alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

CORY A. WATKINS, No. 3:14-cv-01753-HZ

Plaintiff, ORDER

v.

NANCY A. BERRYHILL,

Acting Commissioner of Social Security,

Defendant.

HERNÁNDEZ, District Judge:

Plaintiff Cory Watkins brought this action seeking review of the Commissioner’s final 

decision to deny Social Security benefits. In an January 15, 2016 Opinion & Order, the Court 

reversed the Commissioner’s decision and ordered that the case be remanded for additional 

proceedings. Judgment was also entered on January 15, 2016. 
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has no 

objection to the request. The Court has reviewed the record in the case, the motion, and the 

supporting materials including the award of benefits, the fee agreement with counsel, and the 

recitation of counsel’s hours and services. Applying the standards set by Gisbrecht v. Barnhart, 

535 U.S. 789, 796 (2002), the Court finds the requested fees reasonable.

The Court grants the motion [42] and awards Plaintiff’s counsel $9,484.13 in attorney’s 

fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney’s fees in the 

amount of $8,891.12 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. When 

issuing the section 406(b) check for payment to Plaintiff’s attorney, the Commissioner is directed 

to subtract the amount previously awarded under EAJA and send Plaintiff’s attorney the balance 

of $593.01 less any applicable processing fees as allowed by statute. Any amount withheld after 

all administrative and court attorney’s fees are paid should be released to the claimant.

IT IS SO ORDERED.

Dated this day of , 2017

 

Marco A. Hernández

United States District Judge
Exhibit



Exhibit 10.4
Meredith Corporation 
1716 Locust Street
Des Moines, IA 50309 
T 515-284-3000


Patrick McCreery


Subject: Amendment to Employment Agreement 


Dear Patrick,


Our records indicate you are party to an Employment Agreement (“Agreement”) with Meredith Corporation (“Meredith”). Upon your acceptance below, this letter shall serve as an Amendment to the Agreement.


Due to the unprecedented and negative effects of the COVID-19 pandemic, Meredith is implementing a reduction in pay program. The program reduces employee base salary by a set percentage within certain tiers. Accordingly, notwithstanding anything to the contrary in your Employment Agreement, you hereby acknowledge and agree that:


(i)    beginning May 4, 2020 (“Effective Date”), through September 4, 2020, your annual Base Salary (as defined in the Agreement) shall be reduced to $420,000 (before withholdings and deductions), (herein, “new Base Salary”), and will continue to be paid on a bi-weekly basis with the new Base Salary first reflected in your May 15, 2020 paycheck; and


(ii)    to the extent your new Base Salary is used to calculate any benefits paid through short term disability or any 401k benefits under the applicable Meredith plan, your new Base Salary as of the Effective Date may impact any such benefits to which you may be entitled under the terms of the applicable plan, but shall not otherwise modify or impact the benefits or payments to which you are entitled under any other benefit or compensation plan or agreement or the calculation of benefits or payments thereunder.


You further agree that this reduction in Base Salary, even if it reduces your Base Salary below any stated minimum in your Agreement, shall not constitute a breach of the Agreement and shall not allow you to resign your employment and receive separation pay under the Agreement or any severance plan.


This Amendment and the Agreement shall be construed in accordance with the laws of the State of Iowa without reference to the principles of conflict of laws. Except with respect to the changes expressly noted herein, the Agreement otherwise remains in full force and effect.


We do understand this is going to be tough for all of us, but we need everyone to continue to pull together so that we can emerge from this challenge even stronger. If you have questions, please contact your local HR representative.


Please electronically sign this letter by May 13, 2020.




MEREDITH CORPORATION


/s/ Dina Nathanson
SVP, Human Resources


I agree to the above Amendment and I understand that, except as amended above, the terms and conditions of my employment will continue to be governed by the aforesaid Agreement.






Signature: /s/ Patrick McCreery                Date of Signature: 5/11/2020


- 1 -
<PAGE>

                                                                    EXHIBIT 23.1

                            CONSENT OF INDEPENDENT
                         CERTIFIED PUBLIC ACCOUNTANTS

The Board of Directors
PLATINUM technology, inc.:

We consent to incorporation by reference in the registration statements (No.
333-07783) on Form S-1 and (Nos. 33-41248, 33-85798, 33-96762, 333-00454,
333-03284 and 33-20897) Forms S-8 of PLATINUM technology, inc. of our reports
dated February 19, 1997 (except as to Note 15, which is as of February 28,
1997), relating to the consolidated balance sheets of PLATINUM technology, inc.
and subsidiaries as of December 31, 1995 and 1996, and the related consolidated
statements of operations, stockholders' equity and cash flows for each of the
years in the three-year period ended December 31, 1996, and all related
consolidated financial statement schedules, which reports appear in the
December 31, 1996 annual report on Form 10-K of PLATINUM technology, inc.

                           /s/ KPMG Peat Marwick LLP
                               KPMG PEAT MARWICK LLP

Chicago, Illinos
March 26, 1997
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>

          This schedule  contains summary financial  information  extracted from
          Pen  Interconnect,  Inc.  March 31, 1998  financial  statements and is
          qualified in its entirety by reference to such financial statements.

</LEGEND>

<CIK>                         0001000266
<NAME>                        Pen Interconnect, Inc.

       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS

<FISCAL-YEAR-END>                              SEP-30-1998
<PERIOD-END>                                   MAR-31-1998

<CASH>                                         111,311
<SECURITIES>                                   0
<RECEIVABLES>                                  2,974,520
<ALLOWANCES>                                   (116,196)
<INVENTORY>                                    4,319,519
<CURRENT-ASSETS>                               8,577,475
<PP&E>                                         3,829,819
<DEPRECIATION>                                 (1,447,938)
<TOTAL-ASSETS>                                 15,808,242
<CURRENT-LIABILITIES>                          6,184,018
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       43,850
<OTHER-SE>                                     7,651,690
<TOTAL-LIABILITY-AND-EQUITY>                   15,808,242
<SALES>                                        7,603,444
<TOTAL-REVENUES>                               7,603,444
<CGS>                                          5,897,521
<TOTAL-COSTS>                                  7,399,860
<OTHER-EXPENSES>                               486,057
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             486,057
<INCOME-PRETAX>                                (248,136)
<INCOME-TAX>                                   (226,336)
<INCOME-CONTINUING>                            (21,800)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (226,336)
<EPS-PRIMARY>                                  (.05)
<EPS-DILUTED>                                  (.05)
        


</TABLE>
Bruce Brewer, OSB No. 925581

brucebrewerusdccases@gmail.com

PO Box 421

West Linn, OR 97068

503-621-6633

Attorney for Plaintiff 

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

VINCENT DAVIS, Case No. 3:15-cv-00843-SI

Plaintiff,

vs. ORDER

COMMISSIONER of Social Security,

Defendant.

Pursuant to 42 U.S.C. § 406(b), it is hereby ORDERED that an attorney fee in the amount

of $26,632.00 is awarded to Plaintiff’s attorney. The Court finds this a reasonable fee. When issuing

the check for this fee the Social Security Administration shall subtract the amount of the previously

paid EAJA fee ($6,500) and send the balance of $20,132.00, minus any user fee, by check made

payable to Bruce Brewer to him at PO Box 421, West Linn, OR 97068. Any amount withheld after

all administrative and court attorneys fees have been paid shall be released to Plaintiff.

ORDERED this ______ day of _____________________, 2017

__________________________________________

The Honorable Michael H. Simon

U.S. District Court Judge 

Presented by:

Bruce W. Brewer, OSB No. 925581

503-621-6633

ORDER - Page 1

10th October

/s/ Michael H. Simon
EXHIBIT 31.01



CERTIFICATION OF CEO  PURSUANT TO

SECURITIES EXHANGE ACT RULE 13a  14(a)/15d  14(a),

AS ADOPTED PURSUANT TO

SECTION 302 OF THE SARBANES OXLEY ACT OF 2002



I, Michael J. Keough, President and Chief Executive Officer, certify that:



|1. | I have reviewed this amended annual report on Form 10-K/A of Caraustar;
|-- | -----------------------------------------------------------------------



|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;
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|3. | Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of
operations and cash flows of Caraustar as of, and for, the periods presented in this report;
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/ Michael J. KeoughPresident and Chief Executive Officer




Date: January 14, 2005
December 14, 2009

Mr. Fred Gardner

Manager, PFGI II, LLC

1789 Highland Way

Steamboat Springs, CO  80487

Dear Fred;

This letter agreement will define the terms of an extensionand modification to the Amended and Restated Loan Agreement and Promissory Notebetween Good Times Drive Thru Inc. and Good Times Restaurants Inc and PFGI II,LLC, dated July 1, 2008, as amended on April 20, 2009.   These terms will beincorporated into an Amended and Restated Loan Agreement and Promissory Noteeffective as of January 1, 2010.

1.       Thematurity date for all outstanding principal and interest under the note will beextended to December 31, 2012.

2.       Theinterest rate will be fixed at 3% over the fixed rate charged by Bank ofColorado, or 8.65%.

3.       Principaland interest will be due monthly based upon a 25 year amortization of the$2,500,000 note, with the balance due upon maturity.

4.       Allof the collateral remains the same as under the existing loan agreement and theAmended & Restated Promissory Note and Loan Agreement will include restatedcollateral agreements.   Any proceeds from the sale of any of the collateralwill go toward the payment of outstanding principal on the note and theremaining balance will be re-amortized over a 25 year schedule, with principaland interest payable monthly.   No additional draws may be made on the loan asprincipal is paid down.

5.       GoodTimes will pay a .5% loan fee on January 2, 2010 and upon the maturity of thenote.

6.       GoodTimes will issue to PFGI II, LLC warrants for the purchase of common stockequal to 5% of the note ($125,000.00).  The exercise price of the warrantsshall be the average market price of the stock during the 20 trading days priorto January 2, 2010 and the warrants shall be exercisable until December 31,2012.  The warrants are detachable from the note and if the note is prepaid infull or in part, the warrants will remain exercisable for their term.

If the terms ofthis letter agreement are acceptable, please sign where provided below and wewill prepare amended note and loan agreements effective as of January 1, 2010.

**Good Times Restaurants, Inc.                                                            PFGIII, LLC**

**Good Times Drive Thru Inc.**

| /s/ Boyd E.  Hoback               |  | /s/ Fred Gardner       |
|-----------------------------------|--|------------------------|
| Boyd Hoback,  President & CEO |  | Fred Gardner,  Manager |

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

<ARTICLE> 5
<LEGEND>
THIS RESTATED FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
EXTRACTED FROM THE CONSOLIDATED BALANCE SHEET AT DECEMBER 31, 1996 AND THE
CONSOLIDATED STATEMENT OF INCOME FOR THE YEAR END DECEMBER 31, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          11,989
<SECURITIES>                                         0
<RECEIVABLES>                                   59,789<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                     46,648
<CURRENT-ASSETS>                               127,053
<PP&E>                                         402,954
<DEPRECIATION>                                 146,120
<TOTAL-ASSETS>                                 476,280
<CURRENT-LIABILITIES>                           74,717
<BONDS>                                        183,261<F2>
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,505
<OTHER-SE>                                     168,065
<TOTAL-LIABILITY-AND-EQUITY>                   476,280
<SALES>                                        602,695
<TOTAL-REVENUES>                               602,695
<CGS>                                          422,783
<TOTAL-COSTS>                                  422,783
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              10,698
<INCOME-PRETAX>                                 95,230
<INCOME-TAX>                                    36,574
<INCOME-CONTINUING>                             57,902
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    57,902
<EPS-PRIMARY>                                     2.33
<EPS-DILUTED>                                     2.28
<FN>
<F1>(RECEIVABLES) ARE PRESENTED NET OF THE ALLOWANCE FOR DOUBTFUL ACCOUNTS.
<F2>(BONDS) REPRESENT LONG-TERM DEBT, LESS CURRENT MATURITIES, AND REVOLVING CREDIT
LOANS.
</FN>


</TABLE>
# C_2009043EN.01000501.xml

| 21.2.2009 | EN | Official Journal of the European Union | C 43/5 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 43/5

---

COUNCIL DECISION

COUNCIL DECISION

of 19 February 2009

appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

(2009/C 43/04)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),

1

Having regard to the nominations submitted by the Spanish Government,

Whereas:

| (1) | By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009. |
| --- | --- |

(1)

By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009.

2

| (2) | A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Ms María José GARIJO EQUIZA, |
| --- | --- |

(2)

A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Ms María José GARIJO EQUIZA,

| (3) | The Spanish member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009, |
| --- | --- |

(3)

The Spanish member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2009:

17 September 2009

GOVERNMENT REPRESENTATIVES

SPAIN: Mr Francisco Javier ALFAYA HURTADO

Done at Brussels, 19 February 2009.

For the Council

The President

Martin ŘÍMAN

---

(1)  OJ L 39, 13.2.1975, p. 1.

1

(2)  OJ C 240, 5.10.2006, p. 1.

2

---
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-50859

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

VICTOR J. BIEGANOWSKI, J.D.,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. EP-98-CR-959-2

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

August 23, 2001

Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges. 

PER CURIAM:*

Victor J. Bieganowski pleaded guilty to an indictment

charging him with conspiring to commit mail fraud. Bieganowski

has appealed, arguing that the Government breached the plea

bargain by refusing to move for a downward departure pursuant to

U.S.S.G. § 5K1.1. Because the Government retained sole

discretion, its refusal to move for a downward departure is

reviewable for an unconstitutional motive only. See Wade v.

United States, 504 U.S. 181, 185-86 (1992). 

Bieganowski does not contend that the Government's refusal

to move for a downward departure was based upon an
No. 00-50859

-2-

unconstitutional motive. Instead, Bieganowski argues that the

record shows that the Government never intended to move for a

downward departure and that its reasons for refusing to offer the

motion were insubstantial. These issues are not reviewable. 

See United States v. Urbani, 967 F.2d 106, 110 (5th Cir. 1992). 

The judgment is AFFIRMED.