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UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-1494

JEFFREY DALE GREGORY, 

 Debtor – Appellant, 

 v. 

U.S. BANKRUPTCY ADMINISTRATOR; UNITED STATES OF AMERICA 

(U.S. POSTAL SERVICE), 

 Parties-in-Interest, 

SONYA MCABEE GREGORY, 

 Debtor, 

 and 

WAYNE SIGMON, 

 Trustee – Appellee. 

Appeal from the United States District Court for the Western 

District of North Carolina, at Asheville. Lacy H. Thornburg, 

District Judge. (1:08-cv-00011-LHT) 

Submitted: October 21, 2008 Decided: October 23, 2008

Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 
Jeffrey Dale Gregory, Appellant Pro Se. P. Wayne Sigmon, GRAY, 

LAYTON, KERSH, SOLOMON, SIGMON, FURR & SMITH, PA, Gastonia, 

North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. 

2 
PER CURIAM: 

After the district court remanded this case to the 

bankruptcy court for approval of a settlement and denied Jeffrey 

Dale Gregory’s motion for reconsideration, the bankruptcy court 

entered an order approving the settlement. Gregory noted his 

appeal to this court. To the extent that Gregory seeks to 

appeal the district court’s order remanding the case and denying 

his motion for reconsideration, we lack jurisdiction over the 

appeal. This court may exercise jurisdiction only over final 

orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and 

collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 

54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 

(1949). The order Gregory seeks to appeal is neither a final 

order nor an appealable interlocutory or collateral order. 

To the extent that Gregory seeks to appeal from the 

bankruptcy court’s order approving the settlement, this court 

also lacks jurisdiction. We have direct appellate jurisdiction 

in a bankruptcy case if the bankruptcy court or the district 

court certifies that: (1) an order entered in the case involves 

a question of law as to which there is no controlling decision 

of the court of appeals for the circuit or of the Supreme Court, 

or if it involves a matter of public importance; (2) the order 

involves a question of law that requires resolution of 

conflicting decisions; or (3) an immediate appeal from the order 

3 
4 

may materially advance the progress of the case or proceeding. 

See 28 U.S.C.A. § 158(d)(2)(A) (West 2006 & Supp. 2008). No 

such certification was made here, and we decline to exercise 

direct appellate jurisdiction. 

 Accordingly, we dismiss the appeal for lack of 

jurisdiction. We dispense with oral argument because the facts 

and legal contentions are adequately presented in the materials 

before the court and argument would not aid the decisional 

process. 

DISMISSED
Shawn T. JOHNSON, Plaintiff, v. Kelsey Irene HAYNES; Johnson Haynes Real Estate, Inc.; Stay Asheville; Private Dinner Chef; Burton Haynes, Inc.; Tifton Haynes individually and as Trustee or the successor in trust under the White Orchid Trust dated December 17, 2014, and any amendments thereto; The White Orchid Trust, Defendants.

No. COA17-890

Court of Appeals of North Carolina.

Filed: March 6, 2018

DISMISSED.
STATE v. Jesse James LENOIR

194P18-1

Supreme Court of North Carolina.

June 25, 2018

W. Michael Spivey, Attorney at Law, for Lenoir, Jesse James.

Kimberly Grande, Special Counsel, for State of North Carolina.

Daniel P. O'Brien, Special Deputy Attorney General, for State.

Derrick Mertz, Assistant Attorney General, for State of North Carolina.

Ted Bell, District Attorney, for State.

*463The following order has been entered on the motion filed on the 25th of June 2018 by State of NC for Temporary Stay:

"Motion Allowed by order of the Court in conference, this the 25th of June 2018."
TD BANK, N.A. v. EAGLES CREST AT SHARP TOP, LLC, et al.

350PA16-1

Supreme Court of North Carolina.

July 6, 2017

David R. Payne, Attorney at Law, Asheville, Brian W. Sharpe, Attorney at Law, for Eagles Crest At Sharp Top, LLC, et al.

Norman J. Leonard, Attorney at Law, Lance P. Martin, Attorney at Law, Asheville, for TD Bank, N.A.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 5th of July 2017 by Plaintiff:

"Motion Allowed by order of the Court in conference, this the 6th of July 2017."

Plaintiff shall have up to and including the 19th day of July 2017 to file and serve his/her brief with this Court.
#### STATE of Louisiana v. Derrick RICK.

No. 2003-KK-1384.

Supreme Court of Louisiana.

Sept. 19, 2003.

In re Rick, Derrick; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. H, No. 98,377; to the Court of Appeal, First Circuit, No. 2003 KW 0434.

Denied.
STATE v. Lonnie Bernard DAVIS

382P17-1

Supreme Court of North Carolina.

March 1, 2018

Lonnie Bernard Davis, Lufkin, TX, for Davis, Lonnie Bernard.

Daniel P. O'Brien, Special Deputy Attorney General, R. Andrew Murray, District Attorney, for State of N.C.

The following order has been entered on the motion filed on the 12th of December 2017 by Defendant for Notice of Appeal of Court of Appeals Order dated 20 November 2017:

"Motion Dismissed by order of the Court in conference, this the 1st of March 2018."
SCWC-13-0000428 IN THE SUPREME COURT OF THE STATE OF HAWAI # I

In the Matter of the THOMAS H. GENTRY REVOCABLE TRUST

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-13-0000428; TRUST NO. 02-1-0030) ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI (By: Reck tenwald, C.J., Nak ayama, Mc Kenna, Po llack, an d Wilson, JJ.)

Petitioner-Appellant Kiana E. Gentry’s application for writ of certiorari filed on January 2, 2015, is hereby accepted and will be scheduled for oral argument. The parties will be notified by the appellate clerk regarding scheduling

.

DATED: Honolulu, Hawai # i, February 18, 2015. Margery S. Bronster and Jae B. Park for petitioner Carroll S. Taylor for respondents /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson Electronically Filed Supreme Court SCWC-13-0000428 18-FEB-2015 04:02 PM
Clifford Leon LEE, II, Plaintiff, v. COUNTY OF CUMBERLAND, a political Subdivision of the State of North Carolina, Angela Campbell, Deputy Woody Pait, Deputy XI, Deputy XII, Sheriff Earl Butler, in his capacity of holding the Office of Sheriff of Cumberland County, North Carolina, S. McLaurin, in her capacity as Chief Magistrate of Cumberland County, et al., Defendants.

No. COA17-446

Court of Appeals of North Carolina.

Filed: February 6, 2018

AFFIRMED.
Exhibit 99.1

CEO AND CFO CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.§ 1350, as adopted), Pehong Chen, Chief Executive Officer and Acting Chief
Financial Officer of Broadvision, Inc. (the "Company"), hereby certifies that, to the best of his knowledge:

In Witness Whereof,the undersigned has set his hand hereto as of the 31st day of March, 2003.

|/s/PEHONG CHENPehong Chen Chief Executive
Officer
Acting Chief Financial Officer |  | 
|-------------------------------------------------------------------------------- |  | 

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

This
certification "accompanies" the Form 10-K to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of
the Company under the Securities Exchange Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-K), irrespective of
any general incorporation language contained in such filing.

---

QuickLinks
EXHIBIT 32.2





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 Atlas America Series 25-2004 (A) L.P. (the "Partnership") on Form 10-Q for the period ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Matthew A. Jones, Chief Financial Officer of the Partnership, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(1)
the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and


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





By:
/s/ Matthew A. JonesName:
Matthew A. JonesTitle:
Chief Financial Officer of the Managing General PartnerDate:
August 13, 2009
EX-10.7.1



 Exhibit 10.7.1 
 AMENDMENT NO. 1 
 TO 

EMPLOYMENT AGREEMENT 
 This Amendment No. 1 (this “Amendment”), dated as of November 15, 2012, is made by and between Sprouts Farmers Markets, LLC, a Delaware limited liability company (the
“Company”), and Brandon Lombardi (the “Executive”). 
 WHEREAS, the Company and
Executive are parties to an employment agreement (the “Employment Agreement”) dated as of January 23, 2012 (the “Effective Date”); and 
 WHEREAS, the parties desire to amend the Employment Agreement as provided below. 
 NOW, THEREFORE, in consideration of the promises and mutual agreements herein contained, the parties hereby agree as follows, in each case effective as of the Effective Date: 

1. Amendment to Section 2. The second sentence of Section 2 shall hereby be amended to read in its entirety as follows:

 “On the first annual anniversary of the Effective Date, the Term shall be extended for one additional year, unless
during the prior 30 days, the Company or the Executive notifies the other in writing not to have the Term so extended.” 

2. Ratification. All other provisions of the Employment Agreement remain unchanged and are hereby ratified by the Company and
Executive. 
 IN WITNESS WHEREOF, the parties have executed this Amendment on the date set forth above. 

 

			
	Sprouts Farmer Markets, LLC 
		
	By:  	 	 /s/ Doug Sanders

		 	Name: Doug Sanders
		 	Title:   President and CEO
	
	Executive
		
	By:	 	 /s/ Brandon Lombardi

		 	Brandon Lombardi
# Official Journal C 34/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.034.eng |
| --- | --- |
| Official Journal
  of the European Union | C 34 |
| | |
| English edition | Information and Notices | Volume 566 February 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.034.eng

Official Journal

of the European Union

C 34

English edition

Information and Notices

Volume 566 February 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 034/01 | Non-opposition to a notified concentration (Case COMP/M.6797 — PVH/The Warnaco Group) (1) | 1 |
| 2013/C 034/02 | Non-opposition to a notified concentration (Case COMP/M.6784 — SFR/Librairie Fernand Nathan) (1) | 1 |
| 2013/C 034/03 | Non-opposition to a notified concentration (Case COMP/M.6804 — Mitsubishi Corporation/Mitsubishi Electric Corporation/Melco Elevator Vietnam) (1) | 2 |
| 2013/C 034/04 | Non-opposition to a notified concentration (Case COMP/M.6681 — Strategic Value Partners/Kloeckner Holdings) (1) | 2 |
| 2013/C 034/05 | Non-opposition to a notified concentration (Case COMP/M.6737 — Ruukki/CapMan/Fortaco) (1) | 3 |
| 2013/C 034/06 | Non-opposition to a notified concentration (Case COMP/M.6748 — Magna/Ixetic) (1) | 3 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 034/01

Non-opposition to a notified concentration (Case COMP/M.6797 — PVH/The Warnaco Group) (1)

1

2013/C 034/02

Non-opposition to a notified concentration (Case COMP/M.6784 — SFR/Librairie Fernand Nathan) (1)

1

2013/C 034/03

Non-opposition to a notified concentration (Case COMP/M.6804 — Mitsubishi Corporation/Mitsubishi Electric Corporation/Melco Elevator Vietnam) (1)

2

2013/C 034/04

Non-opposition to a notified concentration (Case COMP/M.6681 — Strategic Value Partners/Kloeckner Holdings) (1)

2

2013/C 034/05

Non-opposition to a notified concentration (Case COMP/M.6737 — Ruukki/CapMan/Fortaco) (1)

3

2013/C 034/06

Non-opposition to a notified concentration (Case COMP/M.6748 — Magna/Ixetic) (1)

3

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 034/07 | Euro exchange rates | 4 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 034/07

Euro exchange rates

4

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
I 

113TH CONGRESS 

2D SESSION H. R. 4543 

To amend title XI of the Social Security Act to apply CMMI waiver authority 

to PACE programs in order to foster innovations in such programs, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2014 

Mr. SMITH of New Jersey (for himself, Mr. MCGOVERN, Mr. LOWENTHAL, 

Mr. HONDA, and Ms. SPEIER) introduced the following bill; which was 

referred to the Committee on Ways and Means, and in addition to the 

Committee on Energy and Commerce, 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 amend title XI of the Social Security Act to apply CMMI 

waiver authority to PACE programs in order to foster 

innovations in such programs, and for other purposes. 

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 ‘‘PACE Pilot Act of 

5 2014’’. 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 4543 IH

1 SEC. 2. APPLYING CMMI WAIVER AUTHORITY TO FOSTER 

2 INNOVATIONS IN PACE PROGRAMS. 

3 (a) IN GENERAL.—Section 1115A(d)(1) of the Social 

4 Security Act (42 U.S.C. 1315a(d)(1)) is amended— 

5 (1) by inserting ‘‘(other than subsections 

6 (b)(1)(A) and (c)(5) of section 1894)’’ after 

7 ‘‘XVIII’’; and 

8 (2) by striking ‘‘and 1903(m)(2)(A)(iii)’’ and 

9 inserting ‘‘1903(m)(2)(A)(iii), and 1934 (other than 

10 subsections (b)(1)(A) and (c)(5) of such section)’’. 

11 (b) SENSE OF THE HOUSE OF REPRESENTATIVES.— 

12 It is the sense of the House of Representatives that the 

13 Secretary of Health and Human Services should use the 

14 waiver authority provided under the amendments made by 

15 this section to provide, in a budget neutral manner, pro16 grams of all-inclusive care for the elderly (PACE pro17 grams) with increased operational flexibility to support the 

18 ability of such programs to improve and innovate and to 

19 reduce technical and administrative barriers that have hin20 dered enrollment in such programs. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS
**Exhibit 31.2**

 

**PRINCIPAL FINANCIAL OFFICER’S CERTIFICATION PURSUANT TO  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Eric Smit, certify that:

 

1.              I have reviewed this Amendment No. 1 to Annual Report on Form 10-K/A of eGain Corporation; and

 

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.

 
|   | By:    | /s/ ERIC N. SMIT                 |
|--------|--------|----------------------------------|
|   |   | Eric N. Smit                     |
|   |   | Chief Financial Officer          |
|   |   |                             |
|   |   | Date: January 12, 2018 |

 

----
Exhibit 31.1

Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

I, Chris A. Davis, certify that:

1.     I
have reviewed this annual report on Form 10-K/A of McLeodUSA Incorporated;

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 annual 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 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:



5.     The
registrant's other certifying officer 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 registrant's board of directors (or persons performing the equivalent functions):



|Date: April 30, 2004 | /s/CHRIS A. DAVISChris A. Davis
Chief Executive Officer
|-------------------- | -------------------------------------------------------

---



QuickLinks
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, 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.

 May 23, 2014

s0520

Order 

Clerk

May 23, 2014

148627

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellant,

v SC: 148627

COA: 309183

Muskegon CC: 10-059331-FH

JOSEPH FRANK HERSHEY,

Defendant-Appellee.

_________________________________________/

On order of the Court, the application for leave to appeal the December 5, 2013 

judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral 

argument on whether to grant the application or take other action. MCR 7.302(H)(1). 

We further ORDER the Muskegon Circuit Court, in accordance with Administrative 

Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint 

counsel to represent the defendant in this Court. At oral argument, the parties shall 

address whether the defendant waived his challenges to the scoring of Offense Variable

(OV) 16, MCL 777.46, and OV 19, MCL 777.49, when the defendant and his counsel 

informed the trial court they reviewed and discussed the Presentence Investigation Report 

and had no additions, deletions or corrections to offer. The parties shall file supplemental 

briefs within 42 days following the appointment of counsel, but they should not submit 

mere restatements of their application papers.
#### STATE ex rel. Michael PERKINS v. STATE of Louisiana.

No. 2002-KH-2366.

Supreme Court of Louisiana.

Sept. 19, 2003.

In re Perkins, Michael; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Allen, 33th Judicial District Court Div. 0, No. CR2000-2950; to the Court of Appeal, Third Circuit, No. KH 02-00207.

Denied.
#### Tony SELLERS, Appellant, v. STATE of Florida, Appellee.

No. 5D03-1986.

District Court of Appeal of Florida, Fifth District.

Aug. 1, 2003.

Tony Sellers, Polk City, pro se.

No Appearance for Appellee.

SHARP, W., J.

Sellers appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), seeking post-conviction relief. He was sentenced to 50.88 months in prison, which included a three-year minimum mandatory term for the offense of trafficking in 28 grams or more of cocaine.1 He argues that the minimum mandatory term is illegal because it was imposed pursuant to Chapter 99-188, which was found to be unconstitutional because it violates the single-subject rule.2

This court has held that the constitutional violation in Chapter 99-188 has been retroactively cured. *See Jackson v. State,*847 So.2d 1038 (Fla. 5th DCA 2003). However, as we did in that case, we certify a conflict with *Green v. State,*839 So.2d 748 (Fla. 2d DCA 2003).

AFFIRMED.

SAWAYA, C.J., and THOMPSON, J., concur.

1

. § 893.135(l)(b)l.a., Fla. Stat. (2000).

2

. *Taylor v. State,*818 So.2d 544 (Fla. 2d DCA), *rev. dismissed,*821 So.2d 302 (Fla. 2002), *superseded by statute, Herndon v. State,*842 So.2d 1026 (Fla. 2d DCA 2003).
GASKINS v. DAIL

398P15-3

Supreme Court of North Carolina.

November 17, 2017

Kathleen N. Bolton, Assistant Attorney General, for State of North Carolina.

Samuel L. Gaskins, for Gaskins, Samuel Lee

The following order has been entered on the motion filed on the 16th of November 2017 by Petitioner to Reconsider Order Denying Petition for Writ of Habeas Corpus:

"Motion Dismissed by order of the Court in conference, this the 17th of November 2017."
Exhibit 4.8


 Exhibit 4.8 
 THIRD AMENDMENT 
 TO 

POSTROCK ENERGY CORPORATION 
 2010 LONG-TERM INCENTIVE PLAN 
 WHEREAS, PostRock Energy Corporation, a
Delaware corporation (the “Company”), has established and maintains the PostRock Energy Corporation 2010 Long-Term Incentive Plan (the “Plan”); and 
 WHEREAS, pursuant to Article 15 of the Plan, the Company has the right to amend the Plan at any time by action of the Board, subject to prior approval by the Company’s stockholders to the extent such
approval is determined to be required by applicable legal and/or stock exchange requirements; and 
 WHEREAS, the Company
desires to amend the Plan to increase the number of shares of common stock of the Company (“Common Stock”) available for issuance under the Plan and such increase has been approved by the stockholders of the Company at the Annual Meeting
of Stockholders on May 7, 2013; 
 NOW, THEREFORE, in consideration of the foregoing, the number of shares of Common Stock
available for issuance under the Plan is hereby increased by 5,000,000 shares, and accordingly the first sentence of Section 4.1(a) of the Plan is hereby amended to read as follows: 

“Subject to adjustment as provided in Section 15.2, the number of Shares hereby reserved for delivery under the Plan is
10,850,000 Shares.” 
 IN WITNESS WHEREOF, PostRock Energy Corporation has caused this Third Amendment to be executed by
its duly authorized officer as of this 7th day of May, 2013. 
  

			
	POSTROCK ENERGY CORPORATION
		
	By:	 	 /s/ Stephen L. DeGiusti

		 	Stephen L. DeGiusti
		 	Executive Vice President, General Counsel and Secretary



  
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