alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Electronically Filed Supreme Court SCPW-15-0000697 28-SEP-2015 03:37 PM

SCPW-15-0000697 IN THE SUPREME COURT OF THE STATE OF HAWAI ' I

STATE OF HAWAI ' I, Petitioner,

vs. THE HONORABLE GLENN S. HARA, Judge of the Circuit Court of the Third Circuit, State of Hawai ' i, Respondent Judge, and XAVIER J. CORTEZ, JR. aka PEE WEE, Respondent.

ORIGINAL PROCEEDING (CR. NO. 15-1-0043) ORDER DENYING PETITION FOR WRIT OF PROHIBITION OR, IN THE ALTERNATIVE, FOR AN ORDER STAYING PROCEEDINGS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, J.J.) Upon consideration of petitioner State of Hawai ' i’s petition for a writ of prohibition or, in the alternative, for an order staying proceedings, filed on September 24, 2015, the documents attached thereto and submitted in support thereof, and the record, it appears that an appeal from the circuit court’s pretrial orders issued in the underlying criminal proceeding is pending in the Intermediate Court of Appeals (CAAP-15-0000481) and petitioner fails to demonstrate that extraordinary relief iswarranted from this court. See Gannett Pac. Corp. v. Richardson , 59 Haw. 224, 226, 580 P.2d 49, 53 (1978) (a writ of prohibition is not meant to serve as a legal remedy in lieu of normal appellate procedures; rather, it is available in “rare and exigent circumstances” where “allow[ing] the matter to wend its way through the appellate process would not be in the public interest and would work upon the public irreparable harm”); HRAP Rule 8(c). Accordingly, IT IS HEREBY ORDERED that the petition for a writ of prohibition is denied. DATED: Honolulu, Hawai ' i, September 28, 2015. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson

2
<TABLE> <S> <C>

<ARTICLE>                                                  5
<LEGEND>
This  schedule  contains  summary  financial   information  extracted  from  the
Company's Form 10-KSB for the year ended  September 30, 1996 and is qualified in
its entirety by reference to such Financial Statements and Notes, thereto.
</LEGEND>
       
<S>                                   <C>
<PERIOD-TYPE>                         12-MOS
<FISCAL-YEAR-END>                                           SEP-30-1996
<PERIOD-START>                                              OCT-01-1995
<PERIOD-END>                                                SEP-30-1996
<CASH>                                                        2,113,556
<SECURITIES>                                                  1,310,325
<RECEIVABLES>                                                 4,249,990
<ALLOWANCES>                                                     89,900
<INVENTORY>                                                           0
<CURRENT-ASSETS>                                              7,713,948
<PP&E>                                                          938,819
<DEPRECIATION>                                                  240,927
<TOTAL-ASSETS>                                                9,613,173
<CURRENT-LIABILITIES>                                         2,183,628
<BONDS>                                                               0
<PREFERRED-MANDATORY>                                                 0
<PREFERRED>                                                           0
<COMMON>                                                          5,139
<OTHER-SE>                                                    7,060,211
<TOTAL-LIABILITY-AND-EQUITY>                                  9,613,173
<SALES>                                                      17,165,836
<TOTAL-REVENUES>                                             17,165,836
<CGS>                                                        12,762,977
<TOTAL-COSTS>                                                16,656,523
<OTHER-EXPENSES>                                                      0
<LOSS-PROVISION>                                                      0
<INTEREST-EXPENSE>                                               49,215
<INCOME-PRETAX>                                                 729,526
<INCOME-TAX>                                                     19,200
<INCOME-CONTINUING>                                             509,313
<DISCONTINUED>                                                        0
<EXTRAORDINARY>                                                       0
<CHANGES>                                                             0
<NET-INCOME>                                                    710,326
<EPS-PRIMARY>                                                       .14
<EPS-DILUTED>                                                       .13
        

</TABLE>
Exhibit 31.1








Certification Under Section 302 of the Sarbanes-Oxley Act of 2002








I, Paul Feller, Chief Executive Officer of ProElite, Inc. (the “Registrant”), certify that:





1. I have reviewed this quarterly report on Form 10-Q of ProElite, 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)) for the Registrant and have:





(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) 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; and





(c) 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; and





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 the Registrant’s board of directors (or persons performing the equivalent functions):





(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 18, 2011





/s/ Paul FellerPaul Feller

Chief Executive Officer

(Principal Executive Officer)
<PAGE>   1




                                  EXHIBIT 24.1


                               POWER OF ATTORNEY


     KNOW ALL MEN BY THESE PRESENTS, that each person whose signature appears
below constitutes and appoints Brent L. Motchan his true and lawful
attorney-in-fact, with full power of substitution and revocation, for him and
in his name, place and stead, in any and all capacities (including his capacity
as an officer of Zeigler Coal Holding Company), to sign the Annual Report on
Form 10-K for the fiscal year ended December 31, 1996, and all amendments
thereto, and to file the same with all exhibits thereto, and other documents in
connection therewith, with the Securities and Exchange Commission, granting
unto such attorney-in-fact and agent, full power and authority to do and
perform each and every act and thing requisite and necessary to be done, as
fully to all intents and purposes as such person might or could do in person,
hereby ratifying and confirming all that said attorneys-in-fact and agent, or
his substitute or substitutes, may lawfully do or cause to be done by virtue
hereof.

     Pursuant to the requirements of the Securities Exchange Act of 1934, this
Power of Attorney has been signed on March 31, 1997 by the following persons in
the capacities indicated.



           Signature                              Capacity
           ---------                              --------


      /s/ Michael K. Reilly           Chairman of the Board and Director
--------------------------------
       Michael K. Reilly

      /s/ Chand B. Vyas               Chief Executive Officer, President and
--------------------------------      Director (Principal Executive Officer)
       Chand B. Vyas

      /s/ Roland E. Casati                         Director
--------------------------------
       Roland E. Casati

      /s/ Robert W. Ericson                        Director
--------------------------------
       Robert W. Ericson

      /s/ John F. Manley                           Director
--------------------------------
       John F. Manley
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
 
 I, Scott Scherr, Chief Executive Officer of The Ultimate Software Group, Inc., hereby certify to the best of my knowledge and belief that this Quarterly Report on Form 10-Q 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 that the information contained in this Quarterly Report on Form 10-Q fairly represents, in all material respects, the financial condition and results of operations of The Ultimate Software Group, Inc.
 
 
 
 /s/ Scott ScherrScott ScherrChief Executive OfficerAugust 9, 2010
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
UNAUDITED CONDENSED  CONSOLIDATED FINANCIAL STATEMENTS WHICH ARE INCLUDED IN THE
REGISTRANT'S  FORM 10-Q FOR THE PERIOD  ENDED  9/30/99 AND IS  QUALIFIED  IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                         0001016439
<NAME>                        Intelligroup, Inc.
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 Jul-01-1999
<PERIOD-END>                                   SEP-30-1999
<EXCHANGE-RATE>                                1
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        48,350
<TOTAL-REVENUES>                               48,350
<CGS>                                          30,630
<TOTAL-COSTS>                                  45,666
<OTHER-EXPENSES>                               (64)
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             241
<INCOME-PRETAX>                                2,507
<INCOME-TAX>                                   802
<INCOME-CONTINUING>                            1,705
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   1,705
<EPS-BASIC>                                  .11 <F1>
<EPS-DILUTED>                                  .11 <F2>
<FN>
<F1>      This amount represents Basic Earnings per Share in accordance with the
          requirements of Statement of Financial  Accounting Standards No. 128 -
          "Earnings per Share".

<F2>      This amount  represents  Diluted Earnings per Share in accordance with
          the  requirements of Statement of Financial  Accounting  Standards No.
          128 - "Earnings per Share".
</FN>


</TABLE>
Exhibit 23.2

                         CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-82959) of Vizacom, Inc. (the "Company") pertaining to the Company's
1994 Long Term Incentive Plan, the Company's Registration Statement (Form S-8
No. 333-82951) pertaining to the Company's Outside Director and Advisor Stock
Option Plan, the Company's Registration Statement (Form S-3 No. 333-55677)
pertaining to the Company's Common Stock and options to purchase the Company's
Common Stock, the Company's Registration Statement (Form S-3 No. 333-80181
pertaining to the Company's Common Stock and warrants to purchase the Company's
Common Stock, the Company's Registration Statement (Form S-3 No. 333-93087)
pertaining to the Company's Common Stock, the Company's Registration Statement
(Form S-3 No. 333-34950) pertaining to the Company's Common Stock, the Company's
Registration Statement (Form S-3 No. 333-47148) pertaining to the Company's
Common Stock, and the Company's Registration Statement (Form S-8 No. 333-46994)
pertaining to the Company's 2000 Equity Incentive Plan, of the Report dated
March 27, 2001, of Ernst & Young with respect to the financial statements of
Serif (Europe) Limited, included in the Company's Annual Report on Form 10-KSB
for the year ended December 31, 2001, filed with the Securities and Exchange
Commission.


                                                           /s/ Ernst & Young LLP
                                                           ERNST & YOUNG LLP

Nottingham, England
April 16, 2002
EXHIBIT 23

                          CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent public accountants, we hereby consent to the incorporation of our
reports  dated  November 7, 2000,  included in this Form 10-K into the Company's
previously filed  Registration  Statements Nos.  33-64622,  33-64624,  33-76764,
333-79451,  333-79455 and 333-92665 on Form S-8 and Nos. 333-56775 and 333-79653
on Form S-3.


                                    /s/ ARTHUR ANDERSEN LLP

Portland, Oregon,
   December 22, 2000
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

RAYMOND A. NOON, JR.,

Petitioner

v.

SOMERSET COUNTY COMMON PLEAS COURT,

Respondent :

:

:

:

:

:

:

:

:

:

:

: No. 78 WM 2016

ORDER

PER CURIAM

AND NOW , this 11th day of August, 2016, the Application for L eave to File

Original Process is GRANTED , and the Petition for Writ of Mandamus is DENIED

.
CIRCUIT COURT OF LOUDOUN COUNTY

#### Commonwealth of Virginia v. Spence

April 10, 1995

Case No. (Criminal) 9471

By Judge Thomas D. Horne

The Court has considered the evidence presented as well as the written memoranda submitted by counsel. Counsel for the Defendant contends that certain evidence should be excluded from the trial of this case based upon alleged violations of her Fourth and Fifth Amendment rights. Based upon a consideration of such evidence, the Court is of the opinion that the motion of the Defendant to suppress such evidence should be denied.

Acting upon information furnished by law enforcement authorities in Los Angeles, plain clothes officers of the Dulles Airport Drug Enforcement Administration Task Force boarded an airplane bound for New York. They did so for the express purpose of requesting the permission of the Defendant to open certain pieces of luggage which she had checked for the flight. At the time they boarded the flight, the officers did not have probable cause to either search the luggage or seize the Defendant for any drug-related offenses.

After approaching the Defendant at a window seat on the aircraft, one of the officers displayed his official credentials identifying him as a member of the Task Force. Ms. Spence, although nervous, readily agreed to a search of the bags. She claimed no knowledge or ownership of the contents.

In determining whether Ms. Spence was seized for purposes of the application of the exclusionary rule, the Court must consider whether, judged by an objective standard, the conduct of the officers conveyed to the Defendant that her compliance to their request was compelled. *Florida*
      *213v. Bostick, 501 U.S. 429 (1991). The standard to be applied is that of a reasonable innocent person.

The officers did nothing, other than to identify themselves, which would have suggested to an innocent person that she would be required to submit to a search of her luggage. There is nothing about the interior of this aircraft, other than die limited space within the passenger compartment, from which one might infer such power of suggestion. In this case, any limitation on movement does not implicate induced compliance to the demands of law enforcement.

Having found that the consent to search was freely and voluntarily given, the Court need not consider the issues of standing or of the need for a warrant, which are raised by the Defendant in her papers.

Subsequent to her arrest, the Court finds that the Defendant was prop* erly advised of her *Miranda*rights on the mobile lounge from the aircraft, and any subsequent statements were freely and voluntarily given to the arresting officers. Accordingly, the motion, insofar as it challenges the admission of such statements, is denied.
<PAGE>   1

                           National Processing, Inc.
           Exhibit 11-Statement Re: Computation of Per Share Earnings
                     (In thousands, expect per share data)
<TABLE>
<CAPTION>
                                        Three Months Ended  Six Months Ended
                                             June 30             June 30
                                         1997      1996      1997      1996
                                        -------   -------   -------   -------
<S>                                     <C>       <C>       <C>       <C>    
PRIMARY
-------
Average shares outstanding               50,575    43,100    50,575    43,100

Net effect of dilutive stock options-
based on the treasury stock method
using average market price                    5         0         3         0

Total                                    50,580    43,100    50,578    43,100
                                        =======   =======   =======   =======
Net income                              $ 7,157   $ 7,352   $ 7,527   $13,211
                                        =======   =======   =======   =======
Per share amount                        $  0.14   $  0.17   $  0.15   $  0.31
                                        =======   =======   =======   =======
FULLY DILUTED
-------------

Average shares outstanding               50,575    43,100    50,575    43,100

Net effect of dilutive stock options-
based on the treasury stock method
using the year-end market price,
if higher than average market price         114         0        57         0

Total                                    50,689    43,100    50,632    43,100
                                        =======   =======   =======   =======
Net income                              $ 7,157   $ 7,352   $ 7,527   $13,211
                                        =======   =======   =======   =======
Per share amount                        $  0.14   $  0.17   $  0.15   $  0.31
                                        =======   =======   =======   =======
</TABLE>
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 15

- 00067

- CR

Juan Gabriel GARZA

, Appellant

v.

The STATE of Texas,

Appellee

From the 293rd Judicial District Court, Zavala County, Texas

Trial Court No. 13

- 06

- 03428

- ZCR

Honorable Cynthia L. Muniz, Judge Presiding

BEFORE CHIEF JUSTICE MARION

, JUSTICE BARNARD , AND JUSTICE ALVAREZ

In accordance with this court’s opinion of this date, the judgment of the trial court is

AFFIRMED.

SIGNED December 23, 2015.

_____________________________ Sandee Bryan Marion, Chief Justice
Exhibit



Exhibit 10.1



AMENDMENT NO. 1
HCP, INC. 
AMENDED AND RESTATED
2014 PERFORMANCE INCENTIVE PLAN


Dated as of February 8, 2018


WHEREAS, HCP, Inc., a Maryland corporation (the “Corporation”) maintains the HCP, Inc. 2014 Performance Incentive Plan (the “Plan”) to promote the success of the Corporation and to increase stockholder value by providing an additional means through the grant of awards to attract, motivate, retain and reward selected employees and other eligible persons; and


WHEREAS, the Compensation Committee (the “Committee”) of the Board of Directors of the Corporation desires to amend the Plan in accordance with the terms of this Amendment No. 1 (this “Amendment”).


NOW THEREFORE, the Plan is henceforth amended as follows:


		
	1.
	Section 5 of the Plan is hereby amended to add a Section 5.9 to read in its entirety as follows:




5.9    Minimum Vesting Conditions. 
		
	5.9.1
	Any award granted hereunder shall provide for a time-based or performance-based vesting schedule, as applicable, of at least one (1) year following the date of grant. 


		
	5.9.2
	Notwithstanding anything set forth in Section 5.9.1 to the contrary, awards representing a maximum of five percent (5%) of the Share Limit may be granted hereunder without any minimum vesting condition.


		
	2.
	The first sentence of Section 5.2 of the Plan is hereby deleted in its entirety and replaced with the following:




“Any award granted under the Plan that is intended to satisfy the requirements for "performance-based compensation" within the meaning of Section 162(m) of the Code is referred to as a "Performance-Based Award" and any options and SARs that are intended to qualify as Performance-Based Awards are referred to as "Qualifying Options" and "Qualifying SARs," respectively.”


		
	3.
	Section 8.8.3(b) of the Plan is hereby deleted in its entirety.











		
	4.
	Except as amended by this Amendment, the Plan shall remain in full force and effect in accordance with its terms. 


		
	5.
	This Amendment shall be governed by, and construed in accordance with the laws of the State of Maryland.




*    *    *


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2