Named Executive Officers as of October 31, 2008


 


The
Board of Directors, upon the recommendation of its Compensation Committee,
determines the compensation of the Chief Executive Officer and other executive
officers of the Company, including individual elements of salary, bonus,
incentive and equity compensation.  The annual base salary of each of the
Company’s named executive officers as of October 31, 2008 is as
follows:  Kenneth T. Hern, Chairman and Chief Executive Officer—$125,000;
Jay Fillman, Chief Financial Officer (May 2008 until present)—$144,000;
David Gullickson, Chief Financial Officer (January 2007 until May 2008)—$192,000;
Fred Zeidman, Interim President—$180,000; Richard Talley, Chief Operating
Officer—$125,000; Russell D. Sammons, Vice President of
Marketing—$125,000.  David Gullickson,
former Chief Financial Officer of the Company, resigned in May 2008, and
J.D. McGraw, former President of the Company, resigned in September 2008. 
Pursuant to Item 402(a)(3) of Regulation S-K, the “named executive
officers” consist of all individuals serving as the registrant’s principal
executive officer or acting in a similar capacity during the last completed
fiscal year (“PEO”), regardless of compensation level; all individuals serving
as the registrant’s principal financial officer or acting in a similar capacity
during the last completed fiscal year (“PFO”), regardless of compensation
level; the registrant’s three most highly compensated executive officers other
than the PEO and PFO who were serving as executive officers at the end of the
last completed fiscal year; and up to two additional individuals for whom
disclosure would have been provided pursuant to the preceding clause but for
the fact that the individual was not serving as an executive officer of the
registrant at the end of the last completed fiscal year.  Each executive officer is eligible to
participate in such employee benefit plans as the Company may provide to
employees generally.
[Federal Register Volume 60, Number 83 (Monday, May 1, 1995)]
[Notices]
[Pages 21232-21233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10573]



=======================================================================
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DEPARTMENT OF TRANSPORTATION


Aviation Proceedings; Agreements Filed During the Week Ended 
April 21, 1995

    The following Agreements were filed with the Department of 
Transportation under the provisions of 49 U.S.C. 412 and 414. Answers 
may be filed within 21 days of date of filing.

Docket Number: 50297

    Date filed: April 18, 1995.
    Parties: Members of the International Air Transport Association.
    Subject: Request For Interim Approval of Amendment To The 
Provisions For The Conduct Of IATA Traffic Conferences.
    The amendment was adopted by the IATA Executive Committee at its 
159th meeting. The amendment involves Article VI, Paragraph 9 of the 
Provisions and reads as follows (new text underlined):
    One-third of the representatives of the voting Members of a 
Tariff Conference, and one-fifth of the representatives of the 
voting Members of a Services Conference or Agency Conference which 
have nominated an Accredited Representative to such Conference, or 
their respective designated alternates acting in their place and 
stead, shall constitute the quorum at any meeting of the Traffic 
Conference concerned: (* * *)

(remainder of paragraph 9 unchanged)

Docket Number: 50298

    Date filed: April 18, 1995. [[Page 21233]] 
    Parties: Members of the International Air Transport Association.
    Subject: TC2/TC12 Mail Vote 739, Rescission of Fare Increase 
from Sudan.
    Proposed Effective Date: May 1, 1995.
Paulette V. Twine,
Chief, Documentary Services Division.
[FR Doc. 95-10573 Filed 4-28-95; 8:45 am]
BILLING CODE 4910-62-P
[Federal Register Volume 60, Number 86 (Thursday, May 4, 1995)]
[Notices]
[Page 22073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10983]



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DEPARTMENT OF THE INTERIOR

Notice of Receipt of Applications for Permit

    The following applicants have applied for a permit to conduct 
certain activities with endangered species. This notice is provided 
pursuant to Section 10(c) of the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531 et seq.):

PRT-801914

Applicant: Savannah River Ecology Laboratory, University of Georgia, 
Aiken, South Carolina.

    Perform recovery-related management and monitoring activities on 
the endangered wood stork, Mycteria americana, for the purposes of 
enhancement of survival of the species.

PRT-801913

Applicant: Barrett Kays and Associates, Raleigh, North Carolina.

    Perform recovery-related monitoring activities on the endangered 
dwarf-wedge mussel, Alasmidenta heterodon, to enhance the survival of 
the species.
    Written data or comments on any of these applications should be 
submitted to: Regional Permit Coordinator, U.S. Fish and Wildlife 
Service, 1875 Century Boulevard, Suite 200, Atlanta, Georgia 30345. All 
data and comments must be received within 30 days of the date of this 
publication.
    Documents and other information submitted with these applications 
are available for review, subject to the requirements of the Privacy 
Act and the Freedom of Information Act, by any party who submits a 
written request for a copy of such documents to the following office 
within 30 days of the date of publication of this notice: U.S. Fish and 
Wildlife Service, 1875 Century Boulevard, Suite 200, Atlanta, Georgia 
30345 (Attn: Permit Coordinator). Telephone: 404/679-7110; Fax: 404/
679-7280.

    Dated: April 28, 1995.
Judy L. Jones,
Acting Regional Director.
[FR Doc. 95-10983 Filed 5-3-95; 8:45 am]
BILLING CODE 4310-55-P
[Federal Register Volume 60, Number 97 (Friday, May 19, 1995)]
[Notices]
[Page 26877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12191]



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DEPARTMENT OF DEFENSE
Department of the Army


Final Environmental Impact Statement To Assess the Impacts of 
Disposal of Fort Devens Property and Potential Reuses of the Property 
and the Socioeconomic Impacts of the Closure of Fort Devens on the 
Local Communities

agency: Department of the Army, DoD.

action: Notice of availability.

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

summary: In compliance with the National Environmental Policy Act and 
the President's Council on Environmental Quality, the Army has prepared 
a Final Environmental Impact Statement (FEIS) for disposal of excess 
property at Fort Devens, Massachusetts. The FEIS also analyzes impacts 
on a range of potential reuse alternatives.
    Copies of the FEIS have been forwarded to various federal agencies, 
state and local agencies, and predetermined interested organizations 
and individuals.

dates: This FEIS will be available to the public for 30 days, after 
which the Army will prepare a Record of Decision for the Army action.

addresses: Copies of the Final Environmental Impact Statement can be 
obtained by writing or calling Ms. Susan E. Brown, New England 
Division, U.S. Army Corps of Engineers, 424 Trapelo Road, Waltham, MA 
02254-9149, telephone (617) 647-8536. Ms. Brown can also be reached by 
telefax at (617) 647-8560.

    Dated: May 11, 1995.
Richard E. Newsome,
Acting Deputy Assistant Secretary of the Army (Environment, Safety and 
Occupational Health) OASA (IL&E).
[FR Doc. 95-12191 Filed 5-18-95; 8:45 am]
BILLING CODE 3710-08-M
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1462 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1462

To amend title 38, United States Code, to reduce from age 57 to age 55 
    the age after which the remarriage of the surviving spouse of a 
  deceased veteran shall not result in termination of dependency and 
   indemnity compensation otherwise payable to that surviving spouse.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 5, 2005

Mr. Bilirakis introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
To amend title 38, United States Code, to reduce from age 57 to age 55 
    the age after which the remarriage of the surviving spouse of a 
  deceased veteran shall not result in termination of dependency and 
   indemnity compensation otherwise payable to that surviving spouse.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REDUCTION FROM AGE 57 TO AGE 55 THE AGE AFTER WHICH A 
              SURVIVING SPOUSE'S REMARRIAGE SHALL NOT RESULT IN 
              TERMINATION OF DEPENDENCY AND INDEMNITY COMPENSATION.

    (a) Reduction in Age.--Section 103(d)(2)(B) of title 38, United 
States Code, is amended--
            (1) in the first sentence, by striking ``age 57'' and 
        inserting ``age 55''; and
            (2) by striking the second sentence.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on--
            (1) the first day of the first month that begins after the 
        date of the enactment of this Act; or
            (2) the first day of the fiscal year that begins in the 
        calendar year in which this Act is enacted, if later than the 
        date specified in paragraph (1).
    (c) Retroactive Benefits Prohibited.--No benefit may be paid to any 
person by reason of the amendment made by subsection (a) for any period 
before the effective date specified in subsection (b).
    (d) Application for Benefits.--In the case of an individual who but 
for having remarried would be eligible for benefits under title 38, 
United States Code, by reason of the amendment made by subsection (a) 
and whose remarriage was before the date of the enactment of this Act 
and after the individual had attained age 57, the individual shall be 
eligible for such benefits by reason of such amendment only if the 
individual submits an application for such benefits to the Secretary of 
Veterans Affairs not later than the end of the one-year period 
beginning on the date of the enactment of this Act.
                                 <all>
```
Marla JAMES, et al., petitioners, v. CITY OF COSTA MASA, CALIFORNIA, et al.

No. 12-1140.

Supreme Court of the United States

May 20, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) CASE NO.: 1:12-CR-2-TLS

)

ANNA DECK )

ORDER ACCEPTING FINDINGS AND RECOMMENDATION

This matter is before the Court on the Findings and Recommendation of the United States

Magistrate Judge [ECF No. 23] filed on April 4, 2012. The Defendant has waived objection to the

Findings and Recommendation, and the Court, being duly advised, adopts the Findings and

Recommendation [ECF No. 23] in its entirety and accepts the recommended disposition. Subject to

this Court’s consideration of the Plea Agreement pursuant to Fed. R. Crim. P. 11(c)(3), the plea of

guilty to the offense charged in Count 1 of the Indictment is hereby accepted, and the Defendant is

adjudged guilty of such offense. 

Any request for a sentence involving a departure under the United States Sentencing

Guidelines, or for a variance above or below a Guidelines sentence pursuant to 18 U.S.C. § 3553(a),

with the exception of matters raised pursuant to §5K1.1 of the Guidelines, shall be communicated to

the probation officer and opposing counsel, in writing, within fourteen (14) days following initial

disclosure of the pre-sentence report. Any sentencing memorandum addressing these or any other

issues, including requests for a departure based on § 5K1.1, shall be filed with the Court no later

than seven (7) days prior to the sentencing hearing. The notice of sentencing and pre-sentence

scheduling deadlines will be issued by separate order.

SO ORDERED on April 19, 2012. 

 s/ Theresa L. Springmann 

THERESA L. SPRINGMANN

UNITED STATES DISTRICT COURT