alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Earl E. ROSE, Jr., Plaintiff-Appellant, v. B. BONNET, Deputy Sheriff, in his/her individual capacity; et al., Defendants-Appellees.

No. 09-55784.

United States Court of Appeals, Ninth Circuit.

*227Submitted Oct. 19, 2010.*

Filed Nov. 1, 2010.

B. Kwaku Duren, B. Kwaku Duren *&*Associates, PC, Los Angeles, CA, for Plaintiff-Appellant.

James H. Thebeau, Esquire, Deputy County Counsel, Ruth E. Stringer, Esquire, San Bernardino, CA, for Defendants-Appellees.

Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.

*

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

MEMORANDUM **

California state prisoner Earl Rose, Jr. appeals from the district court’s summary judgment and order denying his motion for reconsideration in his 42 U.S.C. § 1983 action alleging deliberate indifference to his safety. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the grant of summary judgment, *Toguchi v. Chung,*391 F.3d 1051, 1056 (9th Cir.2004), and for abuse of discretion the denial of a motion for reconsideration, *Casey v. Al-bertson’s Inc.,*362 F.3d 1254, 1257 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on qualified immunity grounds because defendants’ moving papers and evidence alone established that there was no triable issue as to whether they knew of and disregarded an excessive risk to Rose’s safety. *See Farmer v. Brennan,*511 U.S. 825, 834, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (deliberate indifference claim requires that defendants *228knowingly disregard an excessive risk to inmate’s health or safety in violation of the Eighth Amendment); *Inouye v. Kemna,*504 F.3d 705, 712 (9th Cir.2007) (qualified immunity requires determining whether defendants’ conduct violated a constitutional right and whether the right was clearly established at the time of the alleged violation).

The district court did not abuse its discretion in denying reconsideration because neither Rose’s counsel’s calendaring mistakes nor his ignorance of the law in failing to file a timely opposition to defendants’ motion for summary judgment established valid grounds for relief under Federal Rule of Civil Procedure 60(b)(1). *See Casey,*362 F.3d at 1257 (“parties are bound by the actions of their lawyers, and alleged attorney malpractice does not usually provide a basis to set aside a judgment pursuant to Rule 60(b)(1)”).

We do not consider arguments raised for the first time on appeal. *See Foti v. City of Menlo Park,*146 F.3d 629, 638 (9th Cir.1998).

Rose’s remaining contentions are unpersuasive.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Exhibit 32.1


CERTIFICATION OF


CHIEF
EXECUTIVE OFFICER


PURSUANT TO 18 U.S.C. SECTION
1350






In
connection with the accompanying Yearly Report on Form 10-KSB/A of HSM Holdings,
Inc. for the year ending December 31, 2007, I, Anthony Hu , Chief Executive
Officer of HSM Holdings, Inc. hereby certify pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, to the
best of my knowledge and belief, that:




1.
            Such
      Yearly Report of Form 10-KSB/A for the year ending December 31,2007, fully
      complies with the requirements of Section 13(a) or 15(d) of the Securities
      Exchange Act of 1934; and2.
            The
      information contained in such Yearly Report on Form 10-KSB/A for the year
      ended December 31, 2007, fairly represents in all material respects, the
      financial condition and results of operations of HSM Holdings,
      Inc.









Date: 
      July 25, 2008HSM
      Holdings, Inc.By:
      /s/
      Anthony HuChief
      Executive Officer
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        Search Home > Engagements > Commissioner Sola Speaking at Manifest Vegas 2024

Commissioner Sola Speaking at Manifest Vegas 2024


Posted on:


February 5, 2024 February 5, 2024 | Las Vegas, NV



Commissioner Louis Sola participate on the “Decarbonizing the Maritime Industry” panel at the Manifest Vegas 2024 supply chain symposium. Agenda and registration information is available on the organizer’s website. Return to top
    
    
    
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EXHIBIT 32.2

Certification of Chief Financial Officer

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 TiVo Inc. (the Company) Quarterly
Report on Form 10-Q for the period ending April 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Steven Sordello, Chief Financial Officer 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, to the best of my knowledge:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company at the dates and for the periods
indicated.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: June 11, 2007



/s/ STEVEN J. SORDELLOSteven J. SordelloSenior Vice President and Chief Financial Officer (Principal Financial and Accounting Officer)
exv4w5



 





Exhibit 4.5




			
	 	 	 
	
	 	






	 	 	 
	H T Stitzer

	 	Letter of Variation






30 March 2007




Dear Todd,




Service Agreement



I am writing to you to confirm our agreement with you that your service agreement dated as of
1st July 2004 should be varied in the manner set out in this letter.





	1.	 	Clause 2(B) shall be deleted in its entirety and replaced as follows:-

“This Agreement and the Executive’s employment shall, in any event, terminate on 31 March,
2017.”
	 
	2.	 	An additional sentence shall be added to Clause 5(A) Pensions as follows:-

“Notwithstanding the provisions of Clause 2(B) above, the Executive’s normal retirement date
for the purposes of his membership of the Company’s pension plans shall be age 60”.
	 
	3.	 	In addition Clause 18(B) shall be deleted in its entirety.




I should be grateful if you would sign and return this letter of variation by way of acceptance of
its terms.




Yours sincerely,




_____________________________________________




Sir John Sunderland

For and on behalf of

Cadbury Schweppes Plc and CBI Holdings Inc



I hereby accept the above variation to the terms and conditions of my service agreement



Signed:         
           
           
         
           
         
    
         
         



Dated:
COURT OF APPEALS OF VIRGINIA

Present: Judges Elder, Beal es and Senior Judge Annunziata

HENRICO COUNTY SHERIFF’S OFFICE MEMORANDUM OPINION * v. Record No. 0682-10-2 PER CURIAM AUGUST 31, 2010 JAMES O. FITZGERA LD, IV, DECEASED, BY LAURI WALKER, EXECUTOR

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Ralph L. Whitt, Jr.; Brandon R. Jordan; Whitt & Del Buen o, PC, on briefs), for appellant. (Malcolm Parks; Maloney, Parks & Clarke, P.C., on brief), for appellee.

Henrico County Sheriff’s Office (employer) appeals a decision of the Workers’ Compensation Commission finding claimant proved he received a communication of his occupational disease on or about July 22, 2008, whic h triggered the commencement of the statute of limitations under Code § 65.2-403(A). We have reviewed the record and the commission’s opinion and find that this appeal is without merit. Accordingly, we affirm for the reasons stated by the commission in its final opinion. See Fitzgerald v. Henrico Cnty. Sheriff’s Office , VWC File No. 241-12-36 (Mar. 10, 2010). We dispense with oral argument and summarily affirm because the facts and legal contentions are adequate ly presented in the materials before the Court and argument would not aid the decisional process. See Code § 17.1-403; Rule 5A:27. The commission’s opinion mistakenly stat es the communication date for purposes of calculating the statute of limitations was July 22, 2008. However, there is undisputed evidence

* Pursuant to Code § 17.1-413, this opin ion is not designated for publication.- 2 - in the record that the comm unication took place July 23, 2008. We remand this case to the commission for the sole purpose of correcting the cl erical error in its award to reflect the proper communication date of July 23, 2008.

Affirmed and remanded.
#### RICOH COMPANY, LTD., Ricoh Americas Corporation, and Ricoh Electronics, Inc., Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Oki Data Corporation and Oki Data Americas, Inc., Intervenors.

No. 2011-1236.

United States Court of Appeals, Federal Circuit.

May 27, 2011.

Daniel E. Valencia,- U.S. International Trade Commission, Washington, DC, for Appellee.

John Allcock, DLA Piper U.S. LLP, San Diego, CA, for Appellants.

ORDER

ON MOTION

Ricoh Company, Ltd., et al. move to withdraw their appeal.

Upon consideration thereof,

It Is Ordered That:

(1) The motion to withdraw is granted. The appeal is dismissed.

(2) Each side shall bear its own costs.
exh1018.htm -- Converted by SEC Publisher, created by BCL Technologies Inc., for SEC Filing





Exhibit 10.18

CERTIFICATE OF MERGER

OF GREENSTEAM ACQUISITION COMPANY INC.

(a Delaware corporation)

with and into

GREENSTEAM DEVELOPMENT INC.

(a Delaware corporation)

     Greensteam Development Inc., a Delaware corporation, for the purpose of merging Greensteam Acquisition Company Inc., a Delaware corporation, with and into itself, hereby certifies as follows:

     1.      The name and state of domicile of each of the constituent corporation are:

     2.      An agreement of merger has been approved, adopted, certified, executed and acknowledged by each of the constituent Corporations in accordance with Subsection 251(c) of the Delaware General Corporation Law.

     3.      The name of the surviving corporation is Greensteam Development Inc.

     4.      The certificate of incorporation of Greensteam Development Inc. shall be the certificate of incorporation of the surviving corporation.

     5.      The executed agreement of merger is on file at the principal place of business of the surviving corporation, 789 West Pender Street, Suite 1010, Vancouver, BC Canada VGC 1H2.

     6.      A copy of the agreement of merger will be furnished by the surviving corporation, on request and without cost, to any stockholder of either constituent corporation.

 

 

 

 






     IN WITNESS WHEREOF, this Certificate of Merger has been duly executed as of this 23rd day of February, 2007, and is being filed by Greensteam Development Inc., as the surviving corporation.

 


		GREENSTEAM DEVELOPMENT INC.  
		  
		  
		By:  	J. DOUGLAS FRATER  
			J. Douglas Frater, President
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 Max Sound Corporation (the “Company”) on Form 10-K for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Greg Halpern, Chief Financial Officer, and John Blaisure, Chief Executive Officer 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; and2.
The information contained in the Annual Report fairly presents, in all material respects, the financial condition and result of operations of Max Sound Corporation




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.






Max Sound CorporationBy:
/s/ John BlaisureJohn BlaisureChief Executive Officer
  By:
/s/ Greg HalpernGreg HalpernChief Financial Officer




Date: March 31, 2011
Amendment Borrower
 W I T N E S S E T H
 LCPI Administrative Agent Lenders Credit Agreement
 Calfee Loan Prepayment
    Defined Terms




---



##### 



Amendment
 Section 1.1 (Defined Terms)
 Applicable Margin
 Base Rate
    
    
    EurodollarLoans
    
    
    LoansRevolving Credit Facility (including Swing Line Loans)
    
    
    1.75
    %
    
    
    2.75
    %Term Loan Facility
    
    
    2.50
    %
    
    
    3.50
    %
 provided
 Base Rate plus 1 2 Prime Rate
 Eurodollar Base Rate
 - 2  -




---



##### 



Pricing Grid
 Applicable Margin for Base
    
    
    Applicable Margin forRate Loans
    
    
    Eurodollar LoansConsolidated Leverage
    
    Revolving
    
    
    
    
    
    
    RevolvingRatio
    
    Credit Facility
    
    
    Term Facility
    
    
    Credit Facility
    
    
    Term Facility> 3.50 to 1.00
    
    
    2.25
    %
    
    
    2.75
    %
    
    
    3.25
    %
    
    
    3.75
    %£  3.50 to 1.00 and > 3.00 to 1.00
    
    
    2.00
    %
    
    
    2.50
    %
    
    
    3.00
    %
    
    
    3.50
    %£  3.00 to 1.00
    
    
    1.75
    %
    
    
    2.50
    %
    
    
    2.75
    %
    
    
    3.50
    %
 Adjustment Date
 Section 1.1 (Defined Terms)
 Ninth Amendment
 Ninth Amendment Effective Date
 - 3  -




---



##### 



Consent to Calfee Loan Prepayment
 Conditions to Effectiveness Ninth Amendment Effective Date
 Amendment
 Acknowledgment and Consent
 Projections Pro Forma Projections
 Amendment Fee Signing Lenders
 - 4  -




---



##### 



No Defaults
 Representations and Warranties
 Fees, etc
 Representations and Warranties
 Amendment
Documents Amended Credit Agreement
   - 5  -




---



##### 



Payment of Expenses
 Limited Effect
 GOVERNING LAW
 Miscellaneous
  - 6  -




---



##### 



MAPCO EXPRESS, INC., as the BorrowerBy:
    /s/ Edward MorganName:Title:By:
    /s/ Gregory A. IntemannName:Title:
    Treasurer




---



##### 



LEHMAN COMMERCIAL PAPER INC., 
as Administrative AgentBy:
    /s/ Frank P. TurnerName:
    Frank P. TurnerTitle:
    Vice President




---



##### 



Credit Agreement Borrower Lenders Arranger Syndication
Agent Co-Administrative Agent Administrative Agent Guarantee and Collateral Agreement Grantors




---



##### 



MAPCO EXPRESS, INC.By:
    /s/ Edward MorganName:Title:By:
    /s/ Gregory A. IntemannName:Title:
    TreasurerGASOLINE ASSOCIATED SERVICES, INC.By:
    /s/ Edward MorganName:Title:By:
    /s/ Gregory A. IntemannName:Title:
    TreasurerLIBERTY WHOLESALE CO., INC.By:
    /s/ Edward MorganName:Title:By:
    /s/ Gregory A. IntemannName:Title:
    Treasurer
Offer Letter, dated 02/09/1996, between Bradley R. Langdale and the Registrant



 Exhibit 10.5 
 

 
 February 9, 1996 
 Mr. Bradley R. Langdale 
 Dear Brad: 
 We are pleased to offer you the position of Director, Finance at a starting salary of $95,000 per year. We
shall expect you to start no later than February 19, 1996. As we discussed, in six months we expect to either hire a CFO or promote you to the CFO position. 
 As a senior member of the Team, you will be eligible to receive options under the Company’s Stock Option Plan as may be determined by the sole discretion of the Board of Directors. I shall recommend to the Board to issue you an option
to purchase 30,000 shares of Common Stock, vesting over 5 years and exercisable at fair market value, as determined by the Board of Directors, at the time the option is granted. 
 This is an exempt position. You will receive group medical and dental care at the Company’s expense in accordance with our group medical plan, with dependent coverage available at your expense. This coverage
should begin on the first day of your employment. You will be accorded all of the benefits set forth in our Employee Handbook and you will agree to abide by the policies and procedures set forth in our Employee Handbook. The policies and procedures
of the Employee Handbook may be amended from time to time at the direction of the Board of Directors. 
 I shall recommend to the Board to vest all your
options fully in case the Company is acquired. 
 You must sign a copy of the Company’s non-disclosure and confidentiality agreement which will remain
in effect during and after your employment. You will also need to provide proof of your identity and authorization to work in the United States as required by the immigration laws, in addition to the customary tax forms. Masimo is an at-will
employer, and your employment may be terminated at any time by you or Masimo. Your employment may be terminated at any time with or without cause or advance notice. 
 This letter sets forth all the terms of our offer, and it supersedes all prior agreements and discussions. These terms cannot be modified or amended by any supervisor or by any action of the Company except a written
agreement signed by the President. 
 

 







 To confirm that you agree to these terms, please sign and date the enclosed copy of this letter and return it to me
before commencing employment. We welcome you as part of the Team and look forward to a mutually satisfactory relationship. 
  

					
	 Sincerely,
	 		 	
			
	 /s/ Joe E. Kiani
	 		 	 
	 Joe E. Kiani
	 		 	
	 President & CEO
	 		 	
			
	 I agree to the terms stated in this letter.
	 		 	
			
	 /s/ Bradley R. Langdale
	 		 	 Dated: 2/12/96

	 Bradley R. Langdale
**EXHIBIT 31.1**SECTION 302 CERTIFICATIONI, Thomas J. Mazzarisi, Chief Executive Officer of JAG Media Holdings, Inc., certify that:1. I have reviewed this Quarterly Report on Form 10-Q for the period ended October 31, 2007 of JAGMedia Holdings, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand 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 maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) forthe registrant and have:     (a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;     (b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and     (c) Disclosed in the report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financial reporting.5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee 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 ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’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 asignificant role in the registrant’s internal control over financial reporting.Date:December 26, 2007         /s/ Thomas J. Mazzarisi   Thomas J. Mazzarisi   Chief Executive Officer