alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-2372
TRACY WOODY, Plaintiff - Appellant, versus ONLINE EXCHANGE, INCORPORATED, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CA-02-185-BO) Submitted: April 29, 2003 Decided: June 2, 2003 Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. Tracy Woody, Appellant Pro Se. James Benjamin Trachtman, KILPATRICK STOCKTON, L.L.P., Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Tracy Woody appeals the district court’s order granting Appellee Online Exchange, Inc.’s motion to dismiss for improper venue pursuant to 28 U.S.C. § 1406 (2000). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Woody v. Online Exchange, Inc. , No. CA-02-185-BO (E.D.N.C. Oct. 21, 2002). We also deny Appellee’s motion to dismiss the appeal as moot. 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.

AFFIRMED
**Exhibit 31.2****CERTIFICATION**I, John Alderfer, as the Chief Financial Officer of Vestin Mortgage, Inc., the sole Manager ofVestin Fund III, LLC, certify that:1. I have reviewed this report on Form 10-Q of Vestin Fund III, LLC;2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;3. Based on my knowledge, the consolidated financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of Vestin Fund III, LLC as of, and for, the periodspresented in this report;4. Vestin Fund III, LLC’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for Vestin Fund III, LLC and have: (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to Vestin Fund III, LLC, including its consolidated subsidiaries,is made known to us by others within those entities, particularly during the period inwhich this report is being prepared;  (b) Paragraph omitted pursuant to SEC Release Nos. 33-8238 and 34-47986;  (c) Evaluated the effectiveness of Vestin Fund III, LLC’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  (d) Disclosed in this report any changes in Vestin Fund III, LLC’s internal controlover financial reporting that occurred during Vestin Fund III, LLC’s most recent fiscalquarter that has materially affected, or is reasonably likely to materially affectVestin Fund III, LLC’s internal control over financial reporting; and5. Vestin Fund III, LLC’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to Vestin Fund III, LLC’sauditors and the audit committee of Vestin Fund III, LLC’s board of directors (or personsperforming the equivalent functions): (a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect Vestin Fund III, LLC’s ability to record, process, summarize and reportfinancial information; and  (b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in Vestin Fund III, LLC’s internal control over financialreporting.Date: August 12, 2005/s/ John Alderfer
§ 23.701 Notification of right to segregation. ( a ) At the beginning of the first swap transaction that provides for the exchange of Initial Margin, a swap dealer or major swap participant must notify the counterparty that the counterparty has the right to require that any Initial Margin the counterparty provides in connection with such transaction be segregated in accordance with §§ 23.702 and 23.703, except in those circumstances where segregation is mandatory pursuant to § 23.157 or rules adopted by the prudential regulators pursuant to section 4s(e)(2)(A) of the Act.
( b ) The right referred to in paragraph (a) of this section does not extend to Variation Margin.
( c ) If the counterparty elects to segregate Initial Margin, the terms of segregation shall be established by written agreement.
( d ) A counterparty's election, if applicable, to require segregation of Initial Margin or not to require such segregation, may be changed at the discretion of the counterparty upon written notice delivered to the swap dealer or major swap participant, which changed election shall be applicable to all swaps entered into between the parties after such delivery.
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

DENNIS BOYER,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 475 EAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 2nd day of April, 2019, the Petition for Allowance of Appeal is 

DENIED.
### §1856c. Service in line of duty

Any service performed under section 1856a or section 1856b of this title, by any officer or employee of the United States or any member of any armed force of the United States shall constitute service rendered in line of duty in such office, employment, or force. The performance of such service by any other individual shall not constitute such individual an officer or employee of the United States for the purposes of subchapter I of chapter 81 of title 5.

(May 27, 1955, ch. 105, §4, 69 Stat. 67.)

#### **Editorial Notes**

#### Codification

"Subchapter I of chapter 81 of title 5" substituted for "the Federal Employees' Compensation Act, as amended" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Home > NRC Library > ADAMS Public Documents

# SECY-12-0149 - Annual Update of the Risk-Informed and Performance-Based Plan.

Accession Number: ML12270A313

Date Released: Friday, November 16, 2012

Package Contents

The following links on this page are to Adobe Portable Document Format (PDF) files. To obtain a free viewer for displaying this format, see our Plugins, Viewers, and Other Tools.
    - ML12270A319 - SECY-12-0149 - Annual Update of the Risk-Informed and Performance-Based Plan (5 page(s), 10/31/2012)
    - ML12270A327 - SECY-12-0149 - Enclosure 1: Recent and Near-Term Anticipated Accomplishments - 2012 (12 page(s), 10/31/2012)

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<PAGE>
                                                                    EXHIBIT 4.18

                    AMENDMENT TO CONVERTIBLE PROMISSORY NOTE
                              DATED AUGUST 19, 2004

          Effective as of September 26, 2005 (Amendment Date) the Convertible
Promissory Note (Note) dated August 19, 2004 between Nord Resources Corporation,
a Delaware corporation (the "company") and Stephen D. Seymour (the
"holder")shall be amended as follows:

     Section 1. shall be amended to read as follows: "Unless converted as
     provided in Section 2, this Note will automatically mature and be due and
     payable on December 31, 2005 (the "Maturity Date"). Subject to Section 2
     Below, Interest shall continue to accrue on this Note.

Agreed to and Accepted:

Company:
Nord Resources Corporation
P.O. Box 384
Dragoon, AZ 85609


By
   ----------------------------------
   Erland A. Anderson
   President


Holder:
Stephen D. Seymour
1308 Wine Spring Lane
Baltimore, MD 21204


By
   ----------------------------------
   Stephen D. Seymour
§ 230.462 Immediate effectiveness of certain registration statements and post-effective amendments. ( a ) A registration statement on Form S-8 (§ 239.16b of this chapter) and a registration statement on Form S-3 (§ 239.13 of this chapter) or on Form F-3 (§ 239.33 of this chapter) for a dividend or interest reinvestment plan shall become effective upon filing with the Commission.
( b ) A registration statement and any post-effective amendment thereto shall become effective upon filing with the Commission if: ( 1 ) The registration statement is for registering additional securities of the same class(es) as were included in an earlier registration statement for the same offering and declared effective by the Commission;
( 2 ) The new registration statement is filed prior to the time confirmations are sent or given; and
( 3 ) The new registration statement registers additional securities in an amount and at a price that together represent no more than 20% of the maximum aggregate offering price set forth for each class of securities in the “Calculation of Registration Fee” table contained in such earlier registration statement.
( c ) If the prospectus contained in a post-effective amendment filed prior to the time confirmations are sent or given contains no substantive changes from or additions to the prospectus previously filed as part of the effective registration statement, other than price-related information omitted from the registration statement in reliance on Rule 430A of the Act (§ 230.430A), such post-effective amendment shall become effective upon filing with the Commission.
( d ) A post-effective amendment filed solely to add exhibits to a registration statement shall become effective upon filing with the Commission.
( e ) An automatic shelf registration statement, including an automatic shelf registration statement filed in accordance with Rule 415(a)(6) (§ 230.415(a)(6)), and any post-effective amendment thereto, including a post-effective amendment filed to register additional classes of securities pursuant to Rule 413(b) (§ 230.413(b)), shall become effective upon filing with the Commission.
( f ) A post-effective amendment filed pursuant to paragraph (e) of this section for purposes of adding a new issuer and its securities as permitted by § 230.413(b) (Rule 413(b)) that satisfies the requirements of Form S-3, Form F-3, or General Instruction A.2 of Form N-2 (§ 239.13, § 239.33, or §§ 239.14 and 274.11a-1 of this chapter), as applicable, including the signatures required by § 230.402(e) (Rule 402(e)), and contains a prospectus satisfying the requirements of § 230.430B (Rule 430B), shall become effective upon filing with the Commission.
[59 FR 21650, Apr. 26, 1994, as amended at 60 FR 26617, May 17, 1995; 62 FR 39763, July 24, 1997; 70 FR 44818, Aug. 3, 2005; 85 FR 33356, June 1, 2020]
Docket No: FAA-2016-3992 Dir ID: 2015-NM-075-AD
<PAGE>

                                                                    Exhibit 32.2

                            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 Kramont Realty Trust (the "Company") on
Form 10-K for the period ended December 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Carl E. Kraus,
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:

(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/ Carl E. Kraus
                                  --------------------------
                                  Carl E. Kraus
                                  Chief Financial Officer
                                  Kramont Realty Trust
                                  March 8, 2005
[Cite as Krook v. Miami Univ., 2010-Ohio-3639.]

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us

MELANIE KROOK 

 Plaintiff 

 v. 

MIAMI UNIVERSITY 

 Defendant 

Case No. 2009-09515-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} 1) On October 28, 2009, a 2006 Honda Civic owned by plaintiff, 

Melanie Krook, was damaged as a result of negligence on the part of an employee of 

defendant, Miami University, in conducting lawn maintenance activity on university 

grounds. 

{¶ 2} 2) Plaintiff filed this complaint seeking to recover damages in the 

amount of $208.99, for replacement parts. The $25.00 filing fee was paid and plaintiff 

requested reimbursement of that cost along with her damage claim. 

{¶ 3} 3) Defendant filed an investigation report stating: “The Defendant 

believes that the Plaintiff has filed a valid claim for items totaling $233.99.” 

CONCLUSIONS OF LAW 

{¶ 4} 1) Defendant was charged with a duty to exercise reasonable care for 

the protection of plaintiff’s property while performing any maintenance work. Hoelle v. 

Miami Univ., Ct. of Cl. No. 2005-06970-AD, 2005-Ohio-4643. In regards to the facts of 
this claim, negligence on the part of defendant has been shown. Rust v. Miami Univ., 

Ct. of Cl. No. 2005-01226-AD, 2005-Ohio-1248; Laux v. Cleveland State Univ., Ct. of Cl. 

No. 2007-01410-AD, 2007-Ohio-2409; Dunlap v. Ohio University, Ct. of Cl. No. 2009-

06010-AD, 2009-Ohio-7081. 

{¶ 5} 2) Consequently, defendant is liable to plaintiff for the damaged 

claimed, $208.99, plus the $25.00 filing fee which may be reimbursed as compensable 

costs pursuant to R.C. 2335.19. See Bailey v. Ohio Department of Rehabilitation and 

Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d 990. 

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us 

MELANIE KROOK 

 Plaintiff 

 v. 

MIAMI UNIVERSITY 

 Defendant 

Case No. 2009-09515-AD 

Deputy Clerk Daniel R. Borchert 

ENTRY OF ADMINISTRATIVE

DETERMINATION

 Having considered all the evidence in the claim file and, for the reasons set forth 

in the memorandum decision filed concurrently herewith, judgment is rendered in favor 

of plaintiff in the amount of $233.99, which includes the filing fee. Court costs are 
assessed against defendant. 

 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Melanie Krook Paul S. Allen 

117 Thomson Hall Miami University 

Oxford, Ohio 45056 Roudebush Hall Room 14 

 Oxford, Ohio 45056 

RDK/laa 

3/5 

Filed 3/19/10 

Sent to S.C. reporter 8/6/10
§ 201.1102 Provisions for payment. ( a ) *Payment to registry of the court or court-appointed receiver.* Subject to such conditions as the Commission or the hearing officer shall deem appropriate, a plan for the administration of a Fair Fund or a disgorgement fund may provide for payment of funds into a court registry or to a court-appointed receiver in any case pending in federal or state court against a respondent or any other person based upon a complaint alleging violations arising from the same or substantially similar facts as those alleged in the Commission's order instituting proceedings.
( b ) *Payment to the United States Treasury under certain circumstances.* When, in the opinion of the Commission or the hearing officer, the cost of administering a plan of disgorgement relative to the value of the available disgorgement funds and the number of potential claimants would not justify distribution of the disgorgement funds to injured investors, the plan may provide that the disgorgement funds and any civil penalty shall be paid directly to the general fund of the United States Treasury.
CERTIFICATION PURSUANT TO SECTION
                          302 OF THE SARBANES OXLEY ACT


I, Kelly Kendall, certify that:

1. I have reviewed this  quarterly  report on Form 10-QSB of Life USA, Inc.;

2. Based on my knowledge, this quarterly 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 quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 quarterly report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

a) designed such disclosure controls and procedures 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 quarterly report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"); and

c) presented in this quarterly report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the registrant's
auditors any material weaknesses in internal controls; and

<PAGE>

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and

6. The  registrant's  other  certifying  officers  and I have  indicated in this
quarterly report whether there were significant  changes in internal controls or
in other factors that could significantly affect internal controls subsequent to
the date of our most recent  evaluation,  including any corrective  actions with
regard to significant deficiencies and material weaknesses.

Date: August 8, 2003


/s/ Kelly Kendall
- -----------------------
 Kelly Kendal, CEO, & CFO
[Federal Register Volume 69, Number 228 (Monday, November 29, 2004)]
[Notices]
[Page 69373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26270]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2004N-0204]


Agency Information Collection Activities; Announcement of Office 
of Management and Budget Approval; Patent Term Restoration, Due 
Diligence Petitions, Filing, Format, and Content of Petitions

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
collection of information entitled ``Patent Term Restoration, Due 
Diligence Petitions, Filing, Format, and Content of Petitions'' has 
been approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Karen Nelson, Office of Management 
Programs (HFA-250), Food and Drug Administration, 5600 Fishers Lane, 
Rockville, MD 20857, 301-827-1482.

SUPPLEMENTARY INFORMATION: In the Federal Register of August 19, 2004 
(69 FR 51468), the agency announced that the proposed information 
collection had been submitted to OMB for review and clearance under 44 
U.S.C. 3507. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has now approved the 
information collection and has assigned OMB control number 0910-0233. 
The approval expires on November 30, 2007. A copy of the supporting 
statement for this information collection is available on the Internet 
at http://www.fda.gov/ohrms/dockets.

    Dated: November 19, 2004.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 04-26270 Filed 11-26-04; 8:45 am]
BILLING CODE 4160-01-S
§ 23.503 Portfolio compression. ( a ) *Portfolio compression with swap dealers and major swap participants* — ( 1 ) *Bilateral offset.* Each swap dealer and major swap participant shall establish, maintain, and follow written policies and procedures for terminating each fully offsetting swap between a swap dealer or major swap participant and another swap dealer or major swap participant in a timely fashion, when appropriate.
( 2 ) *Bilateral compression.* Each swap dealer and major swap participant shall establish, maintain, and follow written policies and procedures for periodically engaging in bilateral portfolio compression exercises, when appropriate, with each counterparty that is also a swap dealer or major swap participant.
( 3 ) *Multilateral compression.* Each swap dealer and major swap participant shall establish, maintain, and follow written policies and procedures for periodically engaging in multilateral portfolio compression exercises, when appropriate, with each counterparty that is also a swap dealer or major swap participant. Such policies and procedures shall include: ( i ) Policies and procedures for participation in all multilateral portfolio compression exercises required by Commission regulation or order; and
( ii ) Evaluation of multilateral portfolio compression exercises that are initiated, offered, or sponsored by any third party.
( b ) *Portfolio compression with counterparties other than swap dealers and major swap participants.* Each swap dealer and major swap participant shall establish, maintain, and follow written policies and procedures for periodically terminating fully offsetting swaps and for engaging in portfolio compression exercises with respect to swaps in which its counterparty is an entity other than a swap dealer or major swap participant, to the extent requested by any such counterparty.
( c ) *Portfolio compression of cleared swaps.* Nothing in this section shall apply to a swap that is cleared by a derivatives clearing organization.
( d ) *Recordkeeping.* ( 1 ) Each swap dealer and major swap participant shall make and maintain a complete and accurate record of each bilateral offset and each bilateral or multilateral portfolio compression exercise in which it participates.
( 2 ) All records required to be maintained pursuant to this section shall be maintained in accordance with § 23.203 and shall be made available promptly upon request to any representative of the Commission or any applicable prudential regulator, or with regard to swaps defined in section 1a(47)(A)(v) of the Act, to any representative of the Commission, the Securities and Exchange Commission, or any applicable prudential regulator.
[77 FR 55960, Sept. 11, 2012]