alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

CANDIDO ROSAS OCAMPO; et al.,

 Petitioners,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 07-74381

Agency Nos. A095-296-457

A095-296-458

A095-296-459

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted April 5, 2010** 

Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.

Candido Rosas Ocampo, Victoria Sanchez Hernandez, and their son, natives

and citizens of Mexico, petition pro se for review of the Board of Immigration

Appeals’ (“BIA”) order denying their motion to reopen. We have jurisdiction

FILED

APR 14 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 07-74381

pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a

motion to reopen. Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002). We deny the

petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to

reopen because the motion failed to set forth any new facts or submit any new

evidence contrary to the Immigration Judge’s dispositive determination that they

failed to demonstrate the continuous physical presence required for cancellation of

removal. See id. (The BIA’s denial of a motion to reopen shall be reversed if it is

“arbitrary, irrational, or contrary to law.”); see also 8 U.S.C. § 1229b(b)(1). 

Petitioners’ due process claim therefore fails. See Lata v. INS, 204 F.3d 1241,

1246 (9th Cir. 2000) (requiring error for due process violation).

PETITION FOR REVIEW DENIED.
Ex. 99.1

                   PRINCIPAL EXECUTIVE OFFICER CERTIFICATION

I, Klaus Kjaerulff, certify that:

1. I have  reviewed  this annual  report on Form 20-F of A/S  Steamship  Company
Torm;

2.  Based on my  knowledge,  this  annual  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 annual
report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included  in this annual  report,  fairly  present in all  material
respects the financial  condition,  results of operations  and cash flows of the
registrant as of, and for, the periods presented in this annual 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 13a-14 and 15d-14) for the registrant and we have:

     a) designed such disclosure controls and procedures 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  annual  report  is being
     prepared;

     b) evaluated the effectiveness of the registrant's  disclosure controls and
     procedures  as of a date  within 90 days prior to the  filing  date of this
     annual report (the "Evaluation Date"); and

     c) presented in this annual report our conclusions  about the effectiveness
     of the disclosure controls and procedures based on our evaluation as of the
     Evaluation Date;

5. The registrant's other certifying officer and I have disclosed,  based on our
most recent evaluation,  to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent function):

     a) all  significant  deficiencies  in the design or  operation  of internal
     controls which could adversely affect the  registrant's  ability to record,
     process,  summarize and report  financial data and have  identified for the
     registrant's auditors any material weaknesses in internal controls; and

     b) any fraud,  whether or not material,  that involves  management or other
     employees  who  have  a  significant  role  in  the  registrant's  internal
     controls; and

6. The registrant's other certifying officer and I have indicated in this annual
report whether or not there were significant  changes in internal controls or in
other factors that could  significantly  affect internal controls  subsequent to
the date of our most recent  evaluation,  including any corrective  actions with
regard to significant deficiencies and material weaknesses.

June 30, 2003

/s/ Klaus Kjaerulff
-------------------
Klaus Kjaerulff

Chief Executive Officer

03810.0001  #413887
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EXHIBIT 10.10(g)

SIXTH AMENDMENT

TO

ADVANCED MEDICAL OPTICS, INC.

401(K) PLAN

The ADVANCED MEDICAL OPTICS, INC. 401(k) PLAN (the Plan) is hereby amended as follows:



|I. | Section 2.20 of the Plan is amended by renumbering subsection (k) as subsection (1) and by adding the following new subsection (k):
|-- | -----------------------------------------------------------------------------------------------------------------------------------

(i) An Eligible Employee who was employed by Suppleyes, Inc. on the day prior to the Closing Date (as such date is defined in the Asset
Purchase Agreement by and between Advanced Medical Optics, Inc. and Suppleyes, Inc. dated May 14, 2008) shall receive Credited Service for any period of employment with Suppleyes, Inc. for purposes of the participation, vesting, and
in-service withdrawal provisions of the Plan but shall not receive Credited Service for any period of employment with Suppleyes, Inc. for purposes of determining his or her Profit Sharing Percentage pursuant to Section 5.3(c).



|II. | This Sixth Amendment shall be effective January 1, 2009. Prior to that date, employees of Suppleyes, Inc. are not eligible to participate in the Plan.
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, Advanced Medical Optics, Inc. hereby executes this Sixth Amendment to the
Advanced Medical Optics, Inc. 401(k) Plan on this 13thday of November, 2008.



|                              |  |                                                        
|----------------------------- |  | -------------------------------------------------------
|ADVANCED MEDICAL OPTICS, INC.
|                              | 
|BY:                           |  | /s/ AIMEE WEISNER                                      
|                              |  | Aimee Weisner                                          
|                              |  | Executive Vice President, Administration, and Secretary
**Exhibit 32.2**

 

**CertificationPursuant to 18 U.S.C. Section 1350, as AdoptedPursuant to**

 

**Section 906of Sarbanes-Oxley Act of 2002**

 

I, Joel Boyarski, the PrincipalFinancial Officer of WorldGate Communications, Inc., hereby certify,pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Form 10-Q/Aof WorldGate Communications, Inc., for the quarterly period ended June 30,2005, which this certification accompanies, fully complies with requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. 78m or 78o(d)) and information contained in the June 30, 2005 Form 10-Q/Afairly presents, in all material respects, the financial condition and resultsof operations of WorldGate Communications, Inc.

 

A signed original of thiswritten statement required by Section 906 has been provided to WorldGateand will be retained by WorldGate and furnished to the Securities and ExchangeCommission or its staff upon request.

 
| Dated: January 23, 2006 |   | /s/  JOEL BOYARSKI                                                  |
|-------------------------|--------|--------------------------------------------------------------------------|
|                    |   | Joel  Boyarski                                                           |
|                    |   | Chief  Financial Officer

(Principal  Financial and Accounting

Officer) |

 

----
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                       8,729,000
<SECURITIES>                                56,382,000
<RECEIVABLES>                                3,833,000
<ALLOWANCES>                                   300,000
<INVENTORY>                                  7,003,000
<CURRENT-ASSETS>                            76,419,000
<PP&E>                                       2,405,000
<DEPRECIATION>                                 516,000
<TOTAL-ASSETS>                              79,428,000
<CURRENT-LIABILITIES>                        6,902,000
<BONDS>                                        244,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       215,000
<OTHER-SE>                                  77,819,000
<TOTAL-LIABILITY-AND-EQUITY>                79,428,000
<SALES>                                      1,573,000
<TOTAL-REVENUES>                             1,573,000
<CGS>                                        3,928,000
<TOTAL-COSTS>                                9,489,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               150,000
<INTEREST-EXPENSE>                              20,000
<INCOME-PRETAX>                           (10,833,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (10,833,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (10,833,000)
<EPS-BASIC>                                      (.50)
<EPS-DILUTED>                                    (.50)


</TABLE>
Fourth Court of Appeals

San Antonio, Texas

January 13, 2015

No. 04-14-00893-CV

IN THE INTEREST OF M.C. AND T.C., Children,

From the 288th Judicial District Court, Bexar County, Texas

Trial Court No. 2014-PA-00142

Honorable Charles E. Montemayor, Judge Presiding

ORDER

The Appellant’s Motion to Withdraw and Substitute Attorney Ad Litem is DENIED AS 

MOOT.

_________________________________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 13th day of January, 2015.

___________________________________

Keith E. Hottle

Clerk of Court
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

DOMINIQUE DESEAN HELMS

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 20

- 391

[ October 15, 2020 ]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit,

Indian River County ; Dan L. Vaughn , Judge; L.T. Case No.

312012CF000982B

.

Dominique Desean Helms, Lowell, pro se.

Ashley Moody, Attorney General, Tallahassee, and Heidi L. Bettendorf,

Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

L EVINE

, C.J., G ROSS and D AMOORGIAN , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### Alicia AGUILAR, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-73058.

United States Court of Appeals, Ninth Circuit.

*413Submitted June 15, 2011.*

Filed June 29, 2011.

Todd Becraft, Law Office of Todd Be-craft, Los Angeles, CA, for Petitioner.

Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, OIL, Kathryn McKinney, U.S. Department of Justice, Washington, DC, for Respondent.

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 **

Alicia Aguilar, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals (“BIA”) order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, *Mohammed v. Gonzales,*400 F.3d 785, 791 (9th Cir.2005), and we deny the petition for review.

In her opening brief, Aguilar fails to address, and therefore has waived any challenge to, the BIA’s determination that her motion to reopen was untimely. *See Martinez-Serrano v. INS,*94 F.3d 1256, 1259-60 (9th Cir.1996) (issues that are not specifically raised and argued in a party’s opening brief are waived); *see also*8 C.F.R. § 1003.43(e)(1) — (2) (motions to reopen to apply for relief under the Nicaraguan Adjustment and Central American Relief Act, Pub.L. No. 105-100, 111 Stat. 2160, 2193 (1997), must be filed by September 11,1998).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
##### 



Exhibit 32.2 CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. 1350, AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report on Form 10-Q/A for the quarter ended
June 30, 2003, (the Report) of The Hillman Companies, Inc. (the
Registrant), as filed with the Securities and Exchange Commission on the date
hereof; I, James P. Waters, the Chief Financial Officer of the Registrant,
certify, to the best of my knowledge, that: (1) The Report fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934, as amended; and (2) The information contained in the Report fairly presents, in all material
respects, the financial conditions and results of operations of the Registrant. /s/ James P. WatersName: James P. WatersDate: March 26, 2004
# C_2019220EN.01001502.xml

| 1.7.2019 | EN | Official Journal of the European Union | C 220/15 |
| --- | --- | --- | --- |

1.7.2019

EN

Official Journal of the European Union

C 220/15

---

Appeal brought on 7 January 2019 by BI against the order of the President of the General Court delivered on 26 November 2018 in Case T-626/18 AJ BI v European Commission

(Case C-99/19 P)

(2019/C 220/20)

Language of the case: German

Parties

Appellant: BI

Other party to the proceedings: European Commission

The Court of Justice of the European Union (Seventh Chamber) dismissed the appeal by order of 21 May 2019 and ordered the unsuccessful party to pay the costs.

---
SunOpta Inc.: Exhibit 10.14 - Filed by newsfilecorp.com






Exhibit 10.14 

 

April 5, 2013 

John Ruelle 
[Address omitted] 

Dear John, 

This letter confirms the amendment to the Change of
Control and Termination without Cause provisions of your employment
agreement dated October 10, 2011.

The following replaces similar provisions which were included
in the original agreement and are effective retroactively to October 10, 2011.


Change of Control and Termination without Cause: In the
event of a Change of Control of the Company (defined as 50% or more of the
common shares owned by one investor group) all unvested options will immediately
vest.

In addition, should material changes be proposed to your
position, you will have the option to receive a lump sum severance payment equal
to: 

	 	a) 	
      twelve (12) months; plus

	 	b) 	
      an additional one (1) month per year of service (from the
      commencement of this agreement), to a maximum of eighteen (18) months, of
      the total of your then annual base salary and annual
  bonus.



You shall also receive the continuation of your auto allowance,
medical, dental and insurance benefits, with the exception of short and long
term disability insurance, for: 

	 	a) 	
      twelve (12) months; plus

	 	b) 	
      an additional one (1) month per year of service (from the
      commencement of this agreement), to a maximum of eighteen (18) months,
      following the date that employment is terminated.



In the event of termination of your employment without cause,
you will receive severance benefits equal to: 

	 	(a) 	
      twelve (12) months; plus

	 	(b) 	
      an additional one (1) month per year of service (from the
      commencement of this agreement), to a maximum of eighteen (18) months, of
      the total of your then annual base salary and annual
  bonus.



You shall also receive the continuation of your auto allowance,
medical, dental and insurance benefits, with the exception of short and long
term disability insurance, for: 

	 	(a) 	
      twelve (12) months; plus

	 	(b) 	
      an additional one (1) month per year of service (from the
      commencement of this agreement), to a maximum of eighteen (18) months,
      following the date that employment is terminated.








For the purposes of calculating severance under Change of
Control or Termination Without Cause above, the bonus will be based on the
higher of the average of the prorated year to date results, assuming a minimum
of six (6) months have elapsed for that current fiscal year plus the preceding
year bonus payout or the average bonus payout of your previous two years of
employment. 

Yours sincerely, 

	/s/ Steven Bromley 
	  
	Steven Bromley 
	Chief Executive Officer 
	SunOpta Inc.
#### Joel Warshaw et al., Respondents, v Carlis Realty Corp. et al., Defendants, and Incorporated Village of Great Neck Plaza, Appellant.

In an action to recover damages for personal injuries, etc., the defendant Incorporated Village of Great Neck Plaza (hereinafter the Village) appeals from so much of (1) an order of the Supreme Court, Nassau County (Christ, J.), dated May 16,1984, as granted plaintiffs’ motion for a severance of the action as against the Village and for a default judgment against it and denied those branches of its cross motion which were to vacate its default in answering the complaint and to compel the plaintiffs to accept its answer, and (2) an order of the same court, dated June 25, 1984, as upon reargument of the plaintiffs’ motion and those branches of its cross motion which were to vacate its default and to compel plaintiffs to accept its answer, adhered to the original determination.

Appeal from the order dated May 16,1984, dismissed, without costs or disbursements. That order was superseded by the order dated June 25, 1984, made upon reargument.

Order dated June 25,1984, reversed insofar as appealed from, without costs or disbursements, and upon reargument, so much of the order dated May 16, 1984, as granted the plaintiffs’ motion for a severance against the Village and denied those branches of the Village’s cross motion which were to vacate its default in answering and to compel plaintiffs to accept its answer vacated, plaintiffs’ motion denied, and those branches of *920appellant’s cross motion granted on condition that appellant’s counsel personally pay plaintiffs the sum of $500. The time to pay the $500 is extended until 30 days after service upon appellant’s counsel of a copy of the order to be made hereon, with notice of entry. In the event the condition is not complied with, then order dated June 25, 1984, affirmed, with costs. Upon compliance with the condition, appellant’s proposed answer, which was annexed to its papers in opposition to plaintiffs’ motion and in support of its cross motion, is deemed timely served.

In view of (1) the minimal period of delay in serving the answer, (2) the lack of prejudice to plaintiffs, and (3) the submission by the appellant of affidavits demonstrating the existence of meritorious defenses to the action, Special Term abused its discretion in granting plaintiffs’ motion for leave to enter a default judgment against appellant and denying the appellant’s cross motion to vacate its default in answering the complaint (CPLR 2005; *Wagenknecht v Government Employees.Ins. Co.,*97 AD2d 407; *cf. Junior v City of New York,*85 AD2d 683).

Nevertheless, we have imposed a sanction upon appellant’s attorneys due to their failure to seek an extension of the time to answer by written stipulation or court order within 20 days after personal service of the summons and complaint *(Wagenknecht v Government Employees Ins. Co., supra).*Mangano, J. P., Bracken, Rubin and Kunzeman, JJ., concur.
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8613

UNITED STATES OF AMERICA,
Plaintiff - Appellee,

v.

TONY HOEY,
Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Shelby. Lacy H. Thornburg, District Judge. (4:96-cr-00053-LHT-13)

Submitted: May 28, 2009 Decided: June 5, 2009

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Tony Hoey, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Tony Hoey appeals from the district court’s order
denying his motion for reduction of sentence, 18 U.S.C.

§ 3582(c) (2006). We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. United States v. Hoey , No. 4:96-cr00053-LHT-13 (W.D.N.C. Dec. 15, 2008). 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.

AFFIRMED