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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA

 

 Before the Court is the parties’ Joint Motion (Unopposed) to Extend Time to 

Respond to the Government’s (Sealed) Motion to Compel Destruction of Inadvertently 

Disclosed Documents (Doc. 343), Motion for Access to Joint Representation and Joint 

Defense Agreements Previously Submitted by Defendants Michael Lacey And James 

Larkin for In Camera Review (Doc. 354), and Motion for Clarification Re Order to Resolve 

Attorney-Client Privilege (Doc. 355) (Doc. 358), in which the parties request an extension 

of the deadline for the Defendants to file responses to Government’s Motion to Compel 

Destruction of Inadvertently Disclosed Documents (Doc. 343), Government’s Motion for 

Access to the Joint Representation and Joint Defense Agreements Previously Submitted by 

Defendants Michael Lacey and James Larkin for In Camera Review (Doc. 354), and 

Government’s Motion for Clarification Re Order to Resolve Attorney-Client Privilege 

Issues (Doc. 355). Finding good cause appearing, 

IT IS ORDERED that the Joint Motion to Extend Time (Doc. 358) is granted. 

Defendants shall have until November 19, 2018 to file responses to Government’s Motion 

 United States of America, 

 

Plaintiff, 

vs. 

Michael Lacey, et al., 

Defendants. 

)

) 

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No. CR-18-00422-PHX-SPL 

ORDER 

 

Case 2:18-cr-00422-DJH Document 359 Filed 11/02/18 Page 1 of 2
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to Compel Destruction of Inadvertently Disclosed Documents (Doc. 343), Government’s 

Motion for Access to the Joint Representation and Joint Defense Agreements Previously 

Submitted by Defendants Michael Lacey and James Larkin for In Camera Review 

(Doc. 354), and Government’s Motion for Clarification Re Order to Resolve AttorneyClient Privilege Issues (Doc. 355). 

 Dated this 2nd day of November, 2018. 

Honorable Steven P. Logan 

United States District Judge 

 

Case 2:18-cr-00422-DJH Document 359 Filed 11/02/18 Page 2 of 2
EXHIBIT 10.11

FIRST AMENDMENT

TO

FIRST AMENDED AND RESTATED EMPLOYMENT AGREEMENT

THIS FIRST AMENDMENT TO THE
FIRST AMENDED AND RESTATED EMPLOYMENT AGREEMENT, made as of the 1stday of January 2005, by and between
COMMONWEALTH BIOTECHNOLOGIES, INC., a Virginia corporation (the Employer), and JAMES H. BRENNAN (the Officer).

WHEREAS, the Employer and the Officer previously entered into a First Amended and Restated Employment Agreement, dated as of January 1, 2005 (the Initial Agreement); and

WHEREAS, the Initial Agreement contained an equation to determine certain performance-based cash, restricted stock and incentive option bonuses;
and

WHEREAS, the Employer and the Officer wish to amend the Initial Agreement to correct a mathematical error contained therein.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto,
the Employer and the Executive hereby amend the Initial Agreement as follows:

1. The equation contained in Section 3(c) is hereby
removed in its entirety and replaced with the following:

A + (A * (1-B)) = C

2. All other portions of the Initial Agreement remain in effect.

IN WITNESS WHEREOF, this Agreement has been executed as a sealed instrument by the Employer, by its duly authorized officer, and by the Executive, as of the date first above written.



COMMONWEALTH BIOTECHNOLOGIES, INC.By:

/s/ Richard J. Freer, Ph.D.Name:

Richard J. Freer, Ph.D.Title:

Chairman and Chief Operating OfficerDate:

7/1/06/s/ James H. BrennanJames H. BrennanAddress:

601 Biotech DriveRichmond, Virginia 23235Date:

2/1/06
Case 2:18-cr-00422-DJH Document 50 Filed 04/06/18 Page 1 of 1
Case 4:18-cv-00139-CKJ--LCK Document 1 Filed 03/13/18 Page 1 of 9
Case 4:18-cv-00139-CKJ--LCK Document 1 Filed 03/13/18 Page 2 of 9
Case 4:18-cv-00139-CKJ--LCK Document 1 Filed 03/13/18 Page 3 of 9
Case 4:18-cv-00139-CKJ--LCK Document 1 Filed 03/13/18 Page 4 of 9
Case 4:18-cv-00139-CKJ--LCK Document 1 Filed 03/13/18 Page 5 of 9
Case 4:18-cv-00139-CKJ--LCK Document 1 Filed 03/13/18 Page 6 of 9
Case 4:18-cv-00139-CKJ--LCK Document 1 Filed 03/13/18 Page 7 of 9
Case 4:18-cv-00139-CKJ--LCK Document 1 Filed 03/13/18 Page 8 of 9
Case 4:18-cv-00139-CKJ--LCK Document 1 Filed 03/13/18 Page 9 of 9
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4844-3757-0170v.1 3710078-000079

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff, 

v. 

Michael Lacey, et al.,

Defendants. 

No. 18-CR-00422-SPL 

[PROPOSED] ORDER GRANTING 

FURTHER STAY OF SEIZURE OF FUNDS IN 

ATTORNEYS’ TRUST ACCOUNTS

Before the Court is Defendants James Larkin, Michael Lacey, Scott Spear, and John Brunst 

Joinder in the Emergency Motion to Stay Seizure of Attorneys’ Fees and Request to Extend

Temporary Relief. Defendants request that the Court extend the Order entered on November 8, 

2018 (Doc. 361) to stay seizure warrants for other attorney trust accounts. See Warrant Application 

and Affidavit, In the Matter of the Seizure of: JP Morgan Chase Bank Funds: Up To and Including 

$10,000 Held in Account XXXXX9285; Up To and Including $100,000 Held in Account 

XXXXX4381; Up To and Including $250,000 Held in Account XXXXX9698; and Up To and 

Including $100,000 Held in Account XXXXX5397, No. 2:18-MJ-2875 (C.D. Cal. Oct. 31, 2018) 

(Doc. 3-1, under seal). For good cause appearing, 

IT IS ORDERED that the relief requested in Defendants’ Motion is temporarily granted 

pending a hearing on the Emergency Motion to Stay (Doc. 360; see also Docs. 360-1, 363, 363-1),

scheduled for November 16, 2018 at 9:00 a.m. in Courtroom 501, 401 West Washington Street, 

Phoenix, AZ 85003 before Judge Steven P. Logan. 

Case 2:18-cr-00422-DJH Document 366-1 Filed 11/09/18 Page 1 of 2
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IT IS FURTHER ORDERED that excludable delay under 18 U.S.C. § 3161(h)(1)(D) will 

occur as a result of the grant of this Order.

DATED this _____ day of ______________, 2018.

_________________________________

Honorable Steven P. Logan

United States District Judge

Case 2:18-cr-00422-DJH Document 366-1 Filed 11/09/18 Page 2 of 2
Exhibit 10.13(b)  


 SECOND AMENDMENT TO THE  


 SKYWEST, INC.  


 2006 LONG-TERM INCENTIVE PLAN  


        THIS SECOND AMENDMENT TO THE SKYWEST, INC. 2006 LONG-TERM INCENTIVE PLAN (this "Amendment") is made and adopted this
        day of                  , 2007, by SkyWest, Inc. 



        WHEREAS,
SkyWest, Inc. (the "Company") maintains the SkyWest, Inc. 2006 Long-Term Incentive Plan (the "Plan") for the benefit of its employees and the employees
of its participating subsidiaries; and 


        WHEREAS,
it is necessary and desirable to amend the Plan to provide that cash dividends on unvested shares of restricted stock will be retained by the Company and not paid to the
participant unless and until the shares of restricted stock vest; and 


        WHEREAS,
the Company, acting through its Board of Directors (the "Board"), has reserved the right to amend the Plan at any time and from time to time; and 


        WHEREAS,
the Board has approved and adopted this Amendment. 


        NOW,
THEREFORE, Section 7.3 of the Plan is amended to read as follows, effective as of the date first above written: 



        "7.3.    Rights of Holders of Restricted Stock.    Beginning on the date of grant of the Restricted Stock Award and
subject to execution of the Award Agreement, the Participant shall become a shareholder of the Company with respect to all Shares subject to the Award Agreement and shall have all of the rights of a
shareholder, including the right to vote such Shares; provided, however, that except as set forth in the applicable Award Agreement: (a) cash dividends or other cash distributions payable
during the applicable Vesting Period with respect to Restricted Stock awarded after April 1, 2008 shall instead be retained by the Company or its designee and either paid to the Participant
when the underlying Restricted Stock vests, or forfeited to the extent the underlying shares of Restricted Stock do not vest; and (b) any Shares or any other property (other than cash)
distributed as a dividend or otherwise with respect to any Restricted Stock as to which the restrictions have not yet lapsed shall be subject to the same restrictions and risk of forfeiture as such
Restricted Stock." 




        Except
as provided above, the Plan is hereby ratified and confirmed in all respects. 


        IN
WITNESS WHEREOF, the Company has caused this Amendment to be executed by its duly authorized officer effective as of the date first above written. 



					
	 	 	SKYWEST, INC.
	  	 	 	 	 
	

 	
 	
By:
	 	 	 	 	





  
	 	 	Name:
	 	 	 	 	





  
	 	 	Title:
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 on Form 10-K of Northway Financial, Inc.
      (the
“Company”) for the year ended December 31, 2005, as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), the undersigned Chief
      Financial Officer and Treasurer for 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:




(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.





This
      certification is provided solely pursuant to 18 U.S.C. Section 1350 and Item
      601(b)(32) of Regulation S-K (“Item 601(b)(32)”) promulgated under the
      Securities Act of 1933 (the “Securities Act”) and the Securities Exchange Act of
      1934 (the “Exchange Act”). In accordance with clause (ii) of Item 601(b)(32),
      this certification (A) shall not be deemed “filed” for purposes of Section 18 of
      the Exchange Act, or otherwise subject to the liability of that section, and
      (B)
      shall not be deemed to be incorporated by reference into any filing under the
      Securities Act or the Exchange Act, except to the extent that the Company
      specifically incorporates it by reference.






/s/
                RICHARD P. ORSILLORichard
                P. OrsilloSenior
                Vice President, Chief Financial Officer and TreasurerDate:
                March 24, 2006
EXHIBIT 32.1

                                SAVWATT USA, INC.
                             A Delaware Corporation
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of SavWatt USA, Inc. ("Company") on Form
10-Q for the period ended September 31, 2007, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Isaac H. Sutton,
President and Chief Financial Officer, 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.


Dated: August 23, 2010                     /s/  Isaac H. Sutton
                                           -------------------------------------
                                      By:  Isaac H. Sutton
                                      Its: President and Chief Financial Officer
                                           (Principal Executive Officer)
                                           (Principal Financial Officer)
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3887983.1

MOTION FOR LEAVE FOR DEFENDANT JOHN BRUNST AND COUNSEL TO APPEAR TELEPHONICALLY

Gary S. Lincenberg (admitted pro hac vice)

 glincenberg@birdmarella.com

Ariel A. Neuman (admitted pro hac vice)

 aneuman@birdmarella.com

Gopi K. Panchapakesan (admitted pro hac vice)

 gkp@birdmarella.com

BIRD, MARELLA, BOXER, WOLPERT, NESSIM,

DROOKS, LINCENBERG & RHOW, P.C.

1875 Century Park East, 23rd Floor

Los Angeles, California 90067-2561

Telephone: (310) 201-2100

Facsimile: (310) 201-2110

Attorneys for Defendant John Brunst

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff,

vs.

Michael Lacey, et al.,

Defendants.

CASE NO. 2:18-cr-00422-004-PHX-DJH

MOTION FOR LEAVE FOR 

DEFENDANT JOHN BRUNST AND 

COUNSEL TO APPEAR 

TELEPHONICALLY

Date: September 5, 2023

Time: 10:30 A.M.

Crtrm.: Special Proceedings Courtroom

Case 2:18-cr-00422-DJH Document 1748 Filed 09/03/23 Page 1 of 2
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3887983.1 2

MOTION FOR LEAVE FOR DEFENDANT JOHN BRUNST AND COUNSEL TO APPEAR TELEPHONICALLY

Mr. Brunst and his counsel (Mr. Panchapakesan) seek leave from the Court to 

attend the September 5, 2023 Status Conference telephonically. Mr. Panchapakesan will 

be covering the trial proceedings this week, and the timing of the Status Conference 

conflicts with his travel plans.

DATED: September 3, 2023 Respectfully submitted,

Gary S. Lincenberg

Ariel A. Neuman

Gopi K. Panchapakesan

Bird, Marella, Boxer, Wolpert, Nessim,

Drooks, Lincenberg & Rhow, P.C.

By: /s/ Gopi K. Panchapakesan

Gopi K. Panchapakesan

Attorneys for Defendant John Brunst

Case 2:18-cr-00422-DJH Document 1748 Filed 09/03/23 Page 2 of 2
COURT OF APPEALS OF VIRGINIA 

Present: Judges Willis, Bray and Overton 

Argued at Norfolk, Virginia 

RICHARD DWIGHT HITE, JR. 

 MEMORANDUM OPINION* BY 

v. Record No. 2268-95-1 JUDGE NELSON T. OVERTON 

 OCTOBER 15, 1996 

COMMONWEALTH OF VIRGINIA 

 FROM THE CIRCUIT COURT OF THE CITY OF WILLIAMSBURG AND 

COUNTY OF JAMES CITY 

 Russell M. Carneal, Judge Designate 

 Jon M. Babineau for appellant. 

 John K. Byrum, Jr., Assistant Attorney 

General (James S. Gilmore, III, Attorney 

General, on brief), for appellee. 

 Richard Dwight Hite, a juvenile, appeals his convictions of 

robbery and use of a firearm in the commission of a robbery. 

Hite takes issue primarily with the transfer procedure from the 

Juvenile and Domestic Relations Court to the Circuit Court. 

 Hite argues that the circuit court judge did not review the 

documents sent up from the lower court to ensure that they were 

properly completed. As support for his argument, he offers a 

typographical error on one transfer order. This contention has 

no merit. The record contains no evidence that the judge did not 

review the documents. We cannot reach that conclusion upon the 

bare assertion by the defendant. Furthermore, Code 

§ 16.1-269.6(B)(i) only requires the judge to examine the 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
- 2 - 

transfer documents if either the juvenile or the Commonwealth 

appeals the transfer. Neither occurred in this case. 

 Hite next argues that the typographical error itself and the 

failure of the circuit court to advise the Commonwealth to seek 

indictments prohibited the circuit court from assuming 

jurisdiction. These objections were not raised before the 

arraignment, however, and are waived. Code § 16.1-169.6(E). 

 We find no reversible error present in the trial at the 

circuit court, and we therefore affirm the convictions. 

 Affirmed.
ex109.htm


     

    Exhibit
10.9


    


     

    OUTSIDE
DIRECTOR COMPENSATION PACKAGE

     

    Effective
January 1, 2009, CompuCredit Corporation (the “Company”) will pay each outside
director who is independent in accordance with the NASDAQ and SEC rules
governing director independence (an “Eligible Director”) the following for
service to the Company:

    


    
      
        
          
            
              
                	
                        Annual
      Cash Retainer

                      	 	$	50,000	 
	
                        Attendance
      Fee for Each Board Meeting (including telephonic
    attendance)

                      	 	$	2,500	 
	
                        Attendance
      Fee for Each Committee Meeting (including telephonic
      attendance)

                      	 	$	1,000	 


              

            

          

        

      

    

     

    In
addition, the Chairman of the Audit Committee will receive an additional annual
fee of $25,000.  The Chairman of each of the Nominating and Corporate
Governance Committee and the Compensation Committee will receive an additional
annual fee of $5,000.

     

    Each
Eligible Director also will receive an annual restricted stock award of 28,000
shares.  The restricted stock award will vest in two equal annual
installments beginning on the first anniversary of the grant date.

     

    The
Company will also reimburse all reasonable out-of-pocket travel expenses that
are incurred in connection with board and committee meetings.
**EXHIBIT 31.3**

 

**CERTIFICATIONS**

 

I, Samuel T. Spadafora, certify that: 

 

1.  I have reviewed this Annual Report on Form 10-K of Chordiant Software, Inc.; 

 

2.  Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state amaterial 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 annualreport, 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 annual report; 

 

4.  The registrant’s other certifying officers and I areresponsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) forthe registrant and 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 itsconsolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this annual report is being prepared; 

 

b.  designed such internal control over financial reporting, or caused such internal control over financial reporting to bedesigned under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

 

c.  evaluated the effectiveness ofthe 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 

 

d.  disclosed in this reportany change in the registrant’s internal control over financial reporting that occurred during registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to affect, the registrant’s internal controlover financial reporting. 

 

5.  The registrant’sother 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 registrant’s board of directors (or personsperforming 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.
EXHIBIT 3A

Case 2:18-cr-00422-DJH Document 498-10 Filed 03/12/19 Page 1 of 5
Case 2:18-cr-00422-DJH Document 498-10 Filed 03/12/19 Page 2 of 5
Case 2:18-cr-00422-DJH Document 498-10 Filed 03/12/19 Page 3 of 5
Case 2:18-cr-00422-DJH Document 498-10 Filed 03/12/19 Page 4 of 5
Case 2:18-cr-00422-DJH Document 498-10 Filed 03/12/19 Page 5 of 5
#### STATE of Missouri, Respondent, v. Cheryl J. BURFIEND, Appellant.

No. WD 49346.

Missouri Court of Appeals, Western District.

Dec. 20, 1994.

Richard A. Euler, Asst. Public Defender, St. Joseph, for appellant.

Dwight K. Scroggins, Pros. Atty., Laura B. Donaldson, Asst. Pros. Atty., Buchanan County, St. Joseph, for appellee.

Before ULRICH, P.J., and KENNEDY and BERREY, JJ.

*PER CURIAM.*

*ORDER*

Defendant appeals from her conviction and one year county jail sentence for possession of marijuana. Section 195.202, RSMo Cum. Supp.1993.

The judgment of conviction is affirmed. Rule 30.25(b).
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth ___________________________

No. 02-23-00358-CV

___________________________

On Appeal from the 96th District Court

Tarrant County, Texas

Trial Court No. 096-291939-17

Before Kerr, Birdwell, and Bassel, JJ.

Per Curiam Memorandum Opinion

LASKO PRODUCTS, LLC, Appellant

V.

MARIA G. SIFUENTES, Appellee
2

MEMORANDUM OPINION AND JUDGMENT

We have considered “Appellant Lasko Products, Inc.’s Motion to Dismiss.”

We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1), 43.2(f).

Each party must bear its own costs of appeal. See Tex. R. App. P. 42.1(d), 43.4.

Per Curiam

Delivered: May 2, 2024
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 Quarterly Report on Form 10-Q of Lightlake Therapeutics Inc. (the “Company") for the three month ended January 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Dr. Roger Crystal, as Chief Executive Officer of the Company, hereby certifies, 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) 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: 3/17/11                           By: /s/ Seijin Ki


Seijin Ki


Chief Financial Officer





This certification accompanies each Report pursuant to ss. 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 the Company for purposes of ss.18 of the Securities Exchange Act of 1934, as amended.





A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.