alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jerry A. BRENDEN, Plaintiff-Appellant, v. SELLEN CONSTRUCTION, Defendant-Appellee.

No. 05-35606.

United States Court of Appeals, Ninth Circuit.

Submitted June 5, 2006.*

Filed June 9, 2006.

Jerry A. Brenden, Eugene, OR, pro se.

Michael H. Weier, Esq., Reinisch Weier & MacKenzie, Seattle, WA, for DefendantAppellee.

Before: CANBY, T.G. NELSON and KLEINFELD, Circuit Judges.

*

 This panel unanimously finds this casé suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

A review of the record and appellant’s responses to this court’s order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument. *See United States v. Hooton,*693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard).

Accordingly, we summarily affirm the district court’s judgment.

All pending motions are denied as moot.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
SUBMISSION COVER SHEET

IMPORTANT: Check box if Confidential Treatment is requested

Registered Entity Identifier Code (optional): ___________________________

Organization: ICE Swap Trade, LLC

Filing as a: DCM X SEF DCO SDR Please note - only ONE choice allowed.

Filing Date (mm/dd/yy): 10/1/2018 Filing Description: ICE Swap Trade, LLC’s weekly notification of rule

changes.

SPECIFY FILING TYPE Please note only ONE choice allowed per Submission.

Organization Rules and Rule Amendments

Certification § 40.6(a)

Approval § 40.5(a)

Notification § 40.6(d)

Advance Notice of SIDCO Rule Change § 40.10(a)

SIDCO Emergency Rule Change § 40.10(h)

Rule Numbers: IST Compliance Manual

New Product Please note only ONE product per Submission.

Certification § 40.2(a)

Certification Security Futures § 41.23(a)

Certification Swap Class § 40.2(d)

Approval § 40.3(a)

Approval Security Futures § 41.23(b)

Novel Derivative Product Notification § 40.12(a)

Swap Submission § 39.5

Official Product Name:

Product Terms and Conditions (product related Rules and Rule Amendments)

Certification § 40.6(a)

Certification Made Available to Trade Determination § 40.6(a)

Certification Security Futures § 41.24(a)

Delisting (No Open Interest) § 40.6(a)

Approval § 40.5(a)

Approval Made Available to Trade Determination § 40.5(a)

Approval Security Futures § 41.24(c)

Approval Amendments to enumerated agricultural products § 40.4(a), § 40.5(a)

“Non-Material Agricultural Rule Change” § 40.4(b)(5)

Notification § 40.6(d)

Official Name(s) of Product(s) Affected:

Rule Numbers:

X
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 14

- 00467

- CR

William Preston Hopper

v.

The State of Texas §

§

§

§

§

§ From the 355th District Court

of Hood County (CR12877)

January 14, 2016

Opinion by Justice Gabriel

Dissent by Justice Dauphinot

(p)



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was error in the trial court’s judgment. The judgment is modified to reflec t

that the trial court assessed William Preston Hopper’s punishment . It is ordered

that the judgment of the trial court is affirmed as modified.

SECOND DISTRICT COURT OF APPEALS

By /s/ Lee Gabriel

Justice Lee Gabriel
**EXHIBIT 10.1**

 

**TitanMachinery Inc. Non-Employee Director Compensation Plan**

 

Each non-employeedirector of Titan Machinery Inc. (the “Company”) shall receive:

 

·                  an annual retainer of $20,000, payablequarterly (the chair of the audit committee shall receive an additional $10,000retainer);

·                  an annual grant of shares of restrictedcommon stock(1) equal to $30,000, based upon the fair market value of theCompany’s common stock on the grant date(2), granted on the first trading dayof the second month of the Company’s second fiscal quarter;

·                  a $1,500 cash fee per board meetingattended and a $1,000 cash fee per committee meeting attended ($500 for boardor committee teleconferences); and

·                  reimbursement of reasonable expensesincurred in connection with his services as a director.

 

----

(1) The restricted stock grants shall have aone-year vesting period and each director shall be required to hold such sharesof restricted stock until such director is no longer serving as a director ofTitan Machinery Inc.

(2) The fair market value of the Company’s commonstock shall be equal to the closing price of the Company’s common stock on theNasdaq stock market on the date of determination.

 

----
**EXHIBIT 31.3**

 

**Certification of Senior Vice President and ChiefFinancial Officer**

**Pursuant to Section 302 of the Sarbanes-Oxley Actof 2002**

 

I, L. Mark Panella, certify that:

 

1.               I have reviewed thisQuarterly Report on Form 10-Q of Danvers Bancorp, Inc.;

 

2.               Based on my knowledge, thisquarterly report does not contain any untrue statement of material fact or omitto state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3.               Based on my knowledge, thefinancial statements, and other financial information included in thisquarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.               The registrant’s othercertifying officers and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13(a)-15(e) and15(d)-15(e)) for the registrant and have:

 

a.               Designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisreport is being prepared;

 

b.              Evaluated the effectivenessof the registrant’s disclosure controls and procedures and presented in thisreport our conclusion about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report, based on suchevaluation; and

 

c.               Disclosed in this report anychange in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

 

5.               The registrant’s othercertifying officers and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the registrant’s auditors andthe audit committee of the registrant’s board of directors:

 

a.               All significant deficienciesand material weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and

 

b.              Any fraud, whether or notmaterial, this involves management or other employee who have a significantrole in the registrant’s internal control over financial reporting.

 

Date:                    May 15,2008

 
| /s/  L. Mark Panella                               |   |
|----------------------------------------------------|--------|
| L.  Mark Panella                                   |
| Senior  Vice President and Chief Financial Officer |

 

----
# United States Court of Appeals

For the Seventh Circuit Chicago, Illinois 60604

Submitted June 18, 2012 ∗ Decided June 20, 2012



### Before

F RANK H. E ASTERBROOK , Chief Judge

I LANA D IAMOND R OVNER , Circuit Judge

D AVID F. H AMILTON , Circuit Judge



### No

. 12-1489

U NITED S TATES OF A MERICA , Plaintiff-Appellee
,

v.

K EVIN S NULLIGAN , Defendant-Appellant. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.

No. 99 CR 561-5 James F. Holderman, Chief Judge

.

Order

Kevin Snulligan, who is serving a term of 540 months’ imprisonment for distributing drugs, asked the district court to reduce his sentence under recent retroactive changes to the sentencing tables for crack cocaine. The district judge denied this motion, and Snulligan appeals.

The district judge recalculated Snulligan’s offense level using the retroactively applicable tables and concluded that it fell from level 38 to level 37. This did not do

∗ After examining the briefs and the record, we have concluded th at oral argument is unnecessary. See Fed. R. App. P. 34(a); Cir. R. 34(f). N O N P R E C E D E N T I A L D I S P O S I T I O N To be cited only in accordance with Fed. R. App. P. 32.1No 12-1489 Page 2

Snulligan any good, however, because both level 37 and level 38 give the same range (360 months to life) for someone with Snulligan’s extensive criminal history. He observes that the offense level for the crack-cocaine offense, standing alone, fell from 38 to 34, which would have produced a lower sentencing range. But under the Guidelines a career offender is assigned a level of 37 when the level otherwise computed would be lower. U.S.S.G. §4B1.1(b)(1). That is why Snulligan’s sentencing range remained at 360 months to life.

Snulligan contends that because his offense level fell with the retroactive change in the Guidelines, the judge could resentence him to any term within the range of 360 months to life. But 18 U.S.C. §3582(c)(2), which governs retroactive changes, provides that a district judge may reduce a sentence only when "defendant ... has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission” (emphasis added). Snulligan’s offense level has been reduced, but his “sentencing range” has not, and the district court therefore correctly concluded that Snulligan is ineligible for a lower sentence. See United States v. Guyton , 636 F.3d 316, 318 (7th Cir. 2011); United States v. Jackson , 573 F.3d 398, 399–400 (7th Cir. 2009); United States v. Forman , 553 F.3d 585, 589–90 (7th Cir. 2009).

A FFIRMED
Exhibit 12.1  FIVE STAR QUALITY CARE, INC. Computation of Ratio of Earnings to Fixed Charges (in thousands except ratios)  Year ended December 31,2010

2009

2008

2007

2006Consolidated earnings (loss)

$
192,339

$
175,989

$
125,300

$
132,673

$
(20,825
)Consolidated fixed charges

166,128

134,096

126,523

106,045

90,472Ratio of consolidated earnings to fixed charges

1.2x

1.3x

1.0x

1.3x

N/MDeficiency









111,297Calculation of consolidated earnings (loss):Consolidated income (loss) from continuing   operations before income tax

$
26,211

$
41,893

$
(1,223
)
$
26,628

$
(111,297
)Consolidated fixed charges

166,128

134,096

126,523

106,045

90,472Consolidated earnings (loss)

$
192,339

$
175,989

$
125,300

$
132,673

$
(20,825
)Calculation of fixed charges:Interest expense

$
2,945

$
4,235

$
6,070

$
6,335

$
3,791Estimated interest component of rent expense

163,083

129,731

120,186

99,243

86,108Amortization of debt discounts / premium





34

49

191Amortization of capitalized deferred finance costs

100

130

233

418

382Fixed charges

$
166,128

$
134,096

$
126,523

$
106,045

$
90,472
UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549



---

FORM 8-K

---



CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Act of 1934



Date of Report (Date of earliest event reported):  April 13, 2007



---

THE VALSPAR CORPORATION

(Exact name of registrant as specified in its charter)



|Delaware                                      | 1-3011                  | 36-2443580                         
|--------------------------------------------- | ----------------------- | -----------------------------------
|(State or other jurisdictionof incorporation) | (CommissionFile Number) | (I.R.S. EmployerIdentification No.)



|1101 Third Street South, Minneapolis, Minnesota | 55415     
|----------------------------------------------- | ----------
|(Address of principal executive offices)        | (Zip Code)





Registrants telephone number, including area code:(612) 332-7371



Not Applicable

(Former name or former address, if changed since last report)



---

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (seeGeneral Instruction A.2. below):



oWritten communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)



oSoliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)



oPre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))



oPre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))







---

Item 8.01.    Other Events.



On April 13, 2007, the Company issued a press release announcing the initial purchase price for the repurchase of 2 million shares of Valspar common stock under an accelerated share repurchase agreement with Goldman, Sachs & Co. as announced in Valspars April 10, 2007 press release. A copy of the press release is attached as Exhibit 99.1 to this Form 8-K.



Item 9.01.    Financial Statements and Exhibits.



(d)
        Exhibits




99.1
        Press Release dated April 13, 2007




SIGNATURE



Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.





THE VALSPAR CORPORATIONDated:  April 16, 2007
        /s/   Rolf EnghName:
        Rolf EnghTitle:
        Secretary






---
Fourth Court of Appeals

San Antonio, Texas

November 1, 2019

No. 04-19-00216-CR

Luis Antonio ARROYO,

Appellant

v.

The STATE of Texas,

Appellee

From the 227th Judicial District Court, Bexar County, Texas

Trial Court No. 2018CR5532

Honorable Laura Lee Parker, Judge Presiding

ORDER

After we granted Appellant’s first motion for extension of time to file the brief, 

Appellant’s brief was due on October 28, 2019. See TEX. R. APP. P. 38.6(a). On the extended 

due date, Appellant filed a second motion for a thirty-day extension of time to file the brief.

Appellant’s motion is GRANTED; the brief is due on November 27, 2019. 

Any further motion for extension of time to file Appellant’s brief may be disfavored. 

_________________________________

Patricia O. Alvarez, Justice

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

court on this 1st day of November, 2019.

___________________________________

LUZ ESTRADA,

Chief Deputy Clerk
EXHIBIT 32

CERTIFICATION

|    |                                                                                                                                                                                                        
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|    | The
  undersigned certify pursuant to 18 U.S.C. § 1350, that:                                                                                                                                          
|    |                                                                                                                                                                                                        
|(1) | The
  accompanying Quarterly Report on Form 10-Q for the period ended September 30,
  2006 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 accompanying report fairly presents, in all
  material respects, the financial condition and results of operations of the
  Company.                                

|                         |  |                          
|------------------------ |  | -------------------------
|Date: November
  7, 2006 |  | /s/ Bernard
  P. Aldrich 
|                         |  |                          
|                         |  | President
  and Chief    
|                         |  | Executive
  Officer      
|                         |  |                          
|                        
|Date: November
  7, 2006 |  | /s/ Robert
  M. Wolf     
|                         |  |                          
|                         |  | Chief
  Financial Officer

---
EXHIBIT 32.1

CERTIFICATION PURSUANT TO 
18 U.S.C. 1350, 
AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of PRINCIPLE SECURITY INTERNATIONAL, INC. (the Company) on Form 10-Q for the period ended February 29, 2008 as filed with the Securities and Exchange Commission on the date here of (the Report), I, Charles Payne, Chief Executive and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



CHARLES PAYNECharles PayneChief Executive and Chief Financial OfficerApril 10, 2008























---
Exhibit 21

|                                            |                              |                                 | 
|------------------------------------------- | ---------------------------- | ------------------------------- | 
|Subsidiaries
 of the Registrant             |                              | State or
 Province of Formation | 
|                                            |                              |                                 | 
|                                            |                             
|North American Subsidiaries                 |                             
|MTS Testing
 Systems (Canada) Ltd.          | Ontario                     
|                                            |                             
|International Subsidiaries                  |                             
|MTS Holdings
 France, SARL                  | France                      
|MTS Sensor Technologie und Verwaltungs-GmbH | Germany                     
|MTS
 Automotive Sensors GmbH                | Germany                     
|MTS Sensor
 Technologie GmbH and Co. KG     | Germany                     
|MTS Systems
 SAS                            | France                      
|MTS Systems
 GmbH                           | Germany                     
|MTS Systems
 Ltd.                           | United
 Kingdom             
|MTS Systems
 Norden AB                      | Sweden                      
|MTS Systems
 srl                            | Italy                       
|MTS (Japan)
 Ltd.                           | Japan                       
|MTS Korea,
 Inc.                            | Korea, Republic of          
|MTS Sensors
 Technology K.K.                | Japan                       
|MTS Systems
 (China) Inc.                   | Minnesota                   
|MTS Systems (Hong Kong) Inc.                | Minnesota                   
|MTS Systems Switzerland GmbH                | Switzerland                 
|MTS Systems
 (China) Co., Ltd.              | China,
 Peoples Republic of

---
```

[Federal Register: November 3, 2000 (Volume 65, Number 214)]
[Notices]
[Page 66237]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no00-38]

=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

``FEDERAL REGISTER'' CITATION OF PREVIOUS ANNOUNCEMENT: 65 FR 65843; 65
FR 64687.

PREVIOUSLY ANNOUNCED TIME AND DATE OF MEETING: 1 p.m., Wednesday,
November 1, 2000.

CHANGES IN THE MEETING: The open meeting previously scheduled for 1
p.m., Wednesday, November 1, 2000 has been postponed until 1 p.m.,
Monday, November 6, 2000.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 418-5100.

Jean A. Webb,
Secretary of the Commission.
[FR Doc. 00-28351 Filed 11-1-00; 11:24 am]
BILLING CODE 6351-01-M
```

----

**======== RETURN TO INDEX    ========**

----
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 Quarterly Report of CleanTech Biofuels, Inc. (the "Company") on Form 10-Q for the period ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Edward P. Hennessey, Jr., Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. 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.








Date: May 10, 2011
By:
/s/ Edward P. Hennessey, Jr.Edward P. Hennessey, Jr.Chief Executive Officer


This certification is made solely for purposes of 18 U.S.C. Section 1350 and not for any other purpose.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

December 28, 2007 Clifford W. Taylor,

 Chief Justice 

134386 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 134386 

 COA: 272952 

Oakland CC: 98-161195-FC 

WILLIAM HOWARD DICKSON,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the May 18, 2007 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). 

s1217 

I, Corbin R. Davis, 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. 

December 28, 2007 

 Clerk