alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|   | EXHIBIT 32.1 |   |
|--------|--------------|--------|

|   |
|--------|

|   | CERTIFICATION OF PRINCIPAL EXECUTIVEOFFICER REQUIRED BY EXCHANGE ACT RULE13a-14(b) |   |
|--------|------------------------------------------------------------------------------------|--------|

| I, David Loflin, President of Diamond I, Inc. (the “Company”), hereby certify, pursuant to 18U.S.C. ss.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that theaccompanying report on Form 10-QSB for the period ended September 30, 2007, and filed withthe Securities and Exchange Commission on the date hereof (the “Report”), fully complies withthe requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended. I furthercertify that the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company. |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |
|--------|

| Dated: November 19, 2007. | /s/ DAVID LOFLIN |   |
|---------------------------|------------------|--------|

|   | David LoflinPresident |   |
|--------|-----------------------|--------|
Agreement between the Company and Joan E. Herman



 Exhibit 10.1 
 September 28, 2007 
 Ms. Joan Herman 
 17530 Stretto Way 
 Pacific Palisades, CA 90272 
 Dear Joan: 
 As a follow-up to your previous conversations with Angela Braly, this letter agreement
(“Agreement”) confirms the terms and conditions of your employment with WellPoint, Inc. (together with its subsidiaries and affiliates, collectively referred to herein as the “Company”), from the date of this Agreement until
June 3, 2008. 
 Beginning on October 15, 2007, you shall serve as EVP and President & CEO, Consumer Business Unit until
your successor is appointed. You shall remain employed by the Company through June 3, 2008 to assist with the transition of your duties, at which time you will be eligible to retire under the current retirement eligibility rules that apply to
equity and the Annual Incentive Plan (“AIP”), which shall apply to you even if new rules are implemented by the Company in 2008. 
 Through June 3, 2008, the Company agrees to pay you a base salary at no less than your current annual rate of $710,000, payable bi-weekly in accordance with the Company’s regular payroll practices. In addition, through
June 3, 2008, you will continue to participate in all WellPoint benefit plans, including the Executive Physical Exam Program and the Directed Executive Compensation Plan (“DEC”). Further, for plan year 2008, you will be eligible to
participate in the AIP, at your current target bonus percentage of 85%, commensurate with the time in 2008 that you are employed. You will be eligible to receive a prorated award as a retiree under the AIP for 2008. Your 2007 AIP award will not
include any discretionary adjustments for individual performance. Your 2008 AIP award will be calculated based on WellPoint’s performance on the AIP metrics excluding individual performance. 
 Your WellPoint Health Networks Inc. Supplemental Executive Retirement Plan benefit will be calculated using your annual base salary and current target
bonus percentage of 85% through June 3, 2008. 
 In exchange, effective October 15, 2007, you hereby irrevocably and
unconditionally waive all rights to receive payments and benefits that are, or may become, payable to you pursuant to the WellPoint Health Networks Inc. Officer Change-In-Control Plan, as amended and restated. 







 Ms. Herman 
 September 28, 2007 
 Page 2 
 As
always, don’t hesitate to call me with any questions. 
  

	
	Sincerely,
	
	 /s/ Randal L. Brown

	Randal L. Brown

 Please indicate your agreement to the terms as set forth in this Agreement by signing below at 5:00 EDT, Friday,
September 28, 2007. 
  

					
	Signed:	 	 /s/ Joan Herman
	 	Dated: September 28, 2007
		 	Joan Herman
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. RP01-219-000]

Take notice that on January 31, 2001, Midwestern Gas Transmission Company (Midwestern) tendered for filing its annual cashout report for the September 1999 through August 2000 period.

Midwestern states that the cashout report reflects a net cashout gain during this period of $97,700. Midwestern will refund this gain to its firm shippers within forty-five days of the Commission's acceptance of this cashout report.

                    Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed on or before                           ( print page 9830)                        February 13, 2001. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection in the Public Reference Room. This filing may be viewed on the web at                     *http://www.ferc.fed.us/​online/​rims.htm*                     (call 202-208-2222 for assistance). Comments and protests may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site at                     *http://www.ferc.fed.us/​efi/​doorbell.htm.*

David P. Boergers

Secretary.

[FR Doc. 01-3431 Filed 2-09-01; 8:45am]

BILLING CODE 6717-01-M
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED STATEMENTS OF OPERATIONS AND CONSOLIDATED BALANCE SHEETS AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000918904
<NAME>THE SELMER COMPANY, INC.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           4,610
<SECURITIES>                                         0
<RECEIVABLES>                                   62,466
<ALLOWANCES>                                     6,715
<INVENTORY>                                    100,833
<CURRENT-ASSETS>                               169,295
<PP&E>                                         121,320
<DEPRECIATION>                                  32,211
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<CURRENT-LIABILITIES>                           58,569
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<PREFERRED-MANDATORY>                                0
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<OTHER-SE>                                     110,811
<TOTAL-LIABILITY-AND-EQUITY>                   306,516
<SALES>                                        301,765
<TOTAL-REVENUES>                               301,765
<CGS>                                          201,714
<TOTAL-COSTS>                                   51,528
<OTHER-EXPENSES>                                 4,784
<LOSS-PROVISION>                                   197
<INTEREST-EXPENSE>                              13,293
<INCOME-PRETAX>                                 30,249
<INCOME-TAX>                                    12,637
<INCOME-CONTINUING>                             17,612
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    17,612
<EPS-BASIC>                                  17,612.00
<EPS-DILUTED>                                17,612.00


</TABLE>
#### Jose Luis BRIONES, Plaintiff-Appellant v. Velparita IVORY, Federal Correctional Institution-Fort Worth; Jerry McKinney, Federal Correctional Institution Fort Worth, Defendants-Appellees.

No. 13-11030

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

May 19, 2014.

Jose Luis Briones, Fort Worth, TX, pro se.

Before KING, DAVIS, and ELROD, Circuit Judges.

PER CURIAM: *

Proceeding in forma pauperis, Jose Luis Briones, federal prisoner # 39169-179, filed the instant civil rights suit under *Bivens v. Six Unknown Named Agents,*403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), to seek redress after one of the defendants insulted and threatened him while the other witnessed this behavior but did nothing to stop it. The district court dismissed the suit as frivolous and for failure to state a claim upon which relief could be granted in accordance with 28 U.S.C. § 1915(a)(b)(l). We review this dismissal de novo. *See Geiger v. Jowers,*404 F.3d 371, 373 (5th Cir.2005). Our review of the record and pertinent authority shows no error in connection with the challenged judgment.

One who wishes to proceed under *Bivens*must show that a federal official infringed his constitutional rights. *See Izen v. Catalina,*398 F.3d 363, 367 (5th Cir.2005). Threats and verbal abuse, such as those alleged by Briones, are not constitutionally actionable. *See Bender v. Brumley,*1 F.3d 271, 274 n. 4 (5th Cir.1993); *McFadden v. Lucas,*713 F.2d 143, 146 (5th Cir.1983). Similarly, Briones failed to raise a viable retaliation claim because the acts of which he complains are, as the district court concluded, de minimis. *See Bibbs v. Early,*541 F.3d 267, 270-72 (5th Cir.2008); *Morris v. Powell,*449 F.3d 682, 684-86 (5th Cir.2006). Finally, to the extent Briones complains of the processing of *328his grievance against another prison official not party to this suit, these assertions do not raise a viable claim because he has no constitutional right to have his grievances resolved to his liking. *See Geiger,*404 F.3d at 373-74. The judgment of the district court is AFFIRMED.

The district court’s dismissal of Briones’s civil complaint as frivolous and for failure to state a claim counts as a strike for purposes of 28 U.S.C. § 1915(g). *See Adepegba v. Hammons,*103 F.3d 383, 387-88 (5th Cir.1996). Briones is CAUTIONED that if he accumulates three strikes he will not be able to proceed IFP in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. *See*§ 1915(g).

*

 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.
I

103D CONGRESS

1ST SESSION H. R. 1670

To restore the 1994 cost-of-living adjustment in the regular military

compensation of members of the uniformed services on active duty.

IN THE HOUSE OF REPRESENTATIVES

APRIL 2, 1993

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

Committee on Armed Services

A BILL

To restore the 1994 cost-of-living adjustment in the regular

military compensation of members of the uniformed services on active duty.

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

3 SECTION 1. RESTORATION OF THE 1994 COST-OF-LIVING

4 ADJUSTMENT FOR REGULAR MILITARY COM5 PENSATION OF MEMBERS OF THE UNI6 FORMED SERVICES.

7 (a) RESTORATION OF ADJUSTMENT.—Effective on

8 January 1, 1994, the rates of basic pay, basic allowance

9 for subsistence, and basic allowance for quarters of mem-
2

•HR 1670 IH

1 bers of the uniformed services on active duty for a period

2 of more than 30 days are increased by 2.2 percent.

3 (b) SENSE OF CONGRESS REGARDING SOURCE OF

4 FUNDS.—It is the sense of Congress that the funds nec5 essary to provide the increase in regular military com6 pensation required by subsection (a) should be derived

7 from reductions in other programs of the Department of

8 Defense within major functional category 050 (National

9 Defense) in the budget of the President submitted to Con10 gress pursuant to section 1105 of title 31, United States

11 Code, for fiscal year 1994.

Æ
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          39,136
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      28,920,372
<DEPRECIATION>                               9,715,521
<TOTAL-ASSETS>                              19,981,650
<CURRENT-LIABILITIES>                        1,066,171
<BONDS>                                     15,535,757
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   2,034,467
<TOTAL-LIABILITY-AND-EQUITY>                19,981,650
<SALES>                                              0
<TOTAL-REVENUES>                             1,982,033
<CGS>                                                0
<TOTAL-COSTS>                                  775,645
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             944,104
<INCOME-PRETAX>                              (850,546)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              (769,620)
<CHANGES>                                            0
<NET-INCOME>                               (1,620,166)
<EPS-PRIMARY>                                  (63.00)
<EPS-DILUTED>                                        0
        

</TABLE>
**Exhibit23.1**

** **

 

 

                  **CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

 

We hereby consent to the incorporation by reference in theRegistration Statement on Form S-3 (Nos. 333-155698 and 333-155699) and FormS-8 (Nos. 333-27429 and 333-125264) of Associated Estates Realty Corporation ofour report dated February 25, 2010, relating to the financial statements,financial statement schedules, and the effectiveness of internal control overfinancial reporting, which appear in this Form 10-K. 

 

 

/s/ PricewaterhouseCoopers LLP

Cleveland, Ohio

February25, 2010

----
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 Commerce

###### International Trade Administration 

Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89-651; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether an instrument of equivalent scientific value, for the purposes for which the instrument shown below is intended to be used, is being manufactured in the United States. 

Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be filed within 20 days with the Statutory Import Programs Staff, U.S. Department of Commerce, Washington, D.C. 20230. Applications may be examined between 8:30 A.M. and 5 P.M. in Room 4211, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 

*Docket Number:*                    01-005.                     *Applicant:*                    Pennsylvania State University, Physics Department, 104 Davey Laboratory, University Park, PA 16802-6300.                     *Instrument:*                    Dilution Refrigerator and Superconducting Magnet System, Models 126-250 TOF and 6T-76-H3.                     *Manufacturer:*                    Leiden Cryogenics B.V., The Netherlands.                     *Intended Use:*                    The instrument is intended to be used to carry out electrical, magnetic and thermodynamic measurements at the lowest possible temperature and under a magnetic field up to 6 Tesla, of metallic systems infiltrated into ordered porous media. It is possible that these studies will also bring forth new application and further reduce the sizes of electronic devices in the future. Application accepted by Commissioner of Customs: January 30, 2001.                 

Gerald A. Zerdy, 

Program Manager, Statutory Import Programs Staff. 

[FR Doc. 01-3876 Filed 2-14-01; 8:45 am] 

BILLING CODE 3510-DS-P
Exhibit 10.53

ELECTION NOTICE

April 23, 2008

Comverse Technology, Inc.

810 Seventh Avenue,
35thFloor

New York, NY 10019

Attention: Andre Dahan,
President and Chief Executive Officer



| | Re: | Deferred Stock Award Agreement (the Agreement) between Comverse Technology, Inc. (the Company) and Avi Aronovitz
| | --- | --------------------------------------------------------------------------------------------------------------------

Dear Mr. Dahan:

This letter serves as the undersigneds irrevocable election to satisfy the aggregate withholding obligation of $49,227.74 (the
Withholding Tax) in connection with the vesting of 8,618 deferred stock units (the Award) on April 20, 2008 (the Vesting Date) by directing the Company to retain 2,913 shares of the
Companys common stock issuable upon vesting of the Award sufficient to cover the Withholding Tax valuing each share at $16.90, the closing price of the shares of the Companys common stock on Friday, April 18, 2008, the last business
day before the Vesting Date.

Upon your acknowledgement of the election, I understand that, as soon as practicable following
the Vesting Date, the Company will deliver 5,705 shares of the Companys common stock, to my attention, representing to balance of the shares of the Companys common stock vesting under the Award.



Sincerely,/s/ Avi AronovitzAvi Aronovitz




|                          |  |                                      
|------------------------- |  | -------------------------------------
|AGREED AND ACKNOWLEDGED  
|                         
|COMVERSE TECHNOLOGY, INC.
|                          | 
|By:                       |  | /s/ Andre Dahan                      
|Name:                     |  | Andre Dahan                          
|Title:                    |  | President and Chief Executive Officer

Date: April 23, 2008
#### UNITED STATES of America, Plaintiff-Appellee v. Federico DIAZ-NAVARRO, Defendant-Appellant.

No. 13-10942

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

May 8, 2014.

James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Dallas, TX, for Plaintiff-Appellee.

Kevin Joel Page, Federal Public Defender’s Office, Dallas, TX, William Ernest Hermesmeyer, Assistant Federal Public Defender, Federal Public Defender’s Office, Fort Worth, TX, for Defendant-Appellant.

Before STEWART, Chief Judge, and JOLLY and SOUTHWICK, Circuit Judges.

PER CURIAM: *

Federico Diaz-Navarro (Diaz) appeals the 36-month above-range sentence imposed following his guilty plea conviction for reentering the United States illegally after removal. We affirm.

*257Diaz contends that the district court abused its discretion by misapplying departure provisions of the Sentencing Guidelines. The Government argues that the sentence is not a departure from the guidelines sentencing range but is instead a variance above that range. Given that Diaz’s “sentence was not unreasonable,” as explained below, we need not decide whether it was authorized by the Guidelines or was a “non-Guidelines sentence.” *United States v. Jones,*444 F.3d 430, 441 (5th Cir.2006).

The characterization of a sentence is irrelevant “if the sentence imposed was reasonable under the totality of the relevant statutory factors.” *United States v. Brantley,*537 F.3d 347, 349 (5th Cir.2008) (quoting *Jones,*444 F.3d at 441). The district court considered the advisory guideline range and all the.factors mentioned in 18 U.S.C. § 3553(a). The court was of the opinion that a sentence above the guidelines range was warranted based on the following: Diaz’s history and characteristics and the nature and circumstances of the offense; the need for the sentence to reflect the offense’s. seriousness, promote respect for the law, and provide just punishment; and the need to protect the public from recidivism by Diaz. “The record ... demonstrates the reasonableness of the district court’s conclusions.” *Brantley,*537 F.3d at 349. The offense of conviction was the type that Diaz had committed before and for which he had been punished briefly before without apparent deterrent effect, and his history of other crimes supported a conclusion that there was a risk of recidivism. Diaz thus exhibited personal characteristics indicating “that a long incarceration period was required to provide just punishment, to ensure adequate deterrence, and to protect the public.” *Brantley,*537 F.3d at 350.

AFFIRMED.

*

 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.