alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1

                                                                EXHIBIT 10(a)(2)


                                 FIRST AMENDMENT

                                     TO THE

                            FLOWERS INDUSTRIES, INC.

                           ANNUAL EXECUTIVE BONUS PLAN


         THIS AMENDMENT to the Flowers Industries, Inc. Annual Executive Bonus
Plan (the "Plan") is made as of the 29th day of June, 1997, to be effective on
said date.

         Pursuant to Section 9 of the Plan, the Compensation Committee hereby
amends the Plan as follows, subject to the approval of said amendment by a
majority of the Company's shareholders present or represented at the next annual
meeting thereof.

                                       I.

         Section 2(c) of the Plan is hereby amended by inserting the following
provision before the last sentence thereof:

         "Notwithstanding the foregoing, the Compensation Committee may
         determine that a goal other than EPS is appropriate for certain
         executives whose responsibilities pertain more specifically to discrete
         elements of the Company's business; in such cases, the Committee may
         prescribe a goal based on the performance of a product group, division,
         subsidiary or other management reporting unit, or any combination of
         the above."

                                       II.

         Section 2(c) of the Plan is further amended by changing the amount
"$750,000" to "$1,500,000," in the last line of said section.

                                      III.

         Section 3 of the Plan is amended by deleting the first sentence thereof
and replacing it with the following sentence:

         "The Bonus shall be paid to all Participants no later than 90 days
         after the close of the Plan Year, in cash, unless the Participant has
         made a valid election to defer said Bonus pursuant to the terms of any
         applicable deferred compensation plan maintained by the Company."



<PAGE>   2


                                       IV.

         Section 5 of the Plan is amended by adding the phrase "without approval
of the Company's shareholders" to the end of the third sentence of said section.

         IN WITNESS WHEREOF, the Company has caused the Plan to be amended as
provided above.

                                    FLOWERS INDUSTRIES, INC.





                                        2
EXHIBIT 99.1
------------


                       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 Landauer, Inc. (the
"Company") on Form 10-K for the year ending September 30, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Brent A. Latta, Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. Section  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) 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.




                            /s/   Brent A. Latta
                            ------------------------------
                            Brent A. Latta
                            Chief Executive Officer
                            December 30, 2002
Technical Work Group Meeting 

FINAL AGENDA 

Glen Canyon Dam 

Adaptive Management Program 

Technical Work Group Meeting 

Bureau of Indian Affairs, 2 Arizona Center 

400 N. 5th Street, 12th Floor Conference Room 

Phoenix, Arizona 

September 27, 2004 

START 

TIME TOPIC PERSON PURPOSE MATERIALS 

10 a.m. Welcome and 

Administrative 

Norm Henderson 

1. Introductions and 

 Determination of Quorum 

2. Review Action Items from 

 June 30-July 1, 2004 

 Meeting 

3. Old Business 

Agenda & 

Action Items 

10:50 a.m. 

Nomination of TWG 

Chair for FY05 Dennis Kubly Discussion / Voting 

11 a.m. 

Lee’s Ferry Trout 

Monitoring and 

Management 

Objectives 

Bill Persons Information and Discussion Reports 

11:45 a.m. Terrestrial Vegetation 

Monitoring Mike Kearsley Information and Discussion Reports 

12:30 p.m. L U N C H 

1:30 p.m. 

GCMRC Updates 

- Mechanical Removal 

- SCORE 

- Personnel 

Jeff Lovich Information and Discussion Updates 

2:50 p.m. B R E A K 

3:00 Kanab Ambersnail 

Update Glen Knowles Information 

3:15 p.m. HBC Comprehensive 

Plan Glen Knowles Information and Discussion Plans 

2 p.m. 

Long-term 

Experimental Plan and 

Research Plan 

Jeff Lovich 

Dennis Kubly Information and Discussion Plans 

3 p.m. BREAK 

3:35 p.m. Core Monitoring Plan Helen Fairley Information and Discussion Plans 

5 p.m. Wrap-up and Adjourn Norm Henderson 
Technical Work Group Meeting 

FINAL AGENDA 

Glen Canyon Dam 

Adaptive Management Program 

Technical Work Group Meeting 

Bureau of Indian Affairs, 2 Arizona Center 

400 N. 5th Street, 12th Floor Conference Room 

Phoenix, Arizona 

September 28, 2004 

START 

TIME TOPIC PERSON PURPOSE MATERIALS 

8 a.m. Timeline Review Norm Henderson Progress Review Timeline 

8:30 a.m. HBC Augmentation 

Feasibility Sam Spiller Final Report Presentation Reports 

9 a.m. Redds Mortality Josh Korman Progress Report Reports 

9:30 a.m. Downstream 

Warming Josh Korman Progress Report Reports 

10 a.m. Update on Effects 

of MLFF Ted Melis Information and Discussion Updates 

10:30 a.m. B R E A K 

10:45 a.m. TWG Operating 

Procedures Norm Henderson Discussion/Voting TWG Operating 

Procedures 

12 noon LUNCH 

1 p.m. FY 06-07 Budget 

Development 

Dennis Kubly 

Norm Henderson 

Ted Melis 

Information and Discussion Budget 

2 p.m. Geomorphology 

Symposium Update Helen Fairley Information and Discussion Updates 

2:15 p.m. PA Update Mike Berry Information and Discussion Updates 

2:30 p.m. Wrap-up and Adjourn Norm Henderson
# C_2006241EN.01001201.xml

| 6.10.2006 | EN | Official Journal of the European Union | C 241/12 |
| --- | --- | --- | --- |

6.10.2006

EN

Official Journal of the European Union

C 241/12

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2006/C 241/12)

(Text with EEA relevance)

Date of adoption:

Member States: Germany

Aid No: NN 71/05

Title: HSH Nordbank

Aid intensity or amount: Measure not constituting aid

Duration: Unlimited

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

---
Technical Work Group Meeting

Phoenix, Arizona

November 13, 2001

Presiding: Kurt Dongoske

Committee Members Present:

Robert Begay, Navajo Nation

Kerry Christensen, Hualapai Tribe

Dave Cohen, Trout Unlimited

Bill Davis, CREDA

Brenda Drye, So. Paiute Consortium

Norm Henderson, GLCA

Amy Heuslein, BIA

Nancy Hornewer, USGS

Rick Johnson, Southwest Rivers

Matt Kaplinski, GCRG

Robert King, UDWR

Phillip S. Lehr, Colo. River Comm./NV

Don Metz, USFWS

S. Clayton Palmer, WAPA

Bill Persons, AGFD

Randall Peterson, USBR

Nikolai Ramsey, GCT

D. Randolph Seaholm, CWCB

Robert Winfree, GRCA

Michael Yeatts, The Hopi Tribe

Committee Members Absent:

Perri Benemelis, ADWR

Wayne Cook, UCRC

Jonathan Damp, Pueblo of Zuni

Lloyd Greiner, UAMPS

Christopher Harris, CRBC

John Shields, WY State Engineer’s Office

John Whipple, NM Interstate Stream Comm.

Alternates Present:

Suzette Homer Jonathan Damp, Pueble of Zuni

Leslie James Lloyd Greiner, UAMPS

Other Interested Persons:

Mary Barger, WAPA

Gary Burton, WAPA

Lew Coggins, GCMRC/USGS

Nancy Coulam, USBR

Steve Gloss, GCMRC/USGS

Barry Gold, GCMRC/USGS

Vickie Kieffer, GCMRC/USGS

Dennis Kubly, USBR

Ruth Lambert, GCMRC/USGS

Lisa Leap, GRCA

Mike Liszewski, GCMRC/USGS

Ted Melis, GCMRC/USGS

David Orr, Living Rivers

Joe Shannon, NAU

Linda Whetton, USBR
Technical Work Group Meeting

Phoenix, Arizona

November 14, 2001

Presiding: Kurt Dongoske

Committee Members Present:

Robert Begay, Navajo Nation

Kerry Christensen, Hualapai Tribe

Dave Cohen, Trout Unlimited

Bill Davis, CREDA

Brenda Drye, So. Paiute Consortium

Norm Henderson, GLCA

Amy Heuslein, BIA

Nancy Hornewer, USGS

Rick Johnson, Southwest Rivers

Matt Kaplinski, GCRG

Robert King, UDWR

Phillip S. Lehr, Colo. River Comm./NV

Don Metz, USFWS

S. Clayton Palmer, WAPA

Bill Persons, AGFD

Randall Peterson, USBR

Nikolai Ramsey, GCT

D. Randolph Seaholm, CWCB

Robert Winfree, GRCA

Michael Yeatts, The Hopi Tribe

Committee Members Absent:

Perri Benemelis, ADWR

Wayne Cook, UCRC

Jonathan Damp, Pueblo of Zuni

Lloyd Greiner, UAMPS

Christopher Harris, CRBC

John Shields, WY State Engineer’s Office

John Whipple, NM Interstate Stream Comm.

Alternates Present:

Suzette Homer Jonathan Damp, Pueble of Zuni

Leslie James Lloyd Greiner, UAMPS

Other Interested Persons:

Mary Barger, WAPA

Gary Burton, WAPA

Lew Coggins, GCMRC/USGS

Nancy Coulam, USBR

Steve Gloss, GCMRC/USGS

Barry Gold, GCMRC/USGS

Dennis Kubly, USBR

Lisa Leap, GRCA

Mike Liszewski, GCMRC/USGS

Ted Melis, GCMRC/USGS

David Orr, Living Rivers

Jeff Sorensen, AGFD

Linda Whetton, USBR

Steve Wiele, USGS
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , 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 5, 2014

h0129 

# Order

Clerk February 5, 2014

147657

MICHAEL PARTRICH and DEBRA

PARTRICH BLACK,

Plaintiffs,

v SC: 147657

AGC: 0379

- 12 and 0380

- 12

ATTORNEY GRIEVANCE COMMISSION,

Defendant.

_____________________________________/

On order of the Court, the complaint for superintending control is considered.

Pursuant to MCR 9 .225, we DIRECT the Attorney Grievance Commission to provide a

supplemental response in support of its decision to close AGC File No. 0379

- 12, in light

of the deposition testimony attached to the request for investigation in this case, in which

the deponents disclaimed any knowledge of facts that supporte d their settlement demand

and probate court actions against the plaintiffs’ father. The complaint for superintending

control remains pending.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

COBBLER NEVADA, LLC, 6:15-CV-00909-ST

Plaintiff, ORDER

v. 

 

TIMOTHY HELLMAN,

 Defendant.

BROWN, Judge.

Magistrate Judge Janice M. Stewart issued Findings and

Recommendation (#19) on December 14, 2015, in which she

recommends this Court deny Defendant's Motion (#13) to Dismiss. 

The matter is now before this Court pursuant to 28 U.S.C. 

§ 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and

Recommendation were timely filed, this Court is relieved of its

1 - ORDER

Case 6:15-cv-00909-SB Document 22 Filed 01/19/16 Page 1 of 2
obligation to review the record de novo. See Dawson v. Marshall,

561 F.3d 930, 932 (9th Cir. 2009). See also United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). 

Having reviewed the legal principles de novo, the Court does not

find any error. 

CONCLUSION 

The Court ADOPTS Magistrate Judge Stewart's Findings and

Recommendation (#19). Accordingly, the Court DENIES Defendant's

Motion (#13) to Dismiss.

IT IS SO ORDERED.

DATED this 19th day of January, 2016.

/s/ Anna J. Brown

 

ANNA J. BROWN

United States District Judge

2 - ORDER

Case 6:15-cv-00909-SB Document 22 Filed 01/19/16 Page 2 of 2
<PAGE>   1
                                                                    EXHIBIT 10.5


                       SECOND AMENDMENT TO CORESTAFF, INC.
                          1995 LONG-TERM INCENTIVE PLAN



         THIS SECOND AMENDMENT is dated as of January 7, 1997 (the "Amendment")
and shall serve to amend the 1995 Long-Term Incentive Plan, as amended by the
first Amendment dated as of April 15, 1996 (the "Plan").

         WHEREAS, pursuant to and in compliance with Section 7(a) of the Plan,
the Board of Directors of CORESTAFF, Inc. (the "Company") desires to amend the
Plan as set forth in this Amendment to continue to enhance the ability of the
Company to attract and retain the services of individuals who are essential for
the growth and profitability of the Company;

         NOW, THEREFORE, in consideration of the premises set forth herein and
in the Plan, the Plan shall be amended as follows:

                  1. Section 7(c) of the Plan is hereby amended to add as the
         last sentence thereof the following:

                           "The Committee is hereby further authorized to amend
                           the terms and conditions of, and the criteria in,
                           Section 8 of the Plan for any Award (including,
                           without limitation, the terms and conditions for the
                           vesting of Awards and a Change of Control) in order
                           to continue to enhance the ability of the Company to
                           attract and retain the services of individuals who
                           are essential for growth and profitability of the
                           Company."

                  2. This Amendment shall be governed by and construed in
         accordance with the laws of the State of Delaware without regard to
         principles of conflicts of laws.

         IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
duly executed and delivered and to become effective, all as of the day and year
first above written.

ATTEST:                                CORESTAFF, INC.

By:                                    By:  
   --------------------------------       ---------------------------------
     Peter T. Dameris                       Michael T. Willis
     Senior Vice President and              Chief Executive Officer and 
     Secretary                              President
Exhibit (10)(a)

    

    

    

    

    

    

    Consent of Independent Registered Public Accounting Firm

    

    

    

    

    We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in
      Post-Effective Amendment No. 37 to the 1933 Act Registration Statement (Form N-4 No. 333-141756) and Amendment No. 401 to the 1940 Act Registration
      Statement (Form N-4 No. 811-08441), and to the use therein of our reports dated (a) April 1, 2020, with respect to the financial statements of Lincoln
      Life & Annuity Company of New York and (b) April 15, 2020, with respect to the financial statements of Lincoln Life & Annuity Variable Annuity Account H for the
      registration of interests in a separate account under individual flexible payment deferred variable annuity contracts.

    

    

    

    

    

    

    

    

    /s/ Ernst & Young LLP

    Philadelphia, Pennsylvania

    May 15, 2020
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JOSE CARLOS RODRIGUEZ,

 Plaintiff - Appellant,

 v.

C. WU; et al.,

 Defendants - Appellees.

No. 12-57198

D.C. No. 2:11-cv-01339-CJC-PJW

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Cormac J. Carney, District Judge, Presiding

Submitted March 10, 2014** 

Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges. 

California state prisoner Jose Carlos Rodriguez appeals pro se from the

district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate

indifference to his serious medical needs. We have jurisdiction under 28 U.S.C.

§ 1291. We review de novo. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.

FILED

MAR 18 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * 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).
2005). We affirm.

The district court properly dismissed Rodriguez’s deliberate indifference

claim because Rodriguez failed to allege facts sufficient to show that defendants

knew of and disregarded an excessive risk to Rodriguez’s health by determining

that Rodriguez did not need soft shoes and arch supports for his feet. See Toguchi

v. Chung, 391 F.3d 1051, 1057-58, 1060 (9th Cir. 2004) (deliberate indifference is

a high legal standard, met only if the defendant knows of and disregards an

excessive risk to the prisoner’s health; negligence and a mere difference in medical

opinion are insufficient); see also Corales v. Bennet, 567 F.3d 554, 570 (9th Cir.

2009) (no supervisor liability if no underlying constitutional violation); Ramirez v.

Galaza, 334 F.3d 850, 860 (9th Cir. 2003) (“[I]nmates lack a separate

constitutional entitlement to a specific grievance procedure.”).

The district court properly dismissed Rodriguez’s claims under the

Americans with Disabilities Act (“ADA”) and Rehabilitation Act because the

claims were based on inadequate treatment. See Simmons v. Navajo County, Ariz.,

609 F.3d 1011, 1022 (9th Cir. 2010) (“The ADA prohibits discrimination because

of disability, not inadequate treatment for disability.”); see also Coons v. Sec’y of

U.S. Dep’t of Treasury, 383 F.3d 879, 884 (9th Cir. 2004) (same standards apply to

the ADA and Rehabilitation Act). 

2 12-57198
The district court did not abuse its discretion by denying Rodriguez’s

request for leave to file a third amended complaint after providing Rodriguez with

two opportunities to amend and concluding that further amendment would be

futile. See Hartmann v. Cal. Dep’t of Corr. & Rehab., 707 F.3d 1114, 1129-30

(9th Cir. 2013) (setting forth standard of review and explaining that leave to amend

may be denied if amendment would be futile).

We do not consider issues raised by Rodriguez in his brief which are not

supported by argument. See Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir.

1992).

AFFIRMED.

3 12-57198
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1670 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
114th CONGRESS
  2d Session
                                H. R. 1670

_______________________________________________________________________

                                 AN ACT

 
 To direct the Architect of the Capitol to place in the United States 
 Capitol a chair honoring American Prisoners of War/Missing in Action.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National POW/MIA Remembrance Act of 
2015''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In recent years, commemorative chairs honoring American 
        Prisoners of War/Missing in Action have been placed in 
        prominent locations across the United States.
            (2) The United States Capitol is an appropriate location to 
        place a commemorative chair honoring American Prisoners of War/
        Missing in Action.

SEC. 3. PLACEMENT OF A CHAIR IN UNITED STATES CAPITOL HONORING AMERICAN 
              PRISONERS OF WAR/MISSING IN ACTION.

    (a) Obtaining Chair.--The Architect of the Capitol shall enter into 
an agreement to obtain a chair featuring the logo of the National 
League of POW/MIA Families under such terms and conditions as the 
Architect considers appropriate and consistent with applicable law.
    (b) Placement.--Not later than 2 years after the date of enactment 
of this Act, the Architect shall place the chair obtained under 
subsection (a) in a suitable permanent location in the United States 
Capitol.

SEC. 4. FUNDING.

    (a) Donations.--The Architect of the Capitol may--
            (1) enter into an agreement with any organization described 
        in section 501(c)(3) of the Internal Revenue Code of 1986 that 
        is exempt from taxation under section 501(a) of that Code to 
        solicit private donations to carry out the purposes of this 
        Act; and
            (2) accept donations of funds, property, and services to 
        carry out the purposes of this Act.
    (b) Costs.--All costs incurred in carrying out the purposes of this 
Act shall be paid for with private donations received under subsection 
(a).

            Passed the House of Representatives March 21, 2016.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 1670

_______________________________________________________________________

                                 AN ACT

 To direct the Architect of the Capitol to place in the United States 
 Capitol a chair honoring American Prisoners of War/Missing in Action.
```
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          28,234
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     37,810
<INVESTMENTS-CARRYING>                          43,944
<INVESTMENTS-MARKET>                            43,608
<LOANS>                                        615,459
<ALLOWANCE>                                     10,074
<TOTAL-ASSETS>                                 735,544
<DEPOSITS>                                     588,282
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                              6,762
<LONG-TERM>                                     54,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        53,309
<OTHER-SE>                                      33,191
<TOTAL-LIABILITIES-AND-EQUITY>                 735,544
<INTEREST-LOAN>                                 45,402
<INTEREST-INVEST>                                4,919
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                50,321
<INTEREST-DEPOSIT>                              22,512
<INTEREST-EXPENSE>                              24,741
<INTEREST-INCOME-NET>                           25,580
<LOAN-LOSSES>                                    3,771
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                 10,883
<INCOME-PRETAX>                                 11,745
<INCOME-PRE-EXTRAORDINARY>                      11,745
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,204
<EPS-PRIMARY>                                     1.00
<EPS-DILUTED>                                     1.00
<YIELD-ACTUAL>                                    5.21
<LOANS-NON>                                      4,863
<LOANS-PAST>                                     4,863
<LOANS-TROUBLED>                                 5,193
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 8,105
<CHARGE-OFFS>                                    1,935
<RECOVERIES>                                       133
<ALLOWANCE-CLOSE>                               10,074
<ALLOWANCE-DOMESTIC>                            10,074
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>