alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 70, Number 185 (Monday, September 26, 2005)]
[Notices]
[Page 56188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19091]



[[Page 56188]]

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

DEPARTMENT OF THE INTERIOR

Minerals Management Service


Notice of the Effect of Hurricane Katrina on the Minerals 
Management Service Internet Public Commenting System, Alternate Methods 
of Providing Comments

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of alternate methods of commenting in the aftermath of 
Hurricane Katrina.

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

SUMMARY: This notice informs the public that Hurricane Katrina 
disrupted the Minerals Management Service's Internet-based public 
commenting system, which is hosted on computers in New Orleans, 
Louisiana. It advises the public of alternate methods they may use to 
comment on documents.

FOR FURTHER INFORMATION CONTACT: Bill Hauser (703-787-1613) or Kumkum 
Ray (703-787-1604).

SUPPLEMENTARY INFORMATION:

Background

    Hurricane Katrina caused extensive and severe damage in the area of 
New Orleans, Louisiana. In the aftermath of the hurricane, damage to 
levees in New Orleans, Louisiana allowed water to flood the city and 
cause further damage.
    Public Connect, the Internet-based public commenting system for the 
Minerals Management Service, is hosted on computers in the agency's 
offices located in New Orleans, Louisiana. The storm and aftermath 
disrupted this system. MMS employees are assessing the damage, but it 
is not known yet how long it will take to restore this system.
    MMS currently has an open comment period for the following document 
published in the Federal Register.
    On August 24, 2005, we published in the Federal Register a Request 
for Comments on the Preparation of a New 5-Year Outer Continental Shelf 
(OCS) Oil and Gas Leasing Program for 2007-2012; and on the Intent to 
Prepare an Environmental Impact Statement (EIS) for the Proposed 5-Year 
Program (70 FR 49669). This notice provided that the public could 
submit comments by mail or through the Internet. Because Public Connect 
is not available in the aftermath of Hurricane Katrina, all comments 
must be mailed to: Renee Orr, 5-Year Program Manager, Minerals 
Management Service (MS-4010), Room 3120, 381 Elden Street, Herndon, 
Virginia 20170.
    MMS was able to receive comments that were submitted to Public 
Connect before Hurricane Katrina hit New Orleans, Louisiana on Monday, 
August 29. If you submitted a comment through Public Connect on or 
after Friday, August 26, you should re-submit the comment by mail to 
the address above to assure that we receive the comment.

    Dated: September 14, 2005.
R.M. ``Johnnie'' Burton,
Director, Minerals Management Service.
[FR Doc. 05-19091 Filed 9-23-05; 8:45 am]
BILLING CODE 4310-MR-P
STATE of North Carolina v. James Preston DAVIS.

No. 393P15.

Supreme Court of North Carolina.

March 17, 2016.

Ben G. Irons, II, Greenville, for Davis, James Preston.

Neil C. Dalton, Special Deputy Attorney General, for State of North Carolina.

N. Lorrin Freeman, District Attorney, for State of North Carolina.

*ORDER*

Upon consideration of the petition filed on the 24th of November 2015 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> "Denied by order of the Court in conference, this the 17th of March 2016."
**Exhibit 10.6**

**AMENDMENT TO EMPLOYMENT AGREEMENT**

This **AMENDMENT TO EMPLOYMENT AGREEMENT** (“Amendment”) is entered into this 21st day ofFebruary 2007, by and between **PLACER SIERRA BANK** (“Bank”) and **MARSHALL V. LAITSCH** (“Employee”). 

**WHEREAS,** Employee and Bank entered into an Employment Agreement, dated January 24, 2005 (the “Agreement”); and 

**WHEREAS**, Section 5 of the Agreement sets forth Bank’s potential obligations upon the termination of Employee’s employment with Bank; and 

**WHEREAS**, Employee and Bank have agreed to amend the Agreement as set forth in this Amendment in order to provide for payments to be made in compliance with Section 409A of the Internal Revenue Code of1986, as amended (the “Code”) and guidance thereunder, which section was added to the Code by the American Jobs Creation Act of 2004; and 

**WHEREAS**, Section 22 of the Agreement provides that the Agreement may be amended only by a writing signed by the parties. 

**NOW THEREFORE,**Employee and Bank agree as follows: 

1. A new Subsection (i) entitled “Timing of Payment” isadded to Section 5 of the Agreement, to read as set forth below: 

(i) **Timing of Payment**. Notwithstanding anything to thecontrary in this Agreement, if any amount payable hereunder is considered to be compensation deferred under a “nonqualified deferred compensation plan” as defined for purposes of Section 409A of the Internal Revenue Code of 1986, asamended (“Section 409A”), and if Employee is deemed to be a “specified employee” as defined for purposes of Section 409A, then, to the extent necessary to comply with Section 409A, amounts due under this Agreement inconnection with a termination of Employee’s employment that would otherwise have been payable at any time during the six-month period immediately following such termination of employment shall not be paid prior to, and shall instead be payablein a lump sum as soon as practicable following, the expiration of such six-month period. In light of the uncertainty surrounding the application of Section 409A, Bank makes no guarantee as to the income tax treatment under Section 409A ofany payments made or benefits provided under this Agreement. 

 

1 

2. All other terms and conditions of the Agreement shall remain in full force and effect. 

 
**PLACER SIERRA BANK**
By: /s/ Frank J.Mercardante                                        
  /s/ Marshall V.Laitsch                                        
      Frank J. Mercardante

      Chairman and Chief Executive Officer
  **MARSHALL V. LAITSCH**
 

2
<TABLE>
SMC CORPORATION EXHIBIT 11
STATEMENT OF CALCULATION OF AVERAGE
COMMON SHARES OUTSTANDING
<CAPTION>
                                                                      Three Months
                                                                          Ended
                                                                      April 3, 1999
                                                                      -------------
<S>                                                                       <C>      
Basic Earnings Per Share:
         Weighted average number of shares                                5,890,208

Diluted Earnings Per Share:

         Weighted average number of shares                                5,890,208

         Stock option plan shares to be issued at prices
         ranging from $6.00 to $9.00 per share                              928,500

         Warrant issues at a price of $9.30 per share                       125,000
                                                                      -------------

         Less: Assumed purchase of shares by the Company
         at the average market price during the period
         using the proceeds received upon the assumed
         exercise of the outstanding options and warrants                (1,053,500)
                                                                      -------------

                           Total Diluted Shares                           5,890,208
                                                                      =============
</TABLE>
David McAdams, Plaintiff, v. North Carolina Department of Commerce, Division of Employment Security, and Dale Folwell, in his Official Capacity as Assistant Secretary, Division of Employment Security, and Dale Folwell, in his Individual Capacity, and Secretary of Commerce, in their [sic] Official Capacity, and Maurice Antwon Keith, in his Official Capacity as Unemployment Insurance Benefits Administrator, Division of Employment Security, and Maurice Antwon Keith, in his Individual Capacity, Defendants.

No. COA16-196

Court of Appeals of North Carolina.

Filed: December 6, 2016

AFFIRMED.
On June 22, 2010, Murphy was sentenced to 360 months in prison and filed a pro se 1

notice of appeal.

1

HLD-146 (June 2010) NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 10-2695

___________

IN RE: JAMES MURPHY, Petitioner

____________________________________

On a Petition for Writ of Mandamus from the

United States District Court for the Middle District of Pennsylvania

(Related to Civ. No. 10-cv-01107)

____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P.

June 30, 2010

Before: MCKEE, Chief Judge, SCIRICA and WEIS, Circuit Judges

 

Filed: July 26, 2010

_________

OPINION

_________

PER CURIAM.

James Murphy petitions for a writ of mandamus directing the District Court

to release him. For the reasons below, we will deny the petition.

In July 2009, Murphy was convicted of drug trafficking charges. On May 1
2

24, 2010, Murphy filed a habeas petition pursuant to 28 U.S.C. § 2241. The District

Court dismissed the § 2241 petition by order entered May 27th, and Murphy filed a notice

of appeal which was docketed at No. 10-2696. On June 9th, Murphy filed his mandamus

petition in which he requested that we review the District Court’s dismissal of his § 2241

petition.

A writ of mandamus should be issued only in extraordinary circumstances. 

See Sporck v. Peil, 759 F.2d 312, 314 (3d Cir. 1985). Determining whether an

extraordinary circumstance exists requires a two-part inquiry. First, it must be established

that there is no alternative remedy or other adequate means of relief. Second, a petitioner

must demonstrate a clear and indisputable right to the relief sought. Kerr v. United States

District Court, 426 U.S. 394, 403 (1976). A writ is not a substitute for an appeal. In re

Kensington Intern. Ltd., 353 F.3d 211, 219 (3d Cir. 2003). Because Murphy can

challenge the denial of his § 2241 petition on appeal, he has other adequate means of

relief and is not entitled to a writ of mandamus. 

Accordingly, we will deny the petition. Murphy’s motion to stay his

criminal proceedings is denied.
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





I, Guang
Zhao, Chief Financial Officer and Principal Financial Officer of iDcentrix,
Inc., a Nevada corporation (the "Company"), certify, pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that:





(1) the
report on Form 10-Q of Company for the fiscal quarter ended June 30, 2010 (the
"Report") which this statement accompanies fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;
and





(2)
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.




Date:
August 23, 2010





/s/ Guang ZhaoName:  Guang
      ZhaoTitle:
      Chief Executive Officer and Chief Financial
  Officer
# C_2010063EN.01005102.xml

| 13.3.2010 | EN | Official Journal of the European Union | C 63/51 |
| --- | --- | --- | --- |

13.3.2010

EN

Official Journal of the European Union

C 63/51

---

Order of the General Court of 11 January 2010 — Reno Schuhcentrum v OHIM — Payless ShoeSource Worldwide (Payless Shoesource)

(Case T-173/07) (1)

1

2010/C 63/90

Language of the case: English

Language of the case: English

The President of the Second Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 170, 21.7.2007.

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. 02-10524 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus GABRIEL HUERTA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 5:95-CR-76-1-C

-------------------- November 7, 2002 Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: * On appeal from the denial of a “Motion Under Rule of Lenity,” filed by Gabriel Huerta, federal prisoner No. 38965-115, we remanded to the district court for a determination whether the belated filing of the notice of appeal was due to excusable neglect or good cause. United States v. Huerta , No. 05-10524 (5th Cir. June 4, 2002). The district court having found that the late filing should be excused, the Government now moves thisNo. 02-10524 -2- court to dismiss the appeal for lack of subject matter jurisdiction and, in the alternative, requests an extension of time to file its appellate brief. Huerta argues that the district court erred by failing to construe his motion as sounding under § 2255. He does not challenge the district court’s holding that the rule of lenity does not provide a jurisdictional basis for the district court to grant relief, and he does not suggest any other statutory basis for jurisdiction. See Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993); F ED . R. A PP . P. 28(a)(9)(A). Huerta’s motion is facially time-barred under § 2255 and he did not timely present any evidence to the district court relevant to a whether a motion for § 2255 relief might be deemed timely under 28 U.S.C. § 2255(4). Accordingly, the Government’s motion for an extension of time is denied as moot and the appeal is dismissed.
APPEAL DISMISSED; MOTION FOR EXTENSION OF TIME DENIED AS MOOT.
Exhibit 32.2



Certification of Chief Financial Officer

Pursuant to Section 906 of the

Sarbanes-Oxley Act of 2002



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section
1350), the undersigned officer of Placer Sierra Bancshares (the Company), hereby certifies that the Companys Quarterly Report on Form 10-Q for the quarter ended June 30, 2004 (the Report) fully complies with the
requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the
Company.



Dated: September 22, 2004



/s/    DAVID E.
HOOSTONName:

David E. HoostonTitle:

Chief Financial Officer




The foregoing
certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350) and is not being filed as part of the Report or as a separate disclosure document.
I 

113TH CONGRESS 

2D SESSION H. R. 3946 

To amend the Internal Revenue Code of 1986 to extend for one year the 

employer wage credit for employees who are active duty members of 

the uniformed services. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2014 

Mr. GRAYSON introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to extend 

for one year the employer wage credit for employees 

who are active duty members of the uniformed services. 

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

3 SECTION 1. EXTENSION OF EMPLOYER WAGE CREDIT FOR 

4 EMPLOYEES WHO ARE ACTIVE DUTY MEM5 BERS OF THE UNIFORMED SERVICES. 

6 (a) IN GENERAL.—Subsection (f) of section 45P of 

7 the Internal Revenue Code of 1986 is amended by striking 

8 ‘‘December 31, 2013’’ and inserting ‘‘December 31, 

9 2014’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

HR 3946 IH

1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply to payments made after December 

3 31, 2013. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   6-MOS                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999             DEC-31-1998
<PERIOD-START>                             JAN-01-1999             JAN-01-1998
<PERIOD-END>                               JUN-30-1999             JUN-30-1998
<CASH>                                           4,028                     259
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   78,641                  54,914
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                               103,655                  68,736
<PP&E>                                          54,756                  42,948
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                                 329,119                 252,168
<CURRENT-LIABILITIES>                           21,753                  14,686
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           480                     477
<OTHER-SE>                                     153,714                 209,244
<TOTAL-LIABILITY-AND-EQUITY>                   329,119                 252,168
<SALES>                                              0                       0
<TOTAL-REVENUES>                               104,449                  79,221
<CGS>                                                0                       0
<TOTAL-COSTS>                                        0                       0
<OTHER-EXPENSES>                                68,860                  53,919
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               (762)                    (36)
<INCOME-PRETAX>                                 34,827                  25,645
<INCOME-TAX>                                    13,147                   9,835
<INCOME-CONTINUING>                             21,680                  15,809
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                        (678)                       0
<NET-INCOME>                                    21,002                  15,809
<EPS-BASIC>                                        .44                     .33
<EPS-DILUTED>                                      .43                     .33


</TABLE>
# C_2008064EN.01006401.xml

| 8.3.2008 | EN | Official Journal of the European Union | C 64/64 |
| --- | --- | --- | --- |

8.3.2008

EN

Official Journal of the European Union

C 64/64

---

Order of the Civil Service Tribunal (Second Chamber) of 12 December 2007 — Kerelov v Commission

(Case F-109/07)

(Officials - Manifest inadmissibility - Article 44(1)(c) of the Rules of Procedure of the Court of First Instance)

(2008/C 64/104)

Language of the case: French

Parties

Applicant: Georgi Kerelov (Pazardzhik, Bulgaria) (represented by: A. Kerelov, lawyer)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Re:

Application for the annulment of EPSO's decision of 2 February 2007 not to transmit to the applicant information and documents relating to a competition and for compensation for the damage he has suffered.

Operative part of the order

| 1. | The application is dismissed as manifestly inadmissible. |
| --- | --- |

1.

The application is dismissed as manifestly inadmissible.

| 2. | Each party shall bear its own costs. |
| --- | --- |

2.

Each party shall bear its own costs.

---
<PAGE>

                                                                     EXHIBIT 4.1


                                   AGREEMENT

        Pursuant to Item 601(b)(4)(iii)(a) of Regulation S-K promulgated under
the Securities Exchange Act of 1934, PETRO STOPPING CENTERS, L.P. ("PSC") and
PETRO STOPPING CENTERS HOLDINGS, L.P. ("Holdings") hereby agree to furnish a
copy of each of the following documents to the Securities and Exchange
Commission (the "Commission") promptly upon the Commission's request:

        1.  Indenture dated as of May 24, 1994 between Petro PSC, L.P. as
            Guarantor and First Trust National Association, as Trustee;

        2.  Specimen of 12 1/2% Senior Notes due 2002;

        3.  Guarantee Agreement dated as of May 24, 1994 between Petro PSC, L.P.
            as Guarantor, and First Trust National Association, as Trustee;

        4.  Warrant Agreement dated as of May 24, 1994 among Petro Stopping
            Centers, L.P., Petro Financial Corporation and First Trust National
            Association; and

        5.  Specimen of Exchangeable Debt Warrant;

        PSC and Holdings hereby represent to the Commission that the total
amount owed by PSC pursuant to the 12 1/2% Senior Notes due 2002 does not exceed
10% of the total assets of PCS or Holdings and their subsidiaries on a
consolidated basis, in each case as of December 31, 1999 and as the date hereof.


DATED:  March 29, 2000


                              PETRO STOPPING CENTERS HOLDINGS, L.P.

                              By:     /s/ David A. Appleby
                                  ----------------------------------------
                              Name:       David A. Appleby
                                    --------------------------------------
                              Title:  Vice President Finance and Treasurer
                                    --------------------------------------



                              PETRO STOPPING CENTERS, L.P.

                              By:     /s/ David A. Appleby
                                  ----------------------------------------
                              Name:       David A. Appleby
                                    --------------------------------------
                              Title:  Vice President Finance and Treasurer
                                    --------------------------------------