alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals

San Antonio, Texas

April 23, 2020

No. 04

- 20

- 00020

- CR

IN RE STATE OF TEXAS , ex. rel. Todd A. “ Tadeo ” Durden, County Attorney

Original Mandamus Proceeding 1

ORDER

Sitting: Patricia O. Alvarez , Justice

Irene Rios , Justice

Liza A. Rodriguez , Justice

On April 20, 2020, relator filed a “ F irst Motion for Sanctions. ” On Ap ril 22, 2020, this

court issued an opinion denying relator ’ s pet ition for writ of mandamus. Relator ’ s motion for

sanctions is denied

.

It is so ORDERED on April 23, 2020

.

PER CURIAM

ATTESTED TO: ____________________

_________

Michael A. Cruz

, Clerk of C ourt

1 This proceeding arises out of Cause No s. 10041CR,10056CR, 10122CR, 10134CR,9711CR, 9712CR, 9892CR,

styled The State of Texas v. Mark Anthony Gonzalez (Cause No. 10041CR), and twenty

- one other cases, pending in

the County Court, Kinney County, Texas. The Honorable Sid L. Harle signed the order at issue in this original

proceeding.
##### 



Exhibit 10.39
 AMENDMENT NO. 1
TO
AMENDED AND RESTATED
STATER BROS. HOLDINGS INC.  PHANTOM STOCK PLAN
 Originally Adopted on June 27, 2000 and
Amended and Restated on December 18, 2002
    1. Purpose .
  2. Definitions .
    1




---



##### 



2




---



##### 



3. Administration of the Plan .
 Administrator
 Administrative Rules
 3




---



##### 



4. Eligibility and Participation .
 Eligibility and Grant of Awards
 Effect of Adoption
 5. Credits to Accounts .
 Credits  General; Bookkeeping
 Cessation of Credits
 Participant Contributions
 4




---



##### 



6. Vesting; Valuation of Accounts .
 Vesting th th rd th th th
  Established Value
 5




---



##### 



Change in Control Established Value
 No Segregation of Assets
 Payments
 7. Commencement of Payment .
  Benefit Commencement Date
 Change in Control Benefit Commencement Date
 6




---



##### 



Partial Payments
 8. Method of Payment .
  Established Value
 Change in Control Established Value
 9. Recipient of Benefits .
    (i)
    
    Directly to such person;(ii)
    
    To the guardian of his or her person, or of his or her estate; or(iii)
    
    To his or her spouse or to any other person, to be expended
for his or her benefit.
 7




---



##### 



10. Beneficiary Designation .
  11. Withholding of Taxes .
  12. Notices; Abandonment of Benefits .
 Address of Recipients
 8




---



##### 



Notice to Participants and Abandonment
 13. Restrictions on Eligible Employees .
 Continued Employment
 No Property Rights
 No Rights as a Shareholder
 14. Amendment or Termination .
  15. Assignment .
  9




---



##### 



16. Information Confidential .
  17. Notices .
  18. Capital Structure .
  19. Other Benefits .
  10




---



##### 



20. Inurement of Rights and Obligations .
  21. Arbitration .
  22. Entire Agreement .
  23. Payments Limited to Deductible Amount .
   24. Tax Treatment .
  25. Adoption of Plan .
  11




---



##### 



26. General .
 Laws Governing
 Good Faith Determinations
 Effect of Headings
 Invalid Provisions
 Set-Off
 Waivers
  12




---



##### 



STATER BROS. HOLDINGS INC.
 FORM OF
 PHANTOM STOCK AWARD AGREEMENT
  W I T N E S S E T H:
       13




---



##### 



Company:Stater Bros. Holdings Inc.,
a Delaware corporationBy:Jack H. BrownIts: Chairman of the Board, Presidentand Chief Executive OfficerParticipant:
 14




---



##### 



PHANTOM STOCK AWARD AGREEMENT
 
 Name of Participant:
  Number of Share Units awarded under this Agreement:
  
 
 
 th th rd th th th
 15
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

February 19, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3368

Curtis Instruments, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request concerns a product strategically important or related to 

‘‘Made in China 2025’’ or other Chinese industrial programs.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
##### 



Exhibit 12.1 STATER BROS. HOLDINGS INC.
Computation of Ratio of Earnings to Fixed Charges
(Dollar amounts in thousands) Fiscal Years EndedSept. 24,(2)
    
    Sept. 30,(1)( 2)
    
    Sept. 29,(2)
    
    Sept. 28, (2)
    
    Sept. 26, (2)2000
    
    2001
    
    2002
    
    2003
    
    2004Earnings:Income (loss) before income taxes
    
    $
    (9,864
    )
    
    $
    14,431
    
    
    $
    19,097
    
    
    $
    16,554
    
    
    $
    111,750Amortization of capitalized
interest
    
    
    326
    
    
    
    338
    
    
    
    341
    
    
    
    352
    
    
    
    302Interest
    
    
    53,040
    
    
    
    53,846
    
    
    
    53,086
    
    
    
    52,524
    
    
    
    78,790Less interest capitalized
during the period
    
    
    (35
    )
    
    
    (238
    )
    
    
    (144
    )
    
    
    (144
    )
    
    
    (323
    )Net amortization of debt
discount and premium
and issuance expense
    
    
    2,542
    
    
    
    2,532
    
    
    
    3,158
    
    
    
    3,158
    
    
    
    11,321Interest portion of rental expense
    
    
    20,333
    
    
    
    21,407
    
    
    
    21,848
    
    
    
    22,740
    
    
    
    23,979Earnings as adjusted
    
    $
    66,342
    
    
    $
    92,316
    
    
    $
    97,386
    
    
    $
    95,184
    
    
    $
    225,819Fixed Charges:Interest
    
    $
    53,040
    
    
    $
    53,846
    
    
    $
    53,086
    
    
    $
    52,524
    
    
    $
    78,790Net amortization of debt
discount and premium
and issuance expense
    
    
    2,542
    
    
    
    2,532
    
    
    
    3,158
    
    
    
    3,158
    
    
    
    11,321Interest portion of rental
expense
    
    
    20,333
    
    
    
    21,407
    
    
    
    21,848
    
    
    
    22,740
    
    
    
    23,979Fixed Charges
    
    $
    75,915
    
    
    $
    77,785
    
    
    $
    78,092
    
    
    $
    78,422
    
    
    $
    114,090Ratio of Earnings to
Fixed Charges
    
    
    0.87
    
    
    
    1.19
    
    
    
    1.25
    
    
    
    1.21
    
    
    
    1.98
  (1)
    
    53-Week Fiscal Year(2)
    
    Includes the Companys 50% share of Santee. For fiscal 2004, includes
the Companys 50% share of Santee through February 6, 2004. Santee has
been consolidated into the Companys consolidated results since that date.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-1990

Brooks Instrument LLC:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 4, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-2172

Primex Family of Companies:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
<PAGE>
                                                                    EXHIBIT 99.3

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 Payless ShoeSource, Inc. (the
"Company") on Form 10-Q for the period ending August 3, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Steven
J. Douglass, Chairman of the Board and 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; 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/ Steven J. Douglass
-------------------------
Steven J. Douglass
Chairman of the Board and
Chief Executive Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                      11,913,074
<SECURITIES>                                   967,074
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            13,611,985
<PP&E>                                       3,568,546
<DEPRECIATION>                                 205,902
<TOTAL-ASSETS>                              17,047,229
<CURRENT-LIABILITIES>                        2,052,077
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        10,584
<OTHER-SE>                                  14,299,383
<TOTAL-LIABILITY-AND-EQUITY>                17,047,229
<SALES>                                              0
<TOTAL-REVENUES>                             1,722,819
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             3,681,454
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              31,046
<INCOME-PRETAX>                            (1,823,893)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,823,893)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,823,893)
<EPS-PRIMARY>                                    (.17)
<EPS-DILUTED>                                    (.17)
        

</TABLE>
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 13, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-2178

Signode Industrial Group LLC:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
Court of Appeals

S

Fifth District of Texas at Dallas

MANDATE

TO THE 330TH JUDICIAL DISTRICT COURT OF DALLAS COUNTY, GREETINGS:

Before the Court of Appeals for the Fifth District of Texas, on the 26th day of March, 2018, the 

cause on appeal to revise or reverse the judgment between

IN THE INTEREST OF J.T.S. AND J.R.S., 

CHILDREN 

No. 05-17-00204-CV 

On Appeal from the 330th Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. DF-16-02901.

Opinion delivered by Justice Bridges. 

Justices Evans and Whitehill participating.

was determined; and this Court made its order in these words:

In accordance with this Court’s opinion of this date, the judgment of the trial court is 

AFFIRMED.

It is ORDERED that appellee Yolanda Smith recover her costs of this appeal from 

Jshaye Hendrix.

WHEREFORE, WE COMMAND YOU to observe the order of the Court of Appeals 

for the Fifth District of Texas, in this behalf, and have it duly obeyed and executed.

WITNESS the HON. CAROLYN WRIGHT, Chief Justice of the Court of Appeals, with 

the Seal thereof affixed, at the City of Dallas, this 5th day of June, 2018.

5 L M

LISA MATZ, Clerk
[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Notices]
[Pages 15145-15146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7016]



=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION


Petitions For Reconsideration Of Action In Rulemaking Proceeding; 
Correction

    A Public Notice dated March 7, 1995, DA 95-439, in the proceeding 
below inadvertently failed to list both petitioners and is, therefore, 
superseded by this Public Notice. These petitions for reconsideration 
have been filed in the Commission rulemaking proceeding listed in this 
Public Notice and published pursuant to 47 CFR 1.429(e). The full text 
of these documents are available for viewing and copying in the 
Reference Room, 1250 23rd Street, N.W., Plaza Level, Washington, D.C. 
or may be purchased from the Commission's copy contractor ITS, Inc. 
(202) 857-3800. Opposition to both of the petitions listed below must 
be filed on or before April 6, 1995, of the date of public notice of 
these petitions in the Federal Register. See Sec. 1.4(b)(1) of the 
Commission's rules (47 CFR 1.4(b)(1)). Replies to an opposition must be 
filed [[Page 15146]] within 10 days after the time for filing 
oppositions has expired.
    For further information contact Michelle M. Carey, Common Carrier 
Bureau, at (202) 418-0960.

Subject: 
    In the Matter of Authority to Issue Subpoenas (FCC 94-319)
Filed By:
    Mark J. Golden, Vice President of the Personal Communications 
Industry Association on 01-26-95
    Gregory Widney, Senior Vice President of ICORE on 01-26-95

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-7016 Filed 3-21-95; 8:45 am]
BILLING CODE 6712-01-M
EXHIBIT 32(b)

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-QSB of OPENLiMiT, Inc. (Registrant) for the quarterly period ended March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (Report), I, Marc Gurov, chief financial officer, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

|(1) |  | This 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 this Report fairly represents, in all material respects, the financial condition and results of operation of the Registrant.
|--- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------

/s/ Marc Gurov

Marc Gurov

Chief Financial Officer

May 12, 2006

This certification accompanies this Report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by Registrant for the purposes of §18 of the Securities Exchange Act of 1934, as amended. This certification shall not be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of this Report), irrespective of any general incorporation language contained in such filing.

A signed original of this written statement required by §906 has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 29, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3935

ECM Industries LLC: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions

_5-30-2019.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
I 

118TH CONGRESS 

1ST SESSION H. R. 4916 

To amend the Inflation Reduction Act of 2022 to repeal restrictions on 

onshore wind and solar. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 26, 2023 

Ms. KAMLAGER-DOVE (for herself, Mr. GRIJALVA, Ms. LEE of California, Ms. 

CLARKE of New York, Ms. NORTON, Mr. SCOTT of Virginia, Ms. MCCOLLUM, Mr. CLEAVER, Mr. CARBAJAL, Ms. LEE of Pennsylvania, Mr. IVEY, 

Mr. BOWMAN, Mr. BEYER, Ms. CASTOR of Florida, Ms. VELA ́ZQUEZ, Ms. 

TLAIB, Mr. TRONE, Mr. PALLONE, Ms. TITUS, Ms. OCASIO-CORTEZ, 

Mrs. FOUSHEE, Mr. ESPAILLAT, Mr. MULLIN, and Mr. HUFFMAN) introduced the following bill; which was referred to the Committee on Natural 

Resources 

A BILL 

To amend the Inflation Reduction Act of 2022 to repeal 

restrictions on onshore wind and solar. 

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 ‘‘Comprehensive Legis5 lation for Expanding and Advancing Nonrestrictive En6 ergy Act’’ or the ‘‘CLEAN Energy Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 4916 IH

1 SEC. 2. REPEAL OF ONSHORE WIND AND SOLAR LEASING 

2 RESTRICTIONS. 

3 Paragraph (1) of section 50265(b) of Public Law 

4 117–169 (43 U.S.C. 3006(b)) is repealed. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS