alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.4
 [Letterhead of Primus Asset Management, Inc.]
  
   Company Agreement
 Position and Term
 Primus
  End of the
Term
 Compensation and Benefits
 Base Salary




---



##### 




    
    Medical, Drug and Dental Insurance, and Vision Coverage
 
    
    Vacation in accordance with Company policy
 
    
    A 401(k) plan with partial Company contribution matching
 
    
    Sick leave, granted on an as-needed basis. (Sick leave taken beyond five business days
per year will require medical explanation.)
  Termination of Employment
  Release
 Severance Period
   2




---



##### 



Severance Pay Plan
 Defined Terms
  Board
 Cause
 Change in Control
 COBRA Premium COBRA Coverage
 Code
  3




---



##### 



Disability
 Good Reason ,
 Change in Control
   4




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##### 



Other Terms
 Proprietary Information; Non-Solicitation
 Enforcement of Covenants
 Taxation
   5




---



##### 



Amendment
 Entire Agreement
 No Mitigation
 Assignment
 Nonalienation of Benefits
 No Contract of Employment
 Death
 Severability of Provisions
  6




---



##### 



Governing Law
 Counterparts
  Very truly yours,/s/ RICHARD CLAIDENRichard Claiden
Chief Executive Officer
Primus Asset Management, Inc.Agreed to and accepted by:/s/ VINCENT B. TRITTO

Vincent B. Tritto
  7




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##### 



Appendix A
 RELEASE
 et seq [add provisions with respect to
other applicable state laws relating to employment;]
  8




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9




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##### 



a.
    
    The Company advises me to consult with an attorney before signing
this Release;
 b.
    
    I have obtained independent legal advice from an attorney of my own
choice with respect to this Release, or I have knowingly and voluntarily chosen
not to do so;
 c.
    
    I freely, voluntarily and knowingly entered into this Release after
due consideration;
 d.
    
    I have had a minimum of twenty-one (21) days to review and consider
this Release;
 e.
    
    If I knowingly and voluntarily choose to do so, I may accept the
terms of this Release before the twenty-one (21) day consideration period provided
for above has expired;
 f.
    
    I have a right to revoke this Release by notifying the [General
Counsel of the Company] in writing within seven (7) days of my execution of this
Release;
 g.
    
    In exchange for my waivers and releases and commitments set forth
herein, including my waiver and release of all claims arising under ADEA, the
payments, benefits and other considerations that I will receive pursuant to the
Agreement exceed any payment, benefit or other thing of value to which I would
otherwise be entitled, and are just and sufficient consideration for the waivers
and releases set forth herein.
   [Signatures to be added.]
  10




---



##### 



Appendix B
 Primus Asset Management, Inc. Proprietary Information and Innovations
 Proprietary Information Company Proprietary
Information
   11




---



##### 



Innovations Innovations
 Moral Rights
    12
#### The UNITED STATES of America v. Frances WINSTEL.

No. 8740.

Circuit Court of Appeals, Ninth Circuit.

Jan. 7, 1937.

Ben Harrison, U. S. Atty., of Los Angeles, Cal.

W. W. Wallace, of Los Angeles, Cal., for appellee.

Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.

PER CURIAM.

Upon stipulation of counsel for respective parties, and good cause therefor appearing, ordered appeal herein dismissed, that a judgment of dismissal be filed and entered accordingly, and the mandate of this court issued forthwith.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02339-LTB

ANDRE BARTON,

Plaintiff,

v.

DEPUTY ECHEART, Adams County Jail,

Defendant.

MINUTE ORDER

ORDER ENTERED BY SENIOR JUDGE LEWIS T. BABCOCK

Plaintiff’s motion seeking relief from judgment (ECF No. 11) filed on October 3,

2012, is DENIED because Plaintiff fails to demonstrate any connection between his

allegations that prison officials tampered with his mail in July 2011 and the dismissal of

this action in October 2011.

Dated: October 5, 2012

Case 1:11-cv-02339-LTB Document 12 Filed 10/05/12 USDC Colorado Page 1 of 1
| Skip to Content*Release Date: March 8, 2007*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**R.103 Change in Net Worth of Nonfarm Noncorporate Business** |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Skip to Content*Release Date: December 7, 2006*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**L.106.c Consolidated Statement for Federal, State, and Local Governments** |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge William J. Martínez

Civil Action No. 11-cv-02342-WJM-KLM

FRANKIE L. MCCONNELL,

Plaintiff,

v.

ANDREA CIRBO,

DEBRA REILLY, and

K. O’BRIEN

Defendants.

ORDER ADOPTING RECOMMENDATION AND DISMISSING CLAIMS 

AGAINST K. O’BRIEN WITHOUT PREJUDICE

This matter is before the Court on the January 25, 2012 Recommendation by

United States Magistrate Judge Kristen L. Mix that Plaintiff’s claims against Defendant

K. O’Brien be dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m) and 41(b). 

(ECF No. 22.) The Recommendation is incorporated herein by reference. See 28

U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b).

The Recommendation advised the parties that specific written objections were

due within fourteen days after being served with a copy of the Recommendation. (ECF

No. 22 at 3.) Within that fourteen day period, Plaintiff filed a Motion to Clarify stating

that he did not understand what he needed to file and asking the Court to appoint him

counsel for assistance. (ECF No. 26.) Magistrate Judge Mix denied Plaintiff’s request

for counsel but provided Plaintiff with some guidance as to what certain legal terms in

Case 1:11-cv-02342-WJM-KLM Document 31 Filed 03/16/12 USDC Colorado Page 1 of 3
-2-

the Recommendation meant. (ECF No. 28.) Magistrate Judge Mix also extended

Plaintiff’s deadline for filing objections until February 21, 2012. (Id.) Despite this

extension and the clarification provided by Magistrate Judge Mix, Plaintiff did not file an

objection to the Recommendation. 

“In the absence of timely objection, the district court may review a magistrate . . .

[judge’s] report under any standard it deems appropriate.” Summers v. Utah, 927 F.2d

1165, 1167 (10th Cir. 1991) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating

that “[i]t does not appear that Congress intended to require district court review of a

magistrate's factual or legal conclusions, under a de novo or any other standard, when

neither party objects to those findings”). The Court concludes that the Magistrate

Judge’s analysis is correct and that “there is no clear error on the face of the record”

associated with the Recommendation. See Fed. R. Civ. P. 72(b) advisory committee’s

note. Therefore, the Court hereby ADOPTS the Report of the United States Magistrate

Judge as the findings and conclusions of this Court.

Accordingly, the Court ORDERS as follows:

1. Magistrate Judge Kristen L. Mix’s January 25, 2012 Recommendation is

ACCEPTED;

2. Plaintiff’s claims against K. O’Brien are DISMISSED WITHOUT PREJUDICE; 

3. The Clerk shall AMEND the caption to reflect that Defendant K. O’Brien has

been terminated; and 

4. All future filings should omit K. O’Brien as a Defendant.

Case 1:11-cv-02342-WJM-KLM Document 31 Filed 03/16/12 USDC Colorado Page 2 of 3
-3-

Dated this 16 day of March, 2012. th

BY THE COURT:

 

William J. Martínez 

United States District Judge

Case 1:11-cv-02342-WJM-KLM Document 31 Filed 03/16/12 USDC Colorado Page 3 of 3
Chut 

Cherry 

J. 

determination whether withdrawal was warranted for an abuse of 

discretion, Molina V. State, 120 Nev. 185, 191, 87 P.3d 533, 538 (2004). 

Even assuming, without deciding, that the doctrine of laches 

did not preclude consideration of Felix's motion, he is not entitled to relief 

because "Padilla does not have retroactive effect." Chaidez v. United 

States, 568 U.S. „ 133 S. Ct. 1103, 1105 (2013). We reject Felix's 

assertion that his case is not final because the instant motion is 

tantamount to a direct appeal. Moreover, the record does not demonstrate 

that Felix was affirmatively misadvised of the immigration consequences 

of pleading guilty. Accordingly, we 

ORDER the judgment of the district court AFFIRMED. 

J. 

Hardesty 

Douglas 

cc: Hon. James M. Bixler, District Judge 

Law Offices of Anthony D. Guenther, Esq. 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

SUPREME COURT 

OF 

NEVADA 2 

(0) 1947A e
**Exhibit 32.1**

 

Certification of CEO under Section 906of the Sarbanes-Oxley Act of 2002

 

I certify that this periodic report containing theissuer’s financial statements fully complies with the requirements of section 13(a)or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) andthat information contained In this periodic report fairly presents in allmaterial respects, the financial condition and results of operations of theissuer.

 

 
|   | By:    | /s/ Keith C Robbins                |   |
|--------|--------|------------------------------------|--------|
|   |   | Keith C. Robbins                   |
|   |   | President, Chief Executive Officer |
|   |   | October 4, 2005                    |

 

----
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

January 29, 2014

t0122 

# Order

Clerk January 29, 2014

147571

CINTAS CORPORATION,

Petitioner

- Appellee,

v SC: 147571

COA: 312004

Ct of Claims: 11

- 001391

- AA

STATE TAX COMMISSION and MACOMB

TOWNSHIP,

Respondents

- Appellants.

_________________________________________/

On order of the Court, the application for leave to appeal the July 2, 2013 order of

the Court of Appeals is considered, and it is DENIED, because we are not persuaded that

the questions presented should be reviewed by this Court.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEETS OF THE STREICHER MOBILE FUELING, INC. AS OF JANUARY 31, 1996 AND OCTOBER
31, 1996 (UNAUDITED) AND THE RELATED STATEMENTS OF OPERATIONS, SHAREHOLDERS'
EQUITY AND CASH FLOWS FOR EACH OF THE THREE MONTHS AND THE NINE MONTHS ENDED
OCTOBER 31, 1995 AND 1996 (UNAUDITED) AND IS QUALIFIED IN ITS ENTIRETY BY 
REFERENCE TO SUCH FINANCIAL STATEMENTS..
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-31-1997
<PERIOD-START>                             AUG-01-1996
<PERIOD-END>                               OCT-31-1996
<CASH>                                          55,896
<SECURITIES>                                    95,023
<RECEIVABLES>                                4,247,959
<ALLOWANCES>                                    40,000
<INVENTORY>                                     69,620
<CURRENT-ASSETS>                             4,546,648
<PP&E>                                       4,183,291
<DEPRECIATION>                                 876,574
<TOTAL-ASSETS>                               8,361,115
<CURRENT-LIABILITIES>                        6,372,803
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        15,000
<OTHER-SE>                                     292,766
<TOTAL-LIABILITY-AND-EQUITY>                 8,361,115
<SALES>                                      7,191,906
<TOTAL-REVENUES>                             7,191,906
<CGS>                                        6,301,526
<TOTAL-COSTS>                                6,301,526
<OTHER-EXPENSES>                               548,689
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              93,584
<INCOME-PRETAX>                                250,464
<INCOME-TAX>                                   (93,283)
<INCOME-CONTINUING>                            160,181
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   160,181
<EPS-PRIMARY>                                      .11
<EPS-DILUTED>                                      .11
        
    




</TABLE>
1

This minute order is issued pursuant to the express authority of the Honorable Robert E. 

Blackburn, United States District Judge for the District of Colorado.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Criminal Case No. 11-cr-00399-REB

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. BRANDON HENRY,

Defendant.

MINUTE ORDER1

On January 27, 2012, the court conducted a telephonic setting conference to

reset the change of plea hearing in this matter. After conferring with counsel and with

their consent,

IT IS ORDERED as follows:

1. That on February 15, 2012, commencing at 9:00 a.m., the court shall conduct

a change of plea hearing in this matter;

2. That, to the extent necessary, the United States Marshal for the District of

Colorado shall assist the court in securing the defendant’s appearance for this hearing.

Dated: January 27, 2012

Case 1:11-cr-00399-REB Document 24 Filed 01/27/12 USDC Colorado Page 1 of 1
1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02355-PAB-CBS

PAMELA Y. SIMMONS,

Plaintiff,

v.

JEFFERSON COUNTY, 

RALPH SCHELL, County Administrator,

JENNIFER FAIRWEATHER, Human Resources Director, 

MARY PATRICIA MAHER, Former Asst. HR Director, 

GLEN HOUPT, Asst. Human Resources Director, and 

PATRICIA GILBERT, County Attorney,

Defendants.

 

ORDER 

 

Magistrate Judge Craig B. Shaffer

This civil action comes before the court on “Plaintiff’s First Motion to Amend

Complaint” (filed April 27, 2012) (Doc. # 32). Pursuant to the Order of Reference dated

September 9, 2011 (Doc. # 2) and the memorandum dated April 30, 2012 (Doc. # 33),

this matter was referred to the Magistrate Judge. The court has reviewed the Motion,

the tendered “Plaintiff’s First Amended Complaint and Jury Demand” (Doc. # 32-1), the

entire case file, and the applicable law and is sufficiently advised in the premises. At

the Preliminary Scheduling Conference held on April 23, 2012, the court granted

Plaintiff permission to file an amended pleading. Accordingly, 

IT IS ORDERED that:

1. “Plaintiff’s First Motion to Amend Complaint” (filed April 27, 2012) (Doc. #

32) is GRANTED. The tendered “Plaintiff’s First Amended Complaint and Jury

Case 1:11-cv-02355-PAB-CBS Document 34 Filed 04/30/12 USDC Colorado Page 1 of 2
2

Demand” (Doc. # 32-1) is accepted for filing as of the date of this Order. 

2. In light of the filing of the Amended Complaint, Defendants’ Motion to

Dismiss (filed December 12, 2011) (Doc. # 14) is DENIED as moot, without prejudice to

refiling directed to the Amended Complaint. 

DATED at Denver, Colorado this 30th day of April, 2012.

BY THE COURT:

 s/ Craig B. Shaffer 

United States Magistrate Judge 

Case 1:11-cv-02355-PAB-CBS Document 34 Filed 04/30/12 USDC Colorado Page 2 of 2
II 

110TH CONGRESS 

1ST SESSION S. 1561 

To amend title 11, United States Code, with respect to exceptions to discharge 

in bankruptcy for certain qualified educational loans. 

IN THE SENATE OF THE UNITED STATES 

JUNE 7, 2007 

Mr. DURBIN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend title 11, United States Code, with respect to 

exceptions to discharge in bankruptcy for certain qualified educational loans. 

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

3 SECTION 1. DISCHARGE IN BANKRUPTCY FOR CERTAIN 

4 EDUCATIONAL LOANS. 

5 Section 523(a)(8) of title 11, United States Code, is 

6 amended by striking ‘‘dependents, for’’ and all that follows 

7 through subparagraph (B) and inserting ‘‘dependents, for 

8 an educational benefit overpayment or loan made, insured, 

9 or guaranteed by a governmental unit, or an obligation 


rwilkins on PROD1PC63 with BILLS
2 

•S 1561 IS

1 to repay funds received from a governmental unit as an 

2 educational benefit, scholarship, or stipend.’’. 

Æ 


rwilkins on PROD1PC63 with BILLS
Exhibit 10.39




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-7-




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-9-




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-10-




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If to the Executive:
    
    Carel W. Hoyer515 Post Oak BoulevardHouston, Texas 77027If to the Company:
    
    Weatherford International Ltd.515 Post Oak BoulevardHouston, Texas 77027Attention: General Counsel
 -11-




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-12-




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##### 



/s/ CAREL W. HOYERCarel W. HoyerWEATHERFORD INTERNATIONAL LTD.By:
    /s/ BERNARD J. DUROC-DANNERBernard J. Duroc-DannerChairman, President & Chief Executive Officer -13-
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-50102 

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE MARIO FRAUSTO-PEREZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-00-CR-308-1-FB

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

August 23, 2001

Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.

PER CURIAM:*

Jose Mario Frausto-Perez appeals the 46-month term of

imprisonment imposed following his guilty plea conviction of

being found in the United States after removal in violation of 8

U.S.C. § 1326. Frausto-Perez argues that his sentence should not

have exceeded the two-year maximum term of imprisonment

prescribed in 8 U.S.C. § 1326(a). Frausto-Perez acknowledges

that his argument is foreclosed by the Supreme Court’s decision

in Almendarez-Torres v. United States, 523 U.S. 224 (1998), but
No. 01-50102 

-2-

seeks to preserve the issue for Supreme Court review in light of

the decision in Apprendi v. New Jersey, 530 U.S. 466 (2000). 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000), cert. denied, 121 S. Ct. 1214 (2001). FraustoPerez’s argument is foreclosed. The judgment of the district

court is AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that the judgment of the district court be affirmed and that an

appellee’s brief not be required. The motion is GRANTED. 

 AFFIRMED; MOTION GRANTED.
Exhibit 31.1

                                 CERTIFICATION

I, Charles M. Weaver, certify that:

    1.  I have reviewed this annual report on Form 10-K in respect of the
        Corporate Backed Trust Certificates, DaimlerChrysler Debenture-Backed
        Series 2002-4 Trust (the "Trust") and all reports on Form 8-K
        containing distribution or servicing reports of the Trust filed in
        respect of periods included in the year covered by this annual report
        of the Trust;

    2.  Based on my knowledge, the information in these reports, taken as a
        whole, 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 as of the last day of the period covered by this annual
        report;

    3.  Based on my knowledge, the distribution or servicing information
        required to be provided to the Depositor by the Trustee under the
        pooling and servicing or similar agreement, for inclusion in these
        reports is included in these reports; and

    4.  I am responsible for reviewing the activities performed by the
        Depositor and the Trustee under the pooling and servicing or similar
        agreement and based upon my knowledge and the annual compliance review
        required under that agreement, and except as disclosed in the reports,
        the Depositor and Trustee have each fulfilled its obligations under
        that agreement.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated party: U.S. Bank Trust National
Association, as Trustee.

Date: March 27, 2006


         /s/ CHARLES M. WEAVER
----------------------------------------
Charles M. Weaver, Senior Vice President
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02628-BNB

WORDEN BOURN,

CHARLES GREENLEE, and

All Others Similarly Situated,

Plaintiffs,

v.

GEO GROUP INC.,

HUDSON CORRECTIONAL FACILITY,

WARDEN JOE DRIVER,

ASSOCIATE WARDEN RON MURRAY,

STATE OF ALASKA DEPT. OF CORRECTIONS,

DEPUTY COMMISSIONER SAM EDWARDS, and

Others to be Named,

Defendants.

MINUTE ORDER

ORDER ENTERED BY MAGISTRATE JUDGE BOYD N. BOLAND

This matter is before the Court on the “Request to Compel Alaska Dept. Of

Corrections to Provide the Check From Forced Savings for Filing Fee” (Doc. No. 40),

filed on January 30, 2012, by Plaintiff Worden Bourn. The request is DENIED.

As of the date of this minute order, the Court is not in receipt of any payment

from either Plaintiff on the filing fee due in this action. The Court will allow Mr. Bourn

fourteen (14) days from the date of this minute order in which to either (1) submit his 

initial partial filing fee to the Court or (2) provide the Court with documentation showing

that the Alaska Department of Corrections has denied his request to forward money to

the Court. The documentation needs to be certified by an appropriate official at Mr.

Bourn’s penal institution. 

Dated: January 31, 2012

Case 1:11-cv-02628-BNB Document 43 Filed 01/31/12 USDC Colorado Page 1 of 1
Exhibit 23.2

 

Consent of Independent Registered Public Accounting Firm

 

The Board of Directors

HSBC Card Services Inc.

 

We consent to the incorporation by reference in the registration statements (No. 333-138404 and No. 333-138404-01) on Form S-3 of HSBC Private Label Credit Card Master Note Trust (USA) I of our attestation report dated March 16, 2009 with respect to HSBC Card Services Inc.’s (formerly known as HSBC Private Label Corporation) (the Company) assessment of compliance with the servicing criteria set forth in Item 1122(d)(1)(ii), 1122(d)(4)(ii), 1122(d)(4)(iv), 1122(d)(4)(vi), 1122(d)(4)(vii), 1122(d)(4)(viii), 1122(d)(4)(ix), and 1122(d)(4)(xiv) of the Securities and Exchange Commission’s Regulation ABapplicable to the servicing of asset backed securitization transactions secured by private label credit card receivables, as of and for the year ended December 31, 2008. Management has determined that all other criteria set forth in Item 1122(d) are not applicable to the Company’sactivities. Our attestation report appears in the December 31, 2008 annual report on Form 10-K of HSBC Private Label Credit Card Master Note Trust (USA) I.  

 

/s/ KPMG LLP

 

Chicago, Illinois

March 25, 2009