alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John Edward THIEL, Appellant, v. Aletha Eileen THIEL, Appellee.

No. 04-89-00064-CV.

Court of Appeals of Texas, San Antonio.

Nov. 22, 1989.

John Curney, Jr., Jorrie, Zucker & Assoc., Inc., San Antonio, for appellant.

James N. Higdon, Bass & Higdon, Inc., San Antonio, for appellee.

Before REEVES, CHAPA and BIERY, JJ.

OPINION

REEVES, Justice.

On the 28th day of July, 1989, appellant filed for relief pursuant to chapter 7 of the United States Bankruptcy Code. Appellant filed his Notice of Bankruptcy with this court on October 9, 1989, and the court noted that proceeding on October 9, 1989. Appellant contends that as a result of his bankruptcy filing, his appeal to this court along with any connected proceedings are stayed. Appellee filed a Response to Notice of Bankruptcy and Motion to Proceed with Appeal on October 11, 1989 with this court.

A review of the record of the trial court is in order. Appellant filed an Original Petition for Divorce in the 25th Judicial District Court of Guadalupe County. Ap-pellee filed an Original Answer and Counterclaim, and prior to trial appellee filed an Amended Answer and Amended Counterclaim. The trial court found judgment for appellee on her counterclaim.

If the debtor was the plaintiff in the court below, the stay does not apply; if the debtor was the defendant, any further action is stayed. *American Precision Vibrator Co. v. National Air Vibrator Co.,*771 S.W.2d 562, 563 (Tex.App.—Houston [1st Dist.] 1989, no writ). Bankruptcy Code 11 U.S.C. § 362 [ (a)(1) ] automatically stays all judicial proceedings “against the debtor.” This article has been interpreted as staying all appeals of proceedings *that were originally brought against the debt- or,*regardless of whether the debtor is the appellant or the appellee. *Star-Tel v. Nacogdoches Telecommunication,*755 S.W.2d 146, 150 (Tex.App.—Houston [1st Dist.] 1988, no writ) (emphasis added). *See also Freeman v. C.I.R.,*799 F.2d 1091, 1092-93 (5th Cir.1986); and *In Re Cobb,*88 B.R. 119 (Bankr.W.D.Tex.1988).

This is an appeal from a proceeding initiated by the appellant, thus the proceeding was not one originally brought against the debtor / appellant.

*931Accordingly, appellee’s motion to proceed with appeal is granted.
Case 2:18-cr-00422-DJH Document 15 Filed 04/06/18 Page 1 of 2
Case 2:18-cr-00422-DJH Document 15 Filed 04/06/18 Page 2 of 2
Exhibit 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER



Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Radio One, Inc.
(the Company) hereby certifies, to such officers knowledge, that:



(i) the accompanying Annual Report on Form 10-K of the Company for the year ended December 31, 2004 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange
Act of 1934, as amended; and



(ii) the information contained in the Report
fairly presents, in all material respects, the financial condition and results of operations of the Company.



Date: March 15, 2005



|       |  |                                                     
|------ |  | ----------------------------------------------------
|By:    |  | /s/ Scott R. Royster                                
|Name:  |  | Scott R. Royster                                    
|Title: |  | Executive Vice President and Chief Financial Officer



A signed original of this written
statement required by Section 906 has been provided to Radio One, Inc. and will be retained by Radio One, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
|   | 1. | The      Report fully complies with the requirements of Section 13(a) and 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      at the dates and for the periodsindicated. |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: November      19, 2009 | /s/ JASON M. MORTON                                          |
|-----------------------------------|--------------------------------------------------------------|
|                              | Jason      M. Morton                                         |
|                              | Chief      Financial Officer,                                |
|                              | III      to I International Maritime Solutions Cayman,  Inc. |

----
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1053 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1053

    To amend the National Law Enforcement Museum Act to extend the 
                           termination date.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2009

 Ms. Murkowski introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
    To amend the National Law Enforcement Museum Act to extend the 
                           termination date.

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

SECTION 1. NATIONAL LAW ENFORCEMENT MUSEUM ACT.

    Section 4(f) of the National Law Enforcement Museum Act (Public Law 
106-492) is amended by striking ``10 years'' and inserting ``13 
years''.
                                 <all>
```
|EXHIBIT 21
|----------

PMA Capital Corporation
Significant Subsidiaries of Registrant
As of December 31, 2001

PMA Capital Corporation (Pennsylvania) 

     PMA Capital Insurance Company (Pennsylvania)

          Pennsylvania Manufacturers' Association Insurance Company (Pennsylvania)

          Pennsylvania Manufacturers Indemnity Company (Pennsylvania)

          Manufacturers Alliance Insurance Company (Pennsylvania)

          Caliber One Indemnity Company (Delaware)

          PMA Re Corporate Capital Limited (UK)

          PMA Holdings Ltd. (Bermuda)

               Pennsylvania Manufacturers' International Insurance Ltd. (Bermuda)

     Mid-Atlantic States Investment Company (Delaware)

          PMA Holdings, Cayman Ltd. (Cayman)

          High Mountain Reinsurance, Ltd. (Cayman)

          PMA Insurance SPC, Cayman (Cayman)

     Caliber One Management Company, Inc. (Delaware)

     PMA Re Management Company (Pennsylvania)

     PMA Management Corporation (Pennsylvania)

     PMA Services Incorporated (Pennsylvania)

---
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UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America

Plaintiff,

v.

Andrew Padilla, et al.,

Defendant.

CR 18-00422-PHX-SRB

O R D E R

Upon the motion of the Defendant Andrew Padilla to waive his presence and to excuse his

attorney from appearing at the status conference set for June 24, 2019, at 11:00 a.m., for good

cause shown,

IT IS HEREBY ORDERED granting the Defendant’s motion (Doc. ) for the reasons

stated in the motion and waiving the presence of Defendant Padilla and excusing the appearance

of counsel for the Defendant at the status conference.

IT IS FURTHER ORDERED that no excludable delay under Title 18 U.S.C. § 3161

will occur as a result of this Order.

DATED 

 

 Susan M. Brnovich

 United States District Judge

Case 2:18-cr-00422-DJH Document 630-1 Filed 06/07/19 Page 1 of 1
Exhibit 10.33


 


[VIRGIN MEDIA LOGO]


 


Private & Confidential


 


Mr M Schweitzer


[Intentionally omitted]


 


28 November 2008


 


Dear Mark


 


Building
for Our Future: Changes to your Terms and Conditions


 


I am writing to confirm our conversations over the last few months
regarding both your role, as we build Virgin Media for the future, and the contract
terms relating to your release.


 


Mark, you play a critical role as Chief Commercial Officer and this
will continue as we move into and through our organisational transformation in
the coming months.  Your ability to
continually develop the Virgin Media brand will become even more critical as we
re-focus as a customer centric organisation.


 


Your current employment agreement ends on September 30, 2010, and
the terms of your employment are such that if your employment term is not
renewed, you would be entitled to a payment equal to half your annual base
salary, with a further potential six months payment if you did not find
alternative employment.  We have agreed
to amend your employment term to end on March 31, 2010 and also to amend your
non-renewal severance payment to a payment equal to half your annual base
salary only.  This letter constitutes an
amendment to your employment agreement dated September 18, 2007. There is no
change to any of your other terms and conditions.


 


You will continue to be considered an “executive officer” for SEC
reporting purposes.  In light of this change,
we will be filing a letter amendment with the SEC, acknowledging this.  Please do not hesitate to contact Bryan Hall,
the General Counsel, at 01256 753355 should you have any questions regarding
your obligations under U.S. securities law.


 


Please sign the second copy of this letter enclosed, and return to Lucy
Otter at Unit 1, Mayfair Business Park, Broad Lane, Bradford, BD4 8PW
indicating your acceptance of this.


 


Mark, as you know, we are entering a period
of significant transformation which must deliver a step change in efficiency
through the provision of world class customer service to all of our customers.  Your role as Chief Commercial Officer is
critical to this - I look forward to us delivering this together.


 


Yours sincerely


 


 


	
  /s/ Neil Berkett

  	
   

  
	
  Neil Berkett

  
	
  CEO

  



 

















 


I hereby confirm I have read, understood and accepted the terms outlined
in this letter:


 


 


	
  Signed: 

  	
  /s/ Mark Schweitzer

  	
   

  
	
   

  	
  Mark Schweitzer

  	
   

  
	
   

  	
   

  
	
  Date: November 28th, 2008
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-7777

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JEFFREY CLAWSON, a/k/a Jeff Carter, a/k/a Greg

Carter,

Defendant - Appellant.

Appeal from the United States District Court for the Middle

District of North Carolina, at Durham. William L. Osteen, Senior

District Judge. (2:92-cr-00057; 1:06-cv-00405)

Submitted: February 15, 2007 Decided: February 23, 2007

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jeffrey Clawson, Appellant Pro Se. Angela Hewlett Miller, OFFICE

OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Jeffrey Clawson seeks to appeal the district court’s

order dismissing as untimely his 28 U.S.C. § 2255 (2000) motion.

The order is not appealable unless a circuit justice or judge

issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)

(2000). A certificate of appealability will not issue absent “a

substantial showing of the denial of a constitutional right.” 28

U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Clawson has not

made the requisite showing. Accordingly, we deny a certificate of

appealability and dismiss the appeal. 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
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

v. 

Michael Lacey, 

Defendant. 

No. CR-18-00422-001-PHX-SMB 

ORDER 

 Upon Defendant Michael Lacey’s Unopposed Motion to Extend Time for Filing 

Reply in Further Support of Defendant Lacey’s Motion to Amend Conditions of Release, 

and good cause appearing, 

 IT IS HEREBY ORDERED extending the otherwise applicable time for filing 

Defendant Lacey’s reply in further support of his motion to amend conditions of release 

seven (7) days to be due on or before April 16, 2019. 

 Dated this 8th day of April, 2019. 

 

 

 

Case 2:18-cr-00422-DJH Document 519 Filed 04/08/19 Page 1 of 2
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Case 2:18-cr-00422-DJH Document 519 Filed 04/08/19 Page 2 of 2
Filed by Bowne Pure Compliance





Exhibit 10.17




GANNETT CO., INC.

OMNIBUS AMENDMENT

TO TERMS AND CONDITIONS OF

RESTRICTED STOCK AWARDS




Under the

Gannett Co., Inc.

2001 Omnibus Incentive Compensation Plan




To comply with the requirements of Section 409A of the Internal Revenue Code of 1986, and the
rules and regulations thereunder (Section 409A”), the Terms and Conditions of all outstanding
Restricted Stock Awards are revised as follows:




	 	•	 	Notwithstanding any provision in the Award agreements to the contrary, the
“Limited Vesting” provisions of Sections 15.3 or 15.4 of the 2001 Omnibus
Incentive Compensation Plan shall not apply to the Awards.






	 	•	 	The Company agrees to comply with its responsibility under an Award agreement
to reimburse a participant for certain specified legal fees and other
disbursements following a Change in Control by reimbursing the participant for
such expenses within 10 days following the Company’s receipt of an invoice from
the participant; provided that the participant must submit an invoice for such
amounts at least 30 days before the end of the calendar year next following the
calendar year in which such fees and disbursements were incurred.






	 	•	 	To the extent that the Awards are subject to Section 409A, they are intended to
comply with the requirements of Section 409A and the Award agreements shall be
interpreted and administered in accordance with that intent. If any provision of
the Award agreements would otherwise conflict with or frustrate this intent, the
provision shall not apply.





IN WITNESS WHEREOF, Gannett Co., Inc. has caused this Amendment to be executed by its duly
authorized officer as of December 31, 2008.



	 	 	 	 	 
	 	GANNETT CO., INC.

 	 
	 	By:  	/s/ Roxanne V. Horning
 	 
	 	 	Name:  	Roxanne V. Horning 	 
	 	 	Title:  	Senior Vice President/Human Resources
**Exhibit 12**

**TravelportBusinesses of Cendant CorporationCOMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES(Dollars in millions)**

| ** **                                                    | ** ** | ** **                                             | ** ** | **Predecessor**                                        | ** ** |
|---------------------------------------------------------------|------------|--------------------------------------------------------|------------|--------------------------------------------------------|------------|
| ** **                                                    | ** ** | **Three Months  Ended  March 31, 2007** | ** ** | **Three Months  Ended  March 31, 2006** | ** ** |
| **Earnings available to cover  fixed charges:**               | ** ** |                                                   | ** ** | ** **                                             |       |   | ** ** | ** ** |   |
| Income (loss)  from continuing operations before income taxes |       |                                                   | $          | (42                                                    | )          |   |   | $ | 46 |   |   |
| Plus: Fixed  Charges                                          |       |                                                   | 93         |                                                   |       |   | 16 |   |   |
| Earnings  available to cover fixed charges                    |       |                                                   | $          | 51                                                     |       |   |   | $ | 62 |   |   |
| **Fixed charges:**                                            | ** ** |                                                   | ** ** | ** **                                             |       |   | ** ** | ** ** |   |
| Interest,  including amortization of deferred financing costs |       |                                                   | $          | 90                                                     |       |   |   | $ | 13 |   |   |
| Interest portion  of rental payment                           |       |                                                   | 3          |                                                   |       |   | 3 |   |   |
| Total fixed  charges                                          |       |                                                   | $          | 93                                                     |       |   |   | $ | 16 |   |   |
| **Ratio  of earnings to fixed charges**                       |       |                                                   | n/a        | x                                                      |       |   | 3.8 | x |   |

 

Due to the loss fromcontinuing operations before income taxes for the three months ended March 31,2007, earnings would have been insufficient to cover fixed charges by $42million.

----
DISTRICT JUDGE'S MINUTES 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA – TUCSON 

Senior U.S. District Judge: Raner C. Collins Date: June 11, 2019 

USA v. Scott Daniel Warren Case Number: CR-18-00223-TUC-RCC (DTF) 

Assistant U.S. Attorney: Anna Wright/Nathaniel Walters 

Attorney for Defendant: Gregory Kuykendall/Amy Knight (Retained) 

Deputy Clerk: Sherry Gammon 

Court Reporter: Erica McQuillen 

Interpreter: N/A 

Defendant: ☒ Present ☐ Not Present ☒ Released ☐ Custody ☐ Summons ☐ Writ 

JURY TRIAL: Day 9 

The jury arrives at 9:30 a.m. to resume deliberation. 

10:30 a.m. – The jury is unable to view Government’s exhibit 104 and requests another copy be 

provided. 

Recess taken 10:39 a.m. - 10:58 a.m. 

Deliberation resumes. 

11:04 a.m. – Defense counsel telephonically offers no objection to the jury being provided with 

another copy of Government’s exhibit 104 as long as the Court reviews it first to verify the contents. 

The Court receives Government’s exhibit 104A as a replacement and, having verified the contents, 

provides the exhibit to the jury. 

Lunch recess taken 11:30 a.m. – 12:30 p.m. Lunch is provided to the jurors. The jurors continue to 

deliberate during lunch. 

12:50 p.m. – Jury note received. 

Recess taken 12:46 p.m. - 1:10 p.m. 

1:28 p.m. – In absence of the jury, counsel and the Court review the note. 

The jury enters at 1:30 p.m. The foreperson, Juror #5, informs the Court the jury is deadlocked. The 

Court declares a mistrial. 

A Status Conference is set for 7/2/2019 at 9:40 a.m. before Senior Judge Raner C. Collins. 

Jury Trial: 8 Minutes 

Start: 1:28 p.m. Stop: 1:36 p.m. 

Jury deliberation: 3 Hours 15 Minutes 

9:30 a.m. – 1:28 p.m. 

 

Case 4:18-cr-00223-RCC-DTF Document 260 Filed 06/11/19 Page 1 of 1
Exhibit 10.70


 


[on Company
letterhead]


 


[name and address of
executive]


 


Dear                     :


 


If there is a material
misstatement of the Company’s financial statements, or if there is an
overstatement of the Company’s performance with respect to objective,
quantifiable performance goals, then certain compensation granted to you after December 31,
2008 will be subject to recoupment to the extent provided in the attached
Assured Guaranty Ltd. Executive Officer Recoupment Policy.  Your receipt of the compensation is
conditioned on your agreeing to the policy. 
Please sign and return a copy of this letter to Ivana Grillo indicating
that you have received a copy of the policy and that you agree to its
application.  If you have questions about
the policy, please contact Jim Michener.


 


Very truly yours,


 


 


	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  I have received a copy
  of the Recoupment Policy

  	
   

  
	
  and agree that it will
  apply to my compensation.

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  Date:
Exhibit
      32.1





CERTIFICATION
      PURSUANT TO


18
      U.S.C.
      Section 1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





In
      connection with the 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
      President and Chief Executive Officer 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 theSecurities 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/
                WILLIAM J. WOODWARDWilliam
                J. WoodwardChairman
                of the Board, President and Chief Executive Officer





Date:
        April 24, 2006