alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 23-0255

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

ALEK RICHARD EGGETT,

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 September 15, 2023, within which to prepare, 

file, and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

August 10 2023

08/10/2023

Case Number: DA 23-0255
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-50605

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CURTIS M. SHUBIN,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. SA-96-CR-138-1

- - - - - - - - - -

May 29, 1998

Before JONES, SMITH and STEWART, Circuit Judges.

PER CURIAM:*

Curtis M. Shubin appeals his conviction and sentence for

possession of a firearm by a convicted felon, a violation of 18

U.S.C. § 922(g)(1). 

Shubin contends that the district court erred in denying him

a full three-point offense-level reduction for acceptance of

responsibility under U.S.S.G. § 3E1.1(b)(1). Because Shubin has

not demonstrated that he “timely provid[ed] complete information

to the government concerning his own involvement in the offense,”
No. 97-50605

-2-

the district court did not abuse its discretion in denying him

the full § 3E1.1(b) reduction. See United States v. Mills, 9

F.3d 1132, 1136 (5th Cir. 1993); United States v. Gonzales, 19

F.3d 982, 983 (5th Cir. 1994); § 3E1.1(b)(1). 

Shubin’s argument that 18 U.S.C. § 922(g) is

unconstitutional is foreclosed by this court’s holding in United

States v. Rawls, 85 F.3d 240, 242-43 (5th Cir. 1996).

AFFIRMED.
Exhibit 15.2  Deloitte & Touche   S.p.A.   Via Tortona, 25
20144 Milano
Italia

Tel: +39 02 83322111   Fax: +39 02 83322112   www.deloitte.it
  April 27, 2012  U.S. Securities and Exchange Commission 100 F Street, N.E. Washington, D.C. 20549 20549-7561 USA  Dear Sirs/Madams:  We have read the statements made under Item 16F Change In Registrants Certifying Accountantof Luxottica Group S.p.A.s annual report on Form 20-F dated April 27, 2012, and we agree with the statements made therein.   Yours truly,   /s/ Deloitte & Touche S.p.A.   Milan, Italy
Exhibit 32







CERTIFICATION




By signing below, each of the undersigned officers hereby certifies pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his or her knowledge, (i) this report 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 this report fairly presents, in all material respects, the financial condition and results of operations of River Valley Bancorp.




Signed this 13th day of August, 2009.







/s/ Matthew P. Forrester

/s/ Vickie L. GrimesMatthew P. Forrester

Vickie L. GrimesPresident and Chief Executive Officer

Vice President of Finance
**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 The Houston Exploration Company (the “Company”) on Form10-Q for the period ended March 31, 2006 as filed with the Securities and Exchange Commission onthe date hereof (the “Report”), I, William G. Hargett, Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Actof 2002, that: 1. The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and  2. The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.      /s/ William G. Hargett  Name:  William G. Hargett  Title:  Chairman, President and Chief Executive OfficerThe Houston Exploration Company   May 9, 2006
#### ROWE SPACARB, Inc., Plaintiff, v. COLE PRODUCTS CORPORATION, Defendant.

No. 55 C 1869.

United States District Court N. D. Illinois, E. D.

Oct. 31, 1957.

Henry L. Shenier, New York City, Marzal], Johnston, Cook & Root, Lloyd C. Root, Chicago, Ill., for plaintiff.

Threedy & Threedy, Chicago, Ill., for defendant.

ENOCH, District Judge.

This matter came on to be heard on defendant’s objections to plaintiff’s additional interrogatories 23 to 32 (inclusive), 34 and 35, on the ground that they seek information within the knowledge of plaintiff, call for expert testimony and expression of opinion.

The Court has had the benefit of argument of counsel on briefs, has consulted the authorities to which counsel refer, and is fully informed in the premises.

It appears to the Court that, to some degree, the interrogatories to which objection is made, may call for an expression of judgment or opinion, or seek information equally available to plaintiff.

However, it also appears that the interrogatories deal with the accused device, allegedly a product of defendant’s plant; impose no undue burden on defendant; *312and will clearly serve one of the basic purposes of pre-trial discovery procedure in narrowing the issues, limiting the subjects of controversy at the trial, and avoiding unnecesary testimony and time in preparation. Schwartz v. Howard Hosiery Co, D.C.Pa.1939, 27 F.Supp. 443, 444; Gagen v. Northam, Warren Corp, D.C.N.Y.1953, 15 F.R.D. 44, 46.

Defendant’s objections to plaintiff’s interrogatories are hereby overruled and defendant is directed to answer the said interrogatories within 20 days of the date hereof.
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, 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.

May 20, 2020

s 0420 

# Order

Clerk May 20, 2020

160788

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 160788

COA: 344364

Wayne CC: 17

- 001718

- AR

JOSE NINO,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appea l the November 21, 2019

judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in

lieu of granting leave to appeal, we REMAND this case to the Court of Appeals, which

shall hold this case in abeyance pending its decision in People v Haywood (Docket No.

345243). After Haywood is decided, the Court of Appeals shall determine whether that

opinion controls in this case and, if it does, reconsider this case in light of Haywood

.

We do not retain jurisdiction.
<PAGE>   1
EXHIBIT 12(b)

                   TELEX COMMUNICATIONS, INC. AND SUBSIDIARIES
                    COMPUTATION OF EBITDA TO INTEREST EXPENSE
                                 (IN THOUSANDS)


                                                            
<TABLE>
<CAPTION>
                                                       TEN MONTHS        
                                                         ENDED                  YEAR ENDED MARCH 31,
                                                      FEBRUARY 2,     --------------------------------------
                                                         1998         1997      1996       1995       1994
                                                      ------------------------------------------------------
<S>                                                   <C>         <C>         <C>        <C>        <C>       
EBITDA(1)...................................          $  17,145   $  40,045   $ 30,036   $ 25,134   $ 23,035  
Interest expense............................          $  22,729   $  12,513   $ 12,517   $ 12,490   $ 10,120
Ratio of EBITDA to interest expense.........                .75        3.20       2.40       2.01       2.28
</TABLE>

(1) Depreciation and amortization includes $2,231 and $13,345 of impairment
write-off of property, plant and equipment and intangible assets for the ten
months ended February 2, 1998 and the year ended March 31, 1996, respectively.
#### JDA SOFTWARE, INC., an Arizona corporation, Plaintiff-Appellant, v. Tom BISSETT, Defendant-Appellee.

No. 07-16091.

United States Court of Appeals, Ninth Circuit.

June 10, 2008.

See, also, 2008 WL 2402416.

Lawrence J. Rosenfeld, Michael J. Mason, Greenberg Traurig, LLP, Phoenix, AZ, for Plaintiff-Appellant.

Thomas L. Hudson, Scott W. Rodgers, John Laxson Blanchard, Sara S. Greene, Osborn Maledon, P.A., Phoenix, AZ, for Defendant-Appellee.

D.C. No. CV-07-00720-PHX-FJM.

Before: B. FLETCHER, CANBY, and RAWLINSON, Circuit Judges.

ORDER

Defendant-appellee Bissett has moved to dismiss this appeal from a preliminary injunction as moot. The motion is DENIED.

*532Bissett contends that, because the term of the non-competition agreement has expired during the pendency of this appeal, the appeal has become moot. We reject the contention for two reasons. First, JDA seeks enforcement of the agreement’s confidentiality provisions as well as its non-competition agreement. The confidentiality provisions have no fixed term. That controversy remains live.

Second, JDA seeks to enforce a provision of the non-competition agreement that extends its term for any period of time in which Bissett is found to be in violation of the covenant not to compete. The validity of that term is in dispute between the parties, and the dispute has not been addressed by the district court. On this record, we cannot say that Bissett has established that a case or controversy no longer exists over the preliminary injunction.

MOTION TO DISMISS FOR MOOTNESS DENIED.
Amended Side Letter to Investment Agreement dated February 17, 2011



 Exhibit 10.4 
 Young Energy Prize S.A. 
 Rives de Clausen, 26-28 

L-2165 Luxembourg 

February 17, 2011 
 Magellan Petroleum
Corporation 
 7 Custom House Street 

3rd Floor 
 Portland, ME 04101 

Attn: William H. Hastings, President and CEO 

Dear Bill, 
 Magellan Petroleum
Corporation (“MPC”) and Young Energy Prize S.A. (“YEP”) entered into an Investment Agreement on February 11, 2011 (the “Investment Agreement”) pursuant to which, among other things, YEP has
agreed to provide A$85,450,000 of funding (the “Acquisition Funding”) for the prospective acquisition by Magellan Petroleum Australia Limited (“MPAL”) of a forty percent ownership interest (the
“Interest”) in the Evan Shoal natural gas resource (“Evans Shoal”) which prospective acquisition is pursuant to an Asset Sale Deed dated March 25, 2010 between MPAL and Santos Offshore Pty Ltd.
(“Santos”), as amended by a Deed of Variation dated January 31, 2011 between MPAL and Santos (together the “Santos Agreement”). This letter sets forth additional agreements between MPC and YEP regarding the
Investment Agreement. 
 1. Notwithstanding anything to the contrary contained in the Investment Agreement and the Santos
Agreement, MPC, MPAL and YEP agree that YEP’s obligation to provide the Acquisition Funding pursuant to the Investment Agreement is subject to: 
 (a) The other owners of Evans Shoal having consented to the acquisition of the Interest by MPAL; and 
 (b) All other requirements and conditions for the acquisition of the Interest by MPAL set forth in the Santos Agreement having been satisfied or waived. 

2. In the event that there is a closing of the acquisition of the Interest by MPAL, YEP and MPC shall equally share the payment (or
reimbursement) of all third party out-of-pocket transaction costs (the “Costs”) associated with such acquisition incurred by each party, 







 
including those related to the financing thereof (to include Costs related to the PIPE), provided that the share of such costs to be paid by YEP shall not exceed $3,500,000. Notwithstanding the
foregoing however, in the event that there is not a closing of the acquisition of the Interest but there is a closing of the PIPE as set forth in paragraph 1 above, YEP shall not be obligated to pay any of the Costs and all Costs shall be paid by
MPC. Each of MPC and YEP shall have the right to approve all material Costs, which approval shall not be unreasonably withheld. 

3. The provisions of this letter agreement supersede any other letter agreement relating to the matters set forth herein, which other
letter agreement shall be of no further force or effect. 
 Please indicate your acceptance of the terms and conditions of this
letter by signing in the space indicated below. 
  

	
	Sincerely,
	
	/s/ Nikolay V. Bogachev
	
	Nikolay V. Bogachev
	Chairman and CEO
	Young Energy Prize S.A.


 Acknowledged and Accepted as
of the date of this letter by: 
  

			
	Magellan Petroleum Corporation
		
	By:	 	/s/ William H. Hastings
		
	Name:	 	William H. Hastings
	Title:	 	President and Chief Executive Officer
I 

112TH CONGRESS 

1ST SESSION H. R. 2896 

To designate the facility of the United States Postal Service located at 

369 Martin Luther King Jr. Drive in Jersey City, New Jersey, as 

the ‘‘Judge Shirley A. Tolentino Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 12, 2011 

Mr. PAYNE introduced the following bill; which was referred to the Committee 

on Oversight and Government Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 369 Martin Luther King Jr. Drive in Jersey 

City, New Jersey, as the ‘‘Judge Shirley A. Tolentino 

Post Office Building’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. JUDGE SHIRLEY A. TOLENTINO POST OFFICE 

4 BUILDING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 369 Martin Luther King Jr. 

7 Drive in Jersey City, New Jersey, shall be known and desVerDate Mar 15 2010 20:46 Sep 14, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2896.IH H2896

emcdonald on DSK5VPTVN1PROD with BILLS
2 

•HR 2896 IH

1 ignated as the ‘‘Judge Shirley A. Tolentino Post Office 

2 Building’’. 

3 (b) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United 

5 States to the facility referred to in subsection (a) shall 

6 be deemed to be a reference to the ‘‘Judge Shirley A. 

7 Tolentino Post Office Building’’. 

Æ 


emcdonald on DSK5VPTVN1PROD with BILLS
Exhibit 32.2

      STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY
                     ACT OF 2002, 18 U.S.C. SECTION 1350

The undersigned, Deborah A. McLaughlin, is the Chief Financial Officer and
Chief Operating Officer of Slade's Ferry Bancorp. (the "Company"). This
statement is being furnished in connection with the filing by the Company
of the Company's Annual Report on Form 10-K/A for the fiscal year ended
December 31, 2004 (the "Report").

By execution of this statement, I certify that:

      1)    The Report fully complies with the requirements of Section
            13(a) or 15(d) of the Securities Exchange Act of 1934 (15
            U.S.C. 78m(a) or 78o(d)); and

      2)    The information contained in the Report fairly presents, in all
            material respects, the financial condition and results of
            operations of the Company as of the dates and for the periods
            covered by the Report.

This statement is authorized to be attached as an exhibit to the Report so
that this statement will accompany the Report at such time as the Report is
filed with the Securities and Exchange Commission, pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350. It is not
intended that this statement be deemed to be filed for purposes of the
Securities Exchange Act of 1934, as amended.

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.


May 12, 2005                      /s/ Deborah A. McLaughlin
-------------------               -----------------------------------------
(Date)                            (Signature)         Deborah A. McLaughlin
                                                   Chief Financial Officer/
                                                   Chief Operations Officer


<PAGE>
V 

112TH CONGRESS 

1ST SESSION H. R. 2843 

For the relief of Monica Elizondo. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 6, 2011 

Mr. GONZALEZ introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

For the relief of Monica Elizondo. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PERMANENT RESIDENT STATUS FOR MONICA 

4 ELIZONDO. 

5 (a) IN GENERAL.—Notwithstanding subsections (a) 

6 and (b) of section 201 of the Immigration and Nationality 

7 Act, Monica Elizondo shall be eligible for issuance of an 

8 immigrant visa or for adjustment of status to that of an 

9 alien lawfully admitted for permanent residence upon fil10 ing an application for issuance of an immigrant visa under 

11 section 204 of such Act or for adjustment of status to 

12 lawful permanent resident. 


emcdonald on DSK5VPTVN1PROD with BILLS
2 

•HR 2843 IH

1 (b) ADJUSTMENT OF STATUS.—If Monica Elizondo 

2 enters the United States before the filing deadline speci3 fied in subsection (c), she shall be considered to have en4 tered and remained lawfully and shall, if otherwise eligible, 

5 be eligible for adjustment of status under section 245 of 

6 the Immigration and Nationality Act as of the date of the 

7 enactment of this Act. 

8 (c) DEADLINE FOR APPLICATION AND PAYMENT OF

9 FEES.—Subsections (a) and (b) shall apply only if the ap10 plication for issuance of an immigrant visa or the applica11 tion for adjustment of status is filed with appropriate fees 

12 within 2 years after the date of the enactment of this Act. 

13 (d) REDUCTION OF IMMIGRANT VISA NUMBER.— 

14 Upon the granting of an immigrant visa or permanent res15 idence to Monica Elizondo, the Secretary of State shall 

16 instruct the proper officer to reduce by 1, during the cur17 rent or next following fiscal year, the total number of im18 migrant visas that are made available to natives of the 

19 country of the alien’s birth under section 203(a) of the 

20 Immigration and Nationality Act or, if applicable, the 

21 total number of immigrant visas that are made available 

22 to natives of the country of the alien’s birth under section 

23 202(e) of such Act. 

24 (e) DENIAL OF PREFERENTIAL IMMIGRATION

25 TREATMENT FOR CERTAIN RELATIVES.—The natural 


emcdonald on DSK5VPTVN1PROD with BILLS
3 

•HR 2843 IH

1 parents, brothers, and sisters of Monica Elizondo shall 

2 not, by virtue of such relationship, be accorded any right, 

3 privilege, or status under the Immigration and Nationality 

4 Act. 

Æ 


emcdonald on DSK5VPTVN1PROD with BILLS
Exhibit 10.2**Compensation Table for Executive Officers**Thefollowing table summarizes annual compensation for all executive officers effective as ofOctober 1, 2005. Each executive officer is entitled to an annual cash bonus targeted at a percentof his or her annual base salary. Payment of the bonus is based on achievement of performance goalsestablished each year by our Compensation and Management Development Committee. In addition, eachexecutive officer is entitled to incentive compensation in the form of restricted stock awardsand/or stock options. The below listed grants were made at $54.18 per share on October 25, 2005.                   **Annual Compensation** **Incentive Compensation**          **Restricted** **Securities**  **Base** **Cash** **Stock** **Underlying****Name and Principal Position** **Salary($)** **Bonus %** **Awards (#)** **Options(#)** William G. Hargett $525,000   85%  17,000   38,000 Chairman, President and Chief Executive Officer                                 Steven L. Mueller $350,000   65%  6,000   13,000 Executive Vice President and Chief Operating Officer                                 John H. Karnes $310,000   55%  5,000   11,000 Senior Vice President and Chief Financial Officer                                 Jeffery B. Sherrick $289,000   55%  4,000   9,000 Senior Vice President – Corporate Development                                 Roger B. Rice $252,000   55%  3,000   7,000 Senior Vice President – Administration                                 James F. Westmoreland $256,000   55%  2,000   4,000 Vice President and Chief Accounting Officer                                 John E. Bergeron $226,000   55%  2,000   5,000 Vice President and General Manager — Offshore Division                                 Joanne C. Hresko $226,000   55%  2,000   5,000 Vice President and General Manager — Onshore Division
<PAGE>   1
 
                                                                    EXHIBIT 23.1
 
   
                         INDEPENDENT AUDITORS' CONSENT
    
 
                             AVANIR PHARMACEUTICALS
 
   
     We consent to the incorporation by reference in Registration Statement No.
33-49082 on Form S-1; Registration Statement No. 33-71276 on Form S-8;
Registration Statement No. 33-94370 on Form S-8; Registration Statement No.
33-76094; on Form S-3, Registration Statement No. 33-64983 on Form S-3 and
Registration Statement No. 333-24549 on Form S-3 of AVANIR Pharmaceuticals,
formerly LIDAK Pharmaceuticals (a development stage enterprise) of our report
dated December 24, 1998 (which report expresses an unqualified opinion and
includes explanatory paragraphs relating to the status of the Company as a
development stage enterprise, the Company's ability to continue as a going
concern, and the Company as a defendant in certain lawsuits), appearing in this
Annual Report on Form 10-K/A of AVANIR Pharmaceuticals for the fiscal year ended
September 30, 1998.
    
 
DELOITTE & TOUCHE LLP
 
San Diego, California
   
January 29, 1999