alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Notices]
[Pages 60093-60094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24463]


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

DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision for the United States Marine Corps Basewide 
Utilities Infrastructure Project at Marine Corps Base Camp Pendleton, 
CA

AGENCY: Department of the Navy, DoD.

ACTION: Record of Decision.

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

SUMMARY: Pursuant to Section 102(2)(c) of the National Environmental 
Policy Act (NEPA) of 1969, 42 United States Code (U.S.C.) Section 
4332(2)(c), the regulations of the Council on Environmental Quality 
(CEQ) for Implementing the Procedural Provisions of NEPA (40 Code of 
Federal Regulations [CFR] parts 1500-1508), the Department of the Navy 
(DoN) NEPA regulations (32 CFR part 775), and the Marine Corps 
Environmental Compliance and Protection Manual, which is Marine Corps 
Order P5090.2A w/change 2 (MCO P5090.2A), the DoN announces its 
decision to upgrade and improve the Basewide water, wastewater, 
electrical, communication, and natural gas systems at Marine Corps Base 
Camp Pendleton (MCBCP), California as described in Alternative 1, the 
Preferred Alternative. The Preferred Alternative best meets the purpose 
and

[[Page 60094]]

need for the proposed action in terms of the screening criteria 
applied, including having the least number of impacts to the 
environment of the action alternatives and the least impacts to base 
operations and training.
    The proposed action will include the construction, operation, and 
maintenance of utility infrastructure upgrades, expansions, and 
improvements within MCBCP. These improvements will include a new 
tertiary wastewater treatment plant and associated facilities serving 
the northern portion of MCBCP; upgrades to the Base electrical 
distribution systems and associated facilities, including replacement 
of existing 4.16kV and 12kV electrical distribution systems; upgrades 
to the Basewide communication systems; upgrades to the Basewide natural 
gas systems; and new water and wastewater facilities and road 
improvements to Range 130. All practical means to avoid or minimize 
environmental harm from the selected alternative have been adopted.

SUPPLEMENTARY INFORMATION: The complete text of the Record of Decision 
is available for public viewing on the project Web site at http://www.cpp.usmc.mil/base/environmental/index.asp along with copies of the 
final Environmental Impact Statement (EIS). For further information, 
contact the Basewide Utilities Infrastructure EIS Project Manager, 1220 
Pacific Highway, San Diego, California 92132-5190. Telephone: 619-532-
3844.

    Dated: September 23, 2010.
D.J. Werner,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2010-24463 Filed 9-28-10; 8:45 am]
BILLING CODE 3810-FF-P
#### Robert GIELCHINSKY and Wendy Gielchinsky, Appellants, v. The POOL PEOPLE, INC., a Florida Corporation, Appellee.

No. 4D09-4391.

District Court of Appeal of Florida, Fourth District.

Feb. 9, 2011.

Byron G. Petersen of Byron G. Petersen P.A., Fort Lauderdale, for appellants.

Jeffrey B. Shalek of Phillips, Cantor & Shalek, P.A., Hollywood, for appellee.

PER CURIAM.

We reverse the circuit court’s August 3, 2009 order dismissing the case for “lack of activity ... pursuant to rule 1.420.” Prior to dismissal, no notice contemplated by Florida Rule of Civil Procedure 1.420(e) had been served. *See, e.g.,*Fla. R. Civ. P. Form 1.989. Judge Padovano explains the mechanics of the rule:

> As a prerequisite to filing a motion to dismiss under the rule, the defending party must serve notice on the claimant that there has been no record activity in the case for ten months. The claimant then has sixty days to take some action to advance the progress of the case. If there is no record activity during the sixty-day period following service of the notice, the defending party may then file a motion to dismiss for failure to prosecute.

Philip J. Padovano, *Florida Civil Practice*§ 12.3 (2007 ed.) *(quoted in Swait v.*
      *844
      *Swait,*958 So.2d 552, 553 (Fla. 4th DCA 2007)). This procedure focuses a plaintiff on the need for record activity to avoid dismissal. The June 1, 2009 order setting a June 16 case management hearing does not mention the potential of dismissal under rule 1.420(e). The court’s oral reminder of the absence of record activity at the June 16 hearing did not comply with the requirements of rule 1.420(e). Similarly, the court’s June 17, 2009 order setting an August 3 case management hearing contained no reference to rule 1.420(e) or the potential of dismissal due to the absence of record activity. The court’s August 3 dismissal thus failed to comply with the procedure established by the rule.

*Reversed and remanded.*

GROSS, C.J., MAY and DAMOORGIAN, JJ., concur.
#### STATE of Louisiana v. Jon A. WILLIS.

No. 2011-KK-1273.

Supreme Court of Louisiana.

Sept. 23, 2011.

In re Willis, Jon A.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Catahoula, 7th Judicial District Court Div. A, No. 05-0664; to the Court of Appeal, Third Circuit, No. KW 11-00364.

Denied.
EX-10.1








Exhibit 10.1


	 	 	 	 	 


THIS AMENDMENT NO. 1 (“Amendment”) to the M & F Worldwide Corp. 2008 Long Term Incentive
Plan (‘Plan”) executed and effective as of December 31, 2008.



WHEREAS, M & F Worldwide Corp., a Delaware corporation (“Company”), previously adopted the Plan;
and



WHEREAS, in order to conform to the requirements of Section 409A of the Internal Revenue Code on
1986, as amended, the Company desires to amend the Plan.



NOW, THEREFORE:





     1. Section 6.1 of the Plan is amended to delete the phrase “or about” in the first sentence
thereof.



     2. Section 6.1 of the Plan is amended to delete the phrase “Section 6.5” and replace it with
the phrase “Section 6.4”.



     3. Section 8.11 of the Plan is amended to insert the phrase “unless prohibited under Section
409A of the Code” after the phrase “due under this Plan”.



     4. Section 8.16 of the Plan is amended to insert the phrase “or be exempt from” after the
phrase “intended to comply with” in the first sentence thereof.



     5. Section 8.16 of the Plan is amended to add the following after the end of the second
sentence thereof:




     To the extent a Participant would otherwise be entitled to any payment or benefit
under this Plan, which constitutes (i) a “deferral of compensation” which would be due or
payable on account of the Participant’s “separation from service” (within the meaning of
Section 409A of the Code and as determined by the Committee), (ii) subject to Section 409A
of the Code and (iii) if paid during the six (6) months beginning on the date of
termination of the Participant’s employment would be subject to the Section 409A additional
tax because the Participant is a “specified employee” (within the meaning of Section 409A
of the Code and as determined by the Committee), then if such six month delay is required
to avoid the Section 409A additional tax the payment or benefit will be paid or provided
to the Participant on the earlier of the first day following the six (6) month anniversary
of the Participant’s termination of employment or death.



     6. Except as modified by this Amendment, the existing provisions of the Plan shall remain in
full force and effect.



	 	 	 	 	 	 	 
	 

	 	Name:
	 	/s/ Edward P. Taibi	 	 
	 

	 	 	 	 

	 	 
	 

	 	Title:
	 	Senior Vice President
##### 



Exhibit 32.2

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

In connection with the Quarterly Report of MakeMusic! Inc. (the Company)
on Form 10-QSB for the quarter ended June 30, 2003 as filed with the Securities
and Exchange Commission (the Report), I, Barbara S. Remley, Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted
pursuant to §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.

|                |  |                        
|--------------- |  | -----------------------
|August 13, 2003 |  |                        
|                |  | /s/ Barbara S. Remley  
|                |  |                        
|                |  | Chief Financial Officer

20
<PAGE>   1

                                                                    EXHIBIT 11.1


               Net Income Per Share

               MELITA INTERNATIONAL CORPORATION
               COMPUTATION OF NET INCOME PER SHARE

                 (in thousands, except per share data)

<TABLE>
<CAPTION>
                                                  1997     1996     1995
                                                  ----     ----     ----
<S>                                             <C>       <C>       <C>
BASIC
Weighted average common shares
  outstanding                                    8,000    8,000     8,000
Effect of the combination                        3,143    3,143     3,143
Effect of the issuance of shares in
  the IPO                                        2,395       --        --
Dilutive effect of common equivalent
  shares                                            --       --        --
Effect of shareholder distribution                 294      945       945
Weighted average common
  equivalent shares outstanding                 13,832   12,088    12,088
                                                ======   ======    ======
Net income after income tax                     10,529    7,609     4,749
Earnings per share                                0.76     0.63      0.39
                                                ======   ======    ======
Pro forma net income                             7,610    4,782     2,955
Pro forma earnings per share                      0.55     0.40      0.24
                                                ======   ======    ======

FULLY DILUTED
Weighted average common shares
  outstanding                                    8,000    8,000     8,000
Effect of the combination                        3,143    3,143     3,143
Effect of the issuance of shares in
  the IPO                                        2,395       --        --
Dilutive effect of common equivalent
  shares                                           554      275       250
Effect of shareholder distribution                 294      945       945
Weighted average common
  equivalent shares outstanding                 14,386   12,363    12,338
                                                ======   ======    ======
Net income after income tax                     10,529    7,609     4,749
Earnings per share                                0.73     0.62      0.38
                                                ======   ======    ======
Pro forma net income                             7,610    4,782     2,955
Pro forma earnings per share                      0.53     0.39      0.24
                                                ======   ======    ======
</TABLE>

                                                                       49
EXHIBIT 32



Certification of Chief Executive Officer

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



Cecil A. Brooks does hereby certify that the Annual Report of Cornerstone Ministries Investments, Inc. on Form 10-KSB for the year ended December 31, 2005 (the "Report") fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



Date: September 6, 2006.

/s/ Cecil A. Brooks, Chairman, President and Chief Executive Officer



Certification of Chief Financial Officer

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



John T. Ottinger, does hereby certify that the Annual Report of Cornerstone Ministries Investments, Inc. on Form 10-KSB for the year ended December 31, 2005 (the "Report") fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



Date: September 6, 2006.

/s/ John T. Ottinger, Vice President, Chief Operating Officer and Chief Financial Officer









34
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1509 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 1509

 To amend the Internal Revenue Code of 1986 to permanently extend the 
            subpart F exemption for active financing income.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2007

   Mr. Neal of Massachusetts (for himself, Mr. Camp of Michigan, Mr. 
Cantor, Mr. Crowley, Mr. Davis of Alabama, Mr. English of Pennsylvania, 
 Mr. Herger, Mr. Sam Johnson of Texas, Mr. Larson of Connecticut, Mr. 
 Lewis of Kentucky, Mr. McDermott, Mr. Miller of Florida, Mr. Pomeroy, 
Mr. Ramstad, Mrs. Jones of Ohio, and Mr. Weller of Illinois) introduced 
  the following bill; which was referred to the Committee on Ways and 
                                 Means

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to permanently extend the 
            subpart F exemption for active financing income.

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

SECTION 1. PERMANENT SUBPART F EXEMPTION FOR ACTIVE FINANCING INCOME.

    (a) Banking, Financing, or Similar Businesses.--Subsection (h) of 
section 954 of the Internal Revenue Code of 1986 (relating to special 
rule for income derived in the active conduct of banking, financing, or 
similar businesses) is amended by striking paragraph (9).
    (b) Insurance Businesses.--Subsection (e) of section 953 of such 
Code (relating to exempt insurance income) is amended by striking 
paragraph (10) and by redesignating paragraph (11) as paragraph (10).
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years of a foreign corporation beginning after the 
date of the enactment of this Act, and to taxable years of United 
States shareholders with or within which such taxable years of such 
foreign corporation end.
                                 <all>
```
#### Clay ROBINSON, Appellant, v. STATE of Florida, Appellee.

No. 4D09-3991.

District Court of Appeal of Florida, Fourth District.

July 14, 2010.

Rehearing Denied Oct. 15, 2010.

Frank G. Fernandez of Fernandez, Lar-kin *&*Garcia, P.A., Tampa, for appellant.

No appearance required for appellee.

*137PER CURIAM.

We affirm the trial court’s order denying appellant’s Rule 3.850 motion for postcon-viction relief as untimely. Fla. R.Crim. P. 3.850(b).

Although appellant alleges that the Rule 3.850(b)(3) exception to the two-year time limit applies, i.e., that he retained counsel to file the postconviction motion and counsel through neglect failed to do so, by his own allegations appellant learned that retained counsel had not filed a motion within sufficient time to file a motion of his own, nearly a year before the two-year time limit expired. *See Steele v. Kehoe,*747 So.2d 931, 934 (Fla.1999) (creating the Rule 3.850(b)(3) exception and recognizing that the attorney’s neglect must be the proximate cause of motion’s untimeliness).1

Appellant does not allege that retained counsel frustrated his ability to timely file a motion. *Cf. Flowers v. State,*889 So.2d 123 (Fla. 4th DCA 2004). *See also Ward v. Dugger,*508 So.2d 778, 779 (Fla. 1st DCA 1987) (concluding that prisoner “might be entitled to file a belated motion for postconviction relief if the actions of her attorney had frustrated her intention to file such a motion in a timely fashion”).

*Affirmed.*

POLEN, TAYLOR and MAY, JJ., concur.

1

. Typically, as in *Steele,*the Rule 3.850(b)(3) exception is applied when retained counsel files the motion outside the two-year time frame.
EXHIBIT 32.1

 

	

Written Statement of Chief Executive Officer and Chief Financial Officer 

Pursuant to Section 906 

of the Sarbanes-Oxley Act of 2002

(18 U.S.C. Section 1350)

 

The undersigned, the Chief Executive Officer and the Chief Financial Officer of Tripos, Inc. (the "Company"), each hereby certifies that, to his knowledge on the date hereof:

(a)	the Quarterly Report on Form 10-Q of the Company for the Quarter Ended June 30, 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 

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

 

 

	/s/ John P. McAlister
	John P. McAlister

	Chief Executive Officer

	August 9, 2005

 

	/s/ B. James Rubin
	B. James Rubin

	Chief Financial Officer

	August 9, 2005
<PAGE>

EXHIBIT 10.4

            Schedule of Additional Supplementary Retention Agreements

         In addition to the Supplementary Retention Agreement included as
exhibit 10.3, GSB Financial Corporation has executed Supplementary Retention
Agreements with three additional employees. With the exception of the name and
address of each individual, all the Supplementary Retention Agreements are
identical and there are no material details which differ from the agreement
included as Exhibit 10.1. In accordance with SEC Rule 12b-31 and Instruction 2
to Item 601 of Regulation S-K, the following schedule identifies the three other
employees.

1.  Barbara Carr
2.  Jennifer Terpstra
3.  Richard C. Burch
[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Notices]
[Page 60467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24451]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Healthcare Research and Quality


Notice of Meeting

    In accordance with section 10(d) of the Federal Advisory Committee 
Act (5 U.S.C., Appendix 2), announcement is made of a Health Care 
Policy and Research Special Emphasis Panel (SEP) meeting.
    A Special Emphasis Panel is a group of experts in fields related to 
health care research who are invited by the Agency for Healthcare 
Research and Quality (AHRQ), and agree to be available, to conduct on 
an as needed basis, scientific reviews of applications for AHRQ 
support. Individual members of the Panel do not attend regularly-
scheduled meetings and do not serve for fixed terms or a long period of 
time. Rather, they are asked to participate in particular review 
meetings which require their type of expertise.
    Substantial segments of the upcoming SEP meeting listed below will 
be closed to the public 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). Grant applications for the Active Aging, Supporting 
Individuals and Enhancing Community-Based Care through Health 
Information Technology (P50) applications are to be reviewed and 
discussed at this meeting. These discussions are likely to reveal 
personal information concerning individuals associated with the 
applications. This information is exempt from mandatory disclosure 
under the above-cited statutes.
    SEP Meeting on: Active Aging, Supporting Individuals and Enhancing 
Community-Based Care through Health Information Technology (P50).
    Date: November 2, 2010 (Open on November 2 from 8:30 a.m. to 8:45 
a.m. and closed for the remainder of the meeting).
    Place: Hilton Washington DC/Rockville Hotel &; Executive Meeting 
Center, 1750 Rockville Pike, Conference Room TBD, Rockville, MD 20852.
    Contact Person: Anyone wishing to obtain a roster of members, 
agenda or minutes of the nonconfidential portions of this meeting 
should contact Mrs. Bonnie Campbell, Committee Management Officer, 
Office of Extramural Research, Education and Priority Populations, 
AHRQ, 540 Gaither Road, Room 2038, Rockville, Maryland 20850, Telephone 
(301) 427-1554.
    Agenda items for this meeting are subject to change as priorities 
dictate.

    Dated: September 17, 2010.
Carolyn M. Clancy,
Director.
[FR Doc. 2010-24451 Filed 9-29-10; 8:45 am]
BILLING CODE 4160-90-M
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           4,011
<SECURITIES>                                         0
<RECEIVABLES>                                   77,371
<ALLOWANCES>                                     3,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                                82,152
<PP&E>                                          84,996
<DEPRECIATION>                                (10,617)
<TOTAL-ASSETS>                                 243,649
<CURRENT-LIABILITIES>                         (49,055)
<BONDS>                                       (78,913)
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         (119)
<OTHER-SE>                                   (112,985)
<TOTAL-LIABILITY-AND-EQUITY>                 (243,649)
<SALES>                                              0
<TOTAL-REVENUES>                             (304,273)
<CGS>                                                0
<TOTAL-COSTS>                                  277,951
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   863
<INTEREST-EXPENSE>                               8,658
<INCOME-PRETAX>                               (17,437)
<INCOME-TAX>                                     6,800
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    537
<CHANGES>                                            0
<NET-INCOME>                                   (9,848)
<EPS-PRIMARY>                                   (0.48)
<EPS-DILUTED>                                   (0.48)
        

</TABLE>