alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

September 25, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-20114

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PRESENTACION VELA, III,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-02-CR-94-ALL

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

Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

The Federal Public Defender has moved for leave to withdraw

and has filed a brief as required by Anders v. California, 386

U.S. 738 (1967). Our independent review of the brief, Vela’s

response, and the record discloses no nonfrivolous issue. 

Accordingly, the motion for leave to withdraw is GRANTED, counsel

is excused from further responsibilities herein, and the appeal

is DISMISSED. See 5TH CIR. R. 42.2.
Exhibit 10.22

 

AMENDMENT TO DEBENTURE

 

This Amendment to Debenture (this “Amendment”), dated as of March 20, 2014, is made by and between U.S. Dry Cleaning Services Corporation, a Delaware corporation (the “Company”), and Setal 10 Trust (“Setal 10”).  Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Debenture (as defined below).

 

W I T N E S SE T H

 

WHEREAS, on September 9, 2013, Setal 10 purchased that certain 10% Senior Secured Convertible Debenture, due March 31, 2015, originally issued to Wattles Capital Management, LLC in the principal amount of $549,890 (WC-1) (the “Debenture”);

 

WHEREAS, Section 10(n) of the Debenture provides that the terms of all of the Debenture may be amended with the written consent of the Company and the holder of the Debenture; and

 

WHEREAS, the parties hereto desire to amend certain terms of the Debenture as set forth herein.

 

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:

 

1.                                      Maturity Date.  The “Maturity Date” as defined in the third paragraph of the Debenture is hereby amended and replaced with “July 31, 2015.”

 

2.                                      Remainder of Debenture Unchanged.  Except as amended herein, all other terms and conditions of the Debenture shall remain in effect and the parties hereto ratify and confirm the same.

 

3.                                      Execution in Counterparts. This Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute one instrument. Delivery by facsimile or other electronic means of an executed counterpart hereof shall have the same force and effect as delivery of an originally executed counterpart hereof.

 

[Remainder of Page Intentionally Left Blank; Signature Page to Follow]

 

1











 

IN WITNESS WHEREOF, the undersigned, by their duly authorized representatives, have executed this Amendment as of the date first above written.

 

	
 
    	
U.S. DRY CLEANING SERVICES CORPORATION
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
/S/   ALEX BOND
    
	
 
    	
Alex   Bond, Chief Executive Officer
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
SETAL   10 TRUST
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
/S/   LESTER E. TAYLOR, JR.
    
	
 
    	
Lester   E. Taylor, Jr., Trustee
    


 

2
Case 1:07-cv-03583-LBS-RLE Document 16 Filed 01/07/2008 Page 1 of 1
MEMORANDUM OPINION

No. 04-10-00253-CV

Matt HORNER, Melissa Staggs, and Silver Horsman, Inc.,

Appellants

v.

MMR JOINT VENTURES LTD., and CG Encino Commons, LLC, 

Antonia Citrino and Joseph Geiger,

Appellees

From the 49th Judicial District Court, Webb County, Texas

Trial Court No. 2008-CVF-001276-D1

Honorable Fred Shannon, Judge Presiding

PER CURIAM

Sitting: Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice

Delivered and Filed: October 27, 2010

DISMISSED

The parties have filed a joint motion, in accordance with Texas Rule of Appellate 

Procedure 42.1(a)(2), stating they have resolved the dispute at issue and requesting this court 

dismiss this appeal. The motion is granted and the appeal is hereby dismissed. TEX. R. APP. P.

42.1(a)(2). 

PER CURIAM
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

FRUTOSO VILLARREAL, JR,

Petitioner,

v. CASE NO. 4:10-cv-00302-MP-WCS

EDWIN G BUSS, WALTER MCNEIL,

Respondents.

_____________________________/

O R D E R

This matter is before the Court on Doc. 10, Report and Recommendation of the

Magistrate Judge, recommending that the § 2254 petition in this case be denied as untimely. The

plaintiff filed objections, Doc. 11, and the Court has made a de novo determination of those

portions of the Report and Recommendation to which objection was made. 28 U.S.C. §

636(b)(1)(C). 

Upon consideration, the Court agrees with the Magistrate Judge that petitioner should

have presented and exhausted his federal claims in state court in 1994 and should have then filed

a § 2254 petition within the one year limitations period. Instead he filed a premature § 2254

petition before exhausting his state court remedies and then spent years litigating and apparently

relitigating various claims in state court. Eventually, he allowed several years to pass after the

order denying his last motion in state court became final. Thus, his current petition is untimely 

Case 4:10-cv-00302-MP-WCS Document 12 Filed 10/21/11 Page 1 of 2
Page 2 of 2

and cannot relate back to his prior petition. Accordingly, it is hereby

ORDERED AND ADJUDGED:

The Report and Recommendation of the Magistrate Judge is accepted and incorporated

herein. The § 2254 petition in this case is dismissed as untimely, and the Clerk is

directed to close the file.

DONE AND ORDERED this 21st day of October, 2011

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge

Case No: 4:10-cv-00302-MP-WCS

Case 4:10-cv-00302-MP-WCS Document 12 Filed 10/21/11 Page 2 of 2
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

TONY LEE SMOAKS,

Petitioner,

v. CASE NO. 1:10-cv-00133-MP-AK

WALTER A MCNEIL,

Respondent.

_____________________________/

O R D E R

This matter is before the Court on Motion for Extension of Time to File Memorandum of

Law in Support of Motion under 28 U.S.C. § 2254 by Tony Lee Smoaks, Doc. 2. Mr. Truncale,

attorney for Mr. Smoaks, asks for a 45 day extension of time to file a memorandum of law in

support of Mr. Smoaks’ 28 U.S.C. § 2254 petition. Counsel presents his rather full schedule, and

recites that he could not effectively review and prepare a worthy memorandum of law without

the extension. The Court finds that the motion is made in good faith and not for the purpose of

delay, and that granting the extension will not prejudice the Defendant. Accordingly, it is

ORDERED AND ADJUDGED:

1. The Motion for Extension of Time, Doc. 2, is GRANTED. 

2. Plaintiff is given until August 20, 2010, to file a memorandum of law in support

of the instant habeas corpus petition. 

DONE AND ORDERED this 13th day of July, 2010

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge
Case 3:09-cv-00390-RV-MD Document 1 Filed 09/02/09 Page 1 of 28
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vie-ex1024_597.htm



 

Exhibit 10.24

Non-Employee Director Compensation Policy

 

The following non-employee director compensation shall apply to all non-employee directors of the Company.


	
 
	
•
	
Each non-employee director will receive an annual cash retainer in the amount of $40,000 per year.
	
 





	
 
	
•
	
The chairman of the board will receive an additional annual cash retainer in the amount of




$30,000 per year.


	
 
	
•
	
The chairperson of the audit committee will receive additional annual cash compensation in the amount of $20,000 per year for such chairperson's service on the audit committee. Each non- chairperson member of the audit committee will receive additional annual cash compensation in the amount of $10,000 per year for such member's service on the audit committee.
	
 





	
 
	
•
	
The chairperson of the compensation committee will receive additional annual cash compensation in the amount of $15,000 per year for such chairperson's service on the compensation committee. Each non-chairperson member of the compensation committee will receive additional annual cash compensation in the amount of $7,500 per year for such member's service on the compensation committee.
	
 





	
 
	
•
	
The chairperson of the nominating and corporate governance committee will receive additional annual cash compensation in the amount of $10,000 per year for such chairperson's service on the nominating and corporate governance committee. Each non-chairperson member of the nominating and corporate governance committee will receive additional annual cash compensation in the amount of $5,000 per year for such member's service on the nominating and corporate governance committee.
	
 





	
 
	
•
	
Each non-employee director will receive an initial option award to acquire shares of the Company’s Common Stock with a cash value equal to $390,000 upon a director’s initial appointment or election to the Board of Directors, which award will vest over a three-year period on each anniversary of the grant date, and an annual option award with a cash value equal to
	
 




$195,000 on the date of each annual stockholder’s meeting thereafter, which award will fully vesting on the first anniversary of the grant date. The number of shares to be covered by each option award will be determined as follows: The option value will be calculated using a Black- Scholes valuation model that is based on the closing price of the Company’s Common Stock on the day prior to the grant date. The resulting option value will be divided into the target value of the option award. If the result is not a whole number of shares, the number of shares will be rounded down to the nearest whole share.
Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

OLDCASTLE SOUTHERN GROUP,

INC.,

Plaintiff,

v. 3:10cv345-WS

BURNHAM PAVING, L.L.C., BURNHAM

PAVING & STRIPING, L.L.C.; JASON C.

BURNHAM; AND KENNETH E. BURNHAM,

Defendants.

 

ORDER ADOPTING THE MAGISTRATE JUDGE’S

REPORT AND RECOMMENDATION

Before the court is the magistrate judge's report and recommendation (doc. 96)

docketed July 12, 2012. The magistrate judge recommends that the clerk be directed to

enter judgment against the defendants, Burnham Paving, LLC, Burnham Paving &

Striping, LLC, and Kenneth E. Burnham, jointly and severally, in the total amount of

$142,958.61. The case has been stayed as to a fourth defendant, Jason C. Burnham,

pursuant to 11 U.S.C. § 362. No objections to the report and recommendation have

been filed.

The court has reviewed the record and has determined that the magistrate

judge's report and recommendation should be adopted. Accordingly, it is ORDERED:

1. The magistrate judge’s report and recommendation (doc. 96) is 

Case 3:10-cv-00345-WS-CJK Document 101 Filed 08/20/12 Page 1 of 2
Page 2 of 2

hereby ADOPTED and incorporated by reference in this order. 

2. The clerk shall enter judgment, by default, against the defendants, Burnham

Paving, LLC, Burnham Paving & Striping, LLC, and Kenneth E. Burnham, jointly and

severally, in the total amount of $142,958.61. 

DONE AND ORDERED this 20th day of August , 2012.

s/ William Stafford 

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE

Case 3:10-cv-00345-WS-CJK Document 101 Filed 08/20/12 Page 2 of 2
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Case 4:10-cr-00050-RH-WCS Document 1 Filed 07/07/10 Page 10 of 11
Case 4:10-cr-00050-RH-WCS Document 1 Filed 07/07/10 Page 11 of 11
Exhibit 31.1

CEO CERTIFICATION OF PERIODIC REPORT

I, Ronald J. Buschur, certify that:



| | 1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Powerwave Technologies, Inc.; 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |     |  |                                      
|-------------------- |  | --- |  | -------------------------------------
|Date: April 30, 2012 |  | By: |  | /s/ RONALD J. BUSCHUR                
|                     |  |     |  | Ronald J. Buschur                    
|                     |  |     |  | President and Chief Executive Officer
|                     |  |     |  | Powerwave Technologies, Inc.
Exhibit
32.1





CERTIFICATION
OF CEO 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 WindTamer Corporation (the “Company”) on
Form 10-Q for the quarter ended March 31, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I Gerald E. Brock, as
Chief Executive Officer and Chief Financial Officer of the Company, hereby
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 to the best of my knowledge,
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 result of operations of the
      Company.





/s/ Gerald E. BrockGerald
      E. BrockChief
      Executive Officer and Chief Financial OfficerMay
      15, 2009





This
Certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as
amended.
# C_2010062EN.01000101.xml

| 13.3.2010 | EN | Official Journal of the European Union | C 62/1 |
| --- | --- | --- | --- |

13.3.2010

EN

Official Journal of the European Union

C 62/1

---

Euro exchange rates (1)

1

12 March 2010

2010/C 62/01

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3765 |
| JPY | Japanese yen | 124,57 |
| DKK | Danish krone | 7,4412 |
| GBP | Pound sterling | 0,90830 |
| SEK | Swedish krona | 9,7288 |
| CHF | Swiss franc | 1,4597 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,0330 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,517 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 266,15 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7082 |
| PLN | Polish zloty | 3,9040 |
| RON | Romanian leu | 4,0915 |
| TRY | Turkish lira | 2,1018 |
| AUD | Australian dollar | 1,4991 |
| CAD | Canadian dollar | 1,4013 |
| HKD | Hong Kong dollar | 10,6787 |
| NZD | New Zealand dollar | 1,9578 |
| SGD | Singapore dollar | 1,9178 |
| KRW | South Korean won | 1 553,21 |
| ZAR | South African rand | 10,1648 |
| CNY | Chinese yuan renminbi | 9,3953 |
| HRK | Croatian kuna | 7,2580 |
| IDR | Indonesian rupiah | 12 568,35 |
| MYR | Malaysian ringgit | 4,5521 |
| PHP | Philippine peso | 62,856 |
| RUB | Russian rouble | 40,3055 |
| THB | Thai baht | 44,800 |
| BRL | Brazilian real | 2,4259 |
| MXN | Mexican peso | 17,2641 |
| INR | Indian rupee | 62,5500 |

Currency

Exchange rate

USD

US dollar

1,3765

JPY

Japanese yen

124,57

DKK

Danish krone

7,4412

GBP

Pound sterling

0,90830

SEK

Swedish krona

9,7288

CHF

Swiss franc

1,4597

ISK

Iceland króna

NOK

Norwegian krone

8,0330

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,517

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

266,15

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7082

PLN

Polish zloty

3,9040

RON

Romanian leu

4,0915

TRY

Turkish lira

2,1018

AUD

Australian dollar

1,4991

CAD

Canadian dollar

1,4013

HKD

Hong Kong dollar

10,6787

NZD

New Zealand dollar

1,9578

SGD

Singapore dollar

1,9178

KRW

South Korean won

1 553,21

ZAR

South African rand

10,1648

CNY

Chinese yuan renminbi

9,3953

HRK

Croatian kuna

7,2580

IDR

Indonesian rupiah

12 568,35

MYR

Malaysian ringgit

4,5521

PHP

Philippine peso

62,856

RUB

Russian rouble

40,3055

THB

Thai baht

44,800

BRL

Brazilian real

2,4259

MXN

Mexican peso

17,2641

INR

Indian rupee

62,5500

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
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 Annual Report of Eagle Broadband, Inc. (the "Company") on
Form 10-K for the year ending August 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Richard R. Royall,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

Date:  May 3, 2004


/S/Richard R. Royall____
Richard R. Royall,
Chief Financial Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-2131

MILDRED GOLLIE, widow of Joe Gollie, deceased,

 Petitioner,

 versus

ELKAY MINING COMPANY; DIRECTOR, OFFICE OF

WORKERS’ COMPENSATION PROGRAMS, UNITED STATES

DEPARTMENT OF LABOR,

 Respondents.

On Petition for Review of an Order of the Benefits Review Board.

(02-741-BLA)

Submitted: March 24, 2004 Decided: April 8, 2004

Before WIDENER, WILKINSON, and NIEMEYER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Leonard Stayton, Inez, Kentucky, for Petitioner. Douglas A. Smoot,

Kathy L. Snyder, JACKSON KELLY PLLC, Morgantown, West Virginia, for

Respondents.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Mildred Gollie seeks review of the Benefits Review

Board’s decision and order affirming the administrative law judge’s

denial of black lung benefits pursuant to 30 U.S.C. §§ 901-45

(2000). Our review of the record discloses that the Board’s

decision is based upon substantial evidence and is without

reversible error. Accordingly, we affirm on the reasoning of the

Board. See Gollie v. Elkay Mining Co., No. 02-741-BLA (BRB

July 31, 2003). 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.

AFFIRMED
**Exhibit
10(d)**
 
 AMENDMENT
 TO
 EMPLOYMENT
AGREEMENT
  This
Amendment to Employment Agreement is entered into effective as of the
11 th day of
May, 2001, by and between TXU Corp., a Texas corporation (the “Company”), and T.
L. Baker, an individual (“Employee”).
  WHEREAS,
the Company and Employee entered into that certain Employment Agreement dated as
of July 1, 2000 (“Employment Agreement”); and
  WHEREAS,
the parties now desire to amend the Employment Agreement to extend the Term
thereof by one (1) year such that the Term shall expire on June 30,
2004.
  NOW,
THEREFORE, in consideration of the mutual agreements set forth herein and in the
Employment Agreement and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree as
follows:
  1.
    Extension
      of Term.
      Section 2 of the Employment Agreement is hereby amended by replacing the
      date “June 30, 2003” with the date “June 30, 2004”, and, as amended, said
      Section 2 shall be and read in full as
follows:
  “2. Term : This
Employment Agreement shall commence as of the date first set forth above and,
unless terminated earlier pursuant to the provisions hereof, shall expire on
June 30, 2004 (“Term”).”
  2.
    Continued
      Effectiveness of Employment Agreement.
      Except as expressly amended hereby, the Employment Agreement shall remain
      in full force and effect.
  3.
    Governing
      Law.
      This Amendment shall be governed by and construed in accordance with the
      laws of the State of Texas.
  Executed
effective as of the 11th day of May, 2001.
  TXU
CORP.        EMPLOYEE:
  By:_ /s/
Erle
Nye     /s/  T.
L.
Baker
 Erle Nye,
Chairman of the Board     T. L.
Baker
 and Chief
Executive