alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTICE: NOT FOR OFFICIAL PUBLICATION.

UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL

AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

IN THE

ARIZONA COURT OF APPEALS

DIVISION ONE

STATE OF ARIZONA, Respondent,

v.

JOSE LUIS AVITIA, Petitioner.

No. 1 CA-CR 18-0599 PRPC

Petition for Review from the Superior Court in Maricopa County

No. CR1993-005724

The Honorable Dewain D. Fox, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney's Office, Phoenix

By Diane Meloche

Counsel for Respondent

Jose Luis Avitia, Buckeye

Petitioner

MEMORANDUM DECISION

Presiding Judge Diane M. Johnsen, Judge Maria Elena Cruz and Judge 

Randall M. Howe delivered the decision of the Court.

FILED 1-3-19
STATE v. AVITIA

Decision of the Court

2

PER CURIAM:

¶1 Petitioner Jose Luis Avitia seeks review of the superior court's 

order denying his petition for post-conviction relief, filed pursuant to 

Arizona Rule of Criminal Procedure 32.1. This is petitioner's fifth 

successive petition. 

¶2 Absent an abuse of discretion or error of law, this court will 

not disturb a superior court's ruling on a petition for post-conviction relief. 

State v. Gutierrez, 229 Ariz. 573, 577, ¶ 19 (2012). It is petitioner's burden to 

show that the superior court abused its discretion by denying the petition 

for post-conviction relief. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 

2011) (petitioner has burden of establishing abuse of discretion on review).

¶3 We have reviewed the record in this matter, the superior 

court's order denying the petition for post-conviction relief, and the petition 

for review. Petitioner has not established an abuse of discretion. 

¶4 For the foregoing reasons, we grant review but deny relief.
Exhibit



Exhibit 10.2



June 13, 2016


Mr. Donnie Smith


Dear Donnie:


The purpose of this letter is to confirm our understanding regarding certain changes to your employment relationship with Tyson Foods, Inc., a Delaware Corporation, and its subsidiaries (the "Company").


The parties hereby agree that your relinquishment of the title of President of the Company and the subsequent appointment of another President of the Company, and any changes in duties, responsibilities, or reporting structures as a result of such relinquishment in title or appointment, will not constitute a “Good Reason” event or a breach of any provision of any agreement to which you and the Company are a party, including, without limitation, that certain Employment Agreement between you and the Company, dated November 19, 2015 (the "Agreement").  For the avoidance of doubt, you are not waiving your right to claim that any other actions or any subsequent demotion may constitute a “Good Reason” event under the Agreement.


Except as explicitly set forth herein, all other terms and conditions contained in the Agreement will remain in full force and effect.


This letter and the Agreement contain the entire understanding between the parties on the subjects covered here and supersede all prior agreements, arrangements and understandings, whether written or oral, regarding the subjects covered here.  The Agreement and this letter may not be changed, nor may any of their provisions be waived, orally, but may only be changed in writing signed by both parties.  You agree and acknowledge that the parties hereto have been provided with the opportunity to consult with counsel regarding the provisions of this letter.




Very truly yours,


Tyson Foods, Inc.




By:    /s/ Brad T. Sauer
Name: Brad T. Sauer
Title: Chairman, Compensation and Leadership Development Committee


ACCEPTED AND AGREED TO:


/s/ Donnie Smith    
Donnie Smith
Date: June 13, 2016
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Child Health and Human Development Initial Review Group; Biobehavioral and Behavioral Sciences Subcommittee.                    

*Date:*                         June 23-24, 2010.                    

*Time:*                         9 a.m. to 5:30 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Washington Plaza Hotel, 10 Thomas Circle, Washington, DC 20005.                    

*Contact Person:*                         Marita R. Hopmann, PhD, Scientific Review Administrator, Division of Scientific Review, Eunice Kennedy Shriver National Institute of Child Health and Human Development, NIH, 6100 Executive Blvd., Room 5b01, Bethesda, MD 20892, 301-435-6911,                         *hopmannm@mail.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)

Dated: May 24, 2010.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010-12940 Filed 5-27-10; 8:45 am]

BILLING CODE 4140-01-P
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UNITED STATES DEPARTMENT OF JUSTICE

CIVIL DIVISION

JOSEPH H. HUNT

Assistant Attorney General

RUTH A. HARVEY

Director

KIRK MANHARDT

Deputy Director

MATTHEW J. TROY (GABN 717258)

Senior Trial Counsel

P.O. Box 875

Ben Franklin Station

Washington, DC 20044-0875

Telephone: (202) 514-9038

E-mail: matthew.troy@usdoj.gov

DAVID L. ANDERSON (CABN 149604)

United States Attorney

ROBIN M. WALL (CABN 235690)

Assistant United States Attorney

Attorneys for the United States of America

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re:

PG&E CORPORATION

- and -

PACIFIC GAS AND ELECTRIC

COMPANY,

 Debtors.

� Affects PG&E Corporation

� Affects Pacific Gas and Electric Company

◼ Affects both Debtors

All papers shall be filed in the Lead Case,

No. 19-30088 (DM).

)

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Bankruptcy Case

No. 19-30088 (DM)

Chapter 11

(Lead Case)

 (Jointly Administered)

 Date: June 26, 2019

 Time: 9:30 a.m.

 Place: United States Bankruptcy Court

 450 Golden Gate Avenue

 Courtroom 17

 San Francisco, CA 94102

 Judge: Hon. Dennis Montali

 RE: Docket Nos. 2419 and 2634

 

JOINDER OF UNITED STATES OF AMERICA IN OBJECTION OF THE 

CALIFORNIA STATE AGENCIES TO MOTION OF THE OFFICIAL COMMITTEE 

OF TORT CLAIMANTS FOR ENTRY OF A PROTECTIVE ORDER

[DOCKET NO. 2419]

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The United States of America, on behalf of various federal agencies, as both a regulator and 

creditor of the Debtors, hereby joins in the Objection of the California State Agencies to Motion of the 

Official Committee of Tort Claimants for Entry of a Protective Order [Docket No. 2419] (Docket No. 

2634) (the “Objection”). 

For the reasons set forth in the Objection, the United States objects to the proposed Protective 

Order being made applicable to governmental units and requests that the Court include in any such order 

an express exception that it does not apply to governmental units. 

Date: June 19, 2019 Respectfully submitted,

/s/ Matthew J. Troy

MATTHEW J. TROY

Senior Trial Counsel

Attorney for United States

CERTIFICATE OF SERVICE

I hereby certify that on June 19, 2019, I electronically filed the foregoing JOINDER with the Clerk of the Court 

by using the CM/ECF system, which will send a notice of electronic filing to all CM/ECF participants.

/s/ Matthew J. Troy

Matthew J. Troy

Senior Trial Counsel 

Attorney for United States

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#### Gardner S. Chapin et al. v. Canute E. Matson, for use, etc.

*Replevin—Bond—Action on.*

This court affirms a judgment for the plaintiff in an action upon a replevin bond, the defendants not attempting to prove that the property in question belonged to them.

[Opinion filed October 23, 1890.]

Appeal from the Superior Court of Cook County; the Hon. Kirk Hawes, Judge, presiding. ,

Messrs. Merritt Starr and L. S. Hodges, for appellants.

Messrs. Kraus, Mater & Stein, for appellee.

Gary, J.

The appellee, sheriff of Cook county, sued the appellants for the use of Franklin Emery, upon a replevin bond given by the appellants, in a replevin, suit commenced by individuals composing the firm of Paris, Allen & Co., *258against Emery. None of the firm of Paris, Allen. & Co. were parties to the bond.

The appellants pleaded that the merits were not tried, in the replevin suit, and that the goods and chattels there in question were the “ property of these defendants.” Whatever may have been the accident or mistake by which the appellants pleaded property in themselves, instead of in Paris, Allen & Co., as it must be supposed they intended to do, there the plea stood, and the case was tried upon an issue made on that allegation of “ property of these defendants.”

There is no other question in the case which needs to be considered, for the appellee was entitled to recover the value of the property unless the appellants proved it was theirs. This they did not attempt to do, but offered evidence that it was the property of Paris, Allen *&*Co. This evidence being rejected, the appellee recovered.

There is no error and the judgment is affirmed. Holler v. Coleson, 23 Ill. App. 324.

*Judgment affirmed.*
I 

113TH CONGRESS 

2D SESSION H. R. 4747 

To prohibit the use of global health activities to collect foreign intelligence, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 28, 2014 

Ms. MCCOLLUM introduced the following bill; which was referred to the Select 

Committee on Intelligence (Permanent Select) 

A BILL 

To prohibit the use of global health activities to collect 

foreign intelligence, 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 ‘‘Global Health Worker 

5 Protection Act of 2014’’. 

6 SEC. 2. PROHIBITION ON USE OF GLOBAL HEALTH ACTIVI7 TIES FOR INTELLIGENCE GATHERING. 

8 (a) PROHIBITION.—The Central Intelligence Agency 

9 and any other department or agency may not use health 

10 or humanitarian workers or activities, including immuniVerDate Mar 15 2010 05:51 Jun 03, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4747.IH H4747

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•HR 4747 IH

1 zation and vaccination campaigns, health education and 

2 surveillance, or direct health services, in countries outside 

3 of the United States for the purpose of collecting foreign 

4 intelligence. 

5 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

6 shall be construed to restrict the provision of medical serv7 ices to individuals involved in authorized intelligence ac8 tivities on behalf of the United States. 

Æ 


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[Federal Register Volume 75, Number 103 (Friday, May 28, 2010)]
[Notices]
[Pages 30065-30066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12895]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-71,705]


Arcelor Mittal, Including On-Site Leased Workers From Adecco, 
ESW, Inc., Guardsmark, Hudson Global Resources, Multi Serv and Quaker 
Chemical, Hennepin, IL; Amended Certification Regarding Eligibility To 
Apply for Worker Adjustment Assistance

    In accordance with Section 223 of the Trade Act of 1974, as amended 
(``Act''), 19 U.S.C. 2273, the Department of Labor issued a 
Certification of Eligibility to Apply for Worker Adjustment Assistance 
on March 26, 2010, applicable to workers of Arcelor Mittal, including 
on-site leased workers from Adecco, ESW, Inc., Guardsmark, Hudson 
Global Resources, Hennepin, Illinois. The notice was published in the 
Federal Register on April 23, 2010 (75 FR 21355). The notice was 
amended on April 27, 2010 to include on-site leased workers from Multi 
Serv. The notice was published in the Federal Register on May 12, 2010 
(75 FR 26793)
    At the request of the State, the Department reviewed the 
certification for workers of the subject firm. The workers are engaged 
in activities in production of hot and cold rolled steel.
    The company reports that workers leased from Quaker Chemical were 
employed on-site at the Hennepin, Illinois location of Arcelor Mittal. 
The Department has determined that these workers were sufficiently 
under the control of the subject firm to be considered leased workers.
    Based on these findings, the Department is amending this 
certification to include workers leased from Quaker Chemical working 
on-site at the Hennepin, Illinois location of Arcelor Mittal.
    The amended notice applicable to TA-W-71,705 is hereby issued as 
follows:


[[Page 30066]]


    All workers Arcelor Mittal, including on-site leased workers 
from Adecco, ESW, Inc., Guardsmark, Hudson Global Resources, Multi 
Serv and Quaker Chemical Hennepin, Illinois, who became totally or 
partially separated from employment on or after July 6, 2008, 
through March 26, 2012, and all workers in the group threatened with 
total or partial separation from employment on the date of 
certification through two years from the date of certification, are 
eligible to apply for adjustment assistance under Chapter 2 of Title 
II of the Trade Act of 1974, as amended.

    Signed at Washington, DC, this 17th day of May 2010.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-12895 Filed 5-27-10; 8:45 am]
BILLING CODE 4510-FN-P
I 

113TH CONGRESS 

2D SESSION H. R. 4995 

To designate the facility of the United States Postal Service located at 

6531 Van Nuys Boulevard in Van Nuys, California, as the ‘‘Marilyn 

Monroe Post Office’’. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2014 

Mr. CA ́RDENAS (for himself, Mr. SCHIFF, Mr. SHERMAN, Mr. MCKEON, Mr. 

THOMPSON of California, Ms. MATSUI, Mr. MCNERNEY, Mr. SWALWELL

of California, Mr. COSTA, Ms. ESHOO, Ms. LOFGREN, Mr. FARR, Mr. 

RUIZ, Mr. PETERS of California, Ms. ROYBAL-ALLARD, Ms. WATERS, 

and Mr. LOWENTHAL) introduced the following bill; which was referred 

to the Committee on Oversight and Government Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 6531 Van Nuys Boulevard in Van Nuys, California, as the ‘‘Marilyn Monroe Post Office’’. 

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

3 SECTION 1. MARILYN MONROE POST OFFICE. 

4 (a) DESIGNATION.—The facility of the United States 

5 Postal Service located at 6531 Van Nuys Boulevard in 

6 Van Nuys, California, shall be known and designated as 

7 the ‘‘Marilyn Monroe Post Office’’. 


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2 

•HR 4995 IH

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the facility referred to in subsection (a) shall 

4 be deemed to be a reference to the ‘‘Marilyn Monroe Post 

5 Office’’. 

Æ 


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<PAGE>
                                                                      Exhibit 23

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
pertaining to: the 1995 Stock Option Plan, as amended, 1996 Directors' Stock
Option Plan, Stock Option Agreement entered into, effective January 4, 1995, by
and between Sunrise Assisted Living, Inc. and David W. Faeder (Form S-8 No.
33-05257); the1996 Non-Incentive Stock Option Plan (Form S-8, No. 333-21817);
the 1997 Stock Option Plan (Forms S-8, No.333-26837); the 1996 Directors' Stock
Option Plan, as Amended (Form S-8, No. 333-57291); the 1998 Stock Option Plan
(Form S-8, No. 333-57293); the 1999 Stock Option Plan (Form S-8, No. 333-78313);
the Karrington Health, Inc. 1996 Incentive Stock Plan (Form S-8, No. 333-78543);
the 2000 Stock Option Plan (Form S-8, No. 333-38432); the 2001 Stock Option Plan
(Form S-8, No. 333-61918); and the Employee Stock Purchase Plan (Form S-8, No.
333-61914) of our report dated February 26, 2002, with respect to the
consolidated financial statements of Sunrise Assisted Living, Inc. included in
the Annual Report (Form 10-K) for the year ended December 31, 2001.



                                                   /s/ Ernst & Young LLP

McLean, VA
March 26, 2002
Exhibit 32.2





CERTIFICATION PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of MidSouth Bancorp, Inc. (the “Company”) on Form 10-Q for the period ending June 30, 2009 (the “Report”), I, Teri S. Stelly, Interim Chief Financial Officer of the Company, certify 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/ Teri S. Stelly


Teri S. Stelly


Interim Chief Financial Officer


August 10, 2009
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26 

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28 

BAKER 

&

HOSTE TL E R L LP ATTOR NE YS AT LAW

SAN FRANCISCO

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#### Matilda Hoffmann, Appellant, v. Lucile C. Bonert, Respondent.

Order

modified by imposing as terms tbe payment by defendant to plaintiff of the. costs and disbursements of the action .to the date of the entry of the order, and as so modified affirmed, rvith ten dollars costs and disbursements of the appeal to plaintiff. No opinion.

Jenks, P. J., Hirschberg, Burr, Thomas and'Rich, J.J., concurred.
**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 B&D Food Corp. (the “Company”) for
      the period ending March 31, 2009 on Form 10-Q, as filed with the
      Securities and Exchange Commission on May 20, 2009 (the “Report”), I,
      Daniel Ollech, Chief Executive Officer of the Company, 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, as amended; and




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




By:
            /s/ Daniel Ollech**Daniel Ollech**
              **Chairman of the Board, President**
              **and**
              **Chief Executive Officer**




November 19, 2009
<PAGE>

Exhibit 99.1


                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

In  connection  with the  Quarterly  Report of  Nutrition  21,  Inc., a New York
corporation (the "Company"),  on Form 10-Q for the quarter ending March 31, 2003
as filed with the Securities and Exchange  Commission  (the  "Report"),  I, Gail
Montgomery,  President  and Chief  Executive  Officer of the  Company,  certify,
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350), 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 result of operations of the Company.  /S/
GAIL MONTGOMERY [GRAPHIC OMITTED]


/S/ GAIL MONTGOMERY
    -------------------------------
    Gail Montgomery
    President and Chief Executive Officer
    May 14, 2003


                                       22

<PAGE>