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

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION

HEADWATER RESEARCH LLC,

 Plaintiff,

 v.

AT&T SERVICES, INC. et al.,

 Defendants.

Case No. 2:23-CV-00397-JRG-RSP 

(Lead Case)

JURY TRIAL DEMANDED

HEADWATER RESEARCH LLC,

 Plaintiff,

 v.

AT&T SERVICES, INC. et al.,

 Defendants.

Case No. 2:23-CV-00398-JRG-RSP

(Member Case)

JURY TRIAL DEMANDED

UNOPPOSED MOTION FOR ENTRY OF SUPPLEMENTAL PROTECTIVE ORDER

Plaintiff Headwater Research LLC (“Headwater”) respectfully moves for the Court to 

enter the Supplemental Protective Order attached as Exhibit A. Defendants do not oppose. 

The Court previously entered a Protective Order to protect party and non-party 

confidential business information in the above-referenced action on December 27, 2023 (Dkt. 

No. 43) (“Protective Order”).

Apple Inc. (“Apple”), a non-party to this action, intends to produce confidential source 

code and other documents in this action that include or incorporate confidential business 

information (“CBI”) belonging to Apple. The Parties and Apple have agreed to provisions in 

addition to those contained in the Protective Order to protect such Apple CBI. 

Case 2:23-cv-00397-JRG-RSP Document 76 Filed 11/05/24 Page 1 of 4 PageID #: 3049
2

Therefore, Headwater respectfully requests that the Court enter the Supplemental 

Protective Order attached as Exhibit A.

Dated: November 5, 2024 Respectfully submitted,

/s/ Marc Fenster

Marc Fenster

CA State Bar No. 181067

Reza Mirzaie

CA State Bar No. 246953

Brian Ledahl

CA State Bar No. 186579

Ben Wang

CA State Bar No. 228712

Paul Kroeger

CA State Bar No. 229074

Neil A. Rubin

CA State Bar No. 250761

Kristopher Davis

CA State Bar No. 329627

James S. Tsuei

CA State Bar No. 285530

Philip Wang

CA State Bar No. 262239

Amy Hayden

CA State Bar No. 287026

Dale Chang

CA State Bar No. 248567

Jason M. Wietholter

CA State Bar No. 337139

Adam S. Hoffman

CA State Bar No. 218740 

Qi (Peter)Tong

TX State Bar No. 24119042

RUSS AUGUST & KABAT

12424 Wilshire Blvd. 12th Floor

Los Angeles, CA 90025

Telephone: 310-826-7474

headwater@raklaw.com 

Case 2:23-cv-00397-JRG-RSP Document 76 Filed 11/05/24 Page 2 of 4 PageID #: 3050
3

Andrea L. Fair

TX State Bar No. 24078488

MILLER FAIR HENRY PLLC

1507 Bill Owens Parkway 

Longview, Texas 75604 

Telephone: 903-757-6400 

andrea@millerfairhenry.com

ATTORNEYS FOR PLAINTIFF,

Headwater Research LLC

Case 2:23-cv-00397-JRG-RSP Document 76 Filed 11/05/24 Page 3 of 4 PageID #: 3051
4

CERTIFICATE OF SERVICE

I hereby certify that on November 5, 2024, all counsel of record who are deemed to have 

consented to electronic service are being served with a copy of this document via CM/ECF.

/s/ Kristopher Davis

Kristopher Davis 

CERTIFICATE OF CONFERENCE

The undersigned certifies that on November 5, 2024, counsel for all parties met and 

conferred in accordance with L.R. CV-7(h). This motion is unopposed.

/s/ Kristopher Davis

Kristopher Davis

Case 2:23-cv-00397-JRG-RSP Document 76 Filed 11/05/24 Page 4 of 4 PageID #: 3052
**Exhibit 7**

CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Annual Report of Eldorado Gold Corporation (the “Company”) on Form 40-F/A for the period ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Earl W. Price, 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.

 

| April 3, 2009 | /s/ Earl W. Price |
|---------------|-------------------|
|          | Earl W. Price     |

|   | Chief Financial Officer |
|--------|-------------------------|

|   | (Principal Financial and Accounting Officer) |
|--------|----------------------------------------------|

 

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

 

----
Exhibit 10.3 Amendment No. 1 to Employment Agreement






Exhibit 10.3




AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT


THIS AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (the "Amendment") is effective as of March 30, 2012 (the "Amendment Effective Date"), by and between FIDELITY NATIONAL INFORMATION SERVICES, INC., a Georgia corporation (the "Company"), and FRANK R. MARTIRE (the "Employee") and amends that certain Employment Agreement dated as of March 31, 2009 (the “Agreement”).  In consideration of the mutual covenants and agreements set forth herein, the parties agree as follows:
1.The first sentence of Section 2 of the Agreement is deleted and the following shall be inserted in lieu thereof:  
“2.    Employment and Duties.  Subject to the terms and conditions of this Agreement, the Company employs Employee to serve as Chairman and Chief Executive Officer of the Company.”
2.The second sentence of Section 5(d) of the Agreement is deleted and the following shall be inserted in lieu thereof:
		
	“(d)
	Effective as April 1, 2012, Employee's target Annual Bonus under the Annual Bonus Plan shall be no less than 250% of Employee's Annual Base Salary, with a maximum of up to 500% of Employee's Annual Base Salary (collectively, the target and maximum are referred to as the “Annual Bonus Opportunity”).  For calendar year 2012, Employee's Annual Bonus Opportunity shall be calculated on the basis of a pro-rated 200% target bonus and a 400% maximum bonus during the period from January 1, 2012 and March 31, 2012 and a pro-rated 250% target bonus and a 500% maximum bonus during the period from April 1, 2012 and December 31, 2012.”    


3.    Section 5(e) of the Agreement is deleted and the following shall be inserted in lieu thereof:
		
	“(e)
	participation in the Company's equity incentive plan with an increase to the contemplated 2012 grant of $800,000 more than the amount of the 2011 grant;”


IN WITNESS WHEREOF the parties have executed this Amendment to be effective as of the Amendment Effective Date.


	
				
	 
	 
	 
	FIDELITY NATIONAL INFORMATION SERVICES, INC.

	 
	 
	By:  
	/s/ Michael Gravelle

	 
	 
	 
	 

	 
	 
	 Its:
	Corporate Executive Vice President, Chief Legal Officer and Corporate Secretary






	
				
	 
	 
	 
	FRANK R. MARTIRE

	 
	 
	 
	/s/ Frank R. Martire
Exhibit32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with theQuarterly Report of Smith Barney Diversified Futures Fund L.P. (the‘‘Partnership’’) on Form 10-Q for the periodending June 30, 2006 filed with the Securities and Exchange Commissionon the date hereof (the ‘‘Report’’), I, DavidJ. Vogel, President and Director of Citigroup Managed Futures LLC,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 therequirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934; and |

|           |                                                                                                                                                        |
|-----------|--------------------------------------------------------------------------------------------------------------------------------------------------------|
| (2)  | The information containedin the Report fairly presents, in all material respects, the financialcondition and results of operations of the Partnership. |

Date:    August 14, 2006

/s/David J.Vogel

|  |
|--|
|  |  |
|  |

David J.VogelCitigroup Managed Futures LLC President andDirector

----
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David CASWELL, Petitioner, v. UNITED STATES.

No. 19-1027.

Supreme Court of the United States.

March 23, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

DEC 7, 2006

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 05-16848

________________________

D. C. Docket No. 03-02733 CV-B-S,

LAURA CAIN,

Plaintiff-Appellant,

versus

THE BOARD OF TRUSTEES OF THE 

UNIVERSITY OF ALABAMA, VAXIN,

Defendants-Appellees.

________________________

Appeal from the United States District Court

for the Northern District of Alabama

_________________________

(December 7, 2006)

Before ANDERSON and BARKETT, Circuit Judges, and GOLDBERG,* Judge.

_______________

*Honorable Richard W. Goldberg, Judge, United States Court of International Trade, sitting by

designation.
Any claim with respect to Dr. Reddy is time-barred. 1

In light of our disposition, we need not address plaintiff’s argument about the joint 2

employer theory. Appellee Vaxin’s motion for double costs and attorney fees on appeal is

Denied.

2

PER CURIAM:

After oral argument and careful consideration, we conclude that the district

court is due to be affirmed. For the reasons discussed at oral argument, the alleged

hostile environment did not rise to the necessary level of severity or pervasiveness,1

and even if it did, plaintiff cannot surmount the Faragher v. City of Boca Raton,

118 S.Ct. 2275 (1998), defense. With respect to the promotion of Dr. Siegel,

plaintiff was not qualified. Moreover, no reasonable jury could find pretext in light

of the legitimate business reason. With respect to plaintiff’s retaliation claim, no

reasonable jury could find retaliation in light of the fact that plaintiff was not

qualified for the position to which Dr. Siegel was promoted. We note that

appellant’s initial brief fails to preserve any challenge to any later denial of a

promotion, either as a substantive challenge or as an alleged action taken in

retaliation for protected conduct. 

Accordingly, the judgment of the district court is

AFFIRMED.2
I

106TH CONGRESS

1ST SESSION H. R. 2327

To provide that pay for Members of Congress may not be increased by

any adjustment scheduled to take effect in a year immediately following

a fiscal year in which a deficit in the budget of the United States

Government exists.

IN THE HOUSE OF REPRESENTATIVES

JUNE 23, 1999

Mr. STEARNS introduced the following bill; which was referred to the Committee on Government Reform, and in addition to the Committee on

House Administration, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To provide that pay for Members of Congress may not be

increased by any adjustment scheduled to take effect

in a year immediately following a fiscal year in which

a deficit in the budget of the United States Government

exists.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Deficit Accountability

5 Act of 1999’’.
2

•HR 2327 IH

1 SEC. 2. EFFECT OF A BUDGET DEFICIT.

2 Section 601(a) of the Legislative Reorganization Act

3 of 1946 (2 U.S.C. 31) is amended—

4 (1) in paragraph (2)(A) by striking ‘‘Subject to

5 subparagraph (B),’’ and inserting ‘‘Subject to sub6 paragraph (B) and paragraph (3),’’; and

7 (2) by adding at the end the following:

8 ‘‘(3)(A) An adjustment under paragraph (2) which

9 is scheduled to take effect in a calendar year shall not

10 be made if the budget of the United States Government

11 was in deficit for the last fiscal year ending before the

12 start of such calendar year, as determined under subpara13 graph (B).

14 ‘‘(B) Not later than 2 months after the end of each

15 fiscal year, the Director of the Office of Management and

16 Budget shall—

17 ‘‘(i) determine whether the budget of the

18 United States Government was in deficit for such

19 fiscal year; and

20 ‘‘(ii) submit a written report to the Congress as

21 to its findings under this subparagraph.

22 A failure to make a timely determination under the pre23 ceding sentence shall be treated as a determination under

24 this subparagraph that the budget of the United States

25 Government was in deficit for the fiscal year involved.’’.

Æ
Esterlin APPOLON, Petitioner, v. ARIZONA.

No. 19-5297.

Supreme Court of the United States.

Oct. 7, 2019.

Petition for writ of certiorari to the Supreme Court of Arizona denied.
EXHIBIT 32.2

STATEMENT OF PRINCIPAL FINANCIAL OFFICER OF

INTERNATIONAL TEXTILE GROUP, INC.

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 10-K/A of International Textile Group, Inc. (the
Company) for the period ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Gary L. Smith, Executive Vice President and Chief Financial Officer of the Company,
do hereby 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/ Gary L. Smith                                   
|Gary L. Smith                                       
|Executive Vice President and Chief Financial Officer

The foregoing statement is being furnished to accompany International Textile Group, Inc.s
Annual Report on Form 10-K/A for the year ended December 31, 2007 (the Report) solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed as part of the Report or as a separate disclosure
document and shall not be deemed incorporated by reference into any other filing of International Textile Group, Inc. that incorporates the Report by reference. A signed original of this written statement required by Section 906 has been
provided to International Textile Group, Inc. and will be retained by International Textile Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
I, Jeffrey I. Friedman, certify that:

1.	I have reviewed this Quarterly Report on Form 10-Q for the period ended September 30,
2003 of Associated Estates Realty Corporation;

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 the registrant as of, and for, the periods presented in this
report;

4.	The registrant's other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange 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, including its 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 the effectiveness 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 most recent 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(s) and I have disclosed, 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 in the 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 other
employees who have a significant role in the registrant's internal control over
financial reporting.

Date: November 10, 2003		/s/ Jeffrey I. Friedman

Jeffrey I. Friedman, Chief Executive Officer

G:\2003q\3q03\jif302ce.wpd
John Garrett SMITH, Petitioner, v. Ronald HAYNES.

No. 19-6577.

Supreme Court of the United States.

March 30, 2020

Petition for rehearing denied.
```
 
 
MSCI EAFE MINI INDEX - NYSE LIFFE                                    Code-244041
FUTURES ONLY POSITIONS AS OF 01/29/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:       89,369
COMMITMENTS
   6,893    6,828        0   77,601   79,940   84,494   86,768    4,875    2,601

CHANGES FROM 01/22/13 (CHANGE IN OPEN INTEREST:      4,436)
      64      800      -64    4,810    3,698    4,810    4,434     -374        2

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
     7.7      7.6      0.0     86.8     89.4     94.5     97.1      5.5      2.9

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       77)
       9        9        0       37       35       46       44
 
 
MSCI EMERGING MKTS MINI INDEX - NYSE LIFFE                           Code-244042
FUTURES ONLY POSITIONS AS OF 01/29/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:      170,875
COMMITMENTS
  40,745   19,912    1,346  113,189  145,971  155,280  167,229   15,595    3,646

CHANGES FROM 01/22/13 (CHANGE IN OPEN INTEREST:      2,087)
   1,455     -935      -73      884    3,311    2,266    2,303     -179     -216

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    23.8     11.7      0.8     66.2     85.4     90.9     97.9      9.1      2.1

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      133)
      38       13        4       64       37      105       51
```

----

Updated February 1, 2013
Sandchase CODY, Petitioner, v. UNITED STATES.

No. 19-7677.

Supreme Court of the United States.

March 23, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
Charles Kenneth WALLACE, Sr., petitioner, v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS.

No. 18-8595.

Supreme Court of the United States

July 15, 2019.

Petition for rehearing denied.
EXHIBIT 23
 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
  
    
    Registration Statement (Form S-8 No. 333-87863) pertaining to the Brightpoint, Inc. 1994 Stock Option Plan, as amended, the 1996 Brightpoint, Inc. Stock
Option Plan, as amended, the Brightpoint, Inc. Non-employee Director Stock Option Plan and the Brightpoint, Inc. Employee Stock Purchase Plan,
    
    Registration Statement (Form S-8 No. 333-108496) pertaining to the Brightpoint, Inc.
Amended and Restated Independent Director Stock Compensation Plan
    
    Registration Statement (Form S-8 No. 333-118769) pertaining to the Brightpoint, Inc. 2004
Long-Term Incentive Plan, and
    
    Registration statement (Form S-8 No. 333-160388) pertaining to an additional 9,173,953
shares under the 2004 Long-Term Incentive Plan, as amended
Ismael ALFARO-ALFARO, Petitioner, v. William P. BARR, Attorney General

No. 19-92

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.