alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SHLDEX1040201210K


EXHIBIT 10.40






[SEARS HOLDINGS LETTERHEAD]






February 5, 2013




Mr. Dane Drobny




Dear Dane, 


As you continue in the role of Senior Vice President, General Counsel and Corporate Secretary, we are pleased to provide you with the following compensation changes effective February 4, 2013, subject to approval by the Compensation Committee of the Sears Holdings Corporation Board of Directors.  

The changes to your compensation package are as follows:


		
	•
	Annual base salary at a rate of $700,000. 



		
	•
	You will be eligible to receive a long-term incentive cash award of $800,000 (gross).  The grant date of this award is February 4, 2013.  This award will be scheduled to vest on a graded basis, with $200,000 of the award vesting on the first anniversary of the grant date, $300,000 of the award vesting on the second anniversary of the grant date, and $300,000 of the award vesting on the third anniversary of the grant date, provided you are actively employed on the applicable vesting date, and will be payable as soon as administratively possible following the applicable vesting date.  This award is separate from and not in the place of your participation under the Sears Holdings Corporation Long-Term Incentive Program.  Please refer to the enclosed Sears Holdings Corporation Executive LTI Cash Award Agreement for the specific terms of the award. 



Dane, we are excited about the important contributions you will continue to make to the company as a member of the Executive Leadership Team.  I look forward to your acceptance of our offer.  If you need additional information or clarification, please call.  


To accept, sign below and return this letter to me.


Sincerely,


/s/ Dean Carter


Dean Carter
Chief Human Resources Officer




Accepted: 

	
		
	/s/ Dane Drobny                                    
	3/1/2013

	Dane Drobny
	Date
```

[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Notices]
[Pages 37233-37234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17899]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute for Occupational Safety and Health; Final 
Effect of Designation of a Class of Employees for Addition to the 
Special Exposure Cohort

AGENCY: National Institute for Occupational Safety and Health, 
Department of Health and Human Services (HHS).

ACTION: Notice.

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

SUMMARY: HHS gives notice concerning the final effect of the HHS 
decision to designate a class of employees at the Standard Oil 
Development Company in Linden, New Jersey, as an addition to the 
Special Exposure Cohort (SEC) under the Energy Employees Occupational 
Illness Compensation Program Act of 2000. On June 18, 2009, as provided 
for under 42 U.S.C. 7384q(b), the Secretary of HHS designated the 
following class of employees as an addition to the SEC:

    All AWE employees of the Standard Oil Development Company in 
Linden, New

[[Page 37234]]

Jersey, during the period from August 13, 1942 through December 31, 
1945, while working for a number of work days aggregating at least 
250 work days, either solely under this employment or in combination 
with work days within the parameters established for one or more 
other classes of employees in the SEC.

    This designation became effective on July 18, 2009, as provided for 
under 42 U.S.C. 7384l(14)(C). Hence, beginning on July 18, 2009, 
members of this class of employees, defined as reported in this notice, 
became members of the Special Exposure Cohort.

FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of 
Compensation Analysis and Support, National Institute for Occupational 
Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, 
OH 45226, Telephone 513-533-6800 (this is not a toll-free number). 
Information requests can also be submitted by e-mail to [email protected].

Christine M. Branche,
Acting Director, National Institute for Occupational Safety and Health.
[FR Doc. E9-17899 Filed 7-27-09; 8:45 am]
BILLING CODE 4163-19-P
```
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED MA Y 7, 2014

NO. 03

- 14

- 00127

- CV

Terri Rivera, Appellant

v.

Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Structured Trust I 2007

- 1, Appellee

APPEAL FROM CO UNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE JONES, JUSTICES PEMBERTON A ND ROSE

DISMISSED ON APPELLANT’S MOTION

-- OPINION BY JUSTICE ROSE

This is an appeal from the judgment signed by the tr i a l court on August 27, 2013. Appellant has

filed a motion to dismiss the appeal, and having considered the motion, the Court agrees that the

motion should be granted. Therefore, the Court grants the motion and dismisses the appeal

. The

appellant shall pay all costs relating to this appeal, both in this Court and the court below.
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 Energy

###### Federal Energy Regulatory Commission

          - [Docket No. CP09-6-000]

On Wednesday, February 4, 2009, at 10 a.m. (PST), staff of the Office of Energy Projects will convene an engineering design and technical conference (cryogenic conference) regarding the proposed Oregon LNG import terminal. The conference will be held at the Holiday Inn Express Hotel & Suites, in Astoria, Oregon. The hotel is located at 204 West Marine Drive, Astoria, OR 97103. For hotel details call (503) 325-6222.

The conference will review the design of the LNG storage tanks and facility, instrumentation and controls, hazard detection and controls, spill containment, geotechnical topics, and other issues related to the operation of the proposed facility. Issues related to environmental impacts and LNG vessel transit are outside the scope of the conference.

                    In view of the nature of critical energy infrastructure information and security issues to be explored, the cryogenic conference will not be open to the public. Attendance at this conference will be limited to existing parties to the proceeding (anyone who has specifically requested to intervene as a party) and to representatives of interested federal, state, and local agencies. Any person planning to attend the February 4th cryogenic conference                     *must register*                     by close of business on Monday, February 2, 2009. Registrations may be submitted either online at                     *http://www.ferc.gov/​whats-new/​registration/​cryo-conf-form.asp*                     or by faxing a copy of the form (found at the                           ( print page 4957)                        referenced online link) to 202-208-0353. All attendees must sign a non-disclosure statement prior to entering the conference. Upon arrival at the hotel, check the reader board in the hotel lobby for venue. For additional information regarding the cryogenic conference, please contact Ghanshyam Patel at 202-502-6431.                

Kimberly D. Bose,

Secretary.

[FR Doc. E9-1770 Filed 1-27-09; 8:45 am]

BILLING CODE 6717-01-P
**Exhibit 32.1**

 

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICERAND FINANCIAL OFFICERUNDER SECURITIES AND EXCHANGE ACT RULES 13a-14 AND 15d-14

 

In connection with the Annual Report of TBX Resources, Inc. (the“Company”) on Form 10-KSB for the period ending November 30, 2003, as filedwith the Securities and Exchange commission on the date hereof (the “Report”),I, Tim Burroughs, Chief Executive and Financial Officer of the Company,certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906of the Sarbanes-Oxley Act of 2002, that:

 

i.                  The Report fully complies with the requirementsof section 13(a) or 15(d) of the Securities Act of 1934 (15 U.S.C.78m or780(d); and

ii.               The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

Datedthis 16th day of March 2004.

 
| By:  /s/ Tim Burroughs                         |   |
|-----------------------------------------------------|--------|
|                                                |
| Chief Executive Officer and Chief Financial Officer |

 

----
#### Robert P. SMITH, III, Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; et al., Defendants-Appellees.

No. 11-15439.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 19, 2012.*

Filed Jan. 3, 2013.

Robert P. Smith, III, Corcoran, CA, pro *708se.

Michael A. Terhorst, Beeson Terhorst, LLP, Sacramento, CA, for Defendants-Ap-pellees.

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

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *708*See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Robert P. Smith, III, a California state prisoner, appeals pro se from the district court’s order denying his motion for sanctions and costs based on the allegedly defective removal of his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. *Gibson v. Chrysler Corp.,*261 F.3d 927, 949-50 (9th Cir.2001). We affirm.

The district court did not abuse its discretion by denying Smith’s motion for sanctions under Rule 11 of the Federal Rules of Civil Procedure because it properly concluded that the California Department of Rehabilitation and Corrections (“CDCR”) did not remove the ease or oppose remand for an improper purpose, and the CDCR’s filings were not clearly frivolous. *See Holgate v. Baldwin,*425 F.3d 671, 675-77 (9th Cir.2005) (identifying bases for awarding Rule 11 sanctions and explaining that a frivolous filing is both baseless and made without a reasonable and competent inquiry).

The district court did not abuse its discretion by denying Smith’s motion for costs under 28 U.S.C. § 1447(c) because the CDCR had “an objectively reasonable basis for removal.” *Gardner v. UICI,*508 F.3d 559, 560-61 (9th Cir.2007) (discussing the circumstances under which an award of attorney’s fees and costs may be awarded under 28 U.S.C. § 1447(c)).

The district court did not abuse its discretion by denying Smith’s motion for reconsideration because Smith failed to establish a basis warranting reconsideration. *See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc.,*5 F.3d 1255, 1262-63 (9th Cir.1993) (standard of review and grounds for reconsideration). Nor did the district court abuse its discretion by denying Smith’s motion to supplement his motion for reconsideration with newly discovered evidence. *See Preminger v. Peake,*552 F.3d 757, 769 n. 11 (9th Cir.2008) (a district court’s decision concerning its management of litigation is reviewed for an abuse of discretion).

Smith’s request for costs, set forth in his opening and reply briefs, is denied.

The CDCR’s motion for judicial notice, filed on October 31, 2011, is denied.

Smith’s request for an order directing prison officials to comply with 28 U.S.C. § 1915(b)(2), filed on October 19, 2012, is denied.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
[No. 54822-1-I.

Division One.

November 21, 2005.]

#### The State of Washington, *Respondent,*v. Willie Lee Macklin, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 04-1-11782-4, Gregory P. Canova, J., entered July 23, 2004. *Affirmed*by unpublished opinion per Coleman, J., concurred in by Agid and Schindler, JJ.
### Court of Appeals, State of Michi g an ORD E R People of MI v Terreik Jaylel Latham Docket No. 338891 LC No. 16-009739-01-FC Michael J. Riordan Presiding Judge David H. Sawyer Kathleen Jansen

Judges The Court orders that the Febru ary 6, 2020 op1mon is hereby VACATED, and a new opinion is attached.

# ~~ Presiding Judge

A true copy entered and certifie d b y Jerome W. Zimmer Jr ., Chief Clerk , on 

# FEB 

# 2 0 2020 Date
#### WHITTAKER v. COWEN et al.

(Circuit Court of Appeals, Sixth Circuit.

May 6, 1903.)

No. 1,079.

Appeal from the Circuit Court of the United States for the Eastern District of Kentucky.

Martin M. Durrett, for appellant. Judson Harmon, Thomas B. Paxton, Kittridge & Wilby, Chas. H. Stephens, and Harlan Cleveland, for appellees.

Dismissed.
EXHIBIT 31.1

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER  PURSUANT TO SECTION 302 OF THE  SARBANES-OXLEY ACT OF 2002

I,
Timothy M. Yager, certify that:

1.     I
have reviewed this Annual Report on Form 10-K of iPCS, Inc.;

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

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

4.     The
registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



5.     The
registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions):



Date:
March 3, 2009

|                                                                            |  | 
|--------------------------------------------------------------------------- |  | 
|/s/ TIMOTHY M. YAGER Timothy M. Yager President and Chief Executive Officer |  | 

---



QuickLinks
DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

GEORGE MILLER,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 2D2023-2384

June 5, 2024

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for 

Pinellas County; Philip J. Federico, Judge.

Cydnee Brown of Law Office of Cydnee Brown, Tallahassee, for Appellant.

PER CURIAM.

Affirmed.

SILBERMAN, VILLANTI, and BLACK, JJ., Concur.

Opinion subject to revision prior to official publication.
**Exhibit31.1**

**Certification of the ChiefExecutive Officer**

(Pursuant to Rule13a-14(a))

I, Brett Moyer, certifythat:

1.               I have reviewedthis Form 10-Q of Focus Enhancements, Inc.;

2.               Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.               Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4.               The registrant’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:

(a) Designed such disclosure controls and procedures,or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

(b) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and

5.               The registrant’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (orpersons performing the equivalent functions):

(a) All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

(b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal control over financial reporting.
|  Date:  August 13, 2007 |
|------------------------------|
|                         |
| /s/                          | Brett Moyer |   |
|                         | Brett Moyer |
|                         | President and CEO |

 

----
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.                  

###### Federal Deposit Insurance Corporation

Pursuant to the provisions of the “Government in the Sunshine Act” (5 U.S.C. 552b), notice is hereby given that at 10:02 a.m. on Monday, July 20, 2009, the Board of Directors of the Federal Deposit Insurance Corporation met in closed session to consider matters related to the Corporation's corporate, supervisory, and resolution activities.

In calling the meeting, the Board determined, on motion of Vice Chairman Martin J. Gruenberg, seconded by Director Thomas J. Curry (Appointive), concurred in by Director John C. Dugan (Comptroller of the Currency), Director John E. Bowman (Acting Director, Office of Thrift Supervision), and Chairman Sheila C. Bair, that Corporation business required its consideration of the matters which were to be the subject of this meeting on less than seven days' notice to the public; that no earlier notice of the meeting was practicable; that the public interest did not require consideration of the matters in a meeting open to public observation; and that the matters could be considered in a closed meeting by authority of subsections (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), and (c)(9)(B) of the “Government in the Sunshine Act” (5 U.S.C. 552b(c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), and (c)(9)(B)).

The meeting was held in the Board Room of the FDIC Building located at 550 17th Street, NW., Washington, DC.

 Dated: July 20, 2009.

Federal Deposit Insurance Corporation.

Valerie J. Best,

Assistant Executive Secretary.

[FR Doc. E9-17521 Filed 7-21-09; 11:15 am]

BILLING CODE P
Independent Accountants Report on Applying Agreed-Upon Procedures

 

To Household Finance Corporation:

We have performed procedures enumerated below in items A. and B. in conjunction with Section 4.11 of the Master Sale and Servicing Agreement, dated February 1, 2000 (the "Agreement").

- We have audited, in accordance with auditing standards generally accepted in the United States, the consolidated financial statements of Household Finance Corporation (the "Servicer") and subsidiaries as of December 31, 2000, and haveissued our report thereon dated January 15, 2001.  We have not audited any financial statements of the Servicer as of any date or for any period subsequent to December 31, 2000, or performed any audit procedures subsequent to the date of our report onthose statements.  As part of our audit, we reviewed documents and records relating to the servicing of consumer automobile finance receivables under the Agreement.  In connection with our audit, we noted no exceptions or errors in the records relating tothe servicing of consumer automobile finance loans that, in our opinion, generally accepted auditing standards required us to report.
- We have performed the procedure described in the following paragraph, which was agreed to by the management of the Servicer, with respect to Section 4.11 of the Agreement, in conjunction with the servicing of consumer automobile finance receivablesowned by Household Automotive Trust IV.  This agreed-upon procedure was performed in accordance with standards established by the American Institute of Certified Public Accountants.  The sufficiency of the procedure is solely the responsibility of theServicer.  Consequently, we make no representation regarding the sufficiency of the procedure described below either for the purpose for which this report has been requested or for any other purpose.

    The procedure and associated findings are as follows:

    From the Monthly Servicers Certificates prepared by the Servicer between March, 2000 and 

    December, 2000, we selected the following months and performed the following:

We have compared the mathematical calculation of each amount set forth in the Monthly Servicers Certificates to the Servicers accounting records for the month of April, 2000 for Series 2000-1 and found it to be in the agreement.  Our comparisons werebased on records provided to us by the Servicer and the methodology set forth in the Agreement.

With respect to the procedure performed in item B. above, we were not engaged to, and did not, perform an audit, the objective of which would be the expression of an opinion on the Monthly Servicers Certificates described above.  Accordingly, we donot express such an opinion.  Had we been engaged to perform additional procedures, other matters might have come to our attention that would have been reported to you.

This report is intended solely for the information and use of the Servicer and should not be used for any other purpose.

Arthur Andersen LLP

Chicago, Illinois

March 21, 2001