alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1

                                                                      EXHIBIT 11

                         EARNINGS PER SHARE COMPUTATIONS
                      (IN THOUSANDS EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>
                                                      THREE MONTH PERIOD                   SIX MONTH PERIOD
                                                        ENDED JUNE 30,                       ENDED JUNE 30,
                                                  --------------------------          --------------------------
                                                    2001              2000              2001              2000
                                                  --------          --------          --------          --------
<S>                                               <C>               <C>               <C>               <C>
EARNINGS PER COMMON AND DILUTIVE
  POTENTIAL COMMON SHARE:
  Net Income                                      $  8,713          $  5,840          $ 17,338          $ 11,195
                                                  ========          ========          ========          ========

  Shares:
  Weighted average number of common
      shares outstanding - Basic                    26,807            26,615            26,816            26,705
   Effect of dilutive securities (a):
      Stock options                                     62               344                60               322
                                                  --------          --------          --------          --------
        Adjusted common shares - Diluted            26,869            26,959            26,876            27,027
                                                  ========          ========          ========          ========

EARNINGS PER SHARE - DILUTED                      $   0.32          $   0.22          $   0.65          $   0.41
                                                  ========          ========          ========          ========
</TABLE>

(a) Shares issuable were derived using the "Treasury Stock Method" for all
dilutive potential shares.
State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: October 2, 2014 518212 

________________________________

In the Matter of PAUL CHANDLER,

Petitioner,

v MEMORANDUM AND JUDGMENT

ANTHONY J. ANNUCCI, as Acting 

Commissioner of Corrections 

and Community Supervision,

Respondent.

________________________________

Calendar Date: August 4, 2014

Before: Peters, P.J., Garry, Egan Jr., Devine and Clark, JJ.

__________

Paul Chandler, Comstock, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Peter H.

Schiff of counsel), for respondent.

__________

Proceeding pursuant to CPLR article 78 (transferred to this

Court by order of the Supreme Court, entered in Clinton County)

to review a determination of respondent which found petitioner

guilty of violating certain prison disciplinary rules.

During a search of his cell, petitioner was found to be in

possession of numerous Uniform Commercial Code (hereinafter UCC)

forms and related literature. Following a tier III disciplinary

hearing, he was found guilty of violating the prison disciplinary

rules prohibiting possession of unauthorized literature and UCC

materials, as well as contraband. After that determination was

upheld on administrative appeal, petitioner commenced the present

CPLR article 78 proceeding.
-2- 518212 

We confirm. Petitioner's contention that he was authorized

to possess the UCC forms and related documentation is belied by

the misbehavior report, documentary evidence and hearing

testimony, all of which provide substantial evidence to support

the determination of guilt (see Matter of Bunting v Fischer, 94

AD3d 1320, 1320 [2012]; Matter of Samuels v Department of

Correctional Servs. Staff, 84 AD3d 1629, 1630 [2011]). Further,

as the possession of these materials is prohibited, the manner in

which he obtained them is immaterial (see Matter of Arrington v

Venettozzi, 87 AD3d 1215, 1215-1216 [2011]). His unpreserved

argument that the rules prohibiting him from possessing the

documents in question are unconstitutional "must be raised in the

context of the prison grievance procedure" (Matter of Bunting v

Fischer, 94 AD3d at 1321). Petitioner's remaining claims are

also unpreserved for our review and, in any event, are without

merit.

Peters, P.J., Garry, Egan Jr., Devine and Clark, JJ.,

concur.

ADJUDGED that the determination is confirmed, without

costs, and petition dismissed.

ENTER:

Robert D. Mayberger

Clerk of the Court
Exhibit 13.8



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the accompanying Annual Report on Form 20-F of Inmarsat Ventures Limited (the Company)
for the annual period ended 31 December 2006 (the Periodic Report), I, Rick Medlock, Chief Financial Officer of the Company, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge the Periodic Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information contained in the Periodic Report fairly
presents, in all material respects, the financial condition and results of operations of the Company.



By:

/s/    RICK MEDLOCKRick Medlock Chief Financial Officer




Date: 29 April 2008
Exhibit 32



CERTIFICATION



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350, as adopted), Jay M. Short, Ph.D., the Chief Executive Officer of Diversa
Corporation (the Company), and Karin Eastham, the Chief Financial Officer of the Company, each hereby certifies that, to the best of his or her knowledge:



1.    The Companys Quarterly Report on Form 10-Q for the period ended September
30, 2003, to which this Certification is attached as Exhibit 32 (the Periodic Report), fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and



2.    The information contained in the
Periodic Report fairly presents, in all material respects, the financial condition of the Company at the end of the period covered by the Periodic Report and results of operations of the Company for the period covered by the Periodic Report.



|Dated: November 13, 2003                    |  |  |  |                                      
|------------------------------------------- |  |  |  | -------------------------------------
|                                            |  | 
|/s/    JAY M. SHORT                         |  |  |  | /s/    KARIN EASTHAM                 
|                                            |  |  | 
|Jay M. Short, Ph.D. Chief
Executive Officer |  |  |  | Karin Eastham Chief Financial
Officer



A signed original of this written
statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided by Diversa Corporation and will be retained by Diversa Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
* 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. 02-40143

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OSCAR FRANCISCO HERAS-JIMENEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-01-CR-691

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

December 12, 2002

Before JOLLY, JONES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Oscar Francisco Heras-Jimenez (“Heras”) pleaded guilty to

possession with intent to distribute more than one hundred

kilograms of marijuana in violation of 21 U.S.C. § 841(a)(1) and

(b)(1)(B). Heras contends that 21 U.S.C. § 841 is

unconstitutional in light of the Supreme Court’s decision in

Apprendi v. New Jersey, 530 U.S. 466, 488 (2000). Heras

acknowledges that his argument is foreclosed by this court’s
No. 02-40143

-2-

precedent, United States v. Slaughter, 238 F.3d 580, 582 (5th

Cir. 2000), but he seeks to preserve the issue for Supreme Court

review.

Heras’s argument is foreclosed. Slaughter, 238 F.3d at 582;

see United States v. Fort, 248 F.3d 475, 482-83 (5th Cir.), cert.

denied, 122 S. Ct. 405 (2001). Accordingly, the district court’s

judgment is AFFIRMED.
IB 

Union Calendar No. 309 

108TH CONGRESS 

2D SESSION H. R. 4115 

[Report No. 108–535] 

To amend the Act of November 2, 1966 (80 Stat. 1112), to allow binding 

arbitration clauses to be included in all contracts affecting the land 

within the Salt River Pima-Maricopa Indian Reservation. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 1, 2004 

Mr. HAYWORTH (for himself and Mr. FLAKE) introduced the following bill; 

which was referred to the Committee on Resources 

JUNE 9, 2004 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL 

To amend the Act of November 2, 1966 (80 Stat. 1112), 

to allow binding arbitration clauses to be included in 

all contracts affecting the land within the Salt River 

Pima-Maricopa Indian Reservation. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 4115 RH 

1 SECTION 1. BINDING ARBITRATION FOR SALT RIVER PIMA2 MARICOPA INDIAN RESERVATION CON3 TRACTS. 

4 (a) IN GENERAL.—Section 2(c) of the Act of Novem5 ber 2, 1966 (25 U.S.C. 416a(c)), is amended— 

6 (1) in the first sentence— 

7 (A) by striking ‘‘Any lease’’ and all that 

8 follows through ‘‘affecting land’’ and inserting 

9 ‘‘Any contract, including a lease, affecting 

10 land’’; and 

11 (B) by striking ‘‘such lease or contract’’ 

12 and inserting ‘‘such contract’’; and 

13 (2) in the second sentence, by striking ‘‘Such 

14 leases or contracts entered into pursuant to such 

15 Acts’’ and inserting ‘‘Such contracts’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect as if included in the Indian 

18 Tribal Economic Development and Contract Encourage19 ment Act of 2000 (Public Law 106–179). 

Union Calendar No. 309 

108TH CONGRESS 

2D SESSION H. R. 4115 

[Report No. 108–535] 

A BILL 

To amend the Act of November 2, 1966 (80 Stat. 

tion. the Salt River Pima-Maricopa Indian Reservaincluded in all contracts affecting the land within 1112), to allow binding arbitration clauses to be 

JUNE 9, 2004 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 04-50159 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE GUADALUPE MORENO-AMAYA, also known as Enrique Garcia, also known as Jose G. Moreno, also known as Jose Guadalupe Moreno, also known as Jose Moreno, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. SA-03-CR-366-ALL

-------------------- Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Jose Guadalupe Moreno-Amaya concedes that the arguments raised are foreclosed by circuit precedent but seeks to preserve them for further review. The Government has moved for summary affirmance in lieu of filing an appellee’s brief. The motion is GRANTED, and the judgment of the district court is AFFIRMED. United States Court of Appeals Fifth Circuit 

## F I L E D August 18, 2004 Charles R. Fulbruge III Clerk
EXHIBIT E 

Case: 1:20-cv-04709 Document #: 1-5 Filed: 08/11/20 Page 1 of 14 PageID #:45
Case: 1:20-cv-04709 Document #: 1-5 Filed: 08/11/20 Page 2 of 14 PageID #:46
Case: 1:20-cv-04709 Document #: 1-5 Filed: 08/11/20 Page 3 of 14 PageID #:47
Case: 1:20-cv-04709 Document #: 1-5 Filed: 08/11/20 Page 4 of 14 PageID #:48
Case: 1:20-cv-04709 Document #: 1-5 Filed: 08/11/20 Page 5 of 14 PageID #:49
Case: 1:20-cv-04709 Document #: 1-5 Filed: 08/11/20 Page 6 of 14 PageID #:50
Case: 1:20-cv-04709 Document #: 1-5 Filed: 08/11/20 Page 7 of 14 PageID #:51
Case: 1:20-cv-04709 Document #: 1-5 Filed: 08/11/20 Page 8 of 14 PageID #:52
Case: 1:20-cv-04709 Document #: 1-5 Filed: 08/11/20 Page 9 of 14 PageID #:53
Case: 1:20-cv-04709 Document #: 1-5 Filed: 08/11/20 Page 10 of 14 PageID #:54
Case: 1:20-cv-04709 Document #: 1-5 Filed: 08/11/20 Page 11 of 14 PageID #:55
Case: 1:20-cv-04709 Document #: 1-5 Filed: 08/11/20 Page 12 of 14 PageID #:56
Case: 1:20-cv-04709 Document #: 1-5 Filed: 08/11/20 Page 13 of 14 PageID #:57
Case: 1:20-cv-04709 Document #: 1-5 Filed: 08/11/20 Page 14 of 14 PageID #:58
1

Filed 7/ 8/15 In re S.M. CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DI VISION ONE

In re S.M., a Person Coming Under the

Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent,

v.

S.M.,

Defendant and Appellant. A143919

(Sonoma County

Super. Ct. No. 26385J)

Defendant S.M. challenges a juvenile court order declaring her a ward of the court

based on the finding she committed assault . She argues that the court did not have

authority to impose probation conditions once it committed her to the Division of

Juvenile Justice (DJJ) of the Depar tment of Corrections and Rehabilitation

. The People

conced e that the probation conditions should not have been imposed. W e order them

stricken but otherwise affirm.

I.

F ACTUAL AND P ROCEDURAL

B ACKGROUND

In September 2014, when S.M. was 17 years old, she and a group of others

attacked a school acquaintance in downtown Santa Rosa, punching and kicking the

victim for several minutes before passersby intervened. Later that month, the Sonoma2

County District Attorney filed a petition under Welfare and Institut ions Code section 602,

subdivision (a) seeking to have S.M. declared a ward of the court. The petition alleged

that S.M. had committed one count of assault by means of force likely to produce great

bodily injury, a felony. 1

After a contested jurisdiction al hearing, the juvenile court sustained the assault

allegation. At the dispositional hearing, the court declared S.M. to be a ward of the court

and committed her to DJJ with a maximum confinement period of two years. The court

also orally imposed variou s probation conditions.

II.

D ISCUSSION

S.M. argues that the juvenile court erred by imposing probation conditions after

committing her to DJJ. We accept the People’s concession that the court lacked authority

to do so. It is well

- settled that “[c]ommitm ent to DJJ deprives the juvenile court of any

authority to directly supervise the juvenile’s rehabilitation ,” including by imposing

probation conditions. ( In re Travis J. (2013) 222 Cal.App.4th 187, 202; In re Ronny P.

(2004) 117 Cal.App.4th 1204, 1208; In re Allen N. (2000) 84 Cal.App.4th 513, 515.) As

a result, the probation conditions must be stricken from the court’s order

. ( In re Travis J.

,

at p. 205.)

III.

D ISPOSITION

The terms of probation imposed by the juvenile court are ordered stricken. As so

modified, the judgment is affirmed.

1 The count was alleged under Penal Code section 245, subdivision (a)(4).3 _________________________ Humes, P

. J.

We concur:

_________________________ Margulies, J.

_________________________ Banke, J.

In re S.M. (A143919)
Exhibit 10.4


AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT


          THIS AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (this “Amendment”) is effective as of May 17, 2005, by and between U.S. Concrete, Inc., a Delaware corporation (the “Company”), and William T. Albanese (“Executive”).  


PRELIMINARY STATEMENT


          WHEREAS, the Company and Executive have entered into that certain Employment Agreement, dated as of May 28, 2003 (the “Agreement”); and


          WHEREAS, the Company and Executive desire to amend the Agreement in accordance with Section 5.7 of the Agreement.


          NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto agree as follows:


          1.          Defined Terms.  All capitalized terms used in this Amendment and otherwise not defined herein shall have the meanings assigned to them in the Agreement.


          2.          Amendment to Position.  Executive’s Position set forth on Exhibit “A” to the Agreement is hereby amended to read “Regional Vice President – Northern California Region”.  


          3.          No Further Amendment or Modification.  Except as specifically set forth in this Amendment, all other terms and conditions of the Agreement as set forth therein are hereby ratified and affirmed and shall remain in full force and effect.


          IN WITNESS WHEREOF, the Company and Executive have executed this Amendment in multiple originals to be effective on May 17, 2005.

	
  
William T. Albanese (“Executive”)
  	
   
 	
  
U.S. Concrete, Inc. (the “Company”)
  
	
  
 
  	
  
 
  	
   
 	
   
 	
  
 
  
	
  
 
  	
  
 
  	
   
 	
   
 	
  
 
  
	
  
By:
  	
  
/s/ William T. Albanese
  	
  
 
  	
  
By:
  	
  
/s/ Eugene P. Martineau
  
	
   
  	
  


  	
   
  	
   
  	
  


  
	
   
  	
   
  	
   
  	
  Printed Name:
  	
  Eugene P. Martineau
  
	
   
  	
   
  	
   
  	
  Title:
  	
  President and CEO
  
	
   Date:
  	
   May 17, 2005
  	
   
  	
  Date:  
  	
  May 17, 2005
EXHIBIT 32.1
NOVELLUS SYSTEMS, INC.
CERTIFICATION
In connection with the periodic report of Novellus Systems, Inc. (the “Company”) on Form 10-Q forthe period ended April 2, 2005 as filed with the Securities and Exchange Commission (the “Report”),I, Richard S. Hill, Chairman of the Board of Directors and Chief Executive Officer of the Company,hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 ofthe United States Code, that to the best of my knowledge:
 (1)  the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable,of the Securities Exchange Act of 1934, and  (2)  the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company at the dates and for theperiods indicated.     Dated: May 6, 2005 By: /s/ Richard S. Hill       Richard S. Hill   Chairman of the Board of Directorsand Chief Executive Officer
Order filed March 08, 2018.

In The

Fourteenth Court of Appeals

____________

NO. 14-17-00978-CR

____________

AKEEM ALAJUWON GREEN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 177th District Court

Harris County, Texas

Trial Court Cause No. 1445761

ORDER

The reporter’s record in this case was due January 16, 2018. See Tex. R. 

App. P. 35.1. We granted an extension of time to file the record through February 

16, 2018. The record has not been filed with the court and this court has not 

received an additional request for extension of time. Because the reporter’s record 

has not been filed timely, we issue the following order.
We order Mary Ann Rodriguez, the official court reporter, to file the record 

in this appeal within 30 days of the date of this order. No further extensions will 

be entertained absent exceptional circumstances. The trial and appellate courts are 

jointly responsible for ensuring that the appellate record is timely filed. See Tex. 

R. App. P. 35.3(c). If Mary Ann Rodriguez does not timely file the record as 

ordered, we will issue an order directing the trial court to conduct a hearing to 

determine the reason for the failure to file the record.

PER CURIAM
Court of Appeals

S

Fifth District of Texas at Dallas

MANDATE

TO THE 296TH JUDICIAL DISTRICT COURT OF COLLIN COUNTY, GREETINGS:

Before the Court of Appeals for the Fifth District of Texas, on the 10th day of January, 2018, the 

cause on appeal to revise or reverse the judgment between

THOMAS J. GRANATA, II, Appellant

No. 05-17-00118-CV V.

MICHAEL KROESE AND JUSTIN HILL, 

Appellees

On Appeal from the 296th Judicial District 

Court, Collin County, Texas

Trial Court Cause No. 296-01005-2016.

Opinion delivered by Justice Myers. 

Justices Bridges and Schenck participating.

was determined; and this Court made its order in these words:

In accordance with this Court’s opinion of this date, the judgment of the trial court is 

AFFIRMED.

It is ORDERED that appellees MICHAEL KROESE AND JUSTIN HILL recover their 

costs of this appeal from appellant THOMAS J. GRANATA, II.

WHEREFORE, WE COMMAND YOU to observe the order of the Court of Appeals 

for the Fifth District of Texas, in this behalf, and have it duly obeyed and executed.

WITNESS the HON. CAROLYN WRIGHT, Chief Justice of the Court of Appeals, with 

the Seal thereof affixed, at the City of Dallas, this 5th day of June, 2018.

5 L M

LISA MATZ, Clerk
Description

Problem

Entanglement is a valuable resource for quantum 

technology. In metrology, entangled probes are capable 

of more accurate measurements than unentangled 

probes. In addition to using entangled probes to measure 

parameters of interest, using entanglement to estimate 

many parameters at once, or a function of those 

parameters, has recently been an area of interest due to 

its potential applications in tasks such as nanoscale 

nuclear magnetic resonance imaging. Our protocol and 

Heisenberg scaler offer reduced noise over performing 

the same procedure classically.

Invention 

We have created a protocol and Heisenberg scaler that 

optimally uses quantum entanglement in a network of 

quantum sensors to optimally measure any smooth 

function of the fields at the sensors. The method applies 

even when the fields at the sensors are for different 

purposes such as one sensor measuring the electric field 

and another sensor measuring temperature. The method 

also applies to arrays of interferometers, as well as to 

measuring functions of parameters some of which are 

measured by sensors, while others are measured by 

interferometers.

Benefits

Commercial Application

There are a huge number of 

potential applications from geodesy 

and geophysics (like earthquake or 

volcano eruption prediction) to 

biology and medicine (the sensors 

can all be separated by small 

distances and measure 

temperature, magnetic fields, 

electric fields, or a host of other 

things inside a human body).

Competitive Advantage

Superior in measuring properties of 

inhomogeneous fields or, more 

generally, functions that depend on 

more than one measurable 

quantity.

Heisenberg Scaler

Patent 11,562,049 Technology Partnership Office

Reference No. 19-006US1 tpo@nist.gov

A system for determining a modal

amplitude of an inhomogeneous field of an 

analyte
Exhibit 23.2








Consent of Independent Registered
Accounting Firm








We
consent to the incorporation by reference in the registration statement of
Symmetry Medical Inc., on Form S-8 (File Number 333-123610) of our report dated
March 3, 2009, on our audits of the financial statements of Symmetry Medical
Inc. 2004 Employee Stock Purchase Plan as of December 31, 2008 and 2007,
and for the years ended December 31, 2008, 2007 and 2006, which report is
included in the Annual Report on Form 10-K.








/s/ BKD, LLP








BKD, LLP





Fort
Wayne, Indiana


March 3,
2009