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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-1526

REINALDO OLAVARRIA,

Plaintiff - Appellant,

v.

ROY COOPER, Governor; BARBARA GIBSON, Director of North Carolina 

Human Resources; MARK MARTIN, Chief Justice; CHARLTON A. ALLEN, 

Chair of the North Carolina Industrial Commission; ZACHARY PADGET; RANA 

BADWIN, in her Official Capacity; ALEXANDER WALTON, in his Official 

Capacity; ERIKA FRAZIER, in her Official Capacity; MANDY COHEN, NCDHHS 

Secretary,

Defendants - Appellees,

and

STATE OF NORTH CAROLINA,

Defendant.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. James C. Dever III, District Judge. (5:17-cv-00590-D)

Submitted: September 22, 2020 Decided: October 2, 2020

Before KING, KEENAN, and RICHARDSON, Circuit Judges.

Affirmed by unpublished per curiam opinion.
2

Reinaldo Olavarria, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
3

PER CURIAM:

Reinaldo Olavarria appeals the district court’s order granting Defendants’ postremand motions to dismiss Olavarria’s civil claims against the State of North Carolina and 

several public officials.

*

 We have reviewed the record and find no reversible error. 

Accordingly, we affirm for the reasons stated by the district court. See Olavarria v. 

Cooper, No. 5:17-cv-00590-D (E.D.N.C. Apr. 16, 2020). We dispense with oral argument 

because the facts and legal contentions are adequately presented in the materials before this 

court and argument would not aid the decisional process.

AFFIRMED

* We previously remanded this matter to the district court for further consideration 

in light of Fort Bend Cnty., Tx. v. Davis, 139 S. Ct. 1843 (2019). See Olavarria v. Cooper, 

776 F. App’x 128 (4th Cir. 2019) (No. 19-1536). Defendants filed new motions to dismiss 

on remand and the district court granted the motions, in part, and dismissed the action 

without prejudice. Although the district court’s dismissal was without prejudice, we have 

jurisdiction over this appeal. See Bing v. Brivo Sys., LLC, 959 F.3d 605, 615 (4th Cir. 

2020).
112TH CONGRESS 

2D SESSION S. CON. RES. 60 

CONCURRENT RESOLUTION 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That when the Senate recesses or adjourns 

3 on any day from Thursday, November 15, 2012, through 

4 Friday, November 16, 2012, on a motion offered pursuant 

5 to this concurrent resolution by its Majority Leader or his 

6 designee, it stand recessed or adjourned until 12:00 noon 

7 on Monday, November 26, 2012, or such other time on 

8 that day as may be specified by its Majority Leader or 

9 his designee in the motion to recess or adjourn, or until 

10 the time of any reassembly pursuant to section 2 of this 

11 concurrent resolution, whichever occurs first; and that 

12 when the House adjourns on any legislative day from Fri13 day, November 16, 2012, through Friday, November 23, 

14 2012, on a motion offered pursuant to this concurrent res15 olution by its Majority Leader or his designee, it stand 

16 adjourned until 2:00 p.m. on Tuesday, November 27, 

17 2012, or until the time of any reassembly pursuant to sec18 tion 2 of this concurrent resolution, whichever occurs first. 
2 

†SCON 60 ES 

1 SEC. 2. The Majority Leader of the Senate and the 

2 Speaker of the House, or their respective designees, acting 

3 jointly after consultation with the Minority Leader of the 

4 Senate and the Minority Leader of the House, shall notify 

5 the Members of the Senate and House, respectively, to re6 assemble at such place and time as they may designate 

7 if, in their opinion, the public interest shall warrant it. 

Passed the Senate November 15, 2012. 

Attest: 

Secretary. 

112TH CONGRESS 

2D SESSION S. CON. RES. 60 

CONCURRENT RESOLUTION 

Providing for a conditional adjournment or recess 

of Representatives. of the Senate and an adjournment of the House
#### In the Matter of Colleen A. Van Gelder, an Attorney, Resignor.

[946 NYS2d 525]

Voluntary resignation accepted and name removed from roll of attorneys. Eresent — Smith, J.P., Fahey, Carni and Sconiers, JJ. (Filed June 12, 2012.)
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Exhibit 10.13



|                  |  |                           
|----------------- |  | --------------------------
|BEA Systems, Inc. |  | 2315 North First Street   
|                  |  | San Jose, California 95131
|                  |  | Telephone: +1.408.570.8000
|                  |  | Facsimile: +1.408.570.8901
|                  |  | www.bea.com               

LOGO

April 25, 2007

Rich Gerrafo

2315 N. First Street

San Jose, CA 95110

RE: FY08 Compensation Awards

Dear Rich:

I am happy to advise you that the Compensation Committee has approved the following FY08 Cash and Equity Rewards in recognition of your contributions over the last
fiscal year.

Base Salary and Bonus Potential

Effective May 1, 2007, your new annual base salary will be $450,000, payable in accordance with our regular payroll cycle. This represents a 24% adjustment. Your target bonus will be 75% of your base salary in accordance with our FY08
Executive Staff Bonus Plan. The Plan document will be sent under separate cover. Thus, your On-Target-Earnings (OTE) will be $787,500.

You will also have
the opportunity to earn an additional bonus of $250,000 outside your standard variable compensation package. Half of the amount would be in the form of a performance bonus if you over achieve your license booking for the year. For over 100%
achievement you would receive a bonus in the amount of $75,000, with an additional $10,000 for every additional percent over achievement, not to exceed a total of $125,000. The second half would be a retention bonus with a one year earn out equal to
$125,000 to be paid 05/1/ 2008.

Equity

The
Compensation Committee also approved the granting of aNon-Qualified Stock Option to purchase 150,000 shares of Company common stock with our standard 4 year vesting for options as well as 50,000 Restricted Stock Units
(RSUs) with our standard 4 year vesting for RSUs. The option will be granted in accordance with our standard equity granting practices as soon as practicable following the Q1 FY08 earnings announcement. The RSUs will be granted in accordance
with our standard equity granting practices as soon as practicable after the Company becomes current in filing its financial statements with the SEC.

Rich, I deeply appreciate your contributions and look forward to FY08 with optimism and excitement. Thanks for all of your hard work!



|          
|----------
|Sincerely,
|          
|Alfred
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>               1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                           JUN-30-1998
<PERIOD-END>                                MAR-31-1998
<CASH>                                              172
<SECURITIES>                                          0
<RECEIVABLES>                                       737
<ALLOWANCES>                                         15
<INVENTORY>                                           0
<CURRENT-ASSETS>                                    950
<PP&E>                                              661
<DEPRECIATION>                                      375
<TOTAL-ASSETS>                                    1,442
<CURRENT-LIABILITIES>                             1,333
<BONDS>                                               0
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           0
<COMMON>                                              6
<OTHER-SE>                                          103
<TOTAL-LIABILITY-AND-EQUITY>                      1,442
<SALES>                                             933
<TOTAL-REVENUES>                                    933
<CGS>                                                 0
<TOTAL-COSTS>                                         0
<OTHER-EXPENSES>                                  1,089
<LOSS-PROVISION>                                      0
<INTEREST-EXPENSE>                                   15
<INCOME-PRETAX>                                    (171)
<INCOME-TAX>                                          0
<INCOME-CONTINUING>                                (171)
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                       (171)
<EPS-PRIMARY>                                      (.29)
<EPS-DILUTED>                                      (.29)
        


</TABLE>
<PAGE>


                                                                    EXHIBIT 32.1

                            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 Asta Funding, Inc. (the "Company") on
Form 10-K for the year ending September 30, 2005 as filed with the Securities
and Exchange Commission (the "Report"), I, Gary Stern, Chief Executive Officer
of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

           (1) The Report fully complies with the requirements of Section 13(a)
           of the Securities Exchange Act of 1934; and

           (2) The information contained in the Report fairly presents, in all
           material respects, the consolidated financial condition of the
           company as of the dates presented and the consolidated result of
           operations of the Company for the periods presented.

Dated: December 13, 2005


/s/ Gary Stern
--------------
Gary Stern
President and Chief Executive Officer



This certification has been furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and is not being filed as part of the 10-K as a
separate disclosure statement.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff per request.
[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Page 41967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16599]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ21-10-000]


Oncor Electric Delivery Company LLC; Notice of Filing

    Take notice that on July 29, 2021, Oncor Electric Delivery Company 
LLC submitted its tariff filing: Withdrawal of Oncor TFO Tariff Rate 
Changes, effective March 26, 2021.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. On or 
before the comment date, it is not necessary to serve motions to 
intervene or protests on persons other than the Applicant.
    In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
internet through the Commission's Home Page (http://www.ferc.gov) using 
the ``eLibrary'' link. Enter the docket number excluding the last three 
digits in the docket number field to access the document. At this time, 
the Commission has suspended access to the Commission's Public 
Reference Room, due to the proclamation declaring a National Emergency 
concerning the Novel Coronavirus Disease (COVID-19), issued by the 
President on March 13, 2020. For assistance, contact the Federal Energy 
Regulatory Commission at <a href="/cdn-cgi/l/email-protection#8ec8cbdccdc1e0e2e7e0ebddfbfefee1fcfacee8ebfceda0e9e1f8"><span class="__cf_email__" data-cfemail="e1a7a4b3a2ae8f8d888f84b29491918e9395a187849382cf868e97">[email protected]</span></a> or call toll-free, 
(886) 208-3676 or TYY, (202) 502-8659.
    The Commission strongly encourages electronic filings of comments, 
protests and interventions in lieu of paper using the ``eFiling'' link 
at http://www.ferc.gov. Persons unable to file electronically may mail 
similar pleadings to the Federal Energy Regulatory Commission, 888 
First Street NE, Washington, DC 20426. Hand delivered submissions in 
docketed proceedings should be delivered to Health and Human Services, 
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on August 19, 2021.

    Dated: July 29, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-16599 Filed 8-3-21; 8:45 am]
BILLING CODE 6717-01-P


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Exhibit 31.1**CERTIFICATIONS**     I, Steven L. Muellner, certify that:     1. I have reviewed this quarterly report on Form 10-Q of Meade Instruments Corp.;     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;     4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which this report isbeing prepared;  b) evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures as of the end of the period covered by this report based on suchevaluation; and  c) disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and     5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions): a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and  b) any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.     Date: December 11, 2006  By: /s/ Steven L. Muellner       President and CEO  
27
rm-ex105_11.htm



Exhibit 10.5

Description of Non-Employee Director Compensation Program

Regional Management Corp. (the “Company”) maintains a non-employee director compensation program pursuant to which, effective May 20, 2021:

 


	
 
	
•
	
 
	
each non-employee director receives an annual cash retainer of $70,000 payable in quarterly installments ($95,000 in the case of the chair or lead independent director of the Board of Directors);




 


	
 
	
•
	
 
	
each member of the Audit Committee, Compensation Committee, Corporate Governance and Nominating Committee, and Risk Committee receives an additional annual cash retainer of $8,750 payable in quarterly installments ($17,500 in the case of the chair of each committee);




 


	
 
	
•
	
 
	
each non-employee director receives on an annual basis shares of restricted common stock of the Company with a value equal to $90,000 ($115,000 in the case of the chair or lead independent director of the Board of Directors); and




 


	
 
	
•
	
 
	
each member of the Audit Committee, Compensation Committee, Corporate Governance and Nominating Committee, and Risk Committee receives on an annual basis additional shares of restricted common stock of the Company with a value equal to $8,750 ($17,500 in the case of the chair of each committee).




The restricted stock awards are granted on the fifth business day following the date of the annual stockholders’ meeting at which directors are elected. The number of shares subject to each restricted stock award is determined by dividing the value of the award by the closing price per share of common stock on the grant date. The restricted stock award vests and becomes non-forfeitable as to 100% of the underlying shares on the earlier of the one-year anniversary of the grant date or the date of the next annual stockholders’ meeting (so long as the period between the date of the annual stockholders’ meeting related to the grant date and the date of the next annual stockholders’ meeting is not less than 50 weeks), subject to the director’s continued service from the grant date until the vesting date, or upon the earlier occurrence of the director’s termination of service as a director by reason of death or disability or upon a change in control of the Company. In the event of the director’s termination of service for any other reason, the director forfeits the restricted stock award immediately. The restricted stock award is subject to the terms and conditions of the Regional Management Corp. 2015 Long-Term Incentive Plan, as amended and restated, and a restricted stock award agreement, the form of which was previously approved by the Compensation Committee and the Board of Directors and filed with the Securities and Exchange Commission.

Non-employee directors are entitled to reimbursement for (i) travel and other out-of-pocket expenses incidental to attending Board meetings and other Board-related business events and (ii) reasonable expenses relating to director education.
#### The People of the State of New York ex rel. Harry Richards, Appellant, v Theodore Reid, as Superintendent of New York Department of Correctional Services, Respondent.

— In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Rosenblatt, J.), dated August 4, 1981, which, after a hearing, dismissed the petition.

Judgment affirmed, without costs or disbursements.

Habeas corpus does not lie where petitioner’s claims, even if meritorious, would result in suppression of evidence and a new trial, not an immediate release from custody *(see, People ex rel. Williams v Scully,*107 AD2d 729; *People ex rel. Kaplan v Commissioner of Correction of City of N. Y.,*93 AD2d 768, *affd*60 NY2d 648). Bracken, J. P., Rubin, Lawrence and Eiber, JJ., concur.