alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[ DO NOT PUBLISH] 

## In the 

# United States Court of Appeals

For the Eleventh Circuit

____________________

No. 24

- 10899

Non

- Argument Calendar

____________________

TABITHA MCKENZIE,

Plaintiff

- Appellant,

versus
CHIEF JUDGE,
CASEY T. BARREN, Lawyer for DCF,
LISA TANNER, Case Manager,

Defendants

- Appellees, USCA11 Case: 24-10899 Document: 22-1 Date Filed: 08/26/2024 Page: 1 of 32 Opinion of the Court 24

- 10899

BRITTNEY BAXTER, Case Manager,

Defendant.

____________________ Appeal from the United States District Court
for the Northern District of Florida
D.C. Docket No. 4:23

- cv

- 00470

- WS

- MJF

____________________

Before R OSENBAUM
, B RANCH
, and L UCK
, Circuit Judges.

PER CURIAM:
Tabitha McKenzie filed the instant notice of appeal on March 20, 2024, asserting that she s eeks review in this Court of what she described as a final order or judgment entered on January 8, 2024. She also described the appealed order but, while we can discern that the appealed order is connected to a magistrate judge, we cannot discern the full description.
Because no final order or judgment was entered on January 8, 2024 and, instead, two magistrate judge orders were signed thatdate, we asked the parties to address which order or orders the notice of appeal evinces an intent to challenge. We also asked whether the appeal was taken from a final or otherwise appealable order and whether the appeal is timely. No party respon ded. USCA11 Case: 24-10899 Document: 22-1 Date Filed: 08/26/2024 Page: 2 of 324

- 10899 Opinion of the Court 3

However, McKenzie has filed documents on appeal that indicate that she challenges the denial of her motion to appoint counsel.The magistrate judge originally denied that motion in an order entered on January 9, 2024, but signed January 8, and the distric tjudge later affirmed that order and denied reconsideration on January 24 and February 5 , respectively . After considering temporalproximity, the text of the notice of appeal, and McKenzie’s appellate filings, we construe her notice of appeal as challenging the district judge’s January 24 and February 5, 2024 orders concerning her motion for appointment of counsel.

However, those orders are not final because McKenzie’s claims remain pending in the district court. See 28 U.S.C. § 1291; Supreme Fuels Trading FZE v. Sargeant , 689 F.3d 1244, 1245

- 46 (11th Cir. 2012). Furthermore, the orders are not otherwise immediately appealable. See Hodges v. Dep’t of Corr. , 895 F.2d 1360, 1361

- 62 (11th
Cir. 1990).
Accordingly, this appeal is DISMISSED for lack of jurisdiction. All pending motions are DENIED as moot. USCA11 Case: 24-10899 Document: 22-1 Date Filed: 08/26/2024 Page: 3 of 3
Exhibit 31.1

CERTIFICATIONS

     I, Mark A. Imes, certify that: 

l.     I have reviewed this annual report on Form 10-KSB of Independent BancShares, Inc.;

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

4.           The registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the 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 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)           [Reserved.]

          c)           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; and

          d)           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

5.           The registrant's other certifying officer 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 the registrant's board of directors (or persons performing the equivalent functions):

          a)           All significant deficiencies and material weaknesses in the design or operation of internal controls 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 controls over financial reporting.

Date: March 23, 2007.

/S/ Mark A. Imes
I 

117TH CONGRESS 

2D SESSION H. R. 6607 

To identify certain roads in the vicinity of Beale Air Force Base and Travis 

Air Force Base, California, as defense access roads for purposes of 

the Defense Access Road Program. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2022 

Mr. GARAMENDI (for himself and Mr. LAMALFA) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To identify certain roads in the vicinity of Beale Air Force 

Base and Travis Air Force Base, California, as defense 

access roads for purposes of the Defense Access Road 

Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. IDENTIFICATION OF DEFENSE ACCESS ROADS, 

4 BEALE AIR FORCE BASE AND TRAVIS AIR 

5 FORCE BASE, CALIFORNIA. 

6 (a) CERTIFICATION.—For purposes of the Defense 

7 Access Road Program, the roads specified in subsection 

8 (b) in the vicinity of Beale Air Force Base, California, or 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 6607 IH

1 in the vicinity of Travis Air Force Base, California, are 

2 hereby certified to the Secretary of Defense, and by exten3 sion to the Secretary of Transportation, as important to 

4 the national defense pursuant to section 210 of title 23, 

5 United States Code. 

6 (b) ROADS IDENTIFIED.—The certification made by 

7 subsection (a) applies to the following roads: 

8 (1) For Beale Air Force Base, California: 

9 (A) Chuck Yeager Road. 

10 (B) North Beale Road. 

11 (C) Spenceville Road, also known as Camp 

12 Beale Highway. 

13 (D) South Beale Road. 

14 (2) For Travis Air Force Base, California: 

15 (A) Air Base Parkway. 

16 (B) Canon Road. 

17 (C) Gate Road, including North Gate 

18 Road. 

19 (D) Petersen Road. 

20 (E) Vanden Road. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
exv10w55



 






Exhibit 10.55




Annex D




FOURTH AMENDMENT TO THE

AMGEN INC.

CHANGE OF CONTROL SEVERANCE PLAN




     Section 1.(I) of the Amgen Inc. Change of Control Severance Plan (the “Plan”) is hereby
amended and restated, effective June 1, 2004, as follows:




	 	(I)  	“Company” shall mean Amgen Inc., a Delaware corporation, and, except in
determining under Section 1(F) hereof whether or not any Change of Control of the
Company has occurred, shall include any successor to its business and/or assets.
“Company” shall exclude any disregarded entity pursuant Treasury Regulations section
301.7701-3, unless the Plan is amended to designate the disregarded entity’s employees
as Participants.




To record this Fourth Amendment to the Plan as set forth herein, the Company has caused its
Authorized officer to execute this document this 9th day of June, 2004.



	 	 	 	 	 
	 	AMGEN INC.

 	 
	 
	 	By:  	/s/ Brian McNamee	 
	 
	 
	 	Title:  	Senior Vice President, Human Resources
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AND INCOME STATEMENT OF PORTSMOUTH SQUARE, INC. SET FORTH IN ITS FORM
10-QSB REPORT FOR THE QUARTERLY PERIOD ENDED JUNE 30, 1998 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH 10-QSB REPORT.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                         298,086
<SECURITIES>                                   733,561
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,354,971
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               3,306,554
<CURRENT-LIABILITIES>                          201,168
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     2,092,300
<OTHER-SE>                                   1,013,086
<TOTAL-LIABILITY-AND-EQUITY>                 3,306,554
<SALES>                                      1,454,109
<TOTAL-REVENUES>                             1,409,861
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               307,669
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,102,192
<INCOME-TAX>                                   477,511
<INCOME-CONTINUING>                            624,681
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   624,681
<EPS-PRIMARY>                                      .85
<EPS-DILUTED>                                      .85
        

</TABLE>
I 

117TH CONGRESS 

2D SESSION H. R. 6952 

To amend the National Labor Relations Act to permit employers to pay 

higher wages to their employees. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2022 

Mr. JOHNSON of South Dakota introduced the following bill; which was 

referred to the Committee on Education and Labor 

A BILL 

To amend the National Labor Relations Act to permit 

employers to pay higher wages to their employees. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rewarding Achieve5 ment and Incentivizing Successful Employees Act’’ or the 

6 ‘‘RAISE Act’’. 

7 SEC. 2. PAYMENT OF HIGHER WAGES. 

8 Section 9(a) of the National Labor Relations Act (29 

9 U.S.C. 159(a)) is amended— 

10 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 6952 IH

1 (2) by adding at the end the following: 

2 ‘‘(2) Notwithstanding a labor organization’s exclusive 

3 representation of employees in a unit, or the terms and 

4 conditions of any collective bargaining contract or agree5 ment then in effect, nothing in either— 

6 ‘‘(A) section 8(a)(1) or 8(a)(5), or 

7 ‘‘(B) a collective bargaining contract or agree8 ment renewed or entered into after the date of en9 actment of the RAISE Act, 

10 shall prohibit an employer from paying an employee in the 

11 unit greater wages, pay, or other compensation for, or by 

12 reason of, his or her services as an employee of such em13 ployer, than provided for in such contract or agreement.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

ESTATE OF WILLIAM P. O'BRIEN,

DECEASED

PETITION OF: DONNA WELLINGTON :

:

:

:

: No. 112 MAL 2017

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 13th day of July, 2017

, the Petition for Allowance of Appeal is

DENIED

.
[Federal Register Volume 73, Number 171 (Wednesday, September 3, 2008)]
[Notices]
[Page 51532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20350]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,668]


R.D. Reeves Construction, Inc., Employed On-Site at Longview 
Timber, Longview, WA; Notice of Termination of Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on July 10, 2008, in response to a worker 
petition filed by an AFL-CIO official on behalf of workers of R.D. 
Reeves Construction, Inc. employed on-site at Longview Timber, 
Longview, Washington.
    The petitioner is not an authorized representative of the group of 
workers covered by this petition, rendering this petition invalid. 
Consequently, further investigation in this case would serve no 
purpose, and the investigation has been terminated.

    Signed at Washington, DC, this 25th day of August 2008.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-20350 Filed 9-2-08; 8:45 am]
BILLING CODE 4510-FN-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency 

          - [FEMA-1768-DR] 

# AGENCY:

Federal Emergency Management Agency, DHS. 

# ACTION:

Notice. 

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Wisconsin (FEMA-1768-DR), dated June 14, 2008, and related determinations. 

# DATES:

*Effective Date:*                         August 18, 2008.                     

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886. 

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Wisconsin is hereby amended to include the following area among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of June 14, 2008. 

Walworth County for Public Assistance (already designated for Individual Assistance.) 

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.)

R. David Paulison, 

Administrator, Federal Emergency Management Agency.

[FR Doc. E8-20075 Filed 8-28-08; 8:45 am] 

BILLING CODE 9110-10-P
Motion Granted and Order filed September 18, 2015. 

In The

Fourteenth Court of Appeals

____________

NO. 14-15-00789-CV

____________

IN RE RH WHITE OAK, LLC, BRIAN HARDY, COLIN ZAK, ENTEX 

PARTNERS, LTD. AND ENTEX MANAGEMENT SERVICES, 

L.L.C., Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

125th District Court

Harris County, Texas

Trial Court Cause No. 2010-81470

ORDER

On September 16, 2015, relators, RH White Oak, LLC, Brian Hardy, Colin 

Zak, Entex Partners, Ltd., and Entex Management Services, L.L.C., filed a petition 

for writ of mandamus in this court. Relators ask this court to order the Honorable 
Kyle Carter, Judge of the 125th District Court, in Harris County, Texas, to set 

aside his order dated August 10, 2015, entered in trial court number 2010-81470, 

styled Lone Star Bank v. RH White Oak, et al. Relators claim respondent abused 

his discretion by imposing sanctions against them.

Relators have also filed a motion for temporary stay of proceedings below. 

See Tex. R. App. P. 52.8(b), 52.10. On September 16, 2015, relators asked this 

court to stay proceedings in the trial court pending a decision on the petition for 

writ of mandamus.

It appears from the facts stated in the petition and motion that relators’

request for relief requires further consideration and that relators will be prejudiced 

unless immediate temporary relief is granted. We therefore GRANT relators’

motion and issue the following order:

We ORDER all proceedings in trial court cause number 2010-81470, Lone 

Star Bank v. RH White Oak, et al., STAYED until a final decision by this court on 

relators’ petition for writ of mandamus, or until further order of this court.

In addition, the court requests the real parties in interest, to file a response to 

the petition for writ of mandamus on or before October 5, 2015. See Tex. R. App. 

P. 52.4.

PER CURIAM

Panel consists of Justices Busby, Donovan, and Wise.
**Exhibit 10.8**

**FIRST AMENDMENT TO THE**

**AFFINION GROUP HOLDINGS, INC.**

**2005 STOCK INCENTIVE PLAN**

This First Amendment to theAffinion Group Holdings, Inc. 2005 Stock Incentive Plan (the “Plan”), is made on behalf of Affinion Group Holdings, Inc., the sponsor of the Plan, and is effective as of December 4, 2006. 

1. Section 7.1 of the Plan is hereby deleted in its entirety and is replaced with the following new Section 7.1: 

7.1 **Changes in Capital Structure**. 

If (i) the Common Stock is changed by reason of a stock split, reverse stock split, spinoff, stock combination or stock dividend or reclassification or if any extraordinary dividend or other distribution is paid on or in respect of CommonStock or (ii) the Common Stock is converted into or exchanged for other securities or property as a result of a merger, consolidation, or a recapitalization or reorganization that does not involve an extraordinary dividend or otherwise constitute anequity restructuring within the meaning of FASB Statement No. 123 (revised 2004) (a “Reorganization”), the Board, in such manner as it may deem equitable, shall make such adjustments in the number and class of shares of stock availableunder the Plan as shall be reasonably necessary to preserve to a Participant rights substantially proportionate to his rights existing immediately prior to such transaction or event (but subject to the limitations and restrictions on such existingrights), including, without limitation, a corresponding adjustment changing the number and kind of shares of stock subject to, and the Option Price or Purchase Price applicable to, each Award or portion thereof outstanding at the time of suchtransaction or event, or to redeem any such Award for cash or other property. Any such adjustment to an Award shall be made in accordance with Section 409A of the Code and any regulations or other guidance issued thereunder. 

2. Section 7.2(b) of the Plan is hereby deleted in its entirety and is replaced with the following new Section 7.2(b): 

(b) Any adjustments referred to in clause (ii) of Section 7.1 shall be made by the Board in its sole discretion and all adjustments referred to in Section7.1 shall, absent manifest error, be conclusive and binding on the Company and all Persons holding any Awards granted under the Plan. 

3. Except asspecifically modified herein, all terms and conditions of the Plan shall remain in effect. 

 

1
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

JIMMIE MOHRLE
, Appellant,

v.

STATE OF FLORIDA

, Appellee.

No. 4D2023

- 2042

[ April 11, 2024 ]

Appeal of order denying rule 3.850 motion from the Circuit Court for

the Seventeenth Judicial Circuit, Broward County ; Peter Holden , Judge;

L.T. Case No. 03

- 21132CF10A

.

Jimmie Mohrle, Lowell, pro se.

Ashley Moody, Attorney General, Tallahassee, and Lindsay A. Warner, Senior Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed

.

K LINGENSMITH

, C.J., W ARNER and L EVINE
, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.