alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls
and procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us
by others within those entities, particularly during the period in which this report is
being prepared;b)
    
    Designed such internal controls over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures
and presented in this report our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by this report based on such
evaluation; andd)
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting.
  a)
    
    All significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; and




---



##### 



b)
    
    Any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal control over financial
reporting.
 Date: November 19, 2008
    By:
    /s/ David R. AllenDavid R. AllenChief Financial Officer
(Principal Financial Officer)
Prepared by MERRILL CORPORATION




QuickLinks
 -- Click here to rapidly navigate through this document
  



 
 

Exhibit 10.16    
  


September 27,
2001 


Joseph
K. O'Brien

Chief Financial Officer

9300 North Decatur

Portland, Oregon 97203 


Dear
Joe: 


    I
am pleased to advise you that U.S. Bank National Association ("Bank") has agreed to modify the terms and conditions under which your line of credit is available. 



	Borrower:	 	Phoenix Gold International, Inc.
	

Amount:	
 	
$5,000,000.00
	
Expiry Date:	
 	
January 31, 2002






    All
of the terms and conditions set out in the loan documents dated January 29, 2001 continue to apply except for the following: 


	1.
	The definition of ineligible accounts receivable is amended to allow for debtor credit limits of $1,000,000 for any publicly owned
company, IF that company has at least an investment grade short-term debt rating from Moody's and/or S&P.



	2.
	The
debt-to-worth financial covenant ratio required is amended to 0.50:1 for the quarters ended
September 30, 2001 and December 31, 2001. 



    If
the above modifications of the terms and conditions are acceptable to you, please sign, date and return the acknowledgement copy of this letter. 


Sincerely,



/s/ DAVID WYNDE   


David
Wynde
 Vice President

(503) 275-3780 


33





 


	Phoenix Gold International, Inc.

September 27, 2001	 	Page 2





    Borrower
hereby accepts U.S. Bank's offer to extend credit on terms and conditions stated above. Borrower hereby agrees to the Arbitration clause set forth in Exhibit B
attached hereto. 


Phoenix
Gold International, Inc. 



	By:	/s/ JOSEPH K. O'BRIEN   
 Joseph K. O'Brien	 	 
	

Title:	
Chief Financial Officer & Secretary
	
 	

 
	

Date:	

September 28, 2001
	
 	

 




34









QuickLinks



Exhibit 10.16
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

HERNANDO RODRIGUEZ

Plaintiff,

v.

IMMIGRATION AND CUSTOMS 

ENFORCEMENT; NEW JERSEY FIELD 

OFFICE DIRECTOR, Immigration and 

Customs Enforcement; JANET 

NAPOLITANO, Secretary, Department of 

Homeland Security; and ERIC HOLDER, 

Attorney General of the United States,

 Defendants.

11-CV-881(WJM)

 

ORDER

THIS MATTER comes before the Court on Petitioner Hernando Rodriguez’s pro 

se petition for writ of habeas corpus under 28 U.S.C. § 2241 and request for preliminary 

injunction. 

Rodriguez, a native and citizen of Colombia, is currently in the custody of United 

States Immigration and Customs Enforcement and is awaiting removal. Rodriguez 

entered the United States in 1999 and overstayed his visa. He is currently married to a 

United States citizen, though the two may be separated. In 2004, removal proceedings 

were initiated against him. Rodriguez applied for withholding of removal under the 

Convention Against Torture arguing that he feared persecution because he was HIVpositive. Following a hearing, the Immigration Judge denied his application. The Board 

of Immigration Appeals affirmed and dismissed his appeal. The Court of Appeals for the 

Case 2:11-cv-00881-WJM Document 2 Filed 02/23/11 Page 1 of 2 PageID: 6
Third Circuit subsequently denied his petition for review. Rodriguez v. Attorney General, 

381 F. App’x 217, No. 09-2593 (3d Cir. May 20, 2010). 

The Court has reviewed Rodriguez’s petition and finds that it raises no new issues 

which were not already considered and decided over the course of the withholding of 

removal proceedings. The Third Circuit specifically noted and addressed Rodriguez’s 

arguments relating to his HIV-positive status but denied his petition for review. 

For the foregoing reasons and for good cause shown;

IT IS on this 23rd day of February 2011, hereby,

ORDERED that Rodriguez’s Petition for Writ of Habeas Corpus and other relief 

is DENIED.

 /s/ William J. Martini 

WILLIAM J. MARTINI, U.S.D.J.

Case 2:11-cv-00881-WJM Document 2 Filed 02/23/11 Page 2 of 2 PageID: 7
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 6799

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. MARVIN SPRY , Defendant

- Appellant

.

Appeal from the United States District Court for the Southern District of West Virginia , at Charleston

. John T. Copenhaver, Jr., District Judge. ( 2:01

- cr
- 00011

- 1 ; 2:16

- cv
05852 )

Submitted : October 23, 2018 Decided: November 5, 2018

Before KING, KEENAN, and HARRIS , Circuit Judges.

Dismissed by un published per curiam opinion

.
Marvin Spry , Appellant Pro Se

.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Marvin Spry seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. Th e district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). The magistrate judge recommended dismissing Spry’s motion as untimely and advised Spry that the failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. The timely filing of specific objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when th e parties have been warned of the consequences of noncompliance. Wright v. Collins , 766 F.2d 841, 845

- 46 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 (1985). Spry has waived appellate review by failing to file objections after receiving proper n otice. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. 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.
DISMISSED
442061v1

EXHIBIT A

Case 2:11-cv-02873-WJM-MF Document 1-1 Filed 05/19/11 Page 1 of 2 PageID: 28
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Case 2:11-cv-02873-WJM-MF Document 1-1 Filed 05/19/11 Page 2 of 2 PageID: 29
EX-10.22



 Exhibit 10.22 
 SECOND AMENDMENT OF 
 PACKAGING CORPORATION OF AMERICA 

SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN 
 (As Amended and Restated Effective as of January 1, 2005) 
 Pursuant to the
authority set forth in Article IV, Section 4.1 thereof, the Packaging Corporation of America Supplemental Executive Retirement Plan (the “Plan”) is hereby amended, effective as of March 1, 2013, by inserting the following Appendix B to the
Plan, immediately following Appendix A: 
 “Appendix B 

Special Provisions Applicable to Thomas A. Hassfurther 
 This Appendix B sets forth certain special provisions of the Plan with respect to the benefits of Thomas A. Hassfurther (“Hassfurther”). 

1. Defined Terms. Unless otherwise noted, capitalized terms used in this Appendix B shall have the same meanings ascribed to them
in the Plan. 
 2. Participation Service. For purposes of determining Hassfurther’s Participation Service under the
Plan, the maximum limit of 35 Years of Participation in the PCA Pension Plan shall be increased to a maximum limit of 45 Years of Participation. Nothing herein shall modify the definition of Service Ratio with respect to Hassfurther; thus, if
Hassfurther’s Participation Service exceeds 35 Years of Participation, his Service Ratio under the Plan would exceed 1.0.” 
 In all other respects, the Plan shall remain in full force and effect. 
 IN WITNESS WHEREOF, and as conclusive evidence of the adoption of the foregoing, Packaging Corporation of America causes these presents to be duly executed by its proper officer thereunto duly authorized
this 28th day of February, 2013. 

PACKAGING CORPORATION OF AMERICA 

By: /s/ Stephen T. Calhoun 
 Its: Vice President, Human Resources
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

PAUL E. HEWSTON,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 324 WAL 2014

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 5th day of November, 2014, the Petition for Allowance of Appeal

is DENIED.
EXHIBIT 32.01

CERTIFICATIONS

(Pursuant to 18 U.S.C. Section 1350)

The undersigned hereby certifies that (i) the foregoing Quarterly Report on Form 10-Q filed by Bank of the Carolinas Corporation (the
Registrant) for the quarter ended September 30, 2007, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii) the information contained in that Report fairly
presents, in all material respects, the financial condition and results of operations of the Registrant.



|                        |  |  |  |                                           
|----------------------- |  |  |  | ------------------------------------------
|Date: November 13, 2007 |  |  |  | /s/ Robert E. Marziano                    
|                        |  |  |  | Robert E. Marziano                        
|                        |  |  |  | President and Chief Executive Officer     
|                        |  | 
|Date: November 13, 2007 |  |  |  | /s/ Eric E. Rhodes                        
|                        |  |  |  | Eric E. Rhodes                            
|                        |  |  |  | Vice President and Chief Financial Officer
#### The People of the State of New York, Respondent, v Frank Staten, Appellant.

[821 NYS2d 882]

Judgment, Supreme Court, Bronx County (Harold Adler, J., at plea; Robert Torres, J., at sentence), rendered March 1, 2004, convicting defendant, of criminal possession of stolen property in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s claim that he was entitled to a hearing on the issue of whether he violated the terms of his plea agreement is unpreserved since he never requested a hearing or moved to withdraw his plea *(People v Chiclana,*21 AD3d 823 [2005], *lv denied*6 NY3d 753 [2005]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that after a sufficient inquiry, the sentencing court properly determined that defendant had violated his plea agreement in several respects. There was no factual dispute requiring a hearing *(see People v Valencia,*3 NY3d 714 [2004]). In particular, it is undisputed that defendant was rearrested, and that this new arrest resulted in an additional felony conviction that is not the subject of this appeal. Defendant’s suggestion that his choice to commit a new felony was somehow beyond his control is without merit. Concur—Mazzarelli, J.P, Andrias, Sullivan, McGuire and Malone, JJ.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

October 31, 2006 Clifford W. Taylor, Chief Justice
131396 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 131396 COA: 265861 Wayne CC: 97-008523 DARRIN COATS, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the May 4, 2006 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing en titlement to relief under MCR 6.508(D).

p1023 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

October 31, 2006

Clerk
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,  David Campbell,  Chief Executive  Officer of Bloodhound Search
Technologies,  Inc. (the "Company"),  certify, under the standards set forth and
solely for the purposes of 18 U.S.C. 1350, as adopted pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002,  that, to his knowledge,  the Annual Report on
Form 10-KSB of the Company  for the fiscal  year ended  December  31, 2005 fully
complies  with the  requirements  of  Section  13(a) or 15(d) of the  Securities
Exchange  Act of 1934 and  information  contained  in that  Form  10-KSB  fairly
presents,  in all material  respects,  the  financial  condition  and results of
operations of the Company.

Dated: April 17, 2006

By:         /s/ David Campbell
--------------------------------------------------------------
Name:       David Campbell
Title:      Chief Executive Officer, President, and Director
            (Principal Executive Officer)

By:         /s/ Robert Horn
--------------------------------------------------------------
Name:       Robert Horn
Title:      Chief Financial Officer and Secretary
            (Principal Financial Officer)


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.
#### EMPLOYERS MUT. LIABILITY INS. CO. OF WISCONSIN v. BLUE LINE TRANSFER CO.

No. 909.

District Court, W. D. Missouri, W. D.

Feb. 26, 1943.

Blake Williamson, of Kansas City, Kan., and Douglas Stripp (of Watson, Ess, Groner, Barnett & Whittaker), of Kansas City, Mo., for plaintiff.

J. Francis O’Sullivan, of Kansas City, Mo., for defendant.

REEVES, District Judge.

Because of contradictory affidavits on specific factual questions, by memorandum opinion filed November 25, 1942, the parties were required to produce witnesses for the trial of such issues.

Pursuant to such memorandum the defendant has asked for the production- and inspection of certain documents of plaintiff in support of defendant’s contention. These documents appertain to certain audits of the defendant’s books which plaintiff was entitled to make while the policies were in force, and which, it is averred by defendant, were actually made. If such audits were made and if full and complete, then the plaintiff is not entitled to the relief sought by its motions heretofore filed.

It would be a simple matter for the plaintiff to produce the audits it actually made, if any, so that it might be determined whether it has the information it now seeks to obtain by an audit of defendant’s books.

Counsel for the plaintiff has attempted the punitive doctrine of lex talionis in refusing to produce records, obviously competent, in the hearing until it has had an opportunity to make an inspection which its own contracts might forbid. At the hearing it can be determined whether or not, (a) plaintiff made audits at the time it had a right to make them, and (b) whether, if not made, it was denied that right by the defendant. If the latter should be established, then plaintiff should be given an opportunity to audit defendant’s books. The defendant should be permitted to inspect the documents mentioned and same should be produced at the hearing, if one is made necessary.
Rel: February 9, 2024

STATE OF ALABAMA -- JUDICIAL DEPARTMENT

THE SUPREME COURT OCTOBER TERM, 2023-2024

SC-2023-0249 EZPAWN Alabama, Inc. v. Darryl A. Lee (Appeal from Jefferson Circuit Court: CV-18-901322). MENDHEIM, Justice. AFFIRMED. NO OPINION. See Rule 53(a)(1) and (a)(2)(F), Ala. R. App. P. Parker, C.J., and Shaw, Bryan, and Mitchell, JJ., concur.
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 18

- 00429

- CR

E X P ARTE T ONYA C OUCH §

§

§

§

§

§ On Appeal from Criminal District

Court No. 2

of Tarrant County (C009522

-

1439883

- 1457264

)

January 17, 2019

Opinion by Justice Kerr

(nfp)

JUDGMENT

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

appeal should be dismissed. It is ordered that the appeal is dismissed as moot

.

SECOND DISTRICT COURT OF APPEAL S

By /s/ Elizabeth Kerr

Justice Elizabeth Kerr
IN THE COURT OF APPEALS OF TEXAS

FIRST JUDICIAL DISTRICT

BLAKE ANTHONY MONAKINO §

§

vs. § Case No. 01-14-00361-CR

§

THE STATE OF TEXAS §

MOTION TO EXTEND TIME TO FILE BRIEF 

TO THE HONORABLE JUSTICES OF THIS COURT:

Appellant Blake Anthony Monakino, through counsel, moves the Court to 

extend time to file his brief, due January 15, 2015, for the following reasons:

1. Counsel, Assistant Public Defender, Melissa Martin has been working on many 

cases including, but not limited to Hayes v. State, 01-14-00623-CR, Ramos v. State, 01-14-

00381-CR; Morris v. State, 01-14-00511-CR; and a motion for new trial in a murder case, 

Carter v. State, 01-14-1006-CR, as well as the instant case and has been unable to 

complete the brief despite due diligence.

2. This is the first request for an extension in this case.

In view of the foregoing, Mr. Monakino asks the Court to extend the time to 

file his brief for 30 days, or up to and including February 15, 2015. This request is 

made in the interest of justice and effective assistance of counsel and not for 

purposes of delay.

Respectfully submitted,

ALEXANDER BUNIN

Chief, Harris County Public Defender’s Office

/s/ Melissa Martin

_________________________________

MELISSA MARTIN

Assistant Public Defender

TX. Bar No. 24002532

1201 Franklin St., 13th Fl.

Houston, TX 77002

email: melissa.martin@pdo.hctx.net

713/274-6709 Fax 713/437-4319

ACCEPTED

01-14-00361-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

1/15/2015 10:33:27 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/15/2015 10:33:27 AM CHRISTOPHER A. PRINE Clerk
CERTIFICATE OF SERVICE

I certify that a copy of the foregoing motion was electronically served on the 

Harris County District Attorney’s office on January 15, 2015.

s/ Melissa Martin

__________________________

Melissa Martin
#### Mirna Argentina BAIRES-HERNANDEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 11-73494.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 19, 2012.*

Filed Dec. 28, 2012.

Albert C. Lum, Sr., Esquire, Law Office of Albert C. Lum, Pasadena, CA, for Petitioner.

Bernard Joseph, OIL, DOJ-U.S. Department of Justice, Washington, DC, for Respondent.

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Mirna Argentina Baires-Hemandez, a native and citizen of El Salvador, petitions *713for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her applications for relief from deportation. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for substantial evidence, *Ramos v. INS,*246 F.3d 1264, 1266 (9th Cir.2001), we deny the petition for review.

Substantial evidence supports the BIA’s determination that Baires-Hernandez is statutorily barred from establishing the good moral character required for suspension of deportation and voluntary departure because she voluntarily gave false testimony under oath at an interview with an asylum officer in 2007 with the subjective intent to obtain an immigration benefit. *See 8*U.S.C. § 1101(f)(6); Ramos, 246 F.3d at 1266.

Baires-Hernandez’s contention that her false testimony was the result of ineffective assistance of counsel provided by an immigration consultant she knew was not a lawyer is foreclosed by our decision in *Hernandez v. Mukasey,*524 F.3d 1014, 1020 (9th Cir.2008) (holding that knowing reliance upon the advice of a non-attorney cannot support a claim for ineffective assistance of counsel in a removal proceeding).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.