alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.157

 

 

DOLLAR THRIFTY AUTOMOTIVE GROUP, INC.

 

September 26, 2007

 

 

Due to the recent change in the payment method provided by Dollar Thrifty Automotive Group, Inc. as it relates to the Board retainers and Committee meeting fees, I am making the following elections effective immediately:

 

Election of Payment of Meeting Fees (Check one)

 

I am currently not deferring meeting fees and have meeting fees paid in cash and paid by DTAG on a quarterly basis.

 

|     X     | I elect to continue being paid in cash |
|---------------------------------------------------|----------------------------------------|

 

|             | I elect to be paid in DTAG Shares of Stock with such DTAG Shares of Stock being issued to me on a yearly basis. |
|--------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------|

 

Election of Payment of Board, Committee and Committee Chair Retainers (Check one)

 

I am currently not deferring retainer fees and have retainers fees paid to me in DTAG 

Shares of Stock with such DTAG Shares of Stock being issued to me on a yearly basis.

 

|             | I elect to continue being paid in DTAG Shares of Stock |
|--------------------------------------------------------------------|--------------------------------------------------------|

 

|     X     | I elect to be paid in cash with cash paid by DTAG on a quarterly basis. |
|---------------------------------------------------|-------------------------------------------------------------------------|

 

 

/s/  Edward C. Lumley             

Edward C. Lumley
UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT

________________ _________________ UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. KEVIN EARL TOOKS, Defendant - Appellant. No. 24-6029 (D.C. No. 5:22-CR-00239-JD-4) (W.D. Okla.)

________________ _________________ ORDER AND JUDGMENT *

________________ _________________ Before EID , KELLY , and BRISCOE , Circuit Judges.

________________ _________________ Pursuant to a plea agreement containing an appellate waiver, Kevin Earl Tooks pleaded guilty to conspiring to possess a nd distribute fentanyl , in violation of 21 U.S.C. § 846. The district court sent enced him to 188 mont hs in prison, which was at the bottom of the advi sory Sentencing Guidelines range of 188 to 235 months. Mr. Tooks appealed, and the government now moves to enforce the appeal waiver. See United States v. Hahn , 359 F.3d 1315, 1328 ( 10th Cir. 2004) (en banc) (per curiam). In response, Mr. Tooks “acknowledges that his appeal waiver is enforceable under the standard set out in United States v. Hahn .” Resp. at 1.

* This order and judgment is not bi nding precedent, except under the doctrines of law of the case, res judica ta, and collateral estoppel. It may be cited, however, for its persuasive value consiste nt with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. FILED United States Court of Appeals Tenth Circuit 

### July 25, 2024 Christopher M. Wolpert Clerk of Court Appellate Case: 24-6029 Document: 010111084896 Date Filed: 07/25/2024 Page: 12 Based on Mr. Tooks’s concession, and our application and interpretation of Hahn , we grant the government’s motion to en force the appeal waiver and dismiss this appeal. Entered for the Court Per Curiam Appellate Case: 24-6029 Document: 010111084896 Date Filed: 07/25/2024 Page: 2
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Roslyn Mac Isaac,

Plaintiff,

v.

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-03935-PHX-DGC

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

Date: October 26, 2017 /s/ Richard B. North, Jr.

Attorney's signature

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed name and bar number

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6000

Telephone number

(404 322-6050

FAX number

Case 2:15-md-02641-DGC Document 8559 Filed 11/02/17 Page 1 of 1
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 213 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                        August 1, 1997.
    Resolved, That the following Member be, and he is hereby, elected to the 
following standing committee of the House of Representatives:
    Committee on Transportation and Infrastructure: Mr. Moran of Kansas.
            Attest:

                                                                          Clerk.
```
1

Safeguarding Health Information: Building Assurance through HIPAA Security

Hosted by the HHS Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST)

Grand Hyatt Washington, 1000 H Street NW, Washington, DC 20001

September 23-24, 2014

Final Agenda with Presentation Links – September 24, 2014

Time Day 1

9:00-9:20

Welcoming and Leadership Remarks

Jocelyn Samuels, Director, Office for Civil Rights, HHS

Matthew Scholl, Acting Chief, Computer Security Division, Information Technology 

Laboratory, NIST

9:20-10:00

Keynote: Safeguarding Patient Information: Real Life Experience

Darren Dworkin

Senior Vice President of Enterprise Information Systems and Chief Information Officer, 

Cedars-Sinai Health System

10:00-11:00

Executive Order 13636: The Healthcare Sector and the Cybersecurity 

Framework

Kevin Stine, Computer Security Division, NIST

Linda Sanches, Office for Civil Rights, HHS

Julie Chua, Office of the National Coordinator for Health IT, HHS

Stephen Curren, Office of Emergency Management, HHS

11:00-11:15 Break

11:15-12:00 Update from the Health IT Policy Committee Privacy & Security Workgroup

Deven McGraw, Partner, Manat, Phelps & Phillips, LLP

12:00-1:15 Lunch

1:15-2:15

Medical Devices: A Practical Guide for Securing Patient Data

Dr. Suzanne Schwartz, Emergency Preparedness/Operations and Medical 

Countermeasures, Center for Devices and Radiological Health, Food and Drug 

Administration

2:15-3:00

Safeguarding Data Using Encryption

Matthew Scholl, Acting Chief, Computer Security Division, NIST

Andy Regenscheid, Cryptographic Technologies Group, NIST

3:00-3:15 Break

3:15-4:15

Trusted Identities for Electronic Health Records

Jeremy Grant, Senior Executive Advisor for Identity Management, NIST

Dr. Doug Fridsma, Chief Scientist, Office of the National Coordinator for Health IT, HHS

4:15-5:00 Lessons Learned from Data Breaches

Stephen Brannon, Principal, Verizon Cyber Intelligence Center

End Conference Day 1
2

Safeguarding Health Information: Building Assurance through HIPAA Security

Hosted by the HHS Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST)

Grand Hyatt Washington, 1000 H Street NW, Washington, DC 20001

September 23-24, 2014

Time Day 2 - Plenary Sessions

9:00-9:15 Welcoming Remarks

9:15-10:00

Keynote: Waking Up the C-Suite to Privacy and Security Risks

Daniel Solove, the John Marshall Harlan Research Professor of Law at the George 

Washington University Law School

10:00-11:00

Business Associates and the Omnibus Rule

Amy Leopard, Partner, Bradley Arant Boult Cummings LLP

Adam Greene, JD, MPH, Davis Wright Tremaine LLP

James B. Wieland, Principal, Health Law and Intellectual Property Groups, Ober|Kaler

11:00-11:15 Break

11:15-12:00

Securing the Infrastructures that Secure Protected Health Information – An 

Opportunity to Engage

Deborah Kobza, Executive Director, National Health Information Sharing and Analysis 

Center

12:00-1:00 Lunch

1:00-2:00

HHS Office for Civil Rights Update

Iliana L. Peters, Senior Advisor for HIPAA Compliance and Enforcement, HHS OCR

2:00 Adjourn
1

The Honorable E. Richard Webber, United States District Judge for the Eastern

District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 07-1354

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the Eastern

* District of Missouri.

Mark Carmel, *

also known as Smiley, * [UNPUBLISHED]

*

Appellant. *

___________

Submitted: May 6, 2008

Filed: May 15, 2008

___________

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

Mark Carmel appeals the 120-month prison sentence the district court1

 imposed

after he pleaded guilty to being a felon in possession of ammunition, in violation of

18 U.S.C. § 922(g)(1). Carmel’s counsel has moved to withdraw and has filed a brief

under Anders v. California, 386 U.S. 738 (1967), arguing that the appeal waiver

contained in Carmel’s plea agreement is not enforceable because the agreement itself
-2-

was not entered into knowingly and voluntarily. More specifically, Carmel maintains

that he did not understand he was agreeing to a 120-month prison sentence.

We will enforce an appeal waiver where both the plea agreement and the appeal

waiver were entered into knowingly and voluntarily, the appeal falls within the scope

of the waiver, and no miscarriage of justice would result. See United States v. Andis,

333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). After reviewing the record, we

conclude that Carmel knowingly and voluntarily entered into his plea agreement and

appeal waiver. We note that, during the plea hearing, the court advised Carmel that

he was waiving “important appeal rights,” fully quoted the terms of the appeal waiver,

and referred several times to the “agreed 120-month sentence.” The court repeatedly

asked Carmel if he understood, and each time Carmel responded, “Yes, sir.” Cf.

Blackledge v. Allison, 431 U.S. 63, 74 (1977) (“Solemn declarations in open court

carry a strong presumption of verity.”). We also conclude that Carmel’s appeal falls

within the scope of the appeal waiver, which provided that he waived all rights to

appeal his sentence unless his prison term exceeded 120 months (the statutory

maximum), and that enforcing the waiver would not result in a miscarriage of justice.

See Andis, 333 F.3d at 891-92; see also United States v. Estrada-Bahena, 201 F.3d

1070, 1071 (8th Cir. 2000) (per curiam) (enforcing appeal waiver in Anders case).

Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75,

80 (1988), we have found no nonfrivolous issue for appeal beyond the scope of the

waiver. Therefore, we enforce the appeal waiver and dismiss the appeal. We grant

counsel leave to withdraw, subject to the condition that counsel promptly comply with

the requirements of Part V of this Court’s Plan to Implement the Criminal Justice Act

by advising Carmel of the procedures for filing a petition for writ of certiorari pro se.

______________________________
**EXHIBIT 31.2****Certification of the Chief Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act.**I, Donna G. Lee, Chief Financial Officer of Xenonics Holdings, Inc. certify that: 1. I have reviewed this report on Form 10-KSB of Xenonics Holdings, Inc.;  2. Based on my knowledge, this annual report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the periods covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the issuer as of, and for, the periodspresented in this report;  4. The issuer’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have: a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the issuer, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this annual report is being prepared;  b) evaluated the effectiveness of the issuer’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered bythis report based on such evaluation; and  c) disclosed in this report any change in the issuer’s internal controlover financial reporting that occurred during the issuer’s most recent fiscalquarter that has materially affected, or is reasonably likely to materially affect,the issuer’s internal control over financial reporting; and 5. The issuer’s other certifying officer and I have disclosed, based on our most recentevaluationof internal control over financial reporting**,**to the issuer’s auditorsand the audit committee of issuer’s board of directors (or persons performing theequivalent functions): a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the issuer’s ability to record, process, summarize and reportfinancial information; and  b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the issuer’s internal control overfinancial reporting.     Date: January 13, 2006 /s/ Donna G. Lee     Name: Donna G. Lee    Title: Chief Financial Officer
EXHIBIT 15.23

 

 

 

November 8, 2006

 

Dollar Thrifty Automotive Group, Inc.

5330 East 31st Street

Tulsa, Oklahoma

 

We have reviewed, in accordance with the standards of the Public Company Accounting Oversight Board (United States), the unaudited interim financial information of Dollar Thrifty Automotive Group, Inc. and subsidiaries for the periods ended September 30, 2006 and 2005, as indicated in our report dated November 8, 2006; because we did not perform an audit, we expressed no opinion on that information.

 

We are aware that our report referred to above, which is included in your Quarterly Report on Form 10-Q for the quarter ended September 30, 2006, is incorporated by reference in Registration Statements No. 333-79603, No. 333-89189, No. 333-33144, No. 333-33146, No. 333-50800, No. 333-128714 and No. 333-136611 on Form S-8.

 

We also are aware that the aforementioned report, pursuant to Rule 436 (c) under the Securities Act of 1933, is not considered a part of the Registration Statement prepared or certified by an accountant or a report prepared or certified by an accountant within the meaning of Sections 7 and 11 of that Act.

 

/s/  DELOITTE & TOUCHE LLP

 

Tulsa, Oklahoma
EX-31.1


RULE 13a-14(a)/15d-14(a) CERTIFICATION

I, Edward Wong Wah On, certify that:

1. I have reviewed this amended annual report on Form 10-KSB/A of APD
ANTIQUITIES, 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 small
business issuer as of, and for, the periods presented in this report;

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) [omitted
pursuant to extended compliance period] for the small business issuer and have:

(a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under my supervision, to ensure that
material information relating to the small business issuer, including its
consolidated subsidiaries, is made known to me by others within those entities,
particularly during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the small business issuer's disclosure
controls and procedures and presented in this report my 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

(c) Disclosed in this report any change in the small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

5. I have disclosed, based on my most recent evaluation of internal control
over financial reporting, to the sall business issuer's auditors and the audit
committee of the small business issuer's board of directors (or persons
performing the equivalent functions):

(a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer'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 small business issuer's internal
control over financial reporting.


Date:  August 28, 2006

                              By:   Edward Wong Wah On
                                    ------------------
                                    Edward Wong Wah On
IV

105TH CONGRESS

1ST SESSION H. RES. 285

Requiring the Chief Administrative Officer of the House of Representatives

to meet the requirements applicable to the head of a department or

independent establishment under the Buy American Act in acquiring

articles, materials, and supplies for the House of Representatives.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 28, 1997

Mr. MANTON (for himself and Mr. TRAFICANT) submitted the following

resolution; which was referred to the Committee on House Oversight

RESOLUTION

Requiring the Chief Administrative Officer of the House

of Representatives to meet the requirements applicable

to the head of a department or independent establishment under the Buy American Act in acquiring articles,

materials, and supplies for the House of Representatives.

1 Resolved,

2 SECTION 1. REQUIRING CHIEF ADMINISTRATIVE OFFICER

3 TO MEET REQUIREMENTS OF BUY AMERICAN

4 ACT IN PROCUREMENT FOR HOUSE OF REP5 RESENTATIVES.

6 (a) IN GENERAL.—The Chief Administrative Officer

7 of the House of Representatives shall meet the require-
2

•HRES 285 IH

1 ments applicable to the head of a department or independ2 ent establishment under the Buy American Act in acquir3 ing, and in contracting for the acquisition of, articles, ma4 terials, and supplies for the House of Representatives.

5 (b) BUY AMERICAN ACT DEFINED.—In this section,

6 the term ‘‘Buy American Act’’ means title III of the Act

7 entitled ‘‘An Act making appropriations for the Treasury

8 and Post Office Departments for the fiscal year ending

9 June 30, 1934, and for other purposes’’, approved March

10 3, 1933 (41 U.S.C. 10a et seq.).

11 SEC. 2. REGULATIONS.

12 The Committee on House Oversight shall have the

13 authority to issue regulations to carry out this resolution.

14 SEC. 3. EFFECTIVE DATE.

15 This resolution shall take effect beginning with the

16 second session of the One Hundred Fifth Congress.

Æ
#### UNITED STATES of America, Appellee, v. Curtis E. DEWITT, Appellant.

No. 04-1015.

United States Court of Appeals, Eighth Circuit.

Submitted: Nov. 24, 2004.

Decided: Nov. 30, 2004.

Joe W. Stecher, U.S. Attorney’s Office, Omaha, NE, for Plaintiff-Appellee.

*487Thomas M. Petersen, Petersen Law Firm, Omaha, NE, for Defendant-Appellant.

Curtis E. Dewitt, Yankton, SD, pro se.

Before MURPHY, FAGG, and SMITH, Circuit Judges.

PER CURIAM.

Curtis E. DeWitt appeals the sentence the district court* imposed after DeWitt pleaded guilty to conspiring to manufacture methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1), and 846. DeWitt argues the district court committed error in imposing a 2-level U.S.S.G. § 3Bl.l(c) role enhancement. We conclude the district court did not plainly fall into error in imposing the role enhancement. *See United States v. Montanye,*996 F.2d 190, 192 (8th Cir.1993) (en banc) (plain-error standard of review when issues are not raised in district court). According to unobjected-to information in the presentence report (PSR), DeWitt had a recipe for making methamphetamine, and he had directed his co-conspirators and others to purchase pseudoephedrine for him in exchange for methamphetamine. *See United States v. Yerkes,*345 F.3d 558, 563 (8th Cir.2003) (§ 3Bl.l(c) role enhancement was proper where defendant, among other things, requested his accomplices obtain methamphetamine precursors for him); *United States v. Beatty,*9 F.3d 686, 690 (8th Cir.1993) (district court may accept as true all unobjected-to factual statements in PSR).

Accordingly, we affirm.

*

The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 354 Agreed to House (ATH)]

105th CONGRESS
  2d Session
H. RES. 354

 Designating majority membership on certain standing committees of the 
                                 House.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 1998

Mr. Saxton submitted the following resolution; which was considered and 
                               agreed to

_______________________________________________________________________

                               RESOLUTION

 
 Designating majority membership on certain standing committees of the 
                                 House.

    Resolved, That the following named Members be, and they are hereby, 
elected to the following standing committees of the House of 
Representatives:
    Committee on the Judiciary: Mr. Rogan of California.
    Committee on National Security: Ms. Granger of Texas.
                                 <all>
```