alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 19 - 0655 STATE OF MONTANA,

Plaintiff and Appellee, v. ROBERT GONZALEZ,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including October 19 , 2020 , within which to prepare, file, and serve Appellant’s opening brief on appeal. 09/08/2020

Case Number: DA 19-0655 

## FILED
Bowen Greenwood CLERK OF THE SUPREME COURT STATE OF MONTANA

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

September 8 2020

09/08/2020

Case Number: DA 19-0655
**EXHIBIT 10.6**

SECOND AMENDMENT TO EMPLOYMENT AGREEMENT 

This Second Amendment (this “Second Amendment”), beingmade and effective as of August 9, 2006, is to the Employment Agreement dated December 30, 2005, by and between Luca C. Naccarato (the “Executive”) and SGS International, Inc., a Delaware corporation (the “Company”), asamended by an Amendment dated as of January 15, 2006 (as heretofore amended, the “Agreement”). All capitalized terms which are used in this Second Amendment and are not defined herein shall have the meaning ascribed to them in theAgreement. 

1. Section 3 of the Agreement is hereby amended by deleting clause (b) therein in its entirety and replacing it withthe following: 

Bonus Plans. The Executive shall be eligible to participate in the Company’s bonus plans forsenior management with an annual incentive target of fifty percent (50%) of Base Salary (“Incentive Payment”), subject to achievement of such program’s objectives and final approval of the Board. 

2. All other provisions of the Agreement remain in full force and effect. 

3. This Second Amendment may be executed in counterparts each of which shall be deemed an original, and all of which together shall constitute a single instrument. 

IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first above written.

 
**SGS International, Inc.**By: 
/s/ Benjamin F. Harmon, IV
 Benjamin F. Harmon, IV Vice President, General Counsel and Secretary**Executive**
/s/ Luca C. Naccarato
Luca C. Naccarato
<PAGE>
                                                                    EXHIBIT 4.23





                              CERTIFICATE OF TRUST

                                       OF

                          BORGWARNER CAPITAL TRUST III


                  This Certificate of Trust is being executed as of November 16,
2001 for the purpose of creating a business trust pursuant to the Delaware
Business Trust Act, 12 Del. C.ss.ss. 3801 et seq. (the "Act").

                  The undersigned hereby certify as follows:

                  1. Name. The name of the business trust is BorgWarner Capital
Trust III (the "Trust").

                  2. Delaware Trustee. The name and business address of the
Delaware resident trustee of the Trust meeting the requirements of Section 3807
of the Act are as follows:

                           Bank One Delaware, Inc.
                           300 King Street
                           Suite 4014
                           Wilmington, Delaware 19801

                  3. Effective. This Certificate of Trust shall be effective
immediately upon filing in the Office of the Secretary of State of the State of
Delaware.

                  4. Counterparts. This Certificate of Trust may be executed in
one or more counterparts.



<PAGE>


                  IN WITNESS WHEREOF, the undersigned, being all of the trustees
of the Trust, have duly executed this Certificate of Trust as of the day and
year first above written.

                                        BANK ONE DELAWARE, INC.,
                                        as Delaware Trustee



                                        By: /s/ MARLA S. ROTH
                                           ------------------------------------
                                            Name: Marla S. Roth
                                            Title: Vice President


                                        /s/ JEFFREY L. OBERMAYER
                                        ---------------------------------------
                                        Jeffrey L. Obermayer, as Trustee


                                        /s/ MARGARET E. ANNETT
                                        ---------------------------------------
                                        Margaret E. Annett, as Trustee


                                        /s/ DENNIS KROL
                                        ---------------------------------------
                                        Dennis Krol, as Trustee




                                      -2-
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 17

- 00010

- CR

Anthony Christopher Merito

v.

The State of Texas §

§

§

§

§ From County Court at Law No. 2

o f Wichita County (67354

- F )

June 28, 2018

Opinion by Ju stice Pittman

(nfp)



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was no error in the trial court’s judgment. It is ordered that the judgment of

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS

By

_ /s/ Mark T. Pittman

_________________ Justice Mark T. Pittman
EX-10.4






EXHIBIT 10.4



FIRST AMENDMENT TO PROMISSORY NOTE




THIS FIRST AMENDMENT (THE “FIRST AMENDMENT”) DATED JULY 31, 2013, SHALL AMEND THE PROMISSORY
NOTE (THE “NOTE”) DATED AS OF FEBRUARY 22, 2013 AMONG NON-INVASIVE MONITORING SYSTEMS, INC. (THE
“MAKER”) AND JANE HSIAO (THE “PAYEE”) AS NOTED BELOW.



RECITALS




WHEREAS, Maker and Payee (collectively, the “Parties”) are parties to the Note which became
effective on February 22, 2013; and



WHEREAS, the Parties desire to amend the Note to extend the Maturity Date from September 12,
2014 until July 31, 2015.



NOW THEREFORE, in consideration of the mutual covenants and promises contained in the Note and
this First Amendment and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:



AMENDMENT





	 	1.	 	Section 1 of the Note is hereby amended and restated in its entirety as
follows:






The principal amount of the loan evidenced hereby, together with any accrued and
unpaid interest, and any and all unpaid costs, fees and expenses accrued, shall be
due and payable on July 31, 2015 (the “Maturity Date”).



2. Governing Law. This First Amendment shall be governed by the laws of the State of Florida
without regard to its conflict of laws rules or principles.



3. Amendments. Except as expressly amended hereby, the Note shall remain unmodified and in
full force and effect.



4. Entire Agreement. This First Amendment and the Note constitute the entire agreement of the
Parties with respect to the subject matter hereof and supersede all prior understandings and
writings between the Parties relating thereto.



5. Interpretation. Any capitalized terms used in this First Amendment but not otherwise
defined shall have the meaning provided in the Note.



6. Counterparts. This First Amendment may be executed manually, electronically in Adobe® PDF
file format, or by facsimile by the Parties, in any number of counterparts, each of which shall be
considered one and the same amendment and shall become effective when a counterpart hereof shall
have been signed by each of the Parties and delivered to the other Party.



IN WITNESS WHEREOF, Borrower has duly executed this First Amendment to the Note and Security
Note as of the 31st day of July, 2013.



	 	 	 
	 	 	NON-INVASIVE MONITORING SYSTEMS, INC.
	
 
	 	By: /s/ James J. Martin
	
 
	 	 
	
 
	 	Name: James J. Martin

Title: Chief Financial Officer
	Agreed and Accepted:

	 	

	By: /s/ Jane Hsiao

	 	

	 

	 	

	Name: Jane Hsiao
ESCO, INC. 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 ESCO,  Inc. (the "Company") on Form
10-QSB for the period  ending June 30, 2006,  as filed with the  Securities  and
Exchange  Commission  on the date hereof (the  "Report"),  I,  William T. Foley,
President and 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) 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.


/s/ William T. Foley
-------------------------------------
William T. Foley
President and Chief Financial Officer

August 15, 2006

A signed  original of this  written  statement  required by Section 906 has been
provided to ESCO,  Inc. and will be retained by ESCO,  Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
@article{1207216,
  author = {Van Sy Mai and Richard La and Tao Zhang and Abdella Battou},
  title = {Distributed Optimization with Global Constraints Using Noisy Measurements},
  year = {2023},
  month = {2023-05-07 04:05:00},
  publisher = {IEEE Transactions on Automatic Control},
  url = {https://tsapps.nist.gov/publication/get_pdf.cfm?pub_id=932698},
  doi = {https://doi.org/10.1109/TAC.2023.3277312},
  language = {en},
}
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1999 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

10-18-1999

Mistick PBT v. Housing Auth Cty Pgh

Precedential or Non-Precedential:

Docket 97-3248

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1999

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 1999 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Mistick PBT v. Housing Auth Cty Pgh" (1999). 1999 Decisions. Paper 286.

http://digitalcommons.law.villanova.edu/thirdcircuit_1999/286
Filed October 18, 1999 

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

No. 97-3248 

UNITED STATES OF AMERICA ex rel. 

MISTICK PBT and MISTICK PBT, 

v. 

HOUSING AUTHORITY OF THE CITY OF PITTSBURGH; 

L.D. ASTORINO, & ASSOCIATES, LTD. (formerly known as 

L.D. ASTORINO ARCHITECTS, INC.); ASTORINO BRANCH 

ENVIRONMENTAL INC.; ASTORINO BRANCH ENGINEERS; 

ERNEST E. MILLER, individually; DAVID B. 

WASHINGTON, individually; LOUIS D. ASTORINO, 

individually; DENNIS L. ASTORINO, individually; PATRICK 

I. BRANCH, individually; BERNARD J. QUINN, individually 

Mistick PBT, 

Appellant 

(D.C. No. 95-cv-01876) 

Argued June 9, 1998 

Before: BECKER, Chief Judge, ALITO and ALDISERT, 

Circuit Judges 

(Opinion Filed July 30, 1999) 

ORDER AMENDING SLIP OPINION 

The slip opinion filed on July 30, 1999 in the above case 

is hereby amended as follows: 
On page 2, attorney: Arnd N. von Waldow, Esq., 

 Reed, Smith, Shaw & McClay, 

 435 Sixth Avenue 

 Pittsburgh, PA 15219 

should be replaced with: Louis C. Long (Argued), 

 Meyer, Darragh, Buckler, 

 Bebenek & Eck, 

 2000 Frick Building 

 Pittsburgh, PA 15219. 

 BY THE COURT: 

 /s/ Samuel A. Alito, Jr. 

 Circuit Judge 

Date: October 18, 1999 

A True Copy: 

Teste: 

 Clerk of the United States Court of Appeals 

 for the Third Circuit 

 2
*!3-/5

ELECTRONIC RECORD

COA # 01-14-00165-CR

Louis Markeith Williams v. The

STYLE: state of Texas

COA DISPOSITION: AFFIRM

OFFENSE: Theft

COUNTY: Harris

TRIAL COURT: 338th District Court

DATE: 03/12/2015 Publish: NO TCCASE#: 1344756

IN THE COURT OF CRIMINAL APPEALS

Louis Markeith Williams v. The State

STYLE: of Texas

APP/FLLAA/T^S Petition

FOR DISCRETIONARY REVIEW IN CCA IS:

DATE: 0£/f7

JUDGE:

CCA#: V/3-/T

CCA Disposition:

DATE:

JUDGE:

SIGNED:

PUBLISH:

REHEARING IN CCA IS:

JUDGE:

PC:_

DNP:

MOTION FOR

ELECTRONIC RECORD
[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Page 30643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15179]


=======================================================================
-----------------------------------------------------------------------

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

Information Security Oversight Office


National Industrial Security Program Policy Advisory Committee 
(NISPPAC); Notice of Meeting

    In accordance with the Federal Advisory Committee Act (5 U.S.C. app 
2) and implementing regulation 41 CFR 101-6, announcement is made for 
the following committee meeting:

    Name of Committee: National Industrial Security Program Policy 
Advisory Committee (NISPPAC).
    Dates: July 22, 2009.
    Time of Meeting: 10 a.m.-12 p.m.
    Place of Meeting: National Archives and Records Administration, 
700 Pennsylvania Avenue, NW., Archivist's Reception Room, Room 105, 
Washington, DC 20408.
    Purpose: To discuss National Industrial Security Program policy 
matters.
    This meeting will be open to the public. However, due to space 
limitations and access procedures, the name and telephone number of 
individuals planning to attend must be submitted to the Information 
Security Oversight Office (ISOO) no later than Wednesday, July 15, 
2009. ISOO will provide additional instructions for gaining access 
to the location of the meeting.
    For Further Information Contact: David O. Best, Senior Program 
Analyst, Information Security Oversight Office, National Archives 
Building, 700 Pennsylvania Avenue, NW., Washington, DC 20408, 
telephone number (202) 357-5123, or at <a href="/cdn-cgi/l/email-protection#ef8b8e99868bc18d8a9c9baf818e9d8ec1888099"><span class="__cf_email__" data-cfemail="325653445b561c50574146725c5340531c555d44">[email protected]</span></a>. Contact 
ISOO at <a href="/cdn-cgi/l/email-protection#84cdd7cbcbc4eae5f6e5aae3ebf2"><span class="__cf_email__" data-cfemail="6b223824242b050a190a450c041d">[email protected]</span></a> and the NISPPAC at <a href="/cdn-cgi/l/email-protection#a3edeaf0f3f3e2e0e3cdc2d1c28dc4ccd5"><span class="__cf_email__" data-cfemail="8fc1c6dcdfdfcecccfe1eefdeea1e8e0f9">[email protected]</span></a>.

    Dated: June 23, 2009.
Mary Ann Hadyka,
Committee Management Officer.
[FR Doc. E9-15179 Filed 6-25-09; 8:45 am]
BILLING CODE 7515-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT I

SOUTHERN SURGICAL HOSPITAL

VERSUS

NO. 2023 CW 0177

MESA LINE SERVICES, LLC AND

ESIS, INC. 

APRIL 24, 2023

In Re: 

BEFORE: 

Proforce, LLC and Starr , Indemnity & 

applying for supervisory wtits, Office

Compensation, District 6, Noi 22-00788. 

WELCH, PENZATO, AND LANIER, JJ. 

WRIT DENIED. 

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT

FOR THE COURT

JEW

AHP

WIL

Liability, 

of Workers'
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





The undersigned, Eugene Malobrodsky, the Chief Executive Officer of INTELLIGENT BUYING. INC.  (the "Company"), DOES HEREBY CERTIFY that:





1. The Company's Quarterly Report on Form 10-Q for the quarter ended June 30, 2011 (the "Report"), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and





2. Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.





IN WITNESS WHEREOF, the undersigned has executed this statement this 15th day of August 2011.





/s/Eugene MalobrodskyEugene MalobrodskyPrincipal Executive Officer





A signed original of this written statement required by Section 906 has been provided to Intelligent Buying, Inc. and will be retained by Intelligent Buying, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
[Cite as State v. Hamilton , 2022-Ohio-566.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE D ISTRICT OF OHIO

BUTLER COUNTY

STATE OF OHIO, Appellee,

- vs -

JAMES R. HAMILTON, Appellant. :

:

:

:

:

: CASE NO. CA2021-10-120

D E C I S I O N 2/28/2022

CRIMINAL APPEAL FROM BUTLER C OUNTY COURT OF COMMON PLEAS Case No. CR21-03-0274

Michael T. Gmoser, Butler County Prosecuting Attorney, and Will a Conconnan, Assistant Prosecuting Attorney, for appellee. John H. Forg, III, for appellant.

Per Curiam. {¶1} This cause came on to be considered upon a notice of appeal fil ed by appellant, James R. Hamilton, the transcript of the docket and journal entries, the transcript of proceedings and original papers from the Butler County Court of Common Pleas, and upon the brief filed by appellant's counsel. {¶2} Appellant's counsel has filed a brief with this court pursuant to Anders v.

California , 386 U.S. 738, 87 S.Ct. 1396 (1967), which (1) indicates that a careful review ofButler CA2021-10-120 the record from the proceedings below fails to disclose any err ors by the trial court prejudicial to the rights of appellant upon which an assignment of error may be predicated; (2) lists four potential errors "that might arguably support th e appeal," Anders , at 744, 87 S.Ct. at 1400; (3) requests that this court review the record i ndependently to determine whether the proceedings are free from prejudicial error and wit hout infringement of appellant's constitutional rights; (4) requests permission to w ithdraw as counsel for appellant on the basis that the appeal is wholly frivolous; and (5) certifies that a copy of both the brief and motion to withdraw have been served upon appellan t. {¶3} Having allowed appellant sufficient time to respond, and no res ponse having been received, we have accordingly examined the record and find no error prejudicial to appellant's rights in the proceedings in the trial court. The motion of counsel for appellant requesting to withdraw as counsel is granted, and this appeal i s dismissed for the reason that it is wholly frivolous.

PIPER, P.J., S. POWELL and HENDRICKSON, JJ., concur.
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway

Alton Thomas Davis, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

September 15, 2010 

0908 

Order 

 

September 15, 2010 

140879 

IN RE ESTATE OF UPJOHN 

_________________________________________ 

NATIONAL CITY BANK OF THE MIDWEST, 

TRUSTEE, 

Petitioner-Appellee, 

v SC: 140879 

 COA: 278668 

Kalamazoo PC: 1956-020742-TT 

PHARMACIA & UPJOHN COMPANY, L.L.C., 

Respondent-Appellee, 

and 

KALAMAZOO COMMUNITY FOUNDATION, 

 Respondent-Appellant, 

and 

ATTORNEY GENERAL/CONSUMER 

PROTECTION AND CHARITABLE TRUSTS 

DIVISION, 

 Intervening-Appellee. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the February 23, 2010 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 23
- 0429 STATE OF MONTANA,

Plaintiff and Appellee, v. JOSHUA CHARLES PERRAS,

Defendant and Appellant
.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including February 16, 2024, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

January 10 2024

01/10/2024

Case Number: DA 23-0429
**Exhibit****10.33**

 

**AMENDMENT TO THE**

**NEWTON ACQUISITION, INC.**

**CASH INCENTIVE PLAN**

 

Pursuantto the provisions of Section 6(2) thereof, the Newton Acquisition, Inc.Cash Incentive Plan (the “Plan”) is hereby amended in the following respectsonly:

 

FIRST:                    Effectiveas of February 16, 2006, the Plan name is hereby amended to be the “NeimanMarcus, Inc. Cash Incentive Plan.”

 

SECOND:               Effective as of February 16,2006, the Plan is hereby amended by replacing the reference to “NewtonAcquisition, Inc.” with “Neiman Marcus, Inc.”

 

THIRD:                  Effectiveas of November 29, 2005, Section 2(j) of the Plan is herebyamended and restated in its entirety as follows:

 
|   | (j) | “Initial  Public Offering” shall have the meaning set forth in the Incentive Plan. |
|--------|-----|----------------------------------------------------------------------------------------------|

 

INWITNESS WHEREOF, this Amendment has been executed on this 21st dayof January, 2008.

 
| ** ** | ** ** | **NEIMAN  MARCUS, INC.**                      |
|------------|------------|-----------------------------------------------|
|       |       | (successor  to Newton Acquisition, Inc.) |
|       |       |                                          |
|       |       |                                          |
|       | By:        |     /s/  Nelson A. Bangs  |
|       |       | Nelson  A. Bangs, Senior Vice President       |

 

----
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-10-00038- CR

Robert Rebel K em p, App ellant

v. The State of Texas, App ellee

F ROM TH E DISTRI CT COURT O F B ELL COUNTY , 426 TH JUDICI AL DISTRICT NO. 57,6 69, H ONO RAB LE F ANCY H. JEZEK, JUDGE P RESIDING

M E M O R A N D U M O P I N I O N

Robert Rebel Kemp was convicted of criminal non-support and sentenced to two y ear s in prison, probated f or five y ear s. See Tex. P enal Code A nn. § 25.05 (West 2003). His probation was revoke d based on a plea barg ain ag ree ment in which Kemp pleade d true to an alleg ed violation. He was se ntence d to twenty -two months in state jail.

Kemp filed a no t i ce of appea l, but the trial court has cer tified that this is a plea barg ain case and that Kemp has no righ t o f ap p ea l

. The trial court rec ord contains a document entitled Adjudication/Revoca tion/W aiver s, Ag ree ments, J udicial Confession, signe d by ap p ellant and his attorney , in which he “wa ives any rig ht to a Motion for New Trial and Appea l.” The rec ord also contains a document entitled Waiver of Motion for New Trial and Motion in Arre st of J udg ment and Waiver of Right to Appea l, signe d by appellant and his attorney , in which appellant states “[t] hat he does not wish to appe al his conviction and e x pressly waives his rig ht to appeal.”Be cause the rec ord does not contain a cer tification that the defe ndant has the rig ht of appea l, this appeal is dismiss ed. See Tex. R. App. P . 25.2(a) (2), ( d).

G. Alan Waldrop, Just ice Be fore Chief J ustice Jones, J ustices Pemberton a nd Waldrop Dismissed Filed: F ebrua

ry 26, 2010 Do Not Publish

2