alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Vernon Wayne McNEAL, Plaintiff-Appellant, v. FLEMING, C/O; et al., Defendants-Appellees.

No. 08-17301.

United States Court of Appeals, Ninth Circuit.

Submitted April 5, 2011.*

Filed April 27, 2011.

*673Vernon Wayne Mcneal, Corcoran, CA, pro se.

Monica N. Anderson, Esquire, Supervising Deputy Attorney General, Michelle Angus, Esquire, Deputy Attorney General, AGCA-Office of the California Attorney General, Sacramento, CA, for DefendantsAppellees.

Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Vernon Wayne McNeal, a California state prisoner, appeals pro se from the district court’s judgment as a matter of law following a jury trial in his 42 U.S.C. § 1983 action alleging excessive force. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *Mangum v. Action Collection Serv., Inc.,*575 F.3d 935, 938 (9th Cir.2009). We vacate and remand.

Before granting judgment as a matter of law, Federal Rule of Civil Procedure 50 requires district courts to apprise parties of the deficiencies in their proof, and to give them an opportunity to present further evidence on the dispositive facts. *See Waters v. Young,*100 F.3d 1437, 1442 (9th Cir.1996). The record indicates that the district court informed McNeal that he had not provided sufficient evidence for a reasonable jury to conclude that the force used against him was maliciously and sadistically applied. In response, McNeal stated that he was attacked while being escorted by guards back to his cell. This evidence, considered along with his previous testimony that his hands were cuffed behind his back, is sufficient for a reasonable jury to conclude that defendants used force maliciously and sadistically to cause him harm. Accordingly, we vacate and remand for a new trial.

Each party shall bear its own costs on appeal.

VACATED and REMANDED.

**

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

Court of Appeals

Second Appellate District of Texas

at Fort Worth ___________________________

No. 02-20-00251-CV

___________________________

On Appeal from the 153rd District Court

Tarrant County, Texas

Trial Court No. 153-314914-20

Before Wallach, J.; Sudderth, C.J.; and Gabriel, J.

Per Curiam Memorandum Opinion

RICHARD MEYRAT, M.D., Appellant

V.

ELIZABETH MOUTON, INDIVIDUALLY AND AS SURVIVING SPOUSE AND 

AS ANTICIPATED PERSONAL REPRESENTATIVE OF THE ESTATE OF 

JOSEPH MOUTON, Appellee
2

MEMORANDUM OPINION AND JUDGMENT

We have considered “Appellant’s Motion to Dismiss.” We grant the motion 

and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1), 43.2(f).

Appellants must pay all costs of this appeal. See Tex. R. App. P. 42.1(d), 43.4.

Per Curiam

Delivered: September 24, 2020
Exhibit 99.7





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 on Form 40-F for the fiscal year ended December 31, 2014 of Hydrogenics Corporation (the “Company”) as filed with the US Securities and Exchange Commission (the “Commission”) on the date hereof (the “Report”) and pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Robert Motz, Chief Financial Officer of the Company, certify, 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 condition and results of operations of the Company.




By:

/s/ Robert MotzName: Robert MotzTitle: Chief Financial Officer




Date: March 4, 2015







A signed original of this written statement required by Section 906 has been provided to Hydrogenics Corporation and will be retained by Hydrogenics Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.2

                           INTRAOP MEDICAL CORPORATION

                            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 Intraop Medical  Corporation  (the
"Company")  on Form 10-KSB for the year ended  September 30, 2006, as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Howard Solovei, Chief Financial 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 results of operations
          of the Company.


                                                        /s/   Howard Solovei
                                                        ------------------------
                                                        Howard Solovei
                                                        Chief Financial Officer

                                                        Date:  December 22, 2006

A signed original of this written statement required by Section 906 has been
provided to Intraop Medical Corporation and will be retained by Intraop Medical
Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.
<TABLE> <S> <C>


<ARTICLE>                                            9

<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>                              Sep-30-1998
<PERIOD-END>                                   Dec-31-1998
<CASH>                                         1,901
<INT-BEARING-DEPOSITS>                         4,677
<FED-FUNDS-SOLD>                               0
<TRADING-ASSETS>                               0
<INVESTMENTS-HELD-FOR-SALE>                    12,492
<INVESTMENTS-CARRYING>                         5,873
<INVESTMENTS-MARKET>                           5,950
<LOANS>                                        62,123
<ALLOWANCE>                                    232
<TOTAL-ASSETS>                                 89,529
<DEPOSITS>                                     71,870
<SHORT-TERM>                                   0
<LIABILITIES-OTHER>                            1,523
<LONG-TERM>                                    9,500
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       2
<OTHER-SE>                                     6,634
<TOTAL-LIABILITIES-AND-EQUITY>                 89,529
<INTEREST-LOAN>                                1,211
<INTEREST-INVEST>                              284
<INTEREST-OTHER>                               49
<INTEREST-TOTAL>                               1,544
<INTEREST-DEPOSIT>                             884
<INTEREST-EXPENSE>                             1,022
<INTEREST-INCOME-NET>                          522
<LOAN-LOSSES>                                  4
<SECURITIES-GAINS>                             0
<EXPENSE-OTHER>                                1,217
<INCOME-PRETAX>                                92
<INCOME-PRE-EXTRAORDINARY>                     58
<EXTRAORDINARY>                                0
<CHANGES>                                      33
<NET-INCOME>                                   25
<EPS-PRIMARY>                                  .17
<EPS-DILUTED>                                  .16
<YIELD-ACTUAL>                                 2.47
<LOANS-NON>                                    0
<LOANS-PAST>                                   361
<LOANS-TROUBLED>                               0
<LOANS-PROBLEM>                                729
<ALLOWANCE-OPEN>                               228
<CHARGE-OFFS>                                  0
<RECOVERIES>                                   0
<ALLOWANCE-CLOSE>                              232
<ALLOWANCE-DOMESTIC>                           232
<ALLOWANCE-FOREIGN>                            0
<ALLOWANCE-UNALLOCATED>                        0
        


</TABLE>
**EXHIBIT 31.01**

 

CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 

15 U.S.C. SECTION 7241, AS ADOPTED PURSUANT TO 

SECTION 302 OF THE SARBANES-OXLEY ACT OF2002 

 

I, Ronald P. Edgerton  , certify that: 

 

1. I have reviewed this report on Form 10-Q of SigmaTel, Inc., a Delawarecorporation, for the period ended September 30, 2004, as filed with the Securities and Exchange Commission; 

 

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 thestatements 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 thefinancial condition, results of operations 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 and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, includingits consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

 

(b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

 

(c) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscal 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 havedisclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):

 

(a) All significant deficiencies and material weaknesses inthe 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; and 

 

(b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control over financial reporting. 

 

Date: October 19, 2004
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463 as amended), the National Science Foundation announces the following meetings:

*Name:*                         Special Emphasis Panel in Materials Research (DMR) #1203.                    

*Dates & Times:*                         May 1, 2001, 8 a.m.-9 p.m., May 2, 2001; 8 a.m.-1 p.m.                    

*Place:*                         Florida A&M University, Tallahassee, Florida.                    

*Type of Meeting:*                         Closed.                    

*Contact Person:*                         Dr. Ulrich Strom, Program Director, Materials Research Science and Engineering Centers, Division of Materials Research, Room 1065, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292-4938.                    

*Purpose of Meeting:*                         To provide advice and recommendations concerning progress of the Collaborative to Integrate Research and Education (CIRE) between Florida A&M University and Carnegie Mellon University.                    

*Agenda:*                         Review and evaluate progress of the Collaborative to Integrate Research and Education (CIRE) between Florida A&M University and Carnegie Mellon University.                    

*Reason for Closing:*                         The work being reviewed may include information of a proprietary or confidential nature, including technical information; financial data, such as salaries and personal information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.                    

*Reason for Late Notice:*                         Conflicting schedules of members and the necessity to proceed with review of proposals.                    

Dated: April 19, 2001.

Susanne Bolton,

Committee Management Officer.

[FR Doc. 01-10172  Filed 4-24-01; 8:45 am]

BILLING CODE 7555-01-M
Exhibit 10.1






Exhibit 10.1




[FORM OF AMENDMENT TO EMPLOYMENT AGREEMENT]




[EXECUTIVE NAME]

AMENDMENT TO EMPLOYMENT AGREEMENT




THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Agreement”), is entered into this
29th day of March, 2010, by and between [EXECUTIVE NAME] (the “Executive”), KEY ENERGY
SERVICES, INC., a Maryland corporation (the “Parent”), and KEY ENERGY SHARED SERVICES, LLC, a
Delaware limited liability company (the “Company”).



WHEREAS, the Executive, the Parent and the Company are parties to that Employment
Agreement dated as of [DATE] (the “Employment Agreement”); and



WHEREAS, the parties desire to amend the Employment Agreement in order to reflect
changes to Company-paid benefits provided to Executive.



NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements
herein contained, the parties agree as follows:



[Specify “Paragraph 3 of Exhibit B” for Richard J. Alario’s Employment Agreement and “Paragraph 1
of Exhibit A” for all other executives’ Employment Agreements.]




	1.	 	Paragraph [Ÿ] of Exhibit [Ÿ] of the Employment Agreement is hereby amended in its
entirety to read as follows:







“Executive Health Reimbursement Plan. Out-of-pocket costs that would otherwise
be payable by Executive with respect to medical and dental expenses for
Executive and Executive’s covered dependents, shall be reimbursed under the
terms of, and subject to all applicable limitations set forth in, the Company’s
Executive Health Reimbursement Plan, as that may be amended from time to time.”




	2.	 	Except as set forth in this Agreement, all provisions, terms and conditions in the Employment
Agreement remain unmodified and in full force and effect, and the Employment Agreement is
hereby ratified and confirmed.






[Signature page follows]




 


 









 







IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first
written above.



	 	 	 	 	 
	 	

THE PARENT:



KEY ENERGY SERVICES, INC.

 	 
	 	By:  	 	 
	 
	 	

THE COMPANY:



KEY ENERGY SHARED SERVICES, LLC

 	 
	 	By:  	 	 
	 	 	 	 
	 	
THE EXECUTIVE:
 	 
	 	 	 	
	 	 	[EXECUTIVE NAME]
No. 97-20526 -1-

* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-20526 Conference Calendar

JAMES ELLIS, JR., Plaintiff-Appellant,

versus R. THALER, Warden; WAYNE SCOTT, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas

USDC No. H-96-CV-485

- - - - - - - - - - August 20, 1998 Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM: * James Ellis, Jr., Texas prisoner #661137, appeals from the dismissal of his civil rights action as frivolous. Ellis contends his placement in administrative segregation violated the Due Process Clause. He argues that Texas prison regulations created a liberty interest against placement in administrative segregation and that failure to follow prison regulations is itself a due process violation. Ellis contends that prison officials were deliberately indifferent to his health and safety by placing him in administrative segregation and by placing him with an HIV-positive inmate. He argues that the district courtNo. 97-20526 -2- should have required the warden to obtain his former cellmate’s prison records to ascertain whether his cellmate was disposed to violence, as Ellis alleges (for the first time on appeal) that he was. Ellis contends that retaliation may be inferred from the fact that he was placed in an unsafe situation after he filed a grievance regarding his placement in administrative segregation and requested the name of the person who had him placed in administrative segregation. Ellis argues that the defendants were personally involved in the actions underlying his complaint. We have reviewed Ellis’s brief and the record, and we have found no nonfrivolous issues. Accordingly, we dismiss Ellis’s claims for essentially the reasons relied upon by the district
court. Ellis v. Thaler , No. H-96-485 (S.D. Tex. June 17, 1997). Ellis’s appeal is without arguable merit and is frivolous. See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). We previously dismissed an appeal by Ellis as frivolous, following the dismissal of his complaint as frivolous. Ellis v. Bozarth , No. 98-50205 (5th Cir. Jun. 17, 1998)(unpublished). The district court’s dismissal of the present case and our dismissal of the appeal constitute strikes three and four against Ellis for purposes of 28 U.S.C. § 1915(g). Adepegba v. Hammons , 103 F.3d 383, 388 (5th Cir. 1996). Because Ellis has more than three strikes, he may not bring a civil action or appeal as a prisoner proceeding in forma pauperis unless he is under imminent danger of serious physical injury. 28 U.S.C. § 1915(g).
APPEAL DISMISSED. 5 TH C IR . R. 42.2. SANCTION IMPOSED UNDER 28 U.S.C. § 1915(g).
Exhibit 15.1



                   LETTER RE UNAUDITED INTERIM FINANCIAL INFORMATION




August 13, 2003





Peter Kiewit Sons', Inc.
1000 Kiewit Plaza
Omaha, Nebraska 68131

Re:  Registration Statement No. 333-107629

With respect to the subject registration statement, we acknowledge our
awareness of the use therein of our report dated August 13, 2003 related to
our review of interim financial information.

Pursuant to Rule 436 under the Securities Act of 1933 (the Act), such report
is not considered part of a registration statement prepared or certified by
an accountant, or a report prepared or certified by an accountant within the
meaning of Sections 7 and 11 of the Act.





                                           /s/ KPMG LLP

Omaha, Nebraska
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### Foreign-Trade Zones Board 

          - [Order No. 1081] 

      ( print page 20948)    
Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: 

Whereas, the Foreign-Trade Zones Act provides for “ * * * the establishment * * * of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs ports of entry; 

Whereas, the City of Fort Lauderdale, Florida (the Grantee), has made application to the Board (FTZ Docket 12-99, filed 3/19/99), requesting the establishment of a foreign-trade zone in the Fort Lauderdale, Florida, area, adjacent to the Port Everglades Customs port of entry; 

                    Whereas, notice inviting public comment has been given in the                     **Federal Register**                     (64 FR 14859, 3/29/99); and,                 

Whereas, the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations are satisfied, and that approval of the application is in the public interest; 

Now, therefore, the Board hereby grants to the Grantee the privilege of establishing a foreign-trade zone, designated on the records of the Board as Foreign-Trade Zone No. 241, at the sites described in the application, subject to the Act and the Board's regulations, including Section 400.28, and further subject to the grantee's implementation of the site management plan presented for the record in this case. 

Signed at Washington, DC, this 6th day of April 2000. 

Foreign-Trade Zones Board. 

William M. Daley,

Secretary of Commerce, Chairman and Executive Officer. 

Attest: 

Dennis Puccinelli, 

Acting Executive Secretary. 

[FR Doc. 00-9825 Filed 4-18-00; 8:45 am] 

BILLING CODE 3510-DS-P