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



AMENDED AND RESTATED    LODGENET ENTERTAINMENT CORPORATION
 OFFICES: REGISTERED AGENT
 Registered Office And Agent
 Principal Business Office
 MEETINGS OF STOCKHOLDERS
 Annual Meeting
 Special Meetings




---



##### 



Place Of Meeting
 Notice Of Meetings
   2




---



##### 



Waiver Of Notice
 Record Dates
   3




---



##### 



Lists Of Stockholders
 Quorum And Vote Required For Action
  4




---



##### 



Proxies
 5




---



##### 



Voting Of Shares
 Voting By Ballot
 Inspectors
 Reserved
 6




---



##### 



Organization
 Conduct Of Business
 Advance Notice of Stockholder Nominees
  7




---



##### 



8




---



##### 



§ 2.17 Advance Notice of Stockholder Business.
  9




---



##### 



DIRECTORS
 Powers
  Number And Qualifications Of Directors
 Chairman of the Board.
 10




---



##### 



Classes And Terms Of Office
 Vacancies And Newly Created Directorship
 Regular Meetings
 Special Meetings
 11




---



##### 



Notice
 Waiver Of Notice
 Quorum And Vote Required For Action
 12




---



##### 



Attendance By Conference Telephone Call
 Presumption Of Assent
 Informal Action
 13




---



##### 



Compensation
 Removal By Stockholders
 COMMITTEES
 Committees Of The Board Of Directors
 14




---



##### 



Committee Records
 Reserved.
 OFFICERS
 Designation: Number: Election
 Reserved.
 15




---



##### 



Term Of Office: Removal: Vacancies
  Chief Executive Officer chief
 16




---



##### 



President.
 Chief Financial Officer.
 Vice Presidents
 Reserved.
 Secretary
 17




---



##### 



Reserved.
 Compensation
 INDEMNIFICATION
 Indemnification Of Directors And Officers
 18




---



##### 



Advancement Of Expenses
 Contract With The Corporation
 Indemnification Of Employees And Agents
 19




---



##### 



Other Rights Of Indemnification
 Survival.
 CERTIFICATES OF STOCK AND THEIR TRANSFER
 Form And Execution Of Certificates
 20




---



##### 



Replacement Certificates
 Transfers Of Stock
 21




---



##### 



Registered Stockholders
 CONTRACTS, LOANS, CHECKS AND DEPOSITS
 Contracts
 Loans
 Checks Drafts And Other Instruments
 Deposits
 22




---



##### 



MISCELLANEOUS PROVISIONS
 Dividends
 Reserves
 Voting Stock of Other Corporations
 Fiscal Year
 Seal
 Severability
 23




---



##### 



Amendment
  24
----

|   | (i)    | the      accompanying Quarterly Report on Form 10-Q of the Company for the period      ended September 30, 2008 (the “Report”) fully complies with the      requirements of Section 13(a) or Section 15(d), as applicable, of the      Securities Exchange Act of 1934, as amended; and |
|--------|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                                     |
|   | (ii)   | the      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the      Company.                                                                                                                                      |

| Date:      November 14,      2008 |   | /s/      Stanley A. Fronczkowski                         |   |
|-----------------------------------|--------|----------------------------------------------------------|--------|
|                              |   | Stanley      A. FronczkowskiChief      Financial Officer |   |
Ian ORNSTEIN, petitioner, v. BANK OF AMERICA, N.A., et al.

No. 17-1555.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the Court of Appeals of Arizona, Division One denied.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

DANIEL ELIAS NAVARRETE,

#225305

VS.

JIM SKINNER, ET AL.

§

§

§

§

§

§

CIVIL CASE NO. 4:23-CV-671

ORDER OF DISMISSAL

This case was referred to United States Magistrate Judge Kimberly C. Priest 

Johnson, who issued a Report and Recommendation concluding that Plaintiff’s 

lawsuit should be dismissed without prejudice for want of prosecution. The Report 

and Recommendation of the Magistrate Judge, which contains proposed findings of 

fact and recommendations for the disposition of such action, has been presented for 

consideration. No objections having been timely filed,1 the Court concludes that the 

findings and conclusions of the Magistrate Judge are correct and adopts the same as 

the findings and conclusions of the Court. 

It is therefore ORDERED that Plaintiff’s complaint is DISMISSED without 

prejudice. All motions by either party not previously ruled on are hereby DENIED.

1 On October 19, 2023, a copy of the Report and Recommendation (Dkt. #6) was returned as 

undeliverable and marked, “Return to Sender-Not Deliverable as Addressed-Unable to Forward” and 

“Refused-Not in Custody.” (Dkt. #7). Plaintiff has not updated his address with the Court.

Case 4:23-cv-00671-SDJ-KPJ Document 8 Filed 02/03/24 Page 1 of 1 PageID #: 17
##### 



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 EMAK Worldwide, Inc. (the Company) on Form
10-Q for the period ended March 31, 2005 as filed with the Securities and Exchange Commission on
the date here of (the Report), I, Stephen P. Robeck, Interim Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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/ Stephen P. RobeckStephen P. RobeckDated: May 19, 2005
    Chairman of the Board and Interim Chief Executive Officer
IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS 

SHERMAN DIVISION

UNITED STATES OF AMERICA

v. 

COURTNEY GREEN (1)

§

§ 

§ 

§ 

§ 

CASE NUMBER 4:23-CR-00206 

ORDER ADOPTING UNITED STATES MAGISTRATE JUDGE’S

REPORT AND FINDING DEFENDANT GUILTY

The Court referred this matter to the United States Magistrate Judge for administration of 

a guilty plea under Federal Rule of Criminal Procedure 11. The Magistrate Judge conducted a 

hearing in the form and manner prescribed by Rule 11 and issued Findings of Fact and 

Recommendation on Guilty Plea. The Magistrate Judge recommended that the Court accept 

Defendant’s guilty plea and adjudge Defendant guilty on Count One of the Indictment. 

The parties have not objected to the Magistrate Judge’s findings. 

The Court hereby ADOPTS the Findings of Fact and Recommendation on Guilty Plea of 

the United States Magistrate Judge. The court also accepts Defendant’s plea but defers acceptance 

of the plea agreement until after review of the presentence report.

In accordance with Defendant’s guilty plea, the Court finds Defendant Courtney Green

GUILTY of Count One of the Indictment, charging a violation of Title 21 U.S.C. § 846 - 

Conspiracy to Distribute or Possess with the Intent to Distribute or Dispense a Mixture or 

Substance Containing a Detectable Amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] 

propanamide (Fentanyl). 

Case 4:23-cr-00206-ALM-AGD Document 45 Filed 07/12/24 Page 1 of 2 PageID #: 99
Case 4:23-cr-00206-ALM-AGD Document 45 Filed 07/12/24 Page 2 of 2 PageID #: 100
AO 120 (Rev. 08/10) 

TO: Mail Stop 8

Director of the U.S. Patent and Trademark Office

P.O. Box 1450

Alexandria, VA 22313-1450

REPORT ON THE

FILING OR DETERMINATION OF AN

ACTION REGARDING A PATENT OR

TRADEMARK

In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been

filed in the U.S. District Court on the following

G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. § 292.):

DOCKET NO. DATE FILED U.S. DISTRICT COURT

PLAINTIFF DEFENDANT

PATENT OR

TRADEMARK NO.

DATE OF PATENT 

OR TRADEMARK HOLDER OF PATENT OR TRADEMARK

 1

 2

 3

 4

 5

In the above—entitled case, the following patent(s)/ trademark(s) have been included:

DATE INCLUDED INCLUDED BY

G Amendment G Answer G Cross Bill G Other Pleading

PATENT OR

TRADEMARK NO.

DATE OF PATENT 

OR TRADEMARK HOLDER OF PATENT OR TRADEMARK

 1

 2

 3

 4

 5

In the above—entitled case, the following decision has been rendered or judgement issued:

DECISION/JUDGEMENT

CLERK (BY) DEPUTY CLERK DATE

Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director

Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy

Eastern District of Texas

✔

2:23-cv-419 9/15/2023 Eastern District of Texas

SYMBOLOGY INNOVATIONS, LLC, VALVE CORPORATION, GEARBOX SOFTWARE,

L.L.C.,

7,992,773 8/9/2011 SYMBOLOGY INNOVATIONS LLC

8,424,752 4/23/2013 SYMBOLOGY INNOVATIONS LLC

8,651,369 2/18/2014 SYMBOLOGY INNOVATIONS LLC

8,936,190 1/20/2015 SYMBOLOGY INNOVATIONS LLC

Case 2:23-cv-00419-JRG Document 2 Filed 09/15/23 Page 1 of 1 PageID #: 120
<PAGE>   1
                                                                      EXHIBIT 10


                            [SANWA BANK LETTERHEAD]


                                  May 13, 1999

MR. WILLIAM M. KING                                                VIA MESSENGER
Treasurer
EQUITY MARKETING, INC.
6330 San Vicente Blvd.
Los Angeles, CA  90048

RE:  AMENDED AND RESTATED CREDIT AGREEMENT (THE "AGREEMENT") DATED DECEMBER 10,
     1998 BY AND AMONG EQUITY MARKETING, INC. ("EQUITY" OR THE "BORROWER"),
     SANWA BANK CALIFORNIA ("SANWA") AS AGENT, AND IMPERIAL BANK ("IMPERIAL").
     SANWA AND IMPERIAL SHALL COLLECTIVELY BE THE LENDERS.

Dear Bill:

Equity has requested the following waivers in connection with the
above-referenced Agreement:

     1.   8(i)--Minimum Tangible Net Worth;
     2.   8(j)(1)--Total Liabilities to Net Worth (including L/C's);
     3.   8(j)(2)--Total Liabilities to Net Worth (excluding L/C's);
     4.   8(l)--Minimum Funded Debt Coverage Ratio; and
     5.   8(m)--Minimum Fixed Charge Coverage Ratio.

The Lenders hereby waive the Borrower's breach of all of the above Sections in
the Agreement occurring as of March 31, 1999. Any further violations to the
Agreement are not waived.

Except to the extent of this and any prior waiver, the Agreement shall remain
unaltered and in full force and effect. This letter shall not be a waiver of
any existing default or breach of a covenant unless specified herein.

This waiver shall be effective only upon receipt by the Bank of the enclosed
acknowledgement copy executed by the Borrower and Imperial. If the foregoing is
acceptable, please sign the enclosed copy and return to the undersigned not
later than May 14, 1999.


                                                  Sincerely,

                                                  /s/ JUDY Y. TU
                                                  Judy Y. Tu
                                                  Commercial Banking Officer


Accepted and Agreed by                            Acknowledged and Concurred by:

EQUITY MARKETING, INC.                            IMPERIAL BANK

By:    /s/ TERESA P. COVINGTON                    By:    /s/ JENNIFER C. HUANG
       -----------------------                           -----------------------
Name:  Teresa P. Covington                        Name:  Jennifer C. Huang
       -----------------------                           -----------------------
Title: V.P., Finance                              Title: Commercial Loan Officer
       -----------------------                           -----------------------
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 on Form 10-Q of Trimeris, Inc. (the Company) for
the quarterly period ended June 30, 2009 as filed with Securities and Exchange Commission on the date hereof (the Report), I, Martin A. Mattingly, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,
as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(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/ MARTIN A. MATTINGLY
|Martin A. Mattingly    
|Chief Executive Officer

August 14, 2009

The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not being filed as part of the Report or as a separate disclosure document.

A signed original of this written statement required by § 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 upon request.



35
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

LUFKIN DIVISION

JAMES VALENTINIS-DEE §

VS. § CIVIL ACTION NO. 9:23cv24

WARDEN JASON GUNTHER, ET AL. §

MEMORANDUM OPINION REGARDING VENUE

Plaintiff James Valentinis-Dee, an inmate at the United States Penitentiary Coleman II

located in Sumterville, Florida, proceeding pro se, filed this mandamus action.

The above-styled action was referred to the undersigned magistrate judge pursuant to 28

U.S.C. § 636 and the Local Rules for the Assignment of Duties to the United States Magistrate Judge

for findings of fact, conclusions of law, and recommendations for the disposition of the case.

Discussion

Plaintiff brings this mandamus action seeking to compel Warden Gunther, Captain Taylor,

and the unit case manager to perform their duties and put him in for consideration of placement in

a half-way house in Houston, Texas. Additionally, plaintiff seeks injunctive relief regarding alleged

lost property and interference with his legal mail.

Analysis

When jurisdiction is not founded solely on diversity of citizenship, 28 U.S.C. § 1391

provides that venue is proper only in the judicial district where the defendants reside or in which the

claim arose. At the time of the incidents which form the basis of plaintiff’s action he was confined

at the United States Penitentiary located in Sumterville, Sumter County, Florida, where he remains. 

Further, the prison defendants are employed at the United States Penitentiary located in Sumterville,

Case 9:23-cv-00024-MAC-ZJH Document 2 Filed 02/03/23 Page 1 of 2 PageID #: 10
Sumter County, Florida. When public officials are parties to an action in their official capacities,

they reside for venue purposes in the county where they perform their official duties, which in this

case is Sumter County, Florida. Holloway v. Gunnell, 685 F.2d 150 (5th Cir. 1982); Lowrey v.

Estelle, 433 F.2d 265 (5th Cir. 1976). Sumter County, Florida is located within the jurisdictional

boundaries of the United States District Court for the Middle District of Florida, Ocala Division. 

As Sumter County, Florida is located within the jurisdictional boundaries of the United

States District Court for the Middle District of Florida, venue in the Eastern District of Texas is not

proper. When venue is not proper, the court “shall dismiss, or if it be in the interest of justice,

transfer such case to any district or division in which it could have been brought.” 28 U.S.C.

§ 1406(a). This case should be transferred to the United States District Court for the Middle District

of Florida, Ocala Division. An appropriate order so providing will be entered by the undersigned.

2

_________________________

Zack Hawthorn

United States Magistrate Judge SIGNED this 3rd day of February, 2023.

Case 9:23-cv-00024-MAC-ZJH Document 2 Filed 02/03/23 Page 2 of 2 PageID #: 11
<PAGE>


WANDEL & GOLTERMANN TECHNOLOGIES, INC.
EXHIBIT 11 - SCHEDULE OF COMPUTATION OF NET INCOME PER SHARE FOR EACH OF THE
THREE YEARS IN THE PERIOD ENDED SEPTEMBER 30, 1996 
(In thousands, except earnings per share)

<TABLE>
<CAPTION>


                                                                       1996            1995             1994
                                                                   -----------------------------------------------
<S>                                                                      <C>             <C>               <C>   
Net income used for primary and fully diluted per share amounts          $5,152          $1,036            $3,526
                                                                   =============   =============    ==============

         Primary

Weighted average number of common shares outstanding                      5,168           5,209             4,396

Add  - Shares of common stock assumed issued upon exercise of options and upon
     purchase of shares with prepaid contributions to the Employee Stock
     Purchase Plan using the "treasury stock" method as it applies to the
     computation
     of primary income per share                                             63              36                 2
                                                                   -------------   -------------    --------------

Weighted average number of shares used in calculations
     of primary income per share                                          5,231           5,245             4,398
                                                                   =============   =============    ==============

Primary net income per common share                                     $  0.98         $  0.20           $  0.80
                                                                   =============   =============    ==============

         Fully Diluted

Weighted average number of common shares outstanding                      5,168           5,209             4,396

Add  - Shares of common stock assumed issued upon exercise of options and upon
     purchase of shares with prepaid contributions to the Employee Stock
     Purchase Plan using the "treasury stock" method as it applies to the
     computation
     of fully diluted income per share                                       63              29                (8 )
                                                                   -------------   -------------    ----------------

Weighted average number of shares used in calculations of fully
     diluted income per share                                             5,231           5,238             4,388
                                                                   =============   =============    ================

Fully diluted net income per common share                               $  0.98         $  0.20           $  0.80
                                                                   =============   =============    ================

</TABLE>
                                       33
```
 
 
WHEAT - KANSAS CITY BOARD OF TRADE                                   Code-001612
FUTURES ONLY POSITIONS AS OF 10/15/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 5,000 BUSHELS)                         OPEN INTEREST:      155,273
COMMITMENTS
  61,744   20,246   12,324   63,296   97,897  137,364  130,467   17,909   24,806

CHANGES FROM 10/08/13 (CHANGE IN OPEN INTEREST:      5,064)
   5,611   -1,102      620     -578    4,390    5,653    3,908     -589    1,156

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    39.8     13.0      7.9     40.8     63.0     88.5     84.0     11.5     16.0

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      197)
      73       40       49       50       61      148      131
```

----

Updated October 30, 2013
```
 
 
WHEAT - MINNEAPOLIS GRAIN EXCHANGE                                   Code-001626
FUTURES ONLY POSITIONS AS OF 11/26/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 5,000 BUSHELS)                         OPEN INTEREST:       53,954
COMMITMENTS
  12,737    9,616      551   25,879   32,374   39,167   42,541   14,787   11,413

CHANGES FROM 11/19/13 (CHANGE IN OPEN INTEREST:     -3,898)
    -348      544     -720   -1,814   -1,676   -2,882   -1,852   -1,016   -2,046

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    23.6     17.8      1.0     48.0     60.0     72.6     78.8     27.4     21.2

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       75)
      20       14        7       37       23       59       42
```

----

Updated December 2, 2013
<PAGE>
                                                                    Exhibit 23.1


                          INDEPENDENT AUDITORS' CONSENT





The Board of Directors and Shareholders
TALX Corporation:


We consent to the incorporation by reference in registration statements No.
333-14619, No. 333-18389, No. 333-18393, No. 333-47569, No. 333-83369, No.
333-83367, No. 333-65370, and No. 333-65368 on Forms S-8 of TALX Corporation of
our report dated April 24, 2002, with respect to the consolidated balance sheets
of TALX Corporation and subsidiaries as of March 31, 2001 and 2002 and the
related consolidated statements of earnings, shareholders' equity and
comprehensive income, and cash flows for each of the years in the three-year
period ended March 31, 2002, which report appears in the March 31, 2002 annual
report on Form 10-K of TALX Corporation.



/s/ KPMG LLP


St. Louis, Missouri
June 28, 2002
Bryan P. STIRLING, Director, South Carolina Department of Corrections, et al., Petitioners, v. Charles Christopher WILLIAMS.

No. 18-1495.

Supreme Court of the United States.

Oct. 7, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
```
 
 
CRUDE OIL, LIGHT SWEET - ICE FUTURES EUROPE                          Code-067411
FUTURES ONLY POSITIONS AS OF 12/24/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 1,000 BARRELS)                         OPEN INTEREST:      527,595
COMMITMENTS
 105,186   18,041  137,830  266,646  361,128  509,662  516,999   17,933   10,596

CHANGES FROM 12/17/13 (CHANGE IN OPEN INTEREST:    -17,276)
   1,994      457   -6,531   -8,265   -6,954  -12,802  -13,028   -4,474   -4,248

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    19.9      3.4     26.1     50.5     68.4     96.6     98.0      3.4      2.0

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      137)
      36       30       48       67       58      127      113
```

----

Updated December 30, 2013