alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.2



 EXHIBIT 10.2 
 FIRST AMENDMENT TO THE 
 TMS INTERNATIONAL CORP. LONG-TERM INCENTIVE PLAN

 The TMS International Corp. Long-Term Incentive Plan (the “Plan”) is hereby amended, effective June 5, 2013, and
subject to approval by stockholders, as follows: 
 1. The maximum number of Shares as to which Awards may be granted pursuant to
Article III of the Plan shall be increased by 750,000. Accordingly, the first paragraph of Article III (“Shares Subject To The Plan”) shall be amended to read as follows: 
 The aggregate number of Shares as to which Awards may be granted from time to time shall be Two Million Three Hundred Eight Thousand, One Hundred Seventy (2,308,170) Shares. The aggregate number of
Shares as to which Incentive Options may be granted from time to time shall be Two Million Three Hundred Eight Thousand, One Hundred Seventy (2,308,170) Shares. The aggregate numbers of shares set forth above take into effect the stock split
occurring in connection with the Company’s initial public offering but are subject to adjustment for other future stock splits, stock dividends, and other adjustments described in Article XIX hereof. 

2. The following items shall be added to the list of business criteria at the end of the first sentence of Article XII.C.2 of the Plan: 

“(w) cash flow; and/or (x) capital and/or operating expenditures.”
<PAGE>
                                                                    EXHIBIT 23.1




                         CONSENT OF INDEPENDENT AUDITORS


We consent to the following: (i) reference of our firm under the caption
"Portfolio Performance Information" in Item 1-Business, included in BKF Capital
Group Inc.'s Annual Report (Form 10-K) for the year ended December 31, 2003; and
(ii) incorporation by reference in the Registration Statement (Form S-8 Nos.
333-50132 and 333-75014) pertaining to the 1998 Incentive Compensation Plan of
BKF Capital Group, Inc. of our report dated March 3, 2004, with respect to the
consolidated financial statements of BKF Capital Group, Inc. included in the
Annual Report (Form 10-K) for the year ended December 31, 2003.




                                                               Ernst & Young LLP
New York, New York
March 15, 2004
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TREMANE DARNELL CARTHEN,

Plaintiff

- Appellant,

v.

P. SCOTT; et al.,

Defendants

- Appellees. No. 21

- 15063

D.C. No. 1:19

- cv

- 00227

- DAD

- EPG

MEMORANDUM *

Appeal from the United States District Court

for the Eastern District of California

Dale A. Drozd, District Judge, Presiding

Submitted August 17, 2021 * *

Before: SILVERMAN, CHRISTEN

, and LEE

, Circuit Judges.

Federal prisoner Tremane Darnell Carthen appeals pro se from the district

cou rt’s judgment dismissing h is action brought under Bivens v. Six Unknown

Named Agents of Federal Bureau of Narcotics , 403 U.S. 388 (1971), alleging

violations o f his constitutional rights. We have jurisdiction under 28 U.S.C.

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

AUG 25 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 21

- 15063

§ 1291. We review de novo a dismissal under 28 U.S.C. § 1915A

. Hamilton v.

Brown , 630 F.3d 889, 892 (9th Cir. 2011) . We vacate and remand

.

On appeal, Carthen submitted objections to the magistrate judge’s finding

and recommendations and a proposed amended complaint. Carthen claims that

these documents were not filed in the district court due to his prison’s failure to

mail the documents. Be cause Carthen’s proposed amended complaint include s

allegations that may cure the deficiencies noted by the findings and

recommendations , we vacate the judgment and remand for the district court to

consider whether Carthen should be allowed to file an amen ded complaint.

On remand, the district court should address whether a Bivens remedy exists

for the various claims Carthen asserts

. See Ziglar v. Abbasi , 137 S. Ct. 1843

(2017)

.

Carthen’s motion to file an amended complaint with this court (Docket Entr y

No. 5) and motion for appointment of counsel (Docket Entry Nos. 8 and 9) are

denied.

VACATED and REMANDED.
Exhibit 10.2

 

Sonus Networks, Inc.

4 Technology Park Drive

Westford, MA  01886

 

July 26, 2013

 

Mr. Matthew Dillon

By electronic delivery

 

Dear Matt:

 

We greatly appreciate the contributions you have made to Sonus Networks, Inc.  In connection with your resignation and the transition of your duties as Senior Vice President, Global Services and Systems Management, effective August 15, 2013, the Compensation Committee has agreed that, although you will not be an employee of the Company when the 2013 bonuses, if any, are paid out, you will receive the difference, if any, between your bonus at target and the amount you would have been eligible to receive pursuant to the March 28, 2013 amendment (the “Amendment”) to  your October 2, 2008 employment letter (collectively with the Amendment and a previous amendment dated February 15, 2013, the “Agreement”).  Such bonus, if any, will be paid to you in cash, notwithstanding the terms of the Amendment.

 

Except as modified by the terms of this letter, the terms of the Agreement will remain unaltered and in full force and effect.  Capitalized terms not defined in this letter have the same definitions given to them in the Agreement.

 

Very truly yours,

 

	
/s/   Raymond P. Dolan
    	
 
    
	
Raymond   P. Dolan
    	
 
    
	
President   and Chief Executive Officer
    	
 
    
	
 
    	
 
    
	
 
    	
 
    
	
Agreed:
    	
 
    
	
 
    	
 
    
	
/s/   Matthew Dillon
    	
 
    
	
Matthew   Dillon
Exhibit 32.1





CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002



In connection with the Annual Report of Cardiff International, Inc.
(the Company") on Form 10-K for the period ended herein as filed with the Securities and Exchange Commission (the "Report"),
I. Kathy Roberton, Chief Executive 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 fully presents, in all material respects, the financial condition and results of operations or the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------





|                      |                         | Cardiff International, Inc.
|--------------------- | ----------------------- | ---------------------------
|Date: August 19, 2014 | By:                     | /s/ Kathy Roberton         
|                      | Kathy Roberton         
|                      | Chief Executive Officer
|                      |
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 17, 2015

NO. 03-13-00459-CR

Alexander Dolan Davis, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 33RD DISTRICT COURT OF BURNET COUNTY

BEFORE CHIEF JUSTICE ROSE, JUSTICES GOODWIN AND BOURLAND

AFFIRMED -- OPINION BY JUSTICE GOODWIN

This is an appeal from the judgment revoking community supervision entered by the trial court. 

Having reviewed the record and the parties’ arguments, the Court holds that there was no 

reversible error in the trial court’s judgment revoking community supervision. Therefore, the 

Court affirms the trial court’s judgment revoking community supervision. Because appellant is 

indigent and unable to pay costs, no adjudication of costs is made.
Exhibit 32.1





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Orient Paper, Inc. (the “Company”) on Form 10-Q for the period ended September 30, 2010,  as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Zhenyong Liu, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350 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.





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





The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. section 1350 and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.








Date: November 15, 2010
By:
/s/ Zhenyong LiuZhenyong Liu

Chief Executive Officer

(principal executive officer)
<PAGE>
 
                      CONSENT OF INDEPENDENT ACCOUNTANTS


We consent to the incorporation by reference in the registration statement of
Bell Atlantic - Pennsylvania, Inc. on Form S-3 (File No. 33-50869), Form S-3
(File No. 33-55252) of our report dated February 5, 1996, which includes an
explanatory paragraph stating that the Company discontinued accounting for its
operations in accordance with Statement of Financial Accounting Standards No.
71, "Accounting for the Effects of Certain Types of Regulation," effective
August 1, 1994, and changed its method of accounting for income taxes and
postemployment benefits in 1993, on our audits of the financial statements and
financial statement schedule of the Company as of December 31, 1995 and December
31, 1994, and for each of the three years in the period ended December 31, 1995,
which report is included in this Annual Report on Form 10-K.

COOPERS & LYBRAND L.L.P.

2400 Eleven Penn Center
Philadelphia, Pennsylvania
March 27, 1996
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration 

          - [TA-W-64,805] 

                    Pursuant to Section 221 of the Trade Act of 1974, as amended, an                           ( print page 4469)                        investigation was initiated on January 2, 2009 in response to a petition filed on behalf of workers of Lane Home Furnishing (Wren), Tupelo, Mississippi.                 

The petitioning worker group is included in an earlier petition (TA-W-64,749) filed on December 17, 2008, that is the subject of an ongoing investigation for which a determination has not yet been issued. Further investigation in this case would duplicate efforts and serve no purpose; therefore the investigation under this petition has been terminated. 

Signed at Washington, DC this 16th day of January 2009. 

Linda G. Poole, 

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-1499 Filed 1-23-09; 8:45 am] 

BILLING CODE 4510-FN-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Centers for Disease Control and Prevention

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces the aforementioned meeting:

*Time and Date:*                         1 p.m.-4 p.m., July 24, 2009 (Closed).                    

*Place:*                         Teleconference.                    

*Status:*                         The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.                    

*Matters To Be Discussed:*                         The meeting will include the initial review, discussion, and evaluation of “Translating Research to Protect Health through Health Promotion, Prevention, and Preparedness, Panel A, FOA CD09-001, initial review.”                    

*Contact Person for More Information:*                         Shoukat Qari, Ph.D., Scientific Review Administrator, CDC, 1600 Clifton Road, NE., Mailstop D72, Atlanta, GA 30333, Telephone (404) 639-4663.                    

                        The Director, Management Analysis and Services Office, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry.                    

Dated: June 18, 2009.

Elaine L. Baker,

Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.

[FR Doc. E9-15084 Filed 6-25-09; 8:45 am]

BILLING CODE 4163-18-P
#### Pinnacle Charter School et al., Appellants, v Board of Regents of the University of the State of New York et al., Respondents.

Submitted July 29, 2013;

decided August 22, 2013

On the Court’s own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for a stay dismissed as academic.
@misc{110601,
  author = {Judith Terrill and William George and Terence Griffin and John Hagedorn and John Kelso and Thomas Olano and Adele Peskin and Steven Satterfield and James Sims and Jeffrey Bullard and Joy Dunkers and Nicos Martys and Agnes O'Gallagher and Gillian Haemer},
  title = {Extending Measurement Science to Interactive Visualization Environments},
  year = {2009},
  month = {2009-01-30},
  publisher = {Book chapter in Trends in Interactive Visualization},
  url = {https://tsapps.nist.gov/publication/get_pdf.cfm?pub_id=51227},
  language = {en},
}
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-1282

DONALD FREDERICK LEWIS,

Plaintiff - Appellant,

v.

PRIVATE SIMMS,

Defendant – Appellee,

and

CITY OF BOWIE, a body corporate and politic; PRINCE GEORGE’S 

COUNTY, a body corporate and politic,

Defendants.

Appeal from the United States District Court for the District of 

Maryland, at Greenbelt. Paul W. Grimm, District Judge. (8:11-

cv-02172-PWG)

Submitted: August 21, 2014 Decided: August 25, 2014

Before SHEDD, AGEE, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Donald Frederick Lewis, Appellant Pro Se. Matthew Douglas 

Peter, Hanover, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Donald Frederick Lewis appeals from the district 

court’s orders dismissing his claims against Prince George’s 

County, Maryland, and the City of Bowie, Maryland, and entering 

judgment on the jury verdict in favor of Private Simms on 

Lewis’s claims asserted pursuant to 42 U.S.C. § 1983 (2012). On 

appeal, we confine our review to the issues raised in the 

appellant’s brief. See 4th Cir. R. 34(b). Because Lewis’s 

informal brief does not challenge the basis for the district 

court’s disposition, Lewis has forfeited appellate review of the 

court’s orders. Accordingly, we affirm the district court’s 

orders. We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials

before this court and argument would not aid the decisional 

process.

AFFIRMED
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350**

 

In connection with the QuarterlyReport of Buckeye GP Holdings L.P. (“BGH”) on Form 10-Q for the period endedSeptember 30, 2007 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Forrest E. Wylie, Chief Executive Officerof MainLine Management LLC, the generalpartner of BGH, hereby certify, to my knowledge, pursuant to 18 U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)           The Report fullycomplies with the requirements of Section 13(a) of the Securities Exchange Actof 1934, as amended; and

 

(2)           The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of BGH.

 

 
|                    | MAINLINE  MANAGEMENT LLC, as general partner of BGH |
|-------------------------|-----------------------------------------------------|
|                    |                                                |
| Date: October  29, 2007 | /s/ Forrest E.  Wylie                               |
|                    | Forrest E. Wylie                                    |
|                    | *Chief  Executive Officer*                          |

 

----
EXHIBIT 11.1

WORLDCORP, INC. AND CONSOLIDATED SUBSIDIARIES
CALCULATION OF EARNINGS (LOSS) PER COMMON SHARE

                                 For the Year Ended December 31, 1997
                                 ------------------------------------
                               Earnings            Shares           Per-Share
                              (Numerator)       (Denominator)       Amount
                              -----------       -------------       ------

Basic EPS
Net loss available to
common shareholders          $  (19,128,000)    14,804,356      $       (1.29)
                                                                    ==========

Effect of Dilutive
Securities 
7% convertible debentures         4,550,000      5,877,034
                                  ---------      ---------
Diluted EPS
Net loss available to
common stockholders          $ (14,578,000)     20,681,390      $            *
                             =============      ==========      ==============

                                  For the Year Ended December 31, 1996
                                  ------------------------------------
                             Earnings             Shares             Per-Share
                            (Numerator)        (Denominator)           Amount
                            -----------        -------------           ------
Basic EPS
Net loss available to
common stockholders          $  (11,754,000)     16,153,227      $       (0.73)
                                                                       ========
Effect of Dilutive Securities
Options                                   --        530,970
7% convertible debentures          4,550,000      5,877,034
                                   ---------      ---------
Diluted EPS
Net loss available to
common stockholders          $   (7,204,000)     22,561,231      $            *
                             ==============      ==========      ==============

                                  For the Year Ended December 31, 1995
                                  ------------------------------------
                              Earnings             Shares             Per-Share
                            (Numerator)        (Denominator)           Amount
                            -----------        -------------           ------
Basic EPS
Net earnings available to
common stockholders          $ 60,208,000       15,988,365      $         3.77
                                                                       =======
Effect of Dilutive
Securities
Options                                --        1,129,467
7% convertible debentures       4,550,000        5,877,034
                                ---------        ---------
Diluted EPS
Net earnings available to
common stockholders          $ 64,758,000        22,994,866      $         2.82
                             ============        ==========      ==============


*    Amounts are anti-dilutive
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED APRIL 24, 2020

NO. 03-19-00743-CV

Pedro Hernandez and Courtney Hernandez, Appellants

v.

Pella Corporation, Appellee

APPEAL FROM THE 250TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES GOODWIN, KELLY, AND SMITH

DISMISSED FOR WANT OF PROSECUTION -- OPINION BY JUSTICE KELLY

This is an appeal from the judgment signed by the trial court on July 16, 2019. Having reviewed 

the record, the Court holds that appellants have not prosecuted their appeal and did not comply 

with a notice from the Clerk of this Court. Therefore, the Court dismisses the appeal for want of 

prosecution. Appellants shall pay all costs relating to this appeal, both in this Court and in the 

court below.