alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Administrative Office of the United States Courts FOR COURT USE ONLY

TRANSCRIPT ORDER

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AZ Form (Rev. )

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'$<6

CERTIFICATION (19. & 20.)By signing below, I certify that I will pay all charges

(deposit plus additional).

Kenneth M. Miller (949) 369-3700 May 3, 2018

Bienert, Miller & Katzman PLC

903 Calle Amanecer, #350 San Clemente CA 92673

18-cr-422-02-PNX-SPL Mag. John Z. Boyle April 16, 2018

USA v. JAMES LARKIN (2) Phoenix Arizona

✔

✔

✔ April 16, 2018

✔ ✔

pkralich@bmkattorneys.com

/s/ Kenneth M. Miller

May 3, 2018

Case 2:18-cr-00422-DJH Document 132 Filed 05/03/18 Page 1 of 1
#### Arlester SCOTT, Appellant, v. STATE of Missouri, Respondent.

No. WD 51998.

Missouri Court of Appeals, Western District.

Submitted Aug. 9, 1996.

Decided Oct. 8, 1996.

James C. Cox, Asst. Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl A. Caponegro, Asst. Atty. Gen., Jefferson City, for respondent.

Before HANNA, P.J., and SMART and EDWIN H. SMITH, JJ.

*ORDER*

PER CURIAM.

Arlester Scott appeals the denial of his Rule 24.035 motion for post-conviction relief, without an evidentiary hearing.

The judgment denying the motion is affirmed. The decision is without precedential value. The parties have been furnished a memorandum of the reason for the decision. Rule 84.16(b).
EXHIBIT 32




<PAGE>



      In connection with the Quarterly Report of Springbank Resources, Inc. (the
"Company") on Form 10-QSB for the period ending November 30, 2006 as filed with
the Securities and Exchange Commission (the "Report"), Clint R. Black, the Chief
Executive Officer and Philip F. Grey, the Principal Financial Officer of the
Company, certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of her
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 results of the Company.



February 20, 2007                      /s/ Clint R. Black
                                       ----------------------------------------
                                       Clint R. Black, President and Chief
                                       Executive Officer


February 16, 2007                      /s/ Philip F. Grey
                                       ---------------------------------
                                       Philip F. Grey, Principal Financial
                                       Officer
Exhibit 32.1


CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350


COVIDIEN PLC


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 filing of the Quarterly Report of Covidien plc (the “Company”) on Form 10-Q/A for the period ended June 29, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned officers of Covidien plc hereby certify that the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





/S/    José E. AlmeidaJosé E. AlmeidaChairman, President and Chief Executive OfficerAugust 9, 2012/S/    Charles J. DockendorffCharles J. DockendorffExecutive Vice President and Chief Financial OfficerAugust 9, 2012
D
E V I S S E R G R A Y L L P


CHARTERED
ACCOUNTANTS





401 - 905
West Pender Street


Vancouver,
BC Canada


V6C
1L6





Tel:
(604) 687-5447


Fax:
(604) 687-6737




CONSENT
OF INDEPENDENT AUDITORS





To the
Board of Directors,


Atna
Resources Ltd.





We
consent to the inclusion in the Annual Report of Atna Resources Ltd. on Form
20-F of our report to the shareholders on certain of the consolidated financial
statements of that company for the year ended December 31, 2007. Our report was
dated March 27, 2008, except as to Note 3 which is as at March 26,
2010.





/s/“De Visser Gray
LLP”





Chartered
Accountants


Vancouver,
BC, Canada


March 26,
2010













CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We hereby
consent to the inclusion in the Annual Report of Atna Resources Ltd. on Form
20-F of our report dated on March 25 2010, relating to the consolidated
financial statements of the Company for the year ended December 31,
2009.
  /s/ Ehrhardt
      Keefe Steiner & Hottman PCEhrhardt
      Keefe Steiner & Hottman PC
 Denver,
Colorado
 March 25,
2010
Form of Waiver, executed by each of the Senior Executive Officers



 Exhibit 10.2 
 WAIVER 
 In consideration for the benefits I will receive as a result of my employer’s
participation in the United States Department of the Treasury’s TARP Capital Purchase Program, I hereby voluntarily waive any claim against the United States or my employer for any changes to my compensation or benefits that are required to
comply with the regulation issued by the Department of the Treasury as published in the Federal Register on October 20, 2008. 
 I
acknowledge that this regulation may require modification of the compensation, bonus, incentive and other benefit plans, arrangements, policies and agreements (including so-called “golden parachute” agreements) that I have with my employer
or in which I participate as they relate to the period the United States holds any equity or debt securities of my employer acquired through the TARP Capital Purchase Program. 
 This waiver includes all claims I may have under the laws of the United States or any state related to the requirements imposed by the aforementioned
regulation, including without limitation a claim for any compensation or other payments I would otherwise receive, any challenge to the process by which this regulation was adopted and any tort or constitutional claim about the effect of these
regulations on my employment relationship. 
  

					
	Name of Senior Executive Officer:	 	  
	 	
			
	Signature of Senior Executive Officer:	 	  
	 	
			
	Date Signed:
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 721 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 721

  Expressing the sense of the House of Representatives that any major 
health care reform bill considered on the floor of the House should be 
              available for viewing for 30 calendar days.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2009

 Mr. Lewis of California submitted the following resolution; which was 
                   referred to the Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
  Expressing the sense of the House of Representatives that any major 
health care reform bill considered on the floor of the House should be 
              available for viewing for 30 calendar days.

Whereas the House of Representatives is considering major health reform 
        legislation that will affect the lives of every American;
Whereas over the August district work period Members of the House of 
        Representatives heard from overwhelming numbers of constituents about 
        potential changes to the health care delivery system;
Whereas health care spending in the United States constitutes more than 17 
        percent of gross domestic product (GDP);
Whereas the Congressional Budget Office estimates that the Federal budget 
        deficit for 2009 will total $1,600,000,000,000, which is 11.2 percent of 
        gross domestic product; and
Whereas the Congressional Budget Office estimates that early drafts of health 
        care reform legislation could add $239,000,000,000 to the deficit over 
        ten years: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that, due to the potential for sweeping changes to our Nation's health 
care delivery system, any major health care reform bill that comes to 
the floor of the House of Representatives in final form should be 
available to Members to view in hard copy and available online to the 
public in a downloadable and searchable format for 30 calendar days 
prior to the final vote on such bill.
                                 <all>
```
EX-10.4(D)






Exhibit
10.4 (d)



AMENDMENT NO. 1 TO THE MYLAN INC.

AMENDED AND RESTATED 2003 LONG-TERM INCENTIVE PLAN




THIS AMENDMENT TO THE MYLAN INC. AMENDED AND RESTATED 2003 LONG-TERM INCENTIVE PLAN (this
“Amendment”) is made as of December 17, 2008.




WHEREAS, Section 11.18 permits Mylan Inc., a Pennsylvania corporation (the “Company”), to
amend the Mylan Inc. 2003 Long-Term Incentive Plan (the “Plan”) in order to comply with Section
409A of the Internal Revenue Code; and




WHEREAS, the Board of Directors of the Company has approved such amendments; and




WHEREAS, the Company hereby amends the Plan as set forth below to comply with Section 409A of
the Internal Revenue Code;




NOW, THEREFORE, the Plan is hereby amended as follows:





	1.	The following sentence is hereby added to the end of Section 7.03 of the Plan:
	 
	 	 	Notwithstanding anything to the contrary in this Plan or any Award Agreement, to the
extent that any Awards are payable upon a termination of employment and such payment
would result in the imposition of any individual excise tax and late interest charges
imposed under Section 409A of the Code, the settlement and payment of such Awards shall
instead be made on the first business day after the date that is six (6) months
following such termination of employment (or death, if earlier).
	 
	2.	The following sentences are hereby added to the end of Section 11.18 of the Plan:
	 
	 	 	The intent of the parties is that payments and benefits under this Plan comply with
Section 409A of the Code to the extent subject thereto, and, accordingly, to the maximum
extent permitted, this Plan shall be interpreted and be administered to be in compliance
therewith. Notwithstanding anything contained herein to the contrary, to the extent
required in order to avoid accelerated taxation and/or tax penalties under Section 409A
of the Code, Participants shall not be considered to have terminated employment with the
Company for purposes of this Plan and no payment shall be due to Participants under this
Plan until such Participant would be considered to have incurred a “separation from
service” from the Company within the meaning of Section 409A of the Code. Any payments
described in this Plan that are due within the “short term deferral period” as defined
in Section 409A of the Code shall not be treated as deferred compensation unless
applicable law requires otherwise.
	 
	3.	This Amendment shall be governed by, interpreted under and construed in accordance with the
laws of the Commonwealth of Pennsylvania.
	 
	4.	Except as modified by this Amendment, the Plan is hereby confirmed in all respects.




 









 











     IN WITNESS WHEREOF, this Amendment has been duly executed and delivered as of the date and the
year first written above.



	 	 	 	 	 
	 	MYLAN INC.

 	 
	 	/s/ Heather Bresch
 	 
	 	By:  Heather Bresch 	 
	 	Title:  	Chief Operating Officer 	 



2
#### Carl SHARP, Appellant, v. STATE of Missouri, Respondent,

No. WD 41241.

Missouri Court of Appeals, Western District.

May 16, 1989.

Sean D. O’Brien, Public Defender, David S. Durbin, Asst. Public Defender, Kansas City, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before KENNEDY, C.J., GAITAN, J., and CONNETT, Special Judge.

ORDER

PER CURIAM.

Defendant appeals the trial court’s decision not to grant him credit for time spent on probation prior to revocation. The judgment of the trial court is affirmed. Rule 84.16(b).
EX-10.8






Exhibit 10.8




AMENDMENT NO. 2 TO THE LIFEPOINT HOSPITALS, INC.

1998 LONG-TERM INCENTIVE PLAN




     This Amendment to the LifePoint Hospitals, Inc. 1998 Long-Term Incentive Plan (the
“Plan”) is made on this 10th day of December, 2008.



     WHEREAS, LifePoint Hospitals, Inc. (the “Company”) established the Plan in order to provide a
proprietary interest in the Company through stock ownership and other rights;



     WHEREAS, Section 15.3 of the Plan provides that the board of directors of the Company may
amend the Plan; and



     WHEREAS, the Company desires to amend the Plan in order to comply with Section 409A of the
Internal Revenue Code of 1986;



     NOW, THEREFORE, the Plan is hereby amended by the addition of the following, effective January
1, 2009:


1. Notwithstanding the applicable provisions of this Plan regarding timing of distribution of
payments, the following special rules shall apply in order for this Plan to comply with section
409A of the Code: (i) to the extent any distribution is to a “specified employee” (as defined under
section 409A of the Code) and to the extent such applicable provisions of section 409A of the Code
and the regulations thereunder require a delay of such distributions by a six-month period after
the date of such Employee’s separation from service with the Company, no such distribution shall be
made prior to the date that is six months after the date of the Employee’s separation from service
with the Company, and (ii) any such delayed payments shall be paid to the Employee in a single lump
sum within five business days after the end of the six-month delay.



2. Notwithstanding anything herein to the contrary in this Agreement, to the extent that any
benefit under this Agreement is payable upon an event involving an Employee’s cessation of
services, such payment(s) shall not be made unless such event constitutes a “Separation from
Service” pursuant to the default definition in section 1.409A-1(h) of the U.S. Treasury
Regulations.



3. Notwithstanding anything herein to the contrary, payments of Performance Awards shall be made as
soon as administratively feasible following the end of the performance period (the “payment date”),
but in any event shall be paid no later than the later of (i) the end of the calendar year that
includes the payment date or (ii) the date that is 21/2 months after the payment date. For these
purposes, in the event a payment is subject to a six-month delay to comply with Section 409A of the
Code, the payment date shall be considered the end of the six-month delay.



4. To the extent of any compliance issues under Internal Revenue Code Section 409A, the Plan shall
be construed in such a manner so as to comply with the requirements of such provision so as to
avoid any adverse tax consequences to the Employee.




 









 








     IN WITNESS WHEREOF, the undersigned officer of the Company has executed this Amendment on the
date first written above.



	 	 	 	 	 
	 	LIFEPOINT HOSPITALS, INC.

 	 
	 	By:  	/s/
John P. Bumpus 	 
	 	 	Its: 	Executive
Vice President 

and Chief Administrative Officer
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 500 Referred to Committee House (RTH)]

111th CONGRESS
  1st Session
H. RES. 500

 Directing the Committee on Standards of Official Conduct to report to 
  the House of Representatives on the actions the Committee has taken 
  concerning any misconduct of Members and employees of the House in 
              connection with activities of the PMA Group.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2009

              Mr. Hoyer submitted the following resolution

                              June 3, 2009

   By motion of the House, referred to the Committee on Standards of 
                            Official Conduct

_______________________________________________________________________

                               RESOLUTION

 
 Directing the Committee on Standards of Official Conduct to report to 
  the House of Representatives on the actions the Committee has taken 
  concerning any misconduct of Members and employees of the House in 
              connection with activities of the PMA Group.

Whereas there have been allegations in the media concerning the improper 
        involvement of Members of the House of Representatives in certain 
        activities of the PMA Group; and
Whereas according to these media accounts and the statements of those involved, 
        the Department of Justice is conducting an investigation into such 
        activities of the PMA Group: Now, therefore, be it
    Resolved, That not later than 45 days after the adoption of this 
resolution, the Committee on Standards of Official Conduct shall report 
to the House of Representatives on the actions the Committee has taken, 
if any, concerning any misconduct of Members and employees of the House 
in connection with such activities of the PMA Group.
                                 <all>
```
---

EXHIBIT 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Jim MacKenzie, hereby 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 Quarterly Report on Form 10-Q of Silverstar Mining
      Corp. for the period ended December 31, 2008 (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 Silverstar Mining Corp.                                                                    

Dated: February 12, 2009

*/s/ Jim
Mackenzie*Jim MackenzieTitle: President and Director
Principal Executive Officer Silverstar Mining Corp.

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Silverstar
Mining Corp. and will be retained by Silverstar Mining Corp. and furnished to
the Securities and Exchange Commission or its staff upon request.

---
<PAGE>
 
                                                                      Exhibit 12

             COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES (1)
                          (In Thousands, except ratio)


<TABLE>
<CAPTION>
 
                                               1998         1997          1996          1995        1994
                                            -----------  -----------  -------------  ----------  -----------
<S>                                         <C>          <C>          <C>            <C>         <C>
EARNINGS
Pre-tax income (loss)                         $55,069      $25,153     $(191,394)     $34,913      $65,380
Fixed charges                                  15,865       16,683        17,913       19,594       13,911
                                            ------------------------------------------------------------------
Total(a)                                      $70,934      $41,836     $(173,481)     $54,507      $79,291
                                            ==================================================================
 
FIXED CHARGES
Interest expense and amortization of                                   
 debt discount and premium on all
 indebtedness                                 $15,009      $15,768     $  17,052      $18,734      $13,051
Interest portion of rental expense                856          915           861          860          860
                                        ------------------------------------------------------------------
Total fixed charges (b)                       $15,865      $16,683     $  17,913      $19,594      $13,911
                                        ==================================================================
 
Ratio of earnings to fixed                      
 charges(a)/(b)                                  4.5x         2.5x            (2)        2.8x         5.7x
</TABLE>

(1)  For purposes of determining this ratio, earnings (loss) consist of income
     before income taxes and extraordinary loss (1997), plus fixed charges.
     Fixed charges consist of interest expense and the portion of operating
     leases that management believes are representative of the interest factor.
(2)  Earnings were insufficient to cover fixed charges by $191.4 million in
     1996.
#### Marianne FENZL, Respondent, v. James GERHARDT, et al., Appellants, v. MAGNA BANK, f/k/a Landmark Bank of St. Charles, Respondent.

No. 63774.

Missouri Court of Appeals, Eastern District, Division Four.

Jan. 10, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Feb. 22, 1995.

William James O’Herin, Florissant, for appellant.

Brian E. McGovern, McCarthy, Leonard, Kaemmerer, Owen, Laderman & Lamkin, Chesterfield, for respondent.

Before AHRENS, P.J., and KAROHL and CRANE, JJ.

*ORDER*

PER CURIAM.

In this court-tried case, defendants appeal from judgments in favor of plaintiff in consolidated suits on a promissory note and for damages for fraud and misrepresentation.

No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

The judgment of the trial court is affirmed in accordance with Rule 84.16(b).