alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* After examining the briefs and appellate record, this panel has determined

unanimously that oral argument would not materially assist the determination of

this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is

therefore ordered submitted without oral argument. This order and judgment is

not binding precedent, except under the doctrines of law of the case, res judicata,

and collateral estoppel. It may be cited, however, for its persuasive value

consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 

FILED

United States Court of Appeals

Tenth Circuit

February 25, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

MICHAEL E. MCKINZY, SR.,

Plaintiff-Appellant,

v.

INTERSTATE BRANDS

CORPORATION,

Defendant-Appellee.

No. 09-3280

(D.C. No. 2:08-CV-02649-CM-JPO)

(D. Kan.)

ORDER AND JUDGMENT*

Before HARTZ, McKAY, and ANDERSON, Circuit Judges.

Pro se plaintiff Michael E. McKinzy, Sr., appeals from the district court’s

order dismissing his discrimination lawsuit against his former employer, Interstate

Brands Corporation, as a sanction for disobeying the court’s discovery orders. 

Mr. McKinzy never addresses the district court’s order that dismissed his

lawsuit as a sanction; instead he complains about its earlier orders denying,

Appellate Case: 09-3280 Document: 01018373725 Date Filed: 02/25/2010 Page: 1 
-2-

without prejudice, his motions to amend his complaint and for summary

judgment. However, these orders have no affect on the outcome and we will not

consider them on appeal. Orr v. City of Albuquerque, 417 F.3d 1144, 1154

(10th Cir. 2005). 

As to the order of dismissal, Mr. McKinzy never mentions it in his brief,

and perforce, never explains any error. “We routinely have declined to consider

arguments that are not raised, or are inadequately presented, in an appellant’s

opening brief. Stated differently, the omission of an issue in an opening brief

generally forfeits appellate consideration of that issue.” Bronson v. Swensen, 500

F.3d 1099, 1104 (10th Cir. 2007) (citations omitted). 

The appeal is DISMISSED.

ENTERED FOR THE COURT

PER CURIAM

Appellate Case: 09-3280 Document: 01018373725 Date Filed: 02/25/2010 Page: 2
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

HERMAN CHAMBERS, DOC #033836, )

)

Petitioner, )

)

v. ) Case No. 2D18-123

)

WARDEN OF HARDEE CORRECTIONAL )

INSTITUTION, )

)

Respondent. )

)

Opinion filed June 6, 2018.

Petition for Writ of Certiorari to the

Circuit Court for Hardee County; 

Donald G. Jacobsen, Judge.

Herman Chambers, pro se.

Beverly Brewster, Assistant General 

Counsel, Department of Corrections,

Tallahassee, for Respondent.

PER CURIAM.

Denied. 

VILLANTI, KHOUZAM, and SALARIO, JJ., Concur.
EXHIBIT 32.1

Section 1350 Certification of the Chief Executive Officer

In connection with this Quarterly
Report of Sterling Bancshares, Inc. (the Company) on Form 10-Q for the period ending June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, J. Downey Bridgwater, President
and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |     |  |                                                                     
|--------------------- |  | --- |  | --------------------------------------------------------------------
|Dated: August 8, 2008 |  | By: |  | /s/ J. Downey Bridgwater                                            
|                      |  |     |  | J. Downey Bridgwater Chairman, President and
Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) ODWALLA
INC'S FINANCIAL STATEMENTS FOR THE TWENTY-SIX WEEKS ENDED FEBRUARY 26, 2000 AS
FILED ON FORM 10Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH (B)
FILINGS ON FORM 10Q.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                          SEP-02-2000
<PERIOD-START>                             AUG-29-1999
<PERIOD-END>                               FEB-26-2000
<EXCHANGE-RATE>                                      1
<CASH>                                             503
<SECURITIES>                                     1,263
<RECEIVABLES>                                    7,215
<ALLOWANCES>                                       581
<INVENTORY>                                      4,157
<CURRENT-ASSETS>                                15,698
<PP&E>                                          24,424
<DEPRECIATION>                                   9,933
<TOTAL-ASSETS>                                  32,646
<CURRENT-LIABILITIES>                           11,097
<BONDS>                                            585
<PREFERRED-MANDATORY>                            7,931
<PREFERRED>                                          0
<COMMON>                                        29,751
<OTHER-SE>                                      16,718
<TOTAL-LIABILITY-AND-EQUITY>                    32,646
<SALES>                                         34,859
<TOTAL-REVENUES>                                34,859
<CGS>                                           18,541
<TOTAL-COSTS>                                   18,541
<OTHER-EXPENSES>                                17,433
<LOSS-PROVISION>                                   134
<INTEREST-EXPENSE>                                  71
<INCOME-PRETAX>                                (1,166)
<INCOME-TAX>                                     (175)
<INCOME-CONTINUING>                              (991)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (991)
<EPS-BASIC>                                    (.28)
<EPS-DILUTED>                                    (.28)


</TABLE>
2020-05-07 8K Ex 10.1



			

					

						 


					

					

						 


					

					

						 


				
	

					

						 


					

					

						 


					

					

						Exhibit 10.1


				




		

			 

		




		
			
		

		

		

		 


		

			1

		


		

			 

		




 


			

					

						 


					

					

						 


					

					

						 


					

					

						 


					

					

						 


				




		

			 

		




		
		

		

		

		 


		

			2

		


		

			 

		




 


			

					

						 


					

					

						 


					

					

						 


					

					

						 


					

					

						 


				




		

			 

		




		
		

		 


		

			3
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BOOMTOWN,
INC. AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                      20,783,332
<SECURITIES>                                         0
<RECEIVABLES>                                1,489,670
<ALLOWANCES>                                         0
<INVENTORY>                                  1,943,962
<CURRENT-ASSETS>                            30,946,592
<PP&E>                                     187,401,510
<DEPRECIATION>                              40,035,688
<TOTAL-ASSETS>                             207,598,787
<CURRENT-LIABILITIES>                       31,748,402
<BONDS>                                    101,167,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                   103,774,076
<OTHER-SE>                                (34,253,718)
<TOTAL-LIABILITY-AND-EQUITY>               207,598,787
<SALES>                                              0
<TOTAL-REVENUES>                           116,352,141
<CGS>                                                0
<TOTAL-COSTS>                               61,143,987
<OTHER-EXPENSES>                            51,421,647
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           6,955,699
<INCOME-PRETAX>                            (1,750,354)
<INCOME-TAX>                                 (762,062)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (988,292)
<EPS-PRIMARY>                                    (.11)
<EPS-DILUTED>                                        0
        

</TABLE>
# Corps seeks public comments for St. Tammany feasibility study

**New Orleans -- **
The Notice of Intent for the St. Tammany Parish, Louisiana Feasibility Study was published on the Federal Register June 19, 2020 and the Corps of Engineers is seeking public comment for the study.

The study is funded by the Bipartisan Budget Act of 2018 and was initiated in January 2020 following execution of the Feasibility Cost Share agreement with the Coastal Protection and Restoration Authority Board.

This project is in the scoping phase where the Corps of Engineers is seeking public comment to better inform which alternatives should be considered for further study. The scoping, public involvement, and interagency coordination processes will help identify and define the range of potential significant issues that will be considered, such as: social, economic, and environmental impacts associated with the proposed project.

The Corps will host virtual meetings to receive public comments; time and location to follow in subsequent media release and advertisements. Written comments will be accepted through August 3, 2020 when the comment period ends.

To submit questions or comments about the study, or to be added to the project mailing list, mail may be sent to:Mrs. Amy DixonCEMVN-PMR-C7400 Leake Ave.New Orleans, LA 70118

Comments can also be submitted electronically by email to StTammanyFS@usace.army.mil.

For more information please visit https://www.mvn.usace.army.mil/About/Projects/BBA-2018/studies/St-Tammany/.

###

**Contact**

Release no. 20-037

public comment

Notice of Intent

Federal Register Notice

St. Tammany
2 min read

# NASA to Televise Return of Three Space Station Crew Members

### NASA

Dec 04, 2015

MEDIA ADVISORYM15-168

            -   
            -   
            -   
            -   

**Credits: NASA**

NASA Television will provide complete coverage Friday, Dec. 11 of the departure of three crew members from the International Space Station and their return to Earth beginning at 1 a.m. EST.

Expedition 45 Flight Engineers Kjell Lindgren of NASA, Oleg Kononenko of the Russian Federal Space Agency (Roscosmos) and Kimiya Yui of the Japan Aerospace Exploration Agency will undock their Soyuz TMA-17M spacecraft from the space station at 4:49 a.m. The crew members will land in Kazakhstan at 8:12 a.m. (7:12 p.m. Kazakhstan time). Their return will wrap up 141 days in space since their launch in late July.

Activities and NASA TV coverage are as follows:
            - 1 a.m. – Farewell and hatch closure coverage (hatch closure scheduled at 1:25 a.m.)
            - 4:30 a.m. – Undocking coverage (undocking scheduled at 4:49 a.m.)
            - 7 a.m. – Deorbit burn and landing coverage (deorbit burn scheduled at 7:19 a.m., with landing at 8:12 a.m.)
            - 10 a.m. – Video file of hatch closure, undocking and landing activities
            - 9 p.m. – Video file of landing and post-landing activities and post-landing interviews with Lindgren and Yui in Kazakhstan

At the time of undocking, Expedition 46 will begin aboard the station under the continued command of NASA astronaut Scott Kelly. Along with his crewmates Mikhail Kornienko and Sergey Volkov of Roscosmos, the three-person crew will operate the station for four days until the arrival of three new crew members. NASA astronaut Tim Kopra, Russian cosmonaut Yuri Malenchenko and Tim Peake of ESA (European Space Agency) are scheduled to launch from Baikonur, Kazakhstan on Tuesday, Dec. 15.

Kelly and Kornienko are spending one year in space, twice the typical mission duration, to provide researchers the opportunity to advance their knowledge of the medical, psychological and biomedical challenges faced by astronauts during long-duration spaceflight.

Expedition 46 Mission Summary

For the NASA TV streaming video and schedule, visit:

**https://www.nasa.gov/nasatv**

For more information about the International Space Station, visit:

**https://www.nasa.gov/station**

-end-

Cheryl WarnerHeadquarters, Washington202-358-1100cheryl.m.warner@nasa.govDan HuotJohnson Space Center, Houston281-483-5111daniel.g.huot@nasa.gov
Document

1.Amendment to the
2.FLOWSERVE CORPORATIONANNUAL INCENTIVE PLAN
3.(As Amended and Restated effective February 14, 2017) 
WHEREAS, Flowserve Corporation, a New York corporation (the “Company”) maintains the Flowserve Corporation Annual Incentive Plan (as amended, the “Plan”); 
WHEREAS, Article 10 of the Plan provides that the Organization and Compensation Committee of the Company’s Board of Directors (the “Committee”) or the Board of Directors of the Company may amend the Plan, provided that any action that would otherwise be adverse to a participant will only be made on a prospective basis unless required by applicable law; and
WHEREAS, the Committee has determined that the Plan should be amended to remove all references to the Flowserve Corporation Equity and Incentive Compensation Plan in light of the expiration of such plan and revisions made to Section 162(m) of the Internal Revenue Code of 1986, as amended, and that the Plan should operate as a standalone incentive compensation plan effective as of January 1, 2020.
NOW, THEREFORE, the Plan is hereby amended as follows effective as of January 1, 2020:
1. Section 1.1 is hereby amended and restated in its entirety as follows:
SECTION 1.1 Establishment of the Plan. Flowserve Corporation, a New York corporation, hereby establishes an annual incentive compensation plan known as the Flowserve Corporation Annual Incentive Plan, effective as of February 14, 2017 (the “Plan”). The Plan permits the Company to award annual incentive award payouts to Participants based on the achievement of pre-established performance goals. The Plan shall continue to be effective until terminated by the Board, pursuant to Article 10.
2. Section 2.12 is hereby amended and restated in its entirety as follows:
SECTION 2.12  [Intentionally omitted.]
3. Section 3.1 is hereby amended and restated in its entirety as follows:
SECTION 3.1 The Committee. The Plan shall be administered by the Committee or its delegate. Membership on the Committee shall be limited to those members of the Board who are independent directors as required by the New York Stock Exchange “NYSE” rules.
4.         Section 5.1(a) is hereby amended and restated in its entirety as follows:
SECTION 5.1 Performance Measures and Performance Goals. (a) Prior to the beginning of each Performance Period, or as soon as practicable thereafter (and no later than 90 days after the commencement of the Performance Period, or if the Performance Period is less than twelve (12) months, no later than before 25% of the Performance Period has been completed), the 








Committee shall select performance measures and shall establish performance goals for that Performance Period.
5. Section 5.1(f) is hereby deleted in its entirety.


IN WITNESS WHEREOF, this amendment to the Plan is executed this 19th day of February, 2020.




Flowserve Corporation, 
a New York corporation 


By: _________________________________
           Name: Lanesha T. Minnix
             Title: Senior Vice President and 
Chief Legal Officer 




        2
EXHIBIT 32.2

                    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

In connection with the Annual Report of North Coast Partners, Inc. (the
"Company") on Form 10-KSB for the year ending August 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Wong
Peck Ling, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:

      (1)   The Report fully complies with the requirements of section 13(a) 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/ Wong Peck Ling
                                     -------------------------------------------
                                     Wong Peck Ling, Chief Financial Officer
                                     November 30, 2005

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.
<TABLE> <S> <C>

<ARTICLE>                   5
       
<S>                                         <C>
<PERIOD-TYPE>                                       3-MOS
<FISCAL-YEAR-END>                             DEC-31-1999
<PERIOD-START>                                JAN-01-1999
<PERIOD-END>                                  MAR-31-1999
<CASH>                                            315,429
<SECURITIES>                                            0
<RECEIVABLES>                                      44,392
<ALLOWANCES>                                            0
<INVENTORY>                                             0
<CURRENT-ASSETS>                                  420,496
<PP&E>                                                  0
<DEPRECIATION>                                          0
<TOTAL-ASSETS>                                 14,836,882
<CURRENT-LIABILITIES>                           1,102,162
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                            70
<COMMON>                                            1,034
<OTHER-SE>                                     10,734,720
<TOTAL-LIABILITY-AND-EQUITY>                   14,836,882
<SALES>                                           838,973
<TOTAL-REVENUES>                                  838,973
<CGS>                                                   0
<TOTAL-COSTS>                                     690,748
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                 66,663
<INCOME-PRETAX>                                    97,338
<INCOME-TAX>                                       65,151
<INCOME-CONTINUING>                                32,187
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                       (543,870)
<NET-INCOME>                                    (511,683)
<EPS-PRIMARY>                                       (.05)
<EPS-DILUTED>                                       (.05)
        

</TABLE>
Exhibit 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of OCTuS, Inc. a Nevada corporation (the
"Company") on Form 10-QSB for the period ending June 30, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Josie Ben
Rubi, Chief Executive Officer of the Company, certifies to the best of his
knowledge, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of
                  operations of the Company.

A signed original of this written statement required by Section 906 has been
provided to OCTuS, Inc., and will be retained by OCTuS, Inc. and furnished to
the Securities and Exchange Commission or its staff upon request.


/s/ Josie Ben Rubi
--------------------------
Josie Ben Rubi
Chief Executive Officer

August 23, 2005
#### TERRY HODGDON v. PROJECT PACKAGING, INC.

February 27, 1987.

Petition for certification denied. (See 214 *N.J.Super.*352)
# Sitemap

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#### STATE OF NEW JERSEY v. GEORGE LEE POWELL.

January 20, 1987.

Petition for certification denied.
NO,

$ CRIMINAL mfV-WPEAlS

$ APPEALS OF TEXAS ^2flf5

V.

THE STAE OF TEXAS

MOTION TO SUSPEND RULE 9.3(b)

TO THE HONORABLE OCURT OF CRIMINAL APPEALS OF TEXAS:

NOW COMES, Alfred Lee Rice, appellant respectfully presenting

this foregoing motion to suspend rule 9.3(b) which would require

him to send (ll)-copies of his Petition For Discretionar\C|R&vieM,

a n u- . ^ -j j n COURT OFCRIMINAL APPEALS and allow his to be required to send only one copy of his (PDR),

VIM 90 ?l315 and in support present's the following in support; ^y "

1). Appellant does not have access to a copy machine, andj ^hgtgejgierk

no way to obtain copies here on the unit. uc

2). Appellant does not have the funds to pay for out-side service

to pay to have copies made, nor does he have the funds if

such services were available.

'3}7-~Appellant is* appealing a couviction fron the 142th District

Court, Midland County, cause number is Cr41989t and he

appealed to the 11th Court of Appeals cause #ll-13-00302-CR.

Appellant respectfully present's this motion, and ask the court

to grant appellant's request. RESPECTFULLY SUBMITTED

ED LEE RICE#1888258

CERTIFICATE OF SERVICE

AbQ^costa,ClBrk

I certify the a true and correct copy of the foregoing motion was

sent to the Court of Appeals for the 11th District. .~

ALFRED LEE RICE #1888258

(1)

ALKEN POLUNSKY UNIT

3872 F.M. 350 South

LIVINGSTON, TEX. 77351