alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                  Execution Copy
November 6, 2000

Manouchehr Moslemi

Re:  Amendment to Employment Agreement dated April 13, 2000

Dear Manny:


The following sets forth the agreement between you and The Grand Union Company,
a Delaware corporation (the "Company"), regarding the terms of the amendment
("Amendment") to the employment agreement between you and the Company dated
April 13, 2000 (the "Employment Agreement"). In this regard, the Employment
Agreement is amended such that the amount of the Termination Payments set forth
in paragraphs 7(a) and 7 (b) are deleted and replaced in the aggregate by the
termination payments set forth in the Sale Bonus Agreement dated November 6,
2000 and the Retention Bonus Agreement dated November 6, 2000. Accordingly, you
are eligible for the Sale Bonus Payments and Retention Bonus Payments pursuant
to the terms of those agreements and are no longer eligible for the Termination
Payments under your Employment Agreement. In the event you are Involuntarily
Terminated, as such term is defined in the Sale Bonus and Retention Bonus
Agreements, you shall receive such Retention Bonus Payments within three (3)
days of the date of such Involuntary Termination and shall receive such Sale
Bonus Payments upon a Change in Control, as such term is defined in the Sale
Bonus Agreement. If your employment is not terminated, you shall receive the
Sale Bonus Payments and Retention Bonus Payments as set forth in those
agreements. The Employment Agreement is further amended by deleting the
following paragraphs: (i) paragraph 3(d) relating to SERP eligibility and (ii)
paragraph 4 and attachment A relating to stock options. The Employment Agreement
is clarified to indicate that (i) under paragraph 3(b) the minimum performance
threshold under the Bonus Plan for Fiscal Year 2001 is $77,000,000 of EBITDA and
(ii) Change of Control as defined in the Employment Agreement includes a sale of
substantially all of the Company's assets or a change of ownership effectuated
through a bankruptcy proceeding.

All other terms of your Employment Agreement shall continue in full force and
effect and the October 2, 2000 amendment of your Employment Agreement is null
and void and shall be of no effect. This Amendment has been approved by the
Board and by the Bankruptcy Court and all amounts payable hereunder shall be
paid as an administrative expense in such Bankruptcy proceeding.

                           Sincerely,

                           The Grand Union Company


                           By: _____________________________________
                               Name: Gary M. Philbin
                               President and Chief Executive Officer




Agreed to as of this 6th day of November, 2000.



_______________________________________
Manouchehr Moslemi
Exhibit 32

Written Statement of Chief Executive Officer and Chief Financial Officer

Pursuant to Rule
13a-14(b) or Rule 15d-14(b) under the

Securities Exchange Act of 1934 and 18 U.S.C. 1350

Each of the undersigned, the Chief Executive Officer and the Executive Vice President and Chief Financial Officer, of ITC^DeltaCom, Inc., hereby
certifies that, on the date hereof:



| | 1. | The annual report on Form 10-K of ITC^DeltaCom, Inc. for the year ended December 31, 2005 filed on the date hereof with the Securities and Exchange Commission (the
Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of ITC^DeltaCom, Inc.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                                                                          
|-------------------- |  | -------------------------------------------------------------------------
|Date: March 24, 2006 |  | /s/ Randall E. Curran                                                    
|                     |  | Randall E. Curran Chief Executive Officer                                
|                     | 
|Date: March 24, 2006 |  | /s/ Richard E. Fish, Jr.                                                 
|                     |  | Richard E. Fish, Jr. Executive Vice President and Chief Financial Officer
Exhibit
32


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 CTI Industries Corporation
(the “Company”) for the fiscal year ended December 31, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), Howard W.
Schwan, as President of the Company, and Stephen M. Merrick, as Executive
Vice-President and Chief Financial Officer of the Company, each hereby
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) 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/ Howard W. SchwanHoward
      W. SchwanPresidentDate:
      March 31,
      2009/s/ Stephen M. MerrickStephen
      M. MerrickExecutive
      Vice-President and Chief Financial OfficerDate:
      March 31,
      2009





The
foregoing certification is being furnished solely pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and
is not being “filed” as part of the Form 10-K or as a separate disclosure
document for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended (the “Exchange Act”), or otherwise subject to liability under that
section. This certification shall not be deemed to be incorporated by reference
into any filing under the Securities Act of 1933, as amended, or the Exchange
Act except to the extent that this Exhibit 32 is expressly and specifically
incorporated by reference in any such filing.





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.
EXHIBIT 32.1

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER

PURSUANT TO

18. U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002

I certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that the Quarterly Report of NeurogesX, Inc. on Form 10-Q for the quarterly period ended March 31, 2007 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and
that information contained in such Form 10-Q fairly presents in all material respects the financial condition and results of operations of NeurogesX, Inc.

Dated: June 13, 2007



By:

/s/ Anthony A. DiTonnoAnthony A. DiTonnoPresident and Chief Executive Officer(Principal Executive Officer)By:

/s/ Stephen F. GhiglieriStephen F. GhiglieriChief Financial Officer(Principal Financial and Accounting Officer)
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

DONALD BENNETT,

Petitioner,

v. Case Number: 09-CV-10046

Honorable Paul D. Borman

C. ZYCH,

Respondent.

__________________________________/

ORDER 

DENYING PETITIONER'S MOTION TO ALTER OR AMEND THE JUDGMENT 

Before the Court is Petitioner Donald Bennett’s “Motion to Alter or Amend Judgment,”

pursuant to Fed.R.Civ.P. 59(e). (Dkt. # 4.) Petitioner is asking this Court to alter or amend its

judgment, dated January 26, 2009, which dismissed Petitioner’s habeas-corpus petition on the

ground that his claim, challenging his convictions and sentences, was not properly before the

Court under 28 U.S.C. § 2241. (Dkt. # 2.) Petitioner alleges in his pending motion that he is

seeking to prevent manifest justice from the alleged constitutional violations and to correct the

Court’s error in dismissing his habeas petition.

A motion to alter or amend judgment under Fed.R.Civ.P. 59(e) “allows for

reconsideration; it does not permit parties to effectively ‘re-argue a case.’” Howard v. United

States, 533 F.3d 472, 475 (6th Cir. 2008) (quoting Sault Ste. Marie Tribe of Chippewa Indians

v. Engler, 146 F.3d 367, 374 (6th Cir. 1998)). The Court may alter or amend its judgment only if

there is: “(1) a clear error of law; (2) newly discovered evidence; (3) an intervening change in

controlling law; or (4) a need to prevent manifest injustice.” Intera Corp. v. Henderson, 428

F.3d 605, 620 (6th Cir. 2005), cert. denied, 547 U.S. 1070 (2006). “This standard is not

2:09-cv-10046-PDB-CEB Doc # 5 Filed 03/10/09 Pg 1 of 3 Pg ID 25
-2-

inconsistent with the ‘palpable defect’ standard” applied in this district when addressing motions

for reconsideration. Henderson v. Walled Lake Consol. Sch., 469 F.3d 479, 496 (6th Cir. 2006).

Pursuant to the local rule, the Court will not grant motions for rehearing or reconsideration that

merely present the same issues ruled upon by the Court, either expressly or by reasonable

implication. The movant must not only demonstrate a palpable defect by which the Court and

the parties have been misled but also show that correcting the defect will result in a different

disposition of the case. E.D. Mich. LR 7.1(g)(3).

Here, the pending motion raises issues that the Court has already ruled on. The Court is

not persuaded that it made a clear error of law or that it was misled by a palpable defect when it

dismissed Petitioner’s habeas petition. It is not necessary to alter or amend the judgment to

prevent a manifest injustice, as Petitioner’s state conviction is final and not reviewable.

Accordingly, Petitioner’s motion to alter or amend the judgment [dkt. # 4] is DENIED.

SO ORDERED.

S/Paul D. Borman 

PAUL D. BORMAN

UNITED STATES DISTRICT JUDGE

Dated: March 10, 2009

CERTIFICATE OF SERVICE

Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on

2:09-cv-10046-PDB-CEB Doc # 5 Filed 03/10/09 Pg 2 of 3 Pg ID 26
-3-

March 10, 2009.

S/Denise Goodine 

Case Manager

2:09-cv-10046-PDB-CEB Doc # 5 Filed 03/10/09 Pg 3 of 3 Pg ID 27
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Notices]
[Page 33745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16560]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Agency for Health Care Policy and Research


Notice of Health Care Policy and Research Special Emphasis Panel 
Meeting

    In accordance with section 10(a) of the Federal Advisory Committee 
Act (5 U.S.C., Appendix 2) announcement is made of the following 
special emphasis panel scheduled to meet during the month of August 
1996:

    Name: Health Care Policy and Research Special Emphasis Panel.
    Date and Time: August 1-2, 1996, 8:00 a.m.
    Place: Ramada Inn, 1775 Rockville Pike, Conference Room TBA, 
Rockville, Maryland 20852.
    Open August 1, 8:00 a.m. to 8:15 a.m.
    Closed for remainder of meeting.
    Purpose: This Panel is charged with conducting the initial 
review of grant applications proposing to conduct research related 
to patient referrals from primary care to specialty care. 
Applications were sought for studies that (1) describe how changes 
in health care organization affect referral practices, and/or (2) 
measure quality of care, economic and other outcomes resulting from 
decisions by primary care providers (PCPs) who refer, or do not 
refer, patients to specialty providers.
    Agenda: The open session of the meeting on August 1, from 8:00 
a.m. to 8:15 a.m., will be devoted to a business meeting covering 
administrative matters. During the closed session, the committee 
will be reviewing and discussing grant applications dealing with 
health services research issues. In accordance with the Federal 
Advisory Committee Act, section 10(d) of 5 U.S.C., Appendix 2 and 5 
U.S.C., 552b(c)(6), the Administrator, AHCPR, has made a formal 
determination that this latter session will be closed because the 
discussions are likely to reveal personal information concerning 
individuals associated with the grant applications. This information 
is exempt from mandatory disclosure.
    Anyone wishing to obtain a roster of members or other relevant 
information should contact Karen Rudzinski, Ph.D., Agency for Health 
Care Policy and Research, Suite 400, 2101 East Jefferson Street, 
Rockville, Maryland 20852, Telephone (301) 594-1452 x1610.
    Agenda items for this meeting are subject to change as 
priorities dictate.

    Dated: June 24, 1996.
Clifton R. Gaus,
Administrator.
[FR Doc. 96-16560 Filed 6-27-96; 8:45 am]
BILLING CODE 4160-90-M
Fialka-Feldman v. Oakland University Board of Trustees Doc. 49 Att. 2

Dockets.Justia.com
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA

United States of America,

 Plaintiff,

vs.

6. Andrew Padilla,

 (Counts 1-51)

 Defendant.

NO. CR-18-00422-06-PHX-SPL (BSB)

PROPOSED ORDER

Upon unopposed motion and good cause appearing, 

IT IS HEREBY ORDERED extending the time for filing Mr. Padilla’s Reply 

to the Government’s Response (Doc. 476) to Motion to Dismiss due to Government 

Interference with Right to Counsel and Request for Disclosure or, in the Alternative, 

Motion to Withdraw (Doc. 456), to March 8, 2019.

Case 2:18-cr-00422-DJH Document 480-1 Filed 02/28/19 Page 1 of 1
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ANGEL CARRERAS-ARMSTRONG and KIM CARRERAS-ARMSTRONG,

Appellants,

v.

CHERYL CINNANTE,

Appellee.

No. 4D16-3971

[December 7, 2017]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Thomas M. Lynch IV, Judge; L.T. Case No. CACE15-

003691 (05).

Brent F. Sibley of Sibley Law Firm, Aventura, for appellants.

Douglas H. Stein of Association Law Group, P.L., Miami, for appellee.

PER CURIAM.

Affirmed.

GROSS, MAY and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              APR-30-1998
<PERIOD-START>                                 MAY-01-1997
<PERIOD-END>                                   APR-30-1998
<CASH>                                         48,768
<SECURITIES>                                   0
<RECEIVABLES>                                  35,602
<ALLOWANCES>                                   0
<INVENTORY>                                    763,158
<CURRENT-ASSETS>                               886,836
<PP&E>                                         649,499
<DEPRECIATION>                                 62,486
<TOTAL-ASSETS>                                 1,864,216
<CURRENT-LIABILITIES>                          3,049,450
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       2,471
<OTHER-SE>                                     1,328,664
<TOTAL-LIABILITY-AND-EQUITY>                   1,864,216
<SALES>                                        192,856
<TOTAL-REVENUES>                               195,963
<CGS>                                          173,424
<TOTAL-COSTS>                                  2,626,486
<OTHER-EXPENSES>                               13,956
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             187,232
<INCOME-PRETAX>                                (2,631,711)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (2,631,711)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (2,631,711)
<EPS-PRIMARY>                                  (1.311)
<EPS-DILUTED>                                  (0.869)
        


</TABLE>
DIRECTOR COMPENSATION ARRANGEMENTS FOR FISCAL YEAR 2009






Exhibit 10.28


 


BUFFALO WILD WINGS, INC.


DIRECTOR COMPENSATION ARRANGEMENTS


FOR FISCAL YEAR 2009


 


For fiscal year 2009, beginning on December 29, 2008, the compensation for the directors who are not our employees was determined to be as set forth below. The cash fees are annual amounts payable quarterly. The annual equity grants will be issued immediately following election at the annual shareholders’ meeting. 


 





	
Description
 	
 
 	
FY 2009
 	
 
 
	
 
 	
 
 	
 
 	
 
 	
 
 
	
Board equity grants (chair and non-chair)     
 	
 
 	
 
 	
 
 	
 
 
	
RSUs fully vested*     
 	
 
 	
$
 	
60,000
 	
 
 
	
 
 	
 
 	
 
 	
 
 	
 
 
	
Board fees     
 	
 
 	
 
 	
 
 	
 
 
	
Chair     
 	
 
 	
$
 	
40,000
 	
 
 
	
Non-chair     
 	
 
 	
$
 	
20,000
 	
 
 
	
 
 	
 
 	
 
 	
 
 	
 
 
	
Compensation Committee fees     
 	
 
 	
 
 	
 
 	
 
 
	
Chair     
 	
 
 	
$
 	
16,000
 	
 
 
	
Non-chair     
 	
 
 	
$
 	
8,000
 	
 
 
	
 
 	
 
 	
 
 	
 
 	
 
 
	
Governance/Nominating Committee fees     
 	
 
 	
 
 	
 
 	
 
 
	
Chair     
 	
 
 	
$
 	
10,000
 	
 
 
	
Non-chair     
 	
 
 	
$
 	
8,000
 	
 
 
	
 
 	
 
 	
 
 	
 
 	
 
 
	
Audit Committee fees     
 	
 
 	
 
 	
 
 	
 
 
	
Chair     
 	
 
 	
$
 	
16,000
 	
 
 
	
Non-chair     
 	
 
 	
$
 	
8,000
 	
 
 
	
 
 	
 
 	
 
 	
 
 	
 
 
	
Executive Committee fees     
 	
 
 	
 
 	
 
 	
 
 
	
Chair     
 	
 
 	
$
 	
5,000
 	
 
 
	
Non-chair     
 	
 
 	
$
 	
4,000
 	
 
 
	
 
 	
 
 	
 
 	
 
 	
 
 
	
Compliance Committee fees     
 	
 
 	
 
 	
 
 	
 
 
	
Non-chair     
 	
 
 	
$
 	
8,000
 	
 
 





 





	
*
 	
RSUs for the number of shares equal to $60,000 divided by the current stock price.
Exhibit 32.1




CERTIFICATION PURSUANT TO 18 U.S.C. 1350 AS ADOPTED


PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





The undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to their knowledge, the Quarterly Report on Form 10-Q for the period ended September 30, 2010 of Utec, Inc. (the “Company”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and the information contained in such periodic report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in such report.





Very truly yours,








/s/       /s/ Kenneth B. LiebscherKenneth B. LiebscherChief Executive OfficerNovember 22, 2010/s/Howard BouchHoward BouchChief Financial OfficerNovember 22, 2010








A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to Utec, Inc. and will be furnished to the Securities and Exchange Commission or its staff upon request.
a.
    
    designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;b.
    
    evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such evaluation;
andc.
    
    disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the registrants
fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial
reporting; and
  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; andb.
    
    any fraud, whether or not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting.
 Date: May 12, 2008
    by:
    /s/ Lewis W. Dickey, Jr.Lewis W. Dickey, Jr.Chairman, President and Chief Executive Officer
<PAGE>

                                                                  Exhibit 23.1

                        [LETTERHEAD OF BDO SEIDMAN, LLP]

              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


ITC/\DeltaCom, Inc.
West Point, Ga.


We hereby consent to the incorporation by reference in the registration
statement (Form S-8 No. 333-101007 pertaining to the ITC/\DeltaCom, Inc. Stock
Incentive Plan) of our reports dated February 24, 2003, relating to the
consolidated financial statements and schedule of ITC/\DeltaCom, Inc. and
Subsidiaries appearing in the company's annual report on form 10-K for the
period from October 30, 2002 through December 31, 2002 (Successor Company) and
for the period from January 1, 2002 through October 29, 2002 (Predecessor
Company).


/s/ BDO SEIDMAN, LLP

Atlanta, Georgia
March 28, 2003
<TABLE>
<CAPTION>

      Schedule of Year-To-Date Principal and Interest Distributions
                                  to 
                         Certificate Holders

                                                     Ending
Class           Interest       Principal     Losses  Balance
<S>            <C>            <C>           <C>     <C> 
A1              723,028.35     5,077,746.40   0.00   18,722,253.60
A2              530,400.00             0.00   0.00   15,600,000.00
A3              424,969.14             0.00   0.00   11,683,000.00
A4              198,625.02             0.00   0.00    5,675,000.00
A5            1,218,379.75     6,159,057.29   0.00   37,082,942.71
B                     0.00             0.00   0.00    2,679,152.41
FSA              75,413.70             0.00   0.00            0.00
RL                    0.00             0.00   0.00            0.00
RU                    0.00             0.00   0.00            0.00





</TABLE>