alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.1


 


AMENDMENT TO


EMPLOYMENT
AGREEMENT


 


CARDINAL FINANCIAL
CORPORATION (“Cardinal”) and Bernard H. Clineburg (“Clineburg”) hereby agree
that the Employment Agreement by and between them effective February 12,
2002 (as previously amended) is amended effective as of July 22, 2009 by
making the changes below:


 


1.                                       The second sentence of Section 1.3
is replaced with the following:


 


“The current term of
Clineburg’s employment hereunder shall be until July 21, 2014.  Effective July 22, 2014, the term of Clineburg’s
employment hereunder shall be one additional year and shall be automatically
extended from day to day so that on any day the remaining term shall be one
year.  Effective July 22,
2014, either party may provide notice of termination of the Agreement to be
effective 12 months after the date of the notice.”


 


Except as amended above,
the terms of the Employment Agreement (as previously amended) remain in effect.


 


The parties have signed
this Amendment to Employment Agreement this 22nd day of July, 2009.


 


 


	
   

  	
   

  	
  CARDINAL FINANCIAL
  CORPORATION  

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Bernard H.
  Clineburg  

  	
   

  	
  By

  	
  /s/ George P. Shafran

  
	
  Bernard H. Clineburg  

  	
   

  	
   

  	
  George P. Shafran  

  
	
  Chairman and CEO

  	
   

  	
   

  	
  Chairman, Compensation
  Committee  

  
	
   

  	
   

  	
   

  	
  Board of Directors
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6944

PIERRE A. RENOIR, Plaintiff - Appellant, versus GEORGE MCMILLAN, Defendant - Appellee.Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CA-99-356-7) Submitted: September 30, 1999 Decided: October 8, 1999 Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Pierre A. Renoir, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* Although the district court’s order is marked as “filed” on June 28, 1999, the district court’s records show that it was entered on the docket sheet on June 30, 1999. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that the order was entered on the docket sheet that we take as the effective date of the district court’s decision. See Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2 PER CURIAM: Pierre Renoir appeals the district court’s order dismissingwithout prejudice his 42 U.S.C.A. § 1983 (West Supp. 1999) complaint for failure to state a claim on which relief may be granted pursuant to 28 U.S.C.A. § 1915(e)(2)(B)(ii) (West Supp. 1999), anddenying his motion for appointment of counsel, request for evidentiary hearing, and petition for subpoena. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we dismiss the appeal on the reasoning of the district court. See Renoir v. McMillan , No. CA-99-356-7 (W.D. Va. June 30, 1999). * We further deny Renoir’s “motion for court order for copies.” 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
#### S. Townsend Peckham, Appellant, v. Manhattan Life Insurance Company, Respondent.

Judgment affirmed, with costs.
#### BOARD OF COMMISSIONERS OF CUMBERLAND COUNTY v. R. S. DICKSON & CO., and STRANAHAN, HARRIS & OATIS.

(Filed 21 October, 1925.)

Appeal and Error — Rules of Court — Briefs—judgments.

Where tbe appellant bas not filed a brief in tbe Supreme Court, under tbe rule tbe judgment appealed from will be affirmed on appellee’s motion, if upon examination of tbe record proper no error appears.

Appeal by defendant from *Sinclair,*JSeptember, 1925, at chambers, from CUMBERLAND.

Controversy' without action, submitted on an agreed statement of facts, verified by J. T. Martin, chairman of tbe Board of Commissioners of Cumberland County, and John. S. Harris, Yice-President of Stranahan, Harris & Oatis, Inc.

Tbe proceeding is to determine tbe validity of certain school bonds and tbe binding effect of a joint bid made therefor by tbe defendants.

Tbe case is brought to us for review from a judgment declaring tbe bonds to be valid and adjudging that “tbe defendant herein, tbe purchaser1 of said bonds, be, and it is hereby required to complete tbe purchase of said bonds in conformity with its contract.”

*331*Dye & Ciarle for plaintiff.*

*-No counsel for defendant.*'

Stacy, C. J.

As the appellant has filed no brief in this Court, and no error is made to appear from an examination of the record proper, we must affirm the judgment on motion of appellee. *Mfg. Co. v.*Simm*ons,*97 N. C., 89; *Smith v. Mfg. Co.,*151 N. C., 260; *Jones v. R. R.,*153 N. C., 419; *Davis v. Wall,*142 N. C., 450.

Affirmed.
#### Rachmani Corporation et al., Appellants, v 19th Street Associates et al., Respondents.

Submitted October 16,1995;

decided December 28, 1995

Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed the denial of the motion to amend the complaint, dismissed upon the ground that that portion of the order sought to be appealed from does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied, with $100 costs and necessary reproduction disbursements.
I 

113TH CONGRESS 

2D SESSION H. R. 5187 

To clarify the meaning of the term ‘‘prevailing party’’ with regard to the 

recovery of attorneys’ fees. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2014 

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

Committee on the Judiciary 

A BILL 

To clarify the meaning of the term ‘‘prevailing party’’ with 

regard to the recovery of attorneys’ fees. 

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 ‘‘Catalyst Theory Res5 toration Act of 2014’’. 

6 SEC. 2. IN GENERAL. 

7 (a) MEANING OF PREVAILING PARTY.—In deter8 mining the meaning of any Act of Congress, or of any 

9 ruling, regulation, or interpretation of the various depart10 ments and agencies of the United States, or of any judicial 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•HR 5187 IH

1 or administrative rule, which provides for recovery of at2 torneys’ fees, the term ‘‘prevailing party’’ shall include a 

3 party whose pursuit of a nonfrivolous claim or defense was 

4 a catalyst for a voluntary or unilateral change in position 

5 by the opposing party that provides any significant part 

6 of the relief sought. 

7 (b) RULE OF CONSTRUCTION.—This section shall not 

8 alter special eligibility criteria established for prevailing 

9 defendants nor alter any specific eligibility criteria con10 tained in any statute that expressly limits or qualifies who 

11 may be considered a prevailing party for purposes of that 

12 statute. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
#### TIMOTHY E. ROLLINS, Appellant, *v.*ALLEN WOOD, Respondent.

*Code of Civil Procedure,*§ 1351— *notice of appeal*— *what not a sufficient copy of the judgment.*

MotioN to dismiss an appeal from a judgment, for irregularity,, on the ground that the appeal was not brought in time.

The judgment appealed from ivas entered on the report of a referee in favor of the defendant for a sum of money, and costs. *587It was perfected and docketed on 17th August, 1878. On twenty-second August defendant’s attorney served upon the plaintiif’s attorneys a written notice thereof, which was in the following-words: “ Take notice that the judgment roll was filed, judgment perfected and docketed in the office of the clerk of the county of Steuben in favor of the defendant, against the plaintiif, on the 17th day of August, 1878, for damages - - $195 91

“Costs,.- - 130 85

“Judgment.$326 76.”

No copy of the judgment, beyond what is contained in the notice, was served. The notice of appeal was served 27th December, 1878.

The court at General Term, *held,*“ that the notice of judgment was not a copy of the judgment, within the meaning of section 1351 of the Code of Civil Procedure, and that as no copy of the judgment was served, as required by that section, the service of notice of entry of judgment did not set the time within which to appeal running, and the appeal, was taken in due season.”

Opinion by

Smith, J.

Present — Talcott, P. J., Smith and IIakdin, JJ.

Motion to dismiss appeal denied, with ten dollars costs of opposing.
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AKIN GUMP STRAUSS HAUER & FELD LLP

Michael S. Stamer (pro hac vice)

Ira S. Dizengoff (pro hac vice)

David H. Botter (pro hac vice)

Abid Qureshi (pro hac vice)

One Bryant Park

New York, New York 10036

Telephone: (212) 872-1000

Facsimile: (212) 872-1002

Email: mstamer@akingump.com

idizengoff@akingump.com

dbotter@akingump.com

 aqureshi@akingump.com

Ashley Vinson Crawford (SBN 257246)

580 California Street

Suite 1500

San Francisco, CA 94104

Telephone: (415) 765-9500

Facsimile: (415) 765-9501

Email: avcrawford@akingump.com

Counsel to the Ad Hoc Committee of Senior Unsecured 

Noteholders of Pacific Gas and Electric Company 

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re:

PG&E CORPORATION,

-andPACIFIC GAS AND ELECTRIC 

COMPANY,

Bankruptcy Case

No. 19-30088 (DM)

Chapter 11

(Lead Case)

(Jointly Administered)

ORDER AUTHORIZING OVERSIZE 

BRIEFING FOR REPLY IN SUPPORT OF 

MOTION OF THE AD HOC COMMITTEE 

OF SENIOR UNSECURED 

NOTEHOLDERS TO TERMINATE THE 

DEBTORS’ EXCLUSIVE PERIODS 

PURSUANT TO SECTION 1121(d)(1) OF 

THE BANKRUPTCY CODE

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).

Signed and Filed: July 23, 2019

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Entered on Docket 

July 23, 2019

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 3162 Filed: 07/23/19 Entered: 07/23/19 18:31:25 Page 1 of

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The Court, having reviewed the Ex Parte Application for Order Pursuant to L.B.R. 9013-1(c) 

Authorizing Oversize Briefing for Reply in Support of Motion of the Ad Hoc Committee of Senior 

Unsecured Noteholders to Terminate the Debtors’ Exclusive Periods Pursuant to Section 1121(d)(1) of 

the Bankruptcy Code (the “Application”) filed on July 22, 2019, and after due deliberation and sufficient 

cause appearing therefor, 

IT IS HEREBY ORDERED THAT:

1. The Application is granted, as provided herein.

2. The Ad Hoc Committee is authorized to file and serve a reply memorandum of points and 

authorities in support of the Motion of the Ad Hoc Committee of Senior Unsecured Noteholders to 

Terminate the Debtors’ Exclusive Periods Pursuant to Section 1121(d)(1) of the Bankruptcy Code, in 

excess of 15 pages, but not to exceed 25 pages (exclusive of any schedules or exhibits thereto and/or any

declarations filed in connection therewith).

** END OF ORDER **

Case: 19-30088 Doc# 3162 Filed: 07/23/19 Entered: 07/23/19 18:31:25 Page 2 of

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WEIL, GOTSHAL & MANGES LLP

Stephen Karotkin (pro hac vice)

(stephen.karotkin@weil.com)

Ray C. Schrock, P.C. (pro hac vice)

(ray.schrock@weil.com)

Jessica Liou (pro hac vice)

(jessica.liou@weil.com) 

Matthew Goren (pro hac vice)

(matthew.goren@weil.com)

767 Fifth Avenue

New York, NY 10153-0119

Tel: 212 310 8000

Fax: 212 310 8007

KELLER & BENVENUTTI LLP

Tobias S. Keller (#151445)

(tkeller@kellerbenvenutti.com)

Jane Kim (#298192)

(jkim@kellerbenvenutti.com)

650 California Street, Suite 1900

San Francisco, CA 94108

Tel: 415 496 6723

Fax: 650 636 9251

Attorneys for Debtors

and Debtors in Possession

CRAVATH, SWAINE & MOORE LLP

Paul H. Zumbro (pro hac vice)

(pzumbro@cravath.com)

Kevin J. Orsini (pro hac vice)

(korsini@cravath.com)

Omid H. Nasab (pro hac vice)

(onasab@cravath.com)

825 Eighth Avenue

New York, NY 10019

Tel: 212 474 1000

Fax: 212 474 3700

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re:

PG&E CORPORATION

- and -

PACIFIC GAS AND ELECTRIC

COMPANY

Debtors.

Bankruptcy Case No. 19 - 30088 (DM)

Chapter 11

(Lead Case)

(Jointly Administered)

DECLARATION OF KEVIN J. ORSINI IN 

SUPPORT OF DEBTORS’ OBJECTION 

TO MOTION OF THE OFFICIAL 

COMMITTEE OF TORT CLAIMANTS 

TO COMPEL PRODUCTION OF THIRD 

PARTY CONTRACTOR DOCUMENTS

Re: Dkt. No. 3205 

Date: August 27, 2019

Time: 9:30 a.m. PST

Place: United States Bankruptcy Court

Courtroom 17, 16th Floor

San Francisco, CA 94102

Objection Deadline: August 13, 2019

 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).

Case: 19-30088 Doc# 3536 Filed: 08/13/19 Entered: 08/13/19 15:36:31 Page 1 of

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Pursuant to 28 U.S.C. § 1746, I, Kevin J. Orsini, hereby declare under penalty of perjury as follows:

1. I am a Member of Cravath, Swaine & Moore LLP (“Cravath”), counsel to Pacific Gas 

and Electric and PG&E Corporation (collectively, “PG&E” or the “Debtors”) in the above-captioned 

Chapter 11 Cases. I am admitted to practice in the State of New York and am admitted to practice 

before this Court pro hac vice. (See Dkt. No. 88). I submit this Declaration in Support of the Debtors’ 

Objection to Motion of the Official Committee of Tort Claimants to Compel Productions of Third 

Party Contractor Documents. I have personal knowledge of the facts set forth in this declaration.

2. Attached hereto as Exhibit A is a true and correct copy of a cover letter accompanying 

a document production from Cravath, sent on behalf of the Debtors, to the Official Committee of Tort 

Claimants, dated July 30, 2019. 

Dated: August 13, 2019

Kevin J. Orsini

Kevin J. Orsini

Cravath, Swaine & Moore LLP

Case: 19-30088 Doc# 3536 Filed: 08/13/19 Entered: 08/13/19 15:36:31 Page 2 of

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#### The Hazelton Boiler Company v. The Hazelton Tripod Boiler Company et al.

*Jurisdiction—Appellate Court—Franchise.*

This court has no jurisdiction of controversies involving a franchise.

[Opinion filed November 11, 1890.]

Appeal from the Superior Court of Cook County; the Hon. Henry M. Shepard, Judge, presiding.

Messrs. Ephraim Banning, Thomas A. Banning and George S. Payson, for appellant.

Messrs. Bond, Adams & Jones, for appellees.

Gary, J.

This is a bill by the appellant, a New York corporation, the principal object of which is to prevent the principal appellees, an Illinois corporation, from using the name “Hazelton” even as part of the corporate name, “The Hazelton Tripod Boiler Company,” in the business of making and selling boilers. The right so to use that name is a part of the franchise granted to the appellees by this State. If it is to be taken from them, it must be by some court having jurisdiction of a case where a franchise is involved, a jurisdiction which the Appellate Courts of this State do not possess. Bushnell v. Consolidated Ice Co., 37 Ill. App. 133.

The appeal must-be dismissed. *Appeal dismissed.*
-1- 

### STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, UNPUBLISHED February 11, 2016

v No. 322814 Wayne Circuit Court DANIEL DANTE BURCH, LC No. 13-006304-FC

Defendant-Appellant.

Before: R ONAYNE K RAUSE , P.J., and M ARKEY and M. J. K ELLY , JJ.

M. J. K ELLY
, J. ( concurring ).

I concur in the result only.

/s/ Michael J. Kelly
EXHIBIT F

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#### FRANCES L. CARR v. FREDERIC L. CARR, JR., Administrator c. t. a. of MATTHEW L. CARR, and FRED L. CARR.

(Filed 22 May, 1935.)

Wills F b — Devisee held entitled to rents from land where at date of testator’s death, no crops had heen planted.

At the date of testator’s death certain contracts for the cultivation of his lands by tenants had been let, but no crop planted. *Seld,:*Testator’s sole devisee is entitled to the rents from the lands for the year, the provisions of C. S., 54, that ungathered crops should belong to the executor or administrator not applying to crops not planted at the date of testator’s or intestate’s death.

*247Civil action, before *Daniels, J.,*at February Term, 1935, of Wilson.

Matthew L. Carr died on 10 January, 1934, leaving a last will and testament in which he devised his real estate to his wife, the plaintiff in this action. The testator owned a one-fourth undivided interest in 2,200 acres of land in Greene County. During the year 1934 the farming operations on said land were conducted according to a long-standing agreement between the heirs at law of T. "W. Carr, deceased father of Matthew L. Carr. At the time of the death of Matthew L. Carr, to wit, on 10 January, 1934, certain contracts had been made with tenants to cultivate the land for 1934, but no crops had been planted, very little land, if any, prepared for cultivation, and certainly no crop of any kind was in process of planting on 10 January, 1934. The portion of rents for the land for the year 1934 claimed by plaintiff is approximately $3,000 or $4,000, as she was the owner of a one-fourth undivided interest in the land by virtue of the will of her husband, Matthew L. Carr. The plaintiff instituted this action to recover her portion of said rents, but the defendants declined to pay the rents to her by virtue of the provisions of C. S., 54.

The trial judge was of the opinion, and so ruled, that the plaintiff was entitled to recover said rents, and from such judgment defendants appealed.

*Connor & Hill for plaintiff.*

*Fred L. Carr, Jr., for defendants.*

Bkogden, J.

Does C. S., 54, control the title to crops not planted at the time of the death of the testator or devisor ?

The plaintiff, as the widow of the testator, became the owner of the land on 10 January, 1934. At that time no crops were planted. It is not necessary to debate the question as to when a crop is a crop. Manifestly, in the forum of common sense, it could not be a crop until the seed were in the soil. The statute uses the expression, “crops . . . remaining ungathered at his death,” etc. An ungathered crop is certainly not an unplanted crop, and the court is of the opinion that the statute has no application to the cause of action set out in the complaint, and, therefore, the ruling of the trial judge was correct.

Affirmed.
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 TransAct Energy Corp. a Nevada corporation (the Company), on Form 10-K for the annual period ending December 31, 2012 as filed with the Securities and Exchange Commission (the Report), I, Simon G. Thomas, Chief Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 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 (15 U.S.C. 78m or 78o(d)); 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/ Simon G. Thomas Simon G. Thomas Chief Financial Officer  Date: February 15, 2013
Exhibit 31.3

Certification

I, David A. Flynn, Chief Executive Officer of
Fusion-io, Inc., certify that:

1. I have reviewed this Amendment No. 1 to the annual report on Form 10-K/A of
Fusion-io, Inc.;

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 officers 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 we 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 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 officers 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: September 2, 2011 |  |  |  |  |  | /s/ DAVID A. FLYNN     
|                        |  |  |  |  |  | David A. Flynn         
|                        |  |  |  |  |  | Chief Executive Officer