alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Notices]
[Page 36589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14694]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92330; File No. SR-CboeBYX-2021-013]


Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of 
Withdrawal of a Proposed Rule Change To Introduce a New Data Product To 
Be Known as Short Sale Volume Data

July 6, 2021.
    On May 28, 2021, Cboe BYX Exchange, Inc. (the ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission''), pursuant 
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') 
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to introduce a 
new data product to be known as Short Sale Volume data.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The proposed rule change was published for comment in the Federal 
Register on June 16, 2021.\3\ On June 30, 2021, the Exchange withdrew 
the proposed rule change (SR-CboeBYX-2021-013).
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 92149 (June 10, 
2021), 86 FR 32076. Comment on the proposed rule change is located 
at: https://www.sec.gov/comments/sr-cboebyx-2021-013/srcboebyx2021013.htm.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\4\
---------------------------------------------------------------------------

    \4\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-14694 Filed 7-9-21; 8:45 am]
BILLING CODE 8011-01-P
Order Michigan Supreme Court 

Lansing, Michigan 

February 1, 2008 Clifford W. Taylor,

 Chief Justice 

133208 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. ROBERTA HOPKINS, Personal Stephen J. Markman, Representative of the Estate of Justices 

Olive Herford, Deceased,

Plaintiff-Appellee, 

v SC: 133208 

 COA: 261867 

Genesee CC: 04-079449-NH 

JAMES E. GRAHAM, JR., M.D., 

JAMES E. GRAHAM, JR., M.D., P.C.,

FARAH TAHER, M.D., and PHAN ANH 

NGUYEN, 

 Defendants-Appellees, 

and 

HURLEY MEDICAL CENTER,

 Defendant-Appellant. 

_________________________________________/ 

By order of May 30, 2007, the application for leave to appeal the April 20, 2006 

judgment of the Court of Appeals was held in abeyance pending the decision in Mullins v 

St Joseph Mercy Hosp (Docket No. 131879). On order of the Court, the case having been 

decided on November 28, 2007, 480 Mich ___ (2007), the application is again considered 

and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE the 

judgment of the Court of Appeals because the court erred in invoking the doctrine of 

equitable tolling under these circumstances. Devillers v Auto Club Ins Ass’n, 473 Mich 

562, 586-587 n 65 (2005). However, because the plaintiff falls within the class of 

plaintiffs entitled to relief identified in our order in Mullins, supra, we REMAND this 

case to the Genesee Circuit Court for entry of an order denying the defendant’s motion 

for summary disposition and for further proceedings not inconsistent with this order and 

the order in Mullins. 

CAVANAGH and WEAVER, JJ., concur in the result. 
 _________________________________________ 

 

 

2

 KELLY, J., concurs and states as follows: 

I concur with the conclusion that our decision in Waltz v Wyse1

 does not bar 

plaintiff’s claim. But, as explained in my statement in Mazumder v Univ of Michigan Bd 

of Regents,2

 given the state of the law when the Court of Appeals rendered its decision, 

resort to the doctrine of equitable tolling was highly appropriate. 

1 Waltz v Wyse, 469 Mich 642 (2004). 

2 Mazumder v Univ of Michigan Bd of Regents, ___ Mich ___ (2008). 

l0129 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

February 1, 2008 

Clerk
## F I FTH 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________ Case No. 5D23- 312 LT Case No. 16
- 2017 -CF- 011217 -A

_____________________________ J OHNDRE R ISHAWN R ICHO , Appella nt,
v. STATE OF FLORIDA , Appellee .

_____________________________ On appeal from the Circuit Court for Duval County. Jeb Branham, Judge. Matthew J. Metz, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, and Kristie Regan, Assistant Attorney General, Tallahassee, for Appellee. August 29, 2023 P ER C URIAM . A FFIRMED . E DWARDS , C.J., K ILBANE , and P RATT , JJ., concur.2 ________ _____________________ Not fin al until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331 .

_____________________________
#### UNITED STATES of America, Plaintiff—Appellee, v. Tomas JAIMES-CAMPOS, Defendant—Appellant.

No. 11-4168.

United States Court of Appeals, Fourth Circuit.

Submitted: July 27, 2011.

Decided: Aug. 10, 2011.

*877David A. Eustis, Eustis & Graham, P.C., Charlottesville, Virginia, for Appellant. Timothy J. Heaphy, United States Attorney, Allessandra Stewart, Special Assistant United States Attorney, Charlottes-ville, Virginia, for Appellee.

Before NIEMEYER, MOTZ, and DIAZ, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Tomas Jaimes-Campos pled guilty to conspiracy to distribute at least 500 grams of methamphetamine, 21 U.S.C. § 846 (2006), and was sentenced to a term of 162 months imprisonment. In his plea agreement, Jaimes-Campos waived his right to appeal his sentence on any ground, including the grounds listed in 18 U.S.C. § 3742 (2006). Jaimes-Campos now seeks to appeal his sentence on the ground that the district court clearly erred in finding that he failed to accept responsibility for his offense. *U.S. Sentencing Guidelines Manual*§ 3E1.1 (2010). The government asserts that the appeal should be dismissed based on the waiver of appellate rights contained in Jaimes-Campos’ plea agreement. For the reasons that follow, we dismiss the appeal.

Whether a waiver of appellate rights in a plea agreement is enforceable is a question of law reviewed de novo. *United States v. Manigan,*592 F.3d 621, 626 (4th Cir.2010). Where the government seeks to enforce an appeal waiver and there is no claim that the government breached its obligations under the plea agreement, this court will enforce the waiver if the record establishes that (1) the defendant knowingly and intelligently agreed to waive the right to appeal; and (2) the issue being appealed is within the scope of the waiver. *Id.*at 627.

Jaimes-Campos does not claim that the waiver is invalid for any reason. The record of the Fed.R.Crim.P. 11 proceeding discloses that the district court fully complied with the requirements of Rule 11 to ensure that the guilty plea was knowing and voluntary. *See United States v. Vonn,*535 U.S. 55, 58, 122 S.Ct. 1043, 152 L.Ed.2d 90 (2002). The record also establishes that Jaimes-Campos waived his appeal rights knowingly and intelligently. First, the waiver provision was set out in detail in the plea agreement and Jaimes-Campos informed the district court that his attorney had gone over the plea agreement with him, with the help of an interpreter, and that he understood it. Second, the court asked Jaimes-Campos during the Rule 11 hearing whether he was voluntarily giving up his right to appeal his conviction and sentence and Jaimes-Cam-pos answered that he was.

*878We therefore dismiss the appeal. 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.

*DISMISSED.*
State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: November 6, 2014 518390 

________________________________

In the Matter of CHARLES 

GORDON,

Petitioner,

v MEMORANDUM AND JUDGMENT

STATE OF NEW YORK DEPARTMENT 

OF CORRECTIONS AND 

COMMUNITY SUPERVISION,

Respondent.

________________________________

Calendar Date: September 16, 2014

Before: Peters, P.J., Stein, McCarthy, Lynch and Clark, JJ.

__________

Charles Gordon, Marcy, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Kathleen M.

Treasure of counsel), for respondent.

__________

Proceeding pursuant to CPLR article 78 (transferred to this

Court by order of the Supreme Court, entered in Albany County) to

review a determination of the Commissioner of Corrections and

Community Supervision which found petitioner guilty of violating

a prison disciplinary rule.

Determination confirmed. No opinion.

Peters, P.J., Stein, McCarthy, Lynch and Clark, JJ.,

concur.
-2- 518390 

ADJUDGED that the determination is confirmed, without

costs, and petition dismissed.

ENTER:

Robert D. Mayberger

Clerk of the Court
12.31.14 Exhibit 10.14 2015 Executive Bonus Plan






Exhibit 10.14




Five9, Inc.
2015 Executive Bonus Plan
On February 3, 2015, the Compensation Committee of the Board of Directors (the “Compensation Committee”) of Five9, Inc. (the “Company”) approved performance targets for the year ending December 31, 2015 that will be used to determine the amount of cash bonus awards that may be earned, on a quarterly basis, by the Company’s Section 16 officers pursuant to the Company’s 2015 bonus program (the “2015 Bonus Program”).
Funding of the 2015 Bonus Program will be based upon the Company’s financial performance and each officer’s individual performance for the year ending December 31, 2015, using a weighting of 75% for Company financial performance and 25% for individual performance (with the exception of Michael Burkland, whose funding will be determined solely on Company financial performance, and Dan Burkland, whose funding will be determined using a weighting of 60% for sales performance and 40% for Company financial performance). Financial performance will be based upon the Company’s achievement of predetermined revenue and adjusted EBITDA targets using a weighting of 80% for performance achieved against the revenue target and 20% for performance achieved against the adjusted EBITDA target. Achievement below 90% of either the revenue target or the adjusted EBITDA target would result in no cash payout with respect to such target. Achievement up to 125% of the revenue target would result in increasing payouts up to a maximum payout of 150% of the portion of the target bonus allocated to the revenue target. Achievement up to 140% of the adjusted EBITDA target would result in increasing payouts up to a maximum payout of 180% of the portion of the target bonus allocated to the adjusted EBITDA target. In the event that the Company achieves less than 80% of the adjusted EBITDA target, the maximum cash payout for achieving the revenue target will be 100% of the revenue target bonus.
Below are the annual target bonus levels under the 2015 Bonus Program for the Company’s listed Section 16 officers:
	
							
	Name
	 
	Annual Target Bonus
(USD)
	 
	Annual Target Bonus as a Percentage of Base Salary

	Michael Burkland
	 
	$
	320,000
	 
	 
	60%

	Barry Zwarenstein
	 
	$
	147,000
	 
	 
	40%

	Moni Manor
	 
	$
	129,000
	 
	 
	44%

	Dan Burkland
	 
	$
	247,000
	 
	 
	78%

	Scott Welch
	 
	$
	92,000
	 
	 
	28%
##### 



CERTIFICATION UNDER SECTION 302 OF
THE SARBANES OXLEY ACT OF 2002
  1.
    
    I have reviewed this report on Form 10-K of Plumas Bancorp;
 2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;
 4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13(a) - 15(e)
and 15d - 15(e)) and internal control over financial reporting (as defined in Exchange Act
Rules 13a-15(f) and 15d-15(f)) for the registrant and have:
 a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls to
be designed under our supervision, to ensure that material information relating to the
registrant, including its consolidated subsidiaries, is made known to us by others within
those entities, particularly during the period in which this report is being prepared;b)
    
    Designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such
evaluation; andd)
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent quarter (the registrants
fourth quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial
reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of registrants board of directors (or persons performing the equivalent
functions):
 a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information;
andb)
    
    Any fraud, whether or not material, that involves management or other employees who
have a significant role in the registrants internal control over financial reporting.
 Date: April 19, 2006
 /s/ Andrew J. RybackAndrew J. Ryback,
Chief Financial Officer
Exhibit 23.2

INDEPENDENT AUDITORS' CONSENT

The
Board of Directors
Regal Entertainment Group:

We
consent to the incorporation by reference in the registration statements (No. 333-87958) on Form S-8 and (No. 333-108212) on
Form S-3 of Regal Entertainment Group of our report dated January 24, 2003 with respect to the consolidated balance sheet of Regal Entertainment Group and subsidiaries as of
December 26, 2002 and the combined balance sheets of Regal Entertainment Group (a combination of certain theatre interests of Anschutz) as of January 3, 2002, and the related statements
of operations, stockholders' equity and parent's investment, and cash flows for the year ended December 26, 2002 and the period under common control (March 1, 2001 to January 3,
2002), which report appears in the December 26, 2002 annual report on From 10-K of Regal Entertainment Group.

As
described in Note 2 to the consolidated financial statements, in 2002 the Company changed its method of accounting for goodwill and other intangible assets.

Nashville,
Tennessee
December 3, 2003



---

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---

EXHIBIT 32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION
1350, AS ADOPTED PURSUANT TO **SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002**

In connection with the Annual Report of Tornado Gold
International Corp. a Nevada corporation (the "Company") on Form 10-KSB/A for
the year ending December 31, 2005, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), George J. Drazenovic, Chief
Financial Officer of the Company, certifies to the best of his knowledge,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that:

(1) The Report 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 Report fairly presents, in
all material respects, the financial condition and result of operations of the
Company.

A signed original of this written statement required by Section
906 has been provided to Tornado Gold International Corp., and will be retained
by Tornado Gold International Corp. and furnished to the Securities and Exchange
Commission or its staff upon request.

/s/ George J.
DrazenovicGeorge
J. Drazenovic Chief Financial Officer 
  March 23, 2007

---
Exhibit 32.2

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350
      AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     In connection with the Annual Report of Joning, Corp. on Form 10-KSB for
the year ending August 31, 2003 as filed with the Securities and Exchange
commission on the date hereof, I, Robert J. Wilkins, Chief Financial Officer of
the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss.
906 of the Sarbanes-Oxley Act of 2002, that:

     1.   The report 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 Report fairly presents, in all
          material respects, the financial condition and result of operations of
          the Company.


July 6, 2004

/s/
-----------------------
Robert J. Wilkins
Chief Financial Officer
##### 



Exhibit 99.2

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of The Hillman Companies, Inc.
(the Company) on Form 10-Q for the period ending June 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
James P. Waters, Chief Financial Officer of The Hillman Companies, Inc.,
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



| | (1) |  | The Report 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 Report fairly presents, in all
material
respects, the financial condition and results of operations of the
Company.



/s/ James P. Waters



James P. Waters
Chief Financial Officer
August 14, 2002