alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
18.

EXHIBIT 32.1

SECTION 1350 CERTIFICATION

The undersigned herby certifies, pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 and in connection with this Quarterly Report on form 10-Q, that:

o    the report fully complies with the requirements of Sections 13(a) and 15(d)
     of the Securities Exchange Act of 1934, as amended, and

o    the information contained in the report fairly presents, in all material
     respects, the Company's financial condition and results of operation.

The foregoing certification is being furnished solely pursuant to 18U.S.C.
Section 1350 and is not being filed as part of the report or as a separate
disclosure document.


   /s/ Francis J. Evanitsky
---------------------------------------------------
   Francis J. Evanitsky, President, CEO &
   Chief Financial Officer


Dated:    August 3, 2005
       -------------------
#### The People of the State of New York, Respondent, v Claude Mullgrav, Respondent, and Frederick A. O. Schwarz, Jr., as Corporation Counsel of the City of New York, Appellant.

— In a proceeding to quash a subpoena, the appeal is from an order of the Supreme Court, Queens County (Lakritz, J.), dated January 24, 1985, which directed appellant to deliver to respondent Mullgrav certain documents.

Appeal dismissed, without costs or disbursements.

Respondent Mullgrav’s trial having been completed, the instant appeal is now academic. Mollen, P. J., Titone, Lazer and Thompson, JJ., concur.
#### In re ANGEL et al. In the matter of Myron Angel and another.

(Supreme Court, Appellate Division, First Department.

February 18, 1898.)

T. Cleveland, for appellant.

W. H. Ingersoll, for respondent.

No opinion. Order affirmed, with $10 costs and disbursements.
#### Gregorio Reyes SALGADO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 09-73913.

United States Court of Appeals, Ninth Circuit.

Submitted May 24, 2011.*

Filed June 6, 2011.

Martin Zaehringer, Esq., Ventura, CA, for Petitioner.

Stefanie N. Hennes, Trial, Oil, DOJ-U.S. Department Of Justice, Washington, DC, Chief Counsel Ice, Office Of The Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Gregorio Reyes Salgado, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, *Rendon v. Mukasey,*520 F.3d 967, 971 (9th Cir.2008), and we deny the petition for review.

The agency properly concluded that Sal-gado’s conviction for possession of marijuana for sale in violation of California Health & Safety Code § 11359 constitutes an aggravated felony as defined in 8 U.S.C. § 1101(a)(43)(B). *See id.*975-76 (possession of a controlled substance with the intent to sell contains a trafficking element and is an aggravated felony). Salgado is therefore statutorily ineligible for cancellation of removal. *See*8 U.S.C. § 1229b(a)(3).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Motion Granted; Appeal Dismissed and Memorandum Opinion filed April 3 ,

2014

.

In The



## Fourteenth Court of Appeals

NO. 14

- 12

- 01167

- CV

CATHY X. CLARK, ROSS A. CLARK AND HUA XU , Appellant s

V.

CHARLES HAMMOND, III , Appellee

On Appeal from the 157th District Court

Harris County, Texas Trial Court Cause No. 2012

- 43081

M E M O R A N D U M O P I N I O N
This is an appeal from a n order signed January 4, 2013. On March 11, 2014, appellants filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1 (a)(1)

. The motion is gran ted.
Accordingly, the appeal is ordered dismissed.

PER CURIAM
Panel consists of Justices McCally, Busby and Donovan.
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#### Mark S. MUSZYNSKI, Plaintiff-Appellant, v. D.L. RUNNELS; et al., Defendants-Appellees.

No. 10-15808.

United States Court of Appeals, Ninth Circuit.

Submitted June 15, 2011.*

Filed July 1, 2011.

Mark S. Muszynski, Soledad, CA, pro se.

Kelli Hammond, Esquire, Deputy Attorney General, Office of the California Attorney General, Sacramento, CA, Jose Zeli-don-Zepeda, Attorney General Office, San Francisco, CA, for Defendants-Appellees.

Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Mark S. Muszynski, a California state prisoner, appeals pro se from the district court’s order denying his motion for reconsideration following a settlement agreement in his 42 U.S.C. § 1988 action. To the extent we have jurisdiction, it is under 28 U.S.C. § 1291. We review for an abuse of discretion the denial of a motion to reconsider. *Sch. Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc.,*5 F.3d 1255, 1262 (9th Cir.1993). We affirm.

The district court did not abuse its discretion by denying Muszynski’s motion for reconsideration under Fed.R.Civ.P. 59 because Muszynski did not present any newly discovered evidence, nor did he advance any other viable ground for relief. *See id.*at 1263; *Coastal Transfer Co. v. Toyota Motor Sales,*U.S.A., 833 F.2d 208, 212 (9th Cir.1987) (evidence is not “newly discovered” if it was in the moving party’s possession prior to judgment).

We lack jurisdiction to consider Muszyn-ski’s contentions concerning the underlying merits of this action because it was voluntarily dismissed without prejudice. *See Concha v. London,*62 F.3d 1493, 1507 (9th Cir.1995) (voluntary dismissal without prejudice is not appealable).

We deny Muszynski’s request in his reply brief for appointment of counsel.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
GST-2014.12.31-Exhibit 10.21 Third Amendment to Employment Agreement Gerlich


Exhibit 10.21


THIRD AMENDMENT TO
EMPLOYMENT AGREEMENT


THIS THIRD AMENDMENT TO EMPLOYMENT AGREEMENT is entered into by and between Gastar Exploration Inc. (f/k/a Gastar Exploration USA, Inc. and successor in interest to Gastar Exploration, Inc. (f/k/a Gastar Exploration Ltd.)), a Delaware corporation (the “Company”), and Michael A. Gerlich (“Gerlich”) as of March 10, 2015.
WHEREAS, the Company and Gerlich have heretofore entered into that certain Employment Agreement effective as of April 26, 2005, and subsequently amended on July 25, 2008 and April 10, 2012 (the “Employment Agreement”); and
WHEREAS, the Company and Gerlich desire to further amend the Employment Agreement;
NOW, THEREFORE, in consideration of the premises set forth above and the mutual agreements set forth herein, the Company and Gerlich hereby agree, effective as of the date set forth above, that the Employment Agreement shall be amended as hereafter provided:
1.Section 8(b) is amended to read as follows:
Amount of Severance Payment.  Gerlich shall receive a lump sum severance payment equal to the product of (i) 2.5 and (ii) the sum of (A) his highest rate of annual base salary in effect at any time during the one year period preceding Gerlich’s termination of employment and (B) Gerlich’s target annual bonus percentage in effect as of the time of termination multiplied by such highest rate of annual base salary, and if Gerlich timely elects COBRA health plan continuation coverage under the Company’s group health plan, the Company shall pay Gerlich, on the first of each month during his COBRA continuation period, an amount equal to his required COBRA premium.  If Gerlich dies during the COBRA continuation period, this health plan continuation coverage and the Company’s monthly payment of the COBRA premium amount will continue for the benefit of Gerlich’s eligible beneficiary(ies) for the remainder of the COBRA continuation period applicable to them.
Except as expressly modified by this Second Amendment, the terms of the Employment Agreement shall remain in full force and effect and are hereby confirmed and ratified.  The Gastar Exploration Inc. Employee Change of Control Severance Plan (“Severance Plan”) provides severance benefits thereunder are to be offset by the severance benefits provided under this Employment Agreement to avoid any duplication of benefits.  Nothing in the Severance Plan shall be construed or operate to eliminate the COBRA continuation coverage and Company monthly COBRA premium payments provided to surviving beneficiaries of Gerlich under this Employment Agreement.









IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment effective for all purposes as of the date first set forth above.
GASTAR EXPLORATION INC.                


By: /s/ J. Russell Porter                
Name: J . Russell Porter                    
Title:President and Chief Executive Officer            






GERLICH
/s/ Michael A. Gerlich            
Michael A. Gerlich

-2-
20150311Exhibit 10.2





November 17, 2014


Omid Tahernia, President & CEO
c/o Ikanos Communications, Inc.
47669 Fremont Boulevard
Fremont, California  94538


Dear Omid:


Pursuant to a decision by the Compensation Committee of the Board of Directors, we have agreed to the following modification to your offer letter dated May 30, 2012, as amended on September 5, 2013 (collectively, the “Offer Letter”), as follows:


The definition of “Change of Control” has been amended and replaced in its entirety by the following:


“‘Change of Control’ means the occurrence of any of the following events: (i) any ‘person’ (as such term is used in Sections 13(d) and 14(d) of the Exchange Act; other than one or more funds, individually or collectively, associated with Tallwood Venture Capital) becomes the ‘beneficial owner’ (as defined in Rule 13d-3 of the Exchange Act), directly or indirectly, of securities of the Company representing fifty percent (50%) or more of the total voting power represented by the Company’s then outstanding voting securities; (ii) the consummation of the sale or disposition by the Company of all or substantially all of the Company’s assets; (iii) a change in the composition of the Board occurring within a two-year period, as a result of which fewer than a majority of the directors are Incumbent Directors (‘Incumbent Directors’ means directors who either (A) are Directors as of the effective date of the Plan, or (B) are elected, or nominated for election, to the Board with the affirmative votes of at least a majority of the Incumbent Directors at the time of such election or nomination (but will not include an individual whose election or nomination is in connection with an actual or threatened proxy contest relating to the election of directors to the Company)); or (iv) the consummation of a merger or consolidation of the Company with any other corporation, other than a merger or consolidation which would result in the voting securities of the Company outstanding immediately prior thereto continuing to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity or its parent) at least fifty percent (50%) of the total voting power represented by the voting securities of the Company or such surviving entity or its parent outstanding immediately after such merger or consolidation.”


No other provision in your Offer Letter, other than as specifically set forth herein, shall be deemed to have been changed.  For the avoidance of doubt, the foregoing modification to your Offer Letter shall apply for purposes of your Stock Option Agreement dated June 11, 2012, which references your Offer Letter for the definition of “Change of Control” as used therein.  If the above modifications to your Offer Letter are acceptable to you, please signed where indicated below.


Very sincerely yours,


Ikanos Communications, Inc.


/s/ George Pavlov
George Pavlov
Chairman, Compensation Committee of the Board of Directors


AGREED AND ACCEPTED:


/s/ Omid Tahernia        
Omid Tahernia
Exhibit 1012



		

			Exhibit 10.12

		


		

			 

		




		
			 
		

		
			Board/Committee Compensation
		

		
			 
		

			
					
						Type of Compensation

					
					
						Amount

				
	
					
						Annual Board Cash Retainer

					
					
						$40,000 (payable March 31 of each year)

				
	
					
						Annual Equity Grant

					
					
						$100,000 (issued March 31 of each year based on the trading price on such date (or the next trading day if such date is not a trading day); fully vested upon issuance)

				
	
					
						Board Meeting Fees

					
					
						$1,500 for each meeting

				
	
					
						Committee Meeting Fees

					
					
						$1,000 for each substantive meeting of each committee of the Board

				
	
					
						Annual Committee Chair Retainer

					
					
						$15,000 for Audit Committee Chair

					
						$10,000 for Compensation Committee Chair

					
						$8,500 for Nominating and Corporate Governance Committee Chair

					
						 

				
	
					
						 

					
					
						 

				
	
					
						 

					
					
						 

				
	
					
						 

					
					
						 

				
	
					
						 

					
					
						 

				
	
					
						 

					
					
						 

				



		
			 
		

		
			 
		

		 


		

			-1-
#### CUMMINGS v. CARRINGTON et al.

(Supreme Court, Appellate Division, Fourth Department.

March 27, 1912.)

Action by Michael J. Cummipgs against Frederick T. Carrington and others. No opinion. Order affirmed with $10 costs and disbursements.
Exhibit 32

                            CERTIFICATION OF OFFICERS
                                  OF XRG, INC.
                           PURSUANT TO 18 USC ss. 1350


Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsection (a) and
(b) of Section 1350, Chapter 63 of Title 18, United States Code) each of the
undersigned officers of XRG, Inc. (the "Company") does hereby certify, to such
officer's knowledge, that:

         (a) The annual report on Form 10-KSB for the year ended March 31, 2004
of the Company fully complies with the requirements of section 13(a) or 15(b) of
the Securities Exchange Act of 1934; and

         (b) Information contained in the Form 10-KSB fairly presents, in all
material respects, the financial condition and results of operations of the
Company.


Dated:    July 12, 2004


/s/ Kevin Brennan
----------------------
Kevin Brennan,
Chief Executive Officer


/s/ Stephen Couture
-----------------------
Stephen Couture,
Chief Financial Officer
[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35093-35094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14007]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

[Docket No. CDC-2021-0060]


Advisory Committee on Immunization Practices (ACIP); Cancellation 
of Meeting

    Notice is hereby given of a change in the meeting of the Advisory 
Committee on Immunization Practices (ACIP); June 18, 2021, 11:00 a.m. 
to 5:00 p.m., EDT (dates and times subject to change), in the original 
FRN.
    The virtual meeting was published in the Federal Register on June 
15, 2021, Volume 86, Number 113, pages 31716-31717.
    Due to the Federal holiday on June 18, 2021, the ACIP meeting has 
been canceled in its entirety. In addition, the previously scheduled 
June 18, 2021 agenda items will be discussed at the ACIP meeting on 
June 23-25, 2021. Additionally, public comments submitted to docket 
number CDC-2021-0060 will be shared with ACIP members at or prior to 
the June 23-25, 2021 meeting.

FOR FURTHER INFORMATION CONTACT: Stephanie Thomas, ACIP Committee 
Management Specialist, Centers for Disease Control and Prevention, 
National Center for Immunization and Respiratory Diseases, 1600 Clifton 
Road NE, MS-H24-8, Atlanta, Georgia 30329-4027; Telephone: (404) 639-
8367; Email: <a href="/cdn-cgi/l/email-protection#a8e9ebe1f8e8cbcccb86cfc7de"><span class="__cf_email__" data-cfemail="5514161c05153631367b323a23">[email protected]</span></a>.
    The Director, Strategic Business Initiatives Unit, Office of the 
Chief Operating Officer, Centers for Disease Control and Prevention, 
has been delegated the authority to sign Federal Register notices 
pertaining to announcements of meetings and other committee management 
activities, for both the Centers for Disease Control and

[[Page 35094]]

Prevention and the Agency for Toxic Substances and Disease Registry.

Kalwant Smagh,
Director, Strategic Business Initiatives Unit, Office of the Chief 
Operating Officer, Centers for Disease Control and Prevention.
[FR Doc. 2021-14007 Filed 6-30-21; 8:45 am]
BILLING CODE 4163-18-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### State of Connecticut *v.*John H. Gagnon

*John H. Gagnon,*pro se, in support of the petition.

*Paul J. Ferencek,*deputy assistant state’s attorney, and *Mary Elizabeth Baran,*assistant state’s attorney, in opposition.

Decided November 9, 1989

The defendant’s petition for certification for appeal from the Appellate Court, 18 Conn. App. 694, is denied.
# Il-Ġurnal Uffiċjali C 93I/2022

| | ISSN 1977-0987 |
| --- | --- |
| Il-Ġurnal Uffiċjali
  tal-Unjoni Ewropea | C 093I |
| | |
| Edizzjoni bil-Malti | Informazzjoni u Avviżi | Volum 6528 ta' Frar 2022 |

ISSN 1977-0987

Il-Ġurnal Uffiċjali

tal-Unjoni Ewropea

C 093I

Edizzjoni bil-Malti

Informazzjoni u Avviżi

Volum 6528 ta' Frar 2022

---

| Werrej | Paġna |
| --- | --- |
| | IV   Informazzjoni |
| | INFORMAZZJONI MINN ISTITUZZJONIJIET, KORPI, UFFIĊĊJI U AĠENZIJI TAL-UNJONI EWROPEA |
| | Il-Kummissjoni Ewropea |
| 2022/C 93 I/01 | Avviż lill-importaturi — L-importazzjonijiet fl-Unjoni ta’ oġġetti li joriġinaw miż-żoni mhux ikkontrollati mill-gvern tal-oblasts tal-Ukrajna ta’ Donetsk u Lugansk | 1 |

Werrej

Paġna

IV   Informazzjoni

INFORMAZZJONI MINN ISTITUZZJONIJIET, KORPI, UFFIĊĊJI U AĠENZIJI TAL-UNJONI EWROPEA

Il-Kummissjoni Ewropea

2022/C 93 I/01

Avviż lill-importaturi — L-importazzjonijiet fl-Unjoni ta’ oġġetti li joriġinaw miż-żoni mhux ikkontrollati mill-gvern tal-oblasts tal-Ukrajna ta’ Donetsk u Lugansk

1

---

| MT | |
| --- | --- |

MT

---

IV Informazzjoni

INFORMAZZJONI MINN ISTITUZZJONIJIET, KORPI, UFFIĊĊJI U AĠENZIJI TAL-UNJONI EWROPEA

Il-Kummissjoni Ewropea

| 28.2.2022 | MT | Il-Ġurnal Uffiċjali tal-Unjoni Ewropea | CI 93/1 |
| --- | --- | --- | --- |

28.2.2022

MT

Il-Ġurnal Uffiċjali tal-Unjoni Ewropea

CI 93/1

---

Avviż lill-importaturi

L-importazzjonijiet fl-Unjoni ta’ oġġetti li joriġinaw miż-żoni mhux ikkontrollati mill-gvern tal-oblasts tal-Ukrajna ta’ Donetsk u Lugansk

(2022/C 93 I/01)

Ir-Regolament tal-Kunsill (UE) 2022/263 tat-23 ta’ Frar 2022 dwar miżuri restrittivi b’reazzjoni għar-rikonoxximent taż-żoni mhux ikkontrollati mill-gvern tal-oblasts tal-Ukrajna ta’ Donetsk u Luhansk u d-deċiżjoni li jintbagħtu l-forzi armati Russi f’dawk iż-żoni (1), introduċa projbizzjoni tal-importazzjoni fl-Unjoni Ewropea ta’ oġġetti li joriġinaw f’dawk iż-żoni mill-għada tal-pubblikazzjoni tiegħu.

L-importaturi fl-Unjoni qed jingħataw parir li jieħdu ħsieb li jaċċertaw l-oriġini reali tal-oġġetti li jiddikjaraw peress li jeżistu r-riskji li l-oġġetti soġġetti għall-projbizzjoni prevista fir-Regolament imsemmi hawn fuq jiġu importati fl-Unjoni minn pajjiżi ġirien tal-Ukrajna, b’mod partikolari r-Russja u l-Belarussja. Dan jista’ jkun speċjalment il-każ għall-prodotti tal-faħam bl-intestatura CN 2701 u l-prodotti tal-azzar bl-intestaturi CN 7201 sa 7207 u bl-intestaturi CN 7304, 7305 u 7306. Fid-dawl ta’ dak ir-riskju ta’ ċirkomvenzjoni, ir-rilaxx għal ċirkolazzjoni libera ta’ dawn il-prodotti importati mir-Russja u l-Belarussja jista’ jkun soġġett għall-għoti ta’ evidenza konklużiva lid-dwana li dawn l-oġġetti mhumiex inklużi fil-projbizzjoni tal-importazzjoni ta’ oġġetti li joriġinaw miż-żoni tal-Ukrajna ta’ Donetsk u Luhansk mhux ikkontrollati mill-gvern.

---

(1)  ĠU L 42 I, 23.2.2022, p. 77.

---
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 22

- 00377

- CV

D AISY C HOU

, Appellant

V

.

A CCLAIM P HYSICIAN G ROUP

, I NC

. , Appellee §

§

§

§ On Appeal from the 348th District Cou rt

of Tarrant County ( 348

- 332744

- 22 )

November 17, 2022

Memorandum Opinion by Justice Wallach

JUDGMENT

This court has considered the record on appeal in this case and holds that the

appeal should be dismissed. It is ordered that the appeal is dismiss e d for want of

jurisdiction

.

SECOND DISTRICT COURT OF APPEALS

By _ /s/ Mike Wallach

___________________ Justice Mike Wallach