alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 12
 Fiscal Year Ended
    
    
    Six Months Ended
    
    
    Years EndedJune 30,
    
    
    December 31,
    
    
    December 31,2004
    
    
    2005
    
    
    2004
    
    
    2005
    
    
    2006
    
    
    2007
    
    
    2008EARNINGS:Income (loss) before income
tax expense
    
    $
    57,057
    
    
    $
    89,425
    
    
    $
    29,944
    
    
    $
    81,617
    
    
    $
    (72,722
    )
    
    $
    118,980
    
    
    $
    42,406Add: Fixed charges
    
    
    12,310
    
    
    
    12,092
    
    
    
    5,951
    
    
    
    6,084
    
    
    
    12,133
    
    
    
    11,839
    
    
    
    9,546Earnings as defined
    
    $
    69,367
    
    
    $
    101,517
    
    
    $
    35,895
    
    
    $
    87,701
    
    
    $
    (60,589
    )
    
    $
    130,819
    
    
    $
    51,952FIXED CHARGES:Interest expense
    
    $
    8,663
    
    
    $
    8,488
    
    
    $
    4,244
    
    
    $
    4,253
    
    
    $
    8,488
    
    
    $
    8,495
    
    
    $
    6,008Amortization of deferred
financing fees
    
    
    2,145
    
    
    
    2,152
    
    
    
    1,080
    
    
    
    1,080
    
    
    
    2,152
    
    
    
    1,523
    
    
    
    666Interest expense as reported
    
    
    10,808
    
    
    
    10,640
    
    
    
    5,324
    
    
    
    5,333
    
    
    
    10,640
    
    
    
    10,018
    
    
    
    6,674Portion of rent
expense as interest
    
    
    1,502
    
    
    
    1,452
    
    
    
    627
    
    
    
    751
    
    
    
    1,493
    
    
    
    1,821
    
    
    
    2,872Fixed charges as defined
    
    $
    12,310
    
    
    $
    12,092
    
    
    $
    5,951
    
    
    $
    6,084
    
    
    $
    12,133
    
    
    $
    11,839
    
    
    $
    9,546Ratio of earnings to fixed charges
    
    
    5.6x
    
    
    
    8.4x
    
    
    
    6.0x
    
    
    
    14.4x
    
    
    
    (5.0)x
    
    
    
    11.1x
    
    
    
    5.4x
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-7276

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JUAN JOSE VALLADARES-HELGUERA,

Defendant - Appellant.

Appeal from the United States District Court for the Western 

District of North Carolina, at Charlotte. Max O. Cogburn, Jr., 

District Judge. (3:00-cr-00130-MOC-3)

Submitted: December 20, 2012 Decided: December 26, 2012

Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Juan Jose Valladares-Helguera, Appellant Pro Se. Amy Elizabeth 

Ray, Assistant United States Attorney, Asheville, North 

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Juan Jose Valladares-Helguera appeals the district 

court’s order denying relief on his motion for reduction of 

sentence, 18 U.S.C. § 3582(c) (2006). We have reviewed the 

record and find no reversible error. Accordingly, we affirm for 

the reasons stated by the district court. See United States v. 

Valladares-Helguera, No. 3:00-cr-00130-MOC-3 (W.D.N.C. July 24, 

2012). 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
exv10wjj






Exhibit 10(jj)




Effective
January 1, 2011




CHIEF EXECUTIVE OFFICER




MAJOR MEDICAL & DENTAL BENEFITS




Benefits include all medical, dental and vision expenses covered under (i) the PCS U.S. Flexible
Benefits Plan (the “Plan”) and (ii) a company-provided fully-insured “wrap around” policy that
reimburses the chief executive officer for certain out-of-pocket expenses that exceed the
reimbursed costs under the Plan.




	 	 	 

	Individual Deductible Amount

	 	 $250
	Family Deductible Amount

	 	 $500
	Annual Out of Pocket Maximum

	 	$1,250 individual
	 

	 	$2,500 family
	 
	 	 
	Percentage Reimbursements

	 	 90%
	Office Visits
	 	 
	          Primary Doctor

	 	$15 Copay
	          Specialist

	 	$15 Copay
	Emergency Room

	 	$150 Copay
	Urgent Care

	 	$50 Copay
	 
	 	 
	MEDICAL
	 	 
	 
	 	 
	Maximum Aggregate per Individual

	 	None
	Maximum Medical Travel Amount (per Individual)

	 	None
	Preventive & Wellness

	 	 100%
	 
	 	 
	DENTAL
	 	 
	 
	 	 
	Maximum Dental Amount per Individual

	 	$8,000 per calendar year
	 
	 	 
	OTHER SPECIFIC LIMITS & MAXIMUMS ARE LISTED BELOW:
	 	 
	 
	 	 
	STANDARD COVERED EXPENSES
	 	 
	Maximum Nursing Services Amount

	 	Subject to medical necessity
	 
	 	 
	HOSPITAL COVERED EXPENSES
	 	 
	Hospital Daily Amount (private room)

	 	90% after deductible
	 
	 	 
	PRESCRIPTION DRUG COVERED EXPENSES

	 	$10/$20 copay
	 
	 	 
	PARAMEDICAL COVERED EXPENSES
	 	 
	 
	 	 
	Chiropractic Services

	 	Subject to medical necessity
	Physiotherapist Services

	 	Subject to medical necessity
	Acupuncturist Services

	 	Only when used for anesthesia
	Podiatrist Services

	 	Subject to medical necessity
	Speech Therapist Services

	 	Subject to medical necessity
	 
	 	 
	EXTRACARE COVERED EXPENSES
	 	 
	Convalescent Hospital Daily Amount

	 	90% after deductible
	Maximum Number of Days of Convalescent Hospital Confinement

	 	Subject to medical necessity
	Maximum Visits to Psychologist or Social Worker

	 	Subject to medical necessity
	Maximum Eye Examination Amount

	 	Reasonable and customary
	 

	 	Once every 12 months
	Eyeglass, Frame or Contact Lens Amount

	 	$1,000 per 24 consecutive months
CERTIFICATE OF AMENDMENT OF
CERTIFICATE OF INCORPORATION OF
CNET, INC.

        CNET, Inc., a corporation organized and existing under the 
Delaware General Corporation Law (the "Corporation"),

        DOES HEREBY CERTIFY:

        FIRST: that the Board of Directors of the Corporation at a special 
meeting of the Board of Directors called for such purpose, duly adopted 
resolutions by unanimous vote setting forth a proposed amendment to the 
Certificate of Incorporation of said corporation, declaring said 
amendment to be advisable, and directing that said amendment be 
submitted to the stockholders of said corporation for their 
consideration.  The resolution setting forth the proposed amendment is 
as follows:

        RESOLVED, that the Board of Directors of the Corporation 
hereby adopts, approves, and declares advisable a proposal to 
amend the Certificate of Incorporation of the Corporation, which 
proposed amendment would strike in its entirety paragraph (A) of 
Article IV of the Certificate of Incorporation of the Corporation 
and insert in its place a new paragraph (A) of Article IV, as 
follows:

"The total number of shares of capital stock that the Corporation 
shall have the authority to issue is Fifty Five Million 
(55,000,000), consisting of (a) Fifty Million (50,000,000) shares 
of Common Stock, $.0001 par value per share, and (b) Five Million 
(5,000,000) shares of Preferred Stock, $.01 par value per share."

        SECOND: that thereafter, stockholders of said corporation, which 
hold the necessary number of shares as required by statute, duly adopted 
and approved said amendment at the annual meeting of the stockholders of 
the Company pursuant to Section 222 of the Delaware General Corporation 
Law.

        THIRD: that said amendment was duly adopted in accordance with the 
provisions of Section 242 of the Delaware General Corporation Law.

        IN WITNESS WHEREOF, the Board of Directors of the Company has 
caused this Certificate of Amendment to be signed by David Overmyer, its 
Vice President, as of June 3, 1998.

                                                        CNET, INC.,
                                                        a Delaware corporation


                                                  By:     /s/ David Overmyer
                                                            David Overmyer,
                                                            Vice President
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AS OF APRIL 30, 2000 AND JANUARY 31, 2000, THE
CONSOLIDATED STATEMENTS OF OPERATIONS FOR THE THREE MONTHS ENDED APRIL 30, 2000
AND 1999, AND THE CONSOLIDATED STATEMENTS OF CASH FLOWS FOR THE THREE MONTHS
ENDED APRIL 30, 2000 AND 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             FEB-01-2000
<PERIOD-END>                               APR-30-2000
<CASH>                                          14,647
<SECURITIES>                                       177
<RECEIVABLES>                                    8,525
<ALLOWANCES>                                   (1,095)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                23,583
<PP&E>                                           8,642
<DEPRECIATION>                                 (2,266)
<TOTAL-ASSETS>                                  31,395
<CURRENT-LIABILITIES>                            5,798
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           149
<OTHER-SE>                                      12,470
<TOTAL-LIABILITY-AND-EQUITY>                    31,395
<SALES>                                              0
<TOTAL-REVENUES>                                 6,929
<CGS>                                                0
<TOTAL-COSTS>                                    6,336
<OTHER-EXPENSES>                                 4,711
<LOSS-PROVISION>                                   458
<INTEREST-EXPENSE>                               (599)
<INCOME-PRETAX>                                (3,518)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (3,518)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,518)
<EPS-BASIC>                                      (.24)
<EPS-DILUTED>                                    (.24)


</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 19-1660

THOMASINA COFIELD GEAN,

Plaintiff - Appellant,

v.

CHARLOTTE MECKLENBURG BOARD OF EDUCATION; CLASSROOM 

TEACHERS ASSOCIATION; HUNTINGTOWNE FARMS ELEMENTARY 

SCHOOLS; EEOC,

Defendants - Appellees.

No. 19-1661

THOMASINA COFIELD GEAN,

Plaintiff - Appellant,

v.

CHARLOTTE MECKLENBURG BOARD OF EDUCATION; HUNTINGTOWNE 

FARMS ELEMENTARY SCHOOLS; CLASSROOM TEACHERS 

ASSOCIATION; EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Defendants - Appellees.

Appeals from the United States District Court for the Western District of North Carolina, 

at Charlotte. Robert J. Conrad, Jr., District Judge. (3:18-cv-00437-RJC-DCK; 3:18-cv00637-RJC-DCK)
2

Submitted: November 19, 2019 Decided: November 21, 2019

Before WILKINSON and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit 

Judge.

Dismissed by unpublished per curiam opinion.

Thomasina Cofield Gean, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
3

PER CURIAM:

In these consolidated appeals, Thomasina Cofield Gean seeks to appeal the 

magistrate judge’s memorandum and recommendation filed in both of her civil actions. 

This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and 

certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); 

Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The filings Gean 

seeks to appeal are neither final orders nor appealable interlocutory or collateral orders.

*

 

Accordingly, we dismiss these appeals for lack of jurisdiction. 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

 * Although the district court subsequently adopted the magistrate judge’s 

recommendations and dismissed Gean’s complaints before we considered these appeals, 

the doctrine of cumulative finality does not cure the jurisdictional defects. See Houck v. 

Substitute Tr. Servs., Inc., 791 F.3d 473, 479 (4th Cir. 2015) (“The doctrine [of cumulative 

finality] applies . . . only when the appellant appeals from an order that the district court 

could have certified for immediate appeal under [Fed. R. Civ. P.] 54(b).”); In re Bryson, 

406 F.3d 284, 288 (4th Cir. 2005) (noting that “a premature notice of appeal from a clearly 

interlocutory decision” cannot “serve as a notice of appeal from the final judgment” 

(internal quotation marks omitted)).
<TABLE> <S> <C>

<ARTICLE>                                          5
<LEGEND>
THIS SCHEDULE  CONTAINS SUMMARY FINANCIAL  INFORMATION  EXTRACTED FROM CONDENSED
CONSOLIDATED BALANCE SHEET - UNAUDITED AND CONDENSED  CONSOLIDATED  STATEMENT OF
INCOME  AND  IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO  SUCH  CONDENSED
CONSOLIDATED FINANCIAL STATEMENTS
</LEGEND>
<CIK>        0000859360
<NAME>       LEGATO SYSTEMS, INC.
<MULTIPLIER> 1000

<S>                                                    <C>
<PERIOD-TYPE>                                                YEAR
<FISCAL-YEAR-END>                                      DEC-31-1997
<PERIOD-START>                                         JAN-01-1997
<PERIOD-END>                                           DEC-31-1997
<CASH>                                                      34,763
<SECURITIES>                                                36,646
<RECEIVABLES>                                               21,908
<ALLOWANCES>                                                  (799)
<INVENTORY>                                                      0
<CURRENT-ASSETS>                                            91,076
<PP&E>                                                      15,790
<DEPRECIATION>                                             (5,393)
<TOTAL-ASSETS>                                             113,765
<CURRENT-LIABILITIES>                                       20,205
<BONDS>                                                          0
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      0
<COMMON>                                                         2
<OTHER-SE>                                                  92,792
<TOTAL-LIABILITY-AND-EQUITY>                               113,765
<SALES>                                                          0
<TOTAL-REVENUES>                                            81,834
<CGS>                                                        9,159
<TOTAL-COSTS>                                               59,144
<OTHER-EXPENSES>                                                 0
<LOSS-PROVISION>                                                 0
<INTEREST-EXPENSE>                                               0
<INCOME-PRETAX>                                             24,854
<INCOME-TAX>                                                 9,196
<INCOME-CONTINUING>                                              0
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                                  0
<CHANGES>                                                        0
<NET-INCOME>                                                15,658
<EPS-PRIMARY>                                                 0.90
<EPS-DILUTED>                                                 0.83



</TABLE>
<PAGE>

                                                                    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 Annual Report of Delphi Financial Group, Inc. (the
"Company") on Form 10-K for the year ending December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned officers of the Company certify, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 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/ ROBERT ROSENKRANZ
-------------------------------------
Robert Rosenkranz
Chairman of the Board, President and
Chief Executive Officer


/s/ THOMAS W. BURGHART
-------------------------------------
Thomas W. Burghart
Vice President and Treasurer

March 15, 2006
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

DANIEL E. FELIX, 

Petitioner-Appellant,

v.  No. 02-6270

RONALD ANGELONE, Director,

Virginia Department of Corrections,

Respondent-Appellee. 

Appeal from the United States District Court

for the Eastern District of Virginia, at Alexandria.

T. S. Ellis, III, District Judge.

(CA-02-46-AM)

Submitted: February 13, 2003

Decided: March 6, 2003

Before WILKINS, Chief Judge, and MOTZ and

GREGORY, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion. 

COUNSEL

Daniel E. Felix, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 
OPINION

PER CURIAM: 

Daniel E. Felix seeks to appeal the district court’s order denying

relief on his petition filed under 28 U.S.C. § 2254 (2000). For the reasons set forth below, we vacate and remand for further proceedings.

The district court, acting sua sponte, determined from the face of

Felix’s petition that his claims were barred by the one-year limitations

period set forth in 28 U.S.C. § 2244(d) (2000), and dismissed the

action without giving Felix notice or an opportunity to respond. The

district court did not have the benefit of our recent decision in Hill v.

Braxton, 277 F.3d 701 (4th Cir. 2002). After Hill, the district court

is required to provide such notice and opportunity to respond "unless

it is indisputably clear from the materials presented to the district

court that the petition is untimely and cannot be salvaged by equitable

tolling principles or any of the circumstances enumerated in

§ 2244(d)(1)." Id. at 707. 

Because it is not "indisputably clear" that Felix cannot salvage his

petition, we grant his motion for a certificate of appealability, vacate

the district court’s order, and remand to the district court to provide

Felix with the notice and opportunity to respond to which he is now

entitled pursuant to Hill. We deny Felix’s motion for appointment of

counsel and motion to amend petition and for emergency relief. We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and argument would not aid the decisional process. 

VACATED AND REMANDED

2 FELIX v. ANGELONE
<PAGE>   1

                                                                    EXHIBIT 23.1

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement Nos.
33-63500 and 333-16547 on Form S-8 and in Registration Statement Nos. 333-80384,
333-21493 and 333-62929 on Form S-3 of I-Flow Corporation of our report dated
March 29, 2000, appearing in this Annual Report on Form 10-K of I-Flow
Corporation for the year ended December 31, 1999.

DELOITTE & TOUCHE LLP

Costa Mesa, California
March 30, 2000
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 302 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 302

  To provide for State approval of national monuments, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 18, 2011

Ms. Foxx (for herself, Mrs. McMorris Rodgers, Mr. Herger, Mr. Garrett, 
 Mr. Franks of Arizona, Mr. Rohrabacher, Mr. Broun of Georgia, Mr. Poe 
  of Texas, and Mr. Pearce) introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To provide for State approval of national monuments, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserve Land Freedom For Americans 
Act of 2011''.

SEC. 2. DESIGNATION OF NATIONAL MONUMENTS.

    The Act of June 8, 1906 (16 U.S.C. 431 et seq.) is amended--
            (1) in section 2 (16 U.S.C. 431), by striking ``sec. 2. 
        That the'' and inserting the following:

``SEC. 2. DESIGNATION OF NATIONAL MONUMENTS.

    ``After obtaining approval from the Governor and the legislature of 
each State within the boundaries of which the proposed national 
monument would be located, the''; and
            (2) by adding at the end the following:

``SEC. 5. RESTRICTIONS ON PUBLIC USE.

    ``The Secretary of the Interior shall not implement any 
restrictions on the public use of a national monument until the 
expiration of an appropriate review period (as determined by the 
Secretary of the Interior) providing for public input and State 
approval under section 2.''.
                                 <all>
```
##### 



EXHIBIT 21.1
SUBSIDIARIES
 PercentageSubsidiary
    
    Incorporated In
    
    OwnedMedicis, The Dermatology Company®
    
    Delaware
    
    100%Dermavest, Inc.
    
    Nevada
    
    100%Medicis Global Services Corporation
    
    Delaware
    
    100%Medicis Canada Ltd.
    
    Canada
    
    100%Ucyclyd Pharma, Inc.
    
    Maryland
    
    100%Medicis Pediatrics, Inc.
    
    Delaware
    
    100%Medicis Aesthetics Inc.
    
    Delaware
    
    100%Dermavest Swedish Holdings AB
    
    Sweden
    
    100%HA North American Sales AB
    
    Sweden
    
    100%Medicis Aesthetics Canada Ltd.
    
    Canada
    
    100%9 TV LLC
    
    Delaware
    
    100%RTI Acquisition Corporation
    
    Delaware
    
    100%