alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Henry Rangel v. The State of Texas

Appellate case number: 01

- 1 8

- 0 0 273

- CR

Trial court case number: CR13465

Trial court: 355 th District Court of Hood County

Appellant’s court

- appointed counsel

, Lukas A. Lawrence

, filed a motion to

withdraw and a ppellate brief on July 25 , 201 8

, concluding that the above

- referenced appeal

is frivolous. See Anders v. California , 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). O n August 17 , 201 8 , appellant, Henry Rangel

, acting pro se
, filed a pro se motion for access to the appellate record to prepare a response and also request ed a 3 0

- day extension of time to file his pro se Anders brief response. See Kelly v. State , 436 S.W.3d 313, 315, 318

– 20 (Tex. Crim. App. 2014).

Accordingly, th e Court grant s appellant’s motion and order s the district clerk, no later than 10 days from the date of this o rder , to mail a copy of the clerk’s and reporter’s

record s to the pro se appellant. The distric t clerk shall further certify to this Court, within 15 days of the date of this o rder , the date upon which delivery of the record s to the appellant

is made.

F urthermore

, the Court grant s appellant’s motion for an extension of time t o file a

pro se Anders response. A ppellant’s pro se response to his counsel’s Anders brief shall be

filed within 45 days of the date of this order

. Finally, the Court orders a ppellant’s court

- appointed counsel

, Lukas A. Lawrence, to respond to the pro se appellant’s cover letter, filed with his motion on August 17, 2018, within ten days of the date of this Order and certify.

It is so ORDERED.

Judge’s signature: /s/ Evelyn V. Keyes

 Acting individually  Acting for the Court

Date: August 2 8 , 2018
#### Alice Kramer, Respondent, v Phoenix Life Insurance Co. et al., Defendants, and Lifemark S.A., Intervenor-Appellant. (And Third-Party Actions.)

Submitted September 13, 2010;

decided September 16, 2010

Motion by American Council of Life Insurers et al. for leave to file a brief amici curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served and 24 copies filed within seven days.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<EXCHANGE-RATE>                                      1
<CASH>                                       1,162,352
<SECURITIES>                                         0
<RECEIVABLES>                                2,061,591
<ALLOWANCES>                                    10,000
<INVENTORY>                                  2,229,376
<CURRENT-ASSETS>                             7,596,336
<PP&E>                                      92,320,648
<DEPRECIATION>                               5,963,089
<TOTAL-ASSETS>                              95,124,039
<CURRENT-LIABILITIES>                        6,746,416
<BONDS>                                      6,190,764
<PREFERRED-MANDATORY>                       15,921,855
<PREFERRED>                                          0
<COMMON>                                        38,428
<OTHER-SE>                                  62,591,423
<TOTAL-LIABILITY-AND-EQUITY>                95,124,039
<SALES>                                     35,678,085<F1>
<TOTAL-REVENUES>                            35,678,085<F1>
<CGS>                                       23,580,745
<TOTAL-COSTS>                               31,434,105
<OTHER-EXPENSES>                             (615,145)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              4,859,125
<INCOME-TAX>                                 1,773,581
<INCOME-CONTINUING>                          3,085,544
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,085,544
<EPS-PRIMARY>                                     0.34
<EPS-DILUTED>                                     0.34
<FN>
<F1>Sales and Total Revenues are net of federal and state excise taxes.
</FN>
        

</TABLE>
ex10-09d.htm


    Exhibit
      10.09d

    


    AMENDMENT
      TO THE

    2002
      RESTRICTED STOCK PLAN FOR NON-EMPLOYEE DIRECTORS

    


    


    


    The
      2002 Restricted Stock Plan for
      Non-Employee Directors is amended effective January 1, 2008 by
      replacing in Article II, Section 2(a) the number "850" with the number "1,450"
      and by replacing in Article II, Section 2(b) the number "1,000" with the number
      "1,600".
Exhibit 31.2

**CERTIFICATION**

I,David Holeman, Chief Financial  Officerof Gexa Corp., certify that:

          1.I have reviewed this quarterly report on Form 10-Q of Gexa Corp.;

          2.Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

          3.Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;

          4.The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

                    (a)Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

                    (b)Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and

                    (c)Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscalquarter that has materially affected, or is reasonably likely to materiallyeffect, the registrant’s internal control over financial reporting; and

          5.The registrant’s other certifying officers and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):

                    (a)All significant deficiencies and material weaknesses in the design or operationof controls over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

                    (b)Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.
EXHIBIT 32.1
 
 STATEMENT
REQUIRED BY 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 on Form 10-Q of China Digital Media
Corporation (the "Company") for the nine months ended September 30, 2009, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Daniel Ng, Chief Executive Officer and Chief Financial Officer, of
the Company, certify that:
 
 * the
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and
 
 *
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company on the dates
and for the periods presented.
 
 
 /s/
      Ng Chi Shing
                Ng
      Chi Shing
                Director,
      President, Chief Executive Officer
                
                /s/
      Ng Chi Shing
                Ng
      Chi Shing
                Chief
      Financial Officer
                
                November
      13, 2009
 
 
 This
certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
Exhibit 32.2 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 Gexa Corp. (the Company)
on Form 10-Q for the period ending September 30, 2004 (the Report), as filed
with the Securities and Exchange Commission on the date hereof, I, David
Holeman, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 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, as amended; 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/ David
  HolemanDavid
  HolemanChief
  Financial OfficerDated:
  November 15, 2004 A signed original of this
written statement required by Section 906 has been provided to Gexa Corp. and
will be retained by the Gexa Corp. and furnished to the Securities and Exchange
Commission or its staff upon request. 36
#### Roger Lee DEAL, Sr., Petitioner—Appellant, v. Michael BELL, Respondent—Appellee. Roger Lee Deal, Sr., Petitioner—Appellant, v. Michael Bell, Respondent—Appellee.

Nos. 08-8606, 09-6070.

United States Court of Appeals, Fourth Circuit.

Submitted: May 21, 2009.

Decided: May 27, 2009.

Roger Lee Deal, Sr., Appellant Pro Se.

Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Roger Lee Deal, Sr., seeks to appeal the district court’s order dismissing as successive his 28 U.S.C. § 2254 (2006) petition and the court’s subsequent order denying his request for a certificate of appealability. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. *See*28 U.S.C. § 2253(c)(1) (2006). A certificate of ap-pealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *See Miller-El v. Cock-rell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Deal has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeals. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*
#### In the Matter of Josh Brown, Appellant, v Brian Fischer et al., Respondents.

Submitted June 21, 2010;

decided September 16, 2010

Motion for reconsideration of this Court’s May 4, 2010 dismissal order denied *[see*14 NY3d 852 (2010)].
exv10w48



 





EXHIBIT 10.48




AMENDMENT TO THE ESCO TECHNOLOGIES INC.

SEVERANCE PLAN



WHEREAS, ESCO Technologies Inc. (“Company”) adopted the ESCO Technologies Inc. Severance Plan
(“Plan”); and



WHEREAS, the Company retained the right to amend the Plan pursuant to Section 10(b) thereof; and



WHEREAS, the Company desires to amend the Plan to assure that benefits thereunder are not subject
to Section 409A of the Internal Revenue Code of 1986, as amended;



NOW, THEREFORE, effective as of October 3, 2007, the Plan is amended as follows:



1. The second sentence in Section 3(c) is deleted and replaced with the following:



For the sole and exclusive purposes of this Plan, “Good Reason” shall mean:





     (i) any material failure by the Company to comply with any of the provisions of this
Plan, including but not limited to Section 9(c), other than a failure to comply with Section
2(b)(iii) solely by reason of a reduction in benefits that applies to all salaried employees
who are exempt from the wage and hour provisions of the Fair Labor Standards Act;




     (ii) the Company’s requiring the Officer to be based at any office or location other
than as provided in Section 2(a)(i);




     (iii) a material diminution in the Officer’s authority, duties or responsibilities or
his Base Salary;




provided, however, that termination of employment shall be for “Good Reason” only if (i) the
Officer provides notice to the Company of the existence of the applicable event described in
this paragraph 3(c) no later than 90 days following the initial occurrence of such event,
(ii) the Company fails to remedy such event with 30 days after receiving such notice, and
(iii) such termination occurs within two years following the initial occurrence of such
event.


2. The portion of the first sentence of paragraph 4(a) that precedes subparagraph (i) is deleted
and replaced with the following:



If, during the Employment Period, the Company shall terminate the Officer’s employment other than
for Cause or Disability, including purported termination (i.e., the Officer is placed on a terminal
leave of absence by the Company), or the Officer shall terminate employment for Good Reason:



IN WITNESS WHEREOF, the foregoing Amendment was adopted on the 3rd day of October, 2007.
#### In the Matter of Francesco Nicoletta, Appellant, v New York State Division of Parole, Respondent.

Submitted August 9, 2010;

decided October 19, 2010

Motion for leave to appeal dismissed upon the ground that the issues presented have become moot.
**EXHIBIT 31.1****CERTIFICATIONS**I, Paul S. Shipman, certify that:1. I have reviewed this Amendment No. 1 to annual report on Form 10-K/A of Redhook Ale Brewery,Incorporated;2. Based on my knowledge, this annual report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this annual report;3. Based on my knowledge, the financial statements, and other financial information included inthis annual report, fairly present in all material respects the financial condition, resultsof operations and cash flows of the registrant as of, and for, the periods presented in thisannual report.Date: May 9, 2007         BY: /s/ Paul S. Shipman           Paul S. Shipman                *Chief Executive Officer and*                *Chairman of the Board*
exv10w18



 





INTERNATIONAL GAME TECHNOLOGY

Exhibit 10.18 to Form 10K for period ended September 30, 2007

Summary of Named Executive Officer and Director Compensation Arrangements




Executive Officers



In addition to the base salaries noted in the table below, compensation arrangements for our
executive officers include benefits paid under any applicable employment contracts, other IGT Plans
for Management Bonus (including Cash Sharing), Stock Incentives, Profit Sharing, and Deferred
Compensation as more fully described in exhibits to our annual report on Form 10-K or interim
quarterly Form 10-Q. These individuals also receive certain perquisites as explained in our annual
proxy statement. Except where noted that employment contracts have been filed as exhibits, these
are at-will employment arrangements.




	 	 	 	 	 	 	 
	 	 	 	 	Base
	Name	 	Title	 	Salary (1)
	Thomas J. Matthews (2)
	 	President, Chief Executive Officer	 	$	840,000	 
	 
	Stephen W. Morro
	 	Chief Operating Officer	 	$	600,000	 
	 
	David D. Johnson
	 	Executive Vice President, General Counsel	 	$	525,000	 
	 
	Robert A. Bittman
	 	Executive Vice President, Product Strategy	 	$	420,000	 
	 
	Daniel R. Siciliano
	 	Chief Accounting Officer, Treasurer and Principal Financial Officer	 	$	250,000	 









			
	(1)	 	Amounts reported in our proxy statement may vary depending on the timing of pay period during
the fiscal year
	 
	(2)	 	Employment contract has been filed in a separate exhibit to our most recent annual report on
Form 10-K





Directors (effective June 26, 2007)


Annual Retainer





	 	a	 	$65,000 paid in quarterly installments
	 
	 	a	 	Prior to the beginning of each fiscal year, members may elect to receive all or a
part of the total retainer in the form of a restricted stock award




Board and Committee Meeting Fees





	 	a	 	Board — $1,500 per meeting attended after 8 meetings have been held and attended
	 
	 	a	 	Audit — $1,500 per meeting attended after 10 meetings have been held and attended
	 
	 	a	 	Compensation, Nominating & Corporate Governance, and Compliance — $1,500 per meeting
attended after 4 meetings have been held




Committee Annual Retainer (payable in quarterly installments)





	 	a	 	Chair: Audit — $35,000; Compensation, Nominating & Corporate Governance, and
Compliance — $20,000
	 
	 	a	 	Member: Audit — $17,500; Compensation, Nominating & Corporate Governance, and
Compliance — $10,000




Equity Grants (effective after next IGT Annual Shareholders’ Meeting in March 2008)





	 	a	 	Upon election to the board: 20,000 stock options and 5,000 restricted shares vesting ratably over 3 years
	 
	 	a	 	Annual grant: 11,000 stock options and 2,750 shares restricted shares with 1-year vesting
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<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   JUN-30-2000
<CASH>                                         9,221,413
<SECURITIES>                                   0
<RECEIVABLES>                                  2,755,938
<ALLOWANCES>                                   (428,757)
<INVENTORY>                                    1,468,412
<CURRENT-ASSETS>                               13,787,059
<PP&E>                                         2,484,903
<DEPRECIATION>                                 (1,664,193)
<TOTAL-ASSETS>                                 16,785,013
<CURRENT-LIABILITIES>                          3,123,171
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    59
<COMMON>                                       304,778
<OTHER-SE>                                     3,357,005
<TOTAL-LIABILITY-AND-EQUITY>                   16,785,013
<SALES>                                        5,705,955
<TOTAL-REVENUES>                               5,705,955
<CGS>                                          2,100,165
<TOTAL-COSTS>                                  2,100,165
<OTHER-EXPENSES>                               5,789,033
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             377,676
<INCOME-PRETAX>                                (2,537,776)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (2,537,776)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (2,537,776)
<EPS-BASIC>                                    (.04)
<EPS-DILUTED>                                  (.04)



</TABLE>
Exhibit 32.1





Certification of Principal Executive Officer


Pursuant to U.S.C. Section 1350


As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





I, Edward J. Quilty, Chairman, President and Chief Executive Officer of Derma Sciences, Inc., hereby certify that the Annual Report on Form 10-K for the period ended December 31, 2010 of Derma Sciences, Inc. (the “Form 10-K”) upon my best knowledge and belief fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of Derma Sciences, Inc.





Dated:  March 29, 2011
/s/ Edward J. QuiltyEdward J. QuiltyChairman, President and Chief Executive Officer(Principal Executive Officer)
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 22-0041

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

JAMES MICHAEL PARKER,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time to 

produce transcripts on appeal, and good cause appearing,

IT IS HEREBY ORDERED that Court Reporter Wendy D. Fiske is 

granted an extension of time to and including June 15, 2022, within 

which to prepare, file, and serve the transcripts requested on appeal. 

The Clerk shall serve a copy of this Order upon the district court 

and the court reporter.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

April 21 2022

04/21/2022

Case Number: DA 22-0041