alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Claim of Thomas E. Moore, Appellant. New York Press and Graphics, Inc., Respondent; Commissioner of Labor, Respondent.

[821 NYS2d 295]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 23, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant was hired by a publishing company to work in its warehouse and as a courier. After only a few weeks, he stopped reporting and left a telephone message stating that he would not be returning to work. Claimant explained that he quit the job because he could not afford the increase in his automobile insurance premium resulting from the use of his personal vehicle for deliveries. The Unemployment Insurance Appeal Board disqualified claimant from receiving unemployment insurance benefits on the ground that he voluntarily left his employment without good cause. He now appeals.

We affirm. At the time that he accepted the job, claimant knew that he was required to use his personal vehicle for deliveries and that there would be an increase in his automobile insurance premium. He nevertheless took the job hoping that he could obtain affordable insurance. Under these circumstances, substantial evidence supports the Board’s finding that claimant left his job for personal and noncompelling reasons amounting essentially to his dissatisfaction with a term of his employment *(see e.g. Matter of Giordano [Commissioner of Labor],*19 AD3d 801, 801 [2005]; *Matter of Conners [Commissioner of Labor],*9 AD3d 703, 704 [2004], *lv denied*3 NY3d 609 [2004], *cert denied*544 US 1034 [2005]; *Matter of Rose [Commissioner of Labor],*6 AD3d 951, 951 [2004]).

Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.
#### § 270.8b-6 [Reserved]
###### Editorial Note on Part 240

#### Editorial Note:

Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 240.3a12-2 [Reserved]
#### § 274.221 Form N-23c-3, Notification of repurchase offer.

Form N-23c-3 shall be filed with copies of notifications of repurchase offers submitted to the Commission as required under rule 23c-3 (§ 270.23c-3 of this chapter).

[58 FR 19345, Apr. 14, 1993]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form N-23c-3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
### §§2702a, 2702b. Omitted

#### **Editorial Notes**

#### Codification

Section 2702a, Pub. L. 91–177, title I, §102, Dec. 30, 1969, 83 Stat. 827, authorized appropriations for fiscal years 1970 and 1971.

Section 2702b, which was based on section 3(a), (b)(1), (3), (c), (d)(1), (2), (e) of Pub. L. 92–424, Sept. 19, 1972, 86 Stat. 688, 689, authorized appropriations for fiscal years 1973 and 1974.

Subsection (b)(2) of section 2702b, was based on section 3(b)(2) of Pub. L. 92–424, and related to functions of Secretary of Health, Education, and Welfare with respect to status of handicapped children in Headstart program. See section 9835(d) of this title.
```

[Federal Register Volume 69, Number 237 (Friday, December 10, 2004)]
[Notices]
[Page 71848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27070]

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

DEPARTMENT OF JUSTICE

Antitrust Division

Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--American Institute of Steel Construction, Inc.

    Notice is hereby given that, on September 20, 2004, pursuant to 
section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), American Institute of Steel 
Construction, Inc. (``AISC'') has filed written notifications 
simultaneously with the Attorney General and the Federal Trade 
Commission disclosing (1) the name and principal place of business of 
the standards development organization and (2) the nature and scope of 
its standards development activities. The notifications were filed for 
the purpose of invoking the Act's provisions limiting the recovery of 
antitrust plaintiffs to actual damages under specified circumstances.
    Pursuant to section 6(b) of the Act, the name and principal place 
of business of the standards development organization is: American 
Institute of Steel Construction, Inc., Chicago, IL. The nature and 
scope of AISC's standards development activities are: to develop 
standards addressing the design, fabrication and erection of structural 
steel, including specifications for structural steel buildings, 
specifications for nuclear facilities, seismic provisions for 
structural steel buildings, standards for the qualification of steel 
structures inspectors, code of standard practice for structural steel 
fabrication and erection, and standards for steel shipment notices and 
bar codes.

Dorothy B. Fountain,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 04-27070 Filed 12-9-04; 8:45 am]
BILLING CODE 4410-11-M
```
**Exhibit 3.3**

**CERTIFICATE OF AMENDMENT TO**

**AMENDED AND RESTATED CERTIFICATE OF INCORPORATION**

**OF**

**CATCHER HOLDINGS, INC.**

Catcher Holdings, Inc., a corporation organized and existing under and by virtue of the General Corporation Law of the State ofDelaware (the “Corporation”), does hereby certify: 

FIRST: The name under which the Corporation was originally incorporated wasWoodland Communications Group, Inc. 

SECOND: The date on which the Certificate of Incorporation of the Corporation was originally filedwith the Secretary of State of the State of Delaware is August 26, 1997. 

THIRD: The Board of Directors of the Corporation, acting inaccordance with the provisions of Section 141 and 142 of the General Corporation Law of the State of Delaware adopted resolutions to amend the first sentence of the FOURTH paragraph of ARTICLE 3 of the Amended and Restated Certificate ofIncorporation of the Corporation to read in its entirety as follows: 

“The total number of shares of all classes of stock which thecorporation shall have authority to issue is Seventy Six Million (76,000,000) shares of which Seventy Five Million (75,000,000) shares shall be common stock, par value $.001 per share (the “COMMON STOCK”), and One Million(1,000,000) shares shall be preferred stock, par value $.001 per share (the “PREFERRED STOCK”). 

FOURTH: This Certificate ofAmendment to Amended and Restated Certificate of Incorporation was submitted to the stockholders of the Corporation and was duly approved by the required vote of the stockholders of the Corporation in accordance with Sections 222 and 242 of theDelaware General Corporation Law. 

 

IN WITNESS WHEREOF, Catcher Holdings, Inc. has caused this Certificate of Amendment to be signed by itsChief Executive Officer as of August 24, 2007. 

 
By: /s/ Robert H. Turner  
Robert H. Turner 

Chief ExecutiveOfficer
|         |                                                                                                                                                                                                                                                                                                  |
|---------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| • | the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2020 filed on the date hereof with the Securities and Exchange Commission (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|         |                                                                                                                                                      |
|---------|------------------------------------------------------------------------------------------------------------------------------------------------------|
| • | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |

|        |
|--------|
|        |  |  |  |  |
| Dated: | November 2, 2020 | By   | /s/ Dino E. Robusto |   |
|   |   |   | Dino E. Robusto |   |
|   |   |   | Chief Executive Officer  |   |
###### Editorial Note on Part 240

#### Editorial Note:

Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 240.11a1-3(T) Bona fide hedge transactions in certain securities.

A bona fide hedge transaction effected on a national securities exchange by a member for its own account or an account of an associated person thereof and involving a long or short position in a security entitling the holder to acquire or sell an equity security, and a long or short position in one or more other securities entitling the holder to acquire or sell such equity security, shall be deemed to be of a kind which is consistent with the purposes of section 11(a)(1) of the Act, the protection of investors, and the maintenance of fair and orderly markets.

(Secs. 2, 3, 6, 11, 11A, and 23, 89 Stat. 97, 104, 110, 111, 156 (15 U.S.C. 78b, 78c, 78f, 78k, 78k-1, 78w); secs. 2, 3, 11, 23, 48 Stat. 881, 882, 885, 891, 901, as amended)

[44 FR 6093, Jan. 31, 1979]
13a-15(e)
 (a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure the 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)
    
    Designed such internal control over financial reporting, or caused such internal control
over financial reporting to be designed under our supervision, to provide reasonable
assurance regarding the reliability of financial reporting and the preparation of financial
statements for external purposes in accordance with generally accepted accounting
principles;
 (c)
    
    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
 (d)
    
    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
  (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 controls over financial reporting.
  By:
    /s/ James W. Creamer, IIIJames W. Creamer, IIIChief Executive and
Chief Financial Officer
[Cite as State v. Trogrlic, 2023-Ohio-4601.]

IN THE COURT OF APPEALS OF OHIO

ELEVENTH APPELLATE DISTRICT

LAKE COUNTY

STATE OF OHIO,

CITY OF MENTOR,

Plaintiff-Appellee,

- vs -

MARIO TROGRLIC,

Defendant-Appellant.

CASE NOS. 2023-L-107

2023-L-108

Criminal Appeals from the

Mentor Municipal Court

Trial Court Nos. 2023 CRB 00816 A

 2023 CRB 00816 B

M E M O R A N D U M

O P I N I O N

Decided: December 18, 2023

Judgment: Appeals dismissed

Lisa Klammer, City of Mentor Prosecutor, 8500 Civic Center Boulevard, Mentor, OH 

44060 (For Plaintiff-Appellee).

Mario Trogrlic, pro se, #2023002384, Lake County Adult Detention Facility, 104 East 

Erie Street, Painesville, OH 44077 (Defendant-Appellant).

JOHN J. EKLUND, P.J.

{¶1} On November 14, 2023, appellant, Mario Trogrlic, pro se, filed a notice of 

appeal from the trial court’s September 25, 2023 sentencing entries. A timely notice was 

due no later than October 25, 2023, which was not a holiday or weekend. Thus, the 

appeals were untimely filed by 20 days.

{¶2} “* * * [A] party who wishes to appeal from an order that is final upon its entry 

shall file the notice of appeal required by App.R. 3 within 30 days of that entry.” App.R. 

4(A)(1).
2

Case Nos. 2023-L-107 and 2023-L-108

{¶3} “(1) After the expiration of the thirty day period provided by App.R. 4(A) for 

the filing of a notice of appeal as of right, an appeal may be taken by a defendant with 

leave of the court to which the appeal is taken in the following classes of cases:

{¶4} “(a) Criminal proceedings; * * * 

{¶5} “(2) A motion for leave to appeal shall be filed with the court of appeals and 

shall set forth the reasons for the failure of the appellant to perfect an appeal as of right. 

* * *.” App.R. 5(A).

{¶6} Appellant has neither complied with the thirty-day rule set forth in App.R. 

4(A)(1) nor sought leave to appeal under App.R. 5(A). Therefore, this court is without 

jurisdiction to consider his appeal. Under the provisions of App.R. 5(A), appellant has a 

remedy to move for leave to file an untimely criminal appeal. 

{¶7} Appeals dismissed, sua sponte, as untimely.

MARY JANE TRAPP, J.,

ROBERT J. PATTON, J.,

concur.
EXHIBIT 32

                            CERTIFICATION PURSUANT TO
                            18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


<PAGE>

EXHIBIT 32


                            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 Quarterly  Report of Life USA, Inc. (the  "Company") on
Form 10-QSB for the period  ending  June 30, 2008 as filed with the  Securities
and Exchange Commission on the date hereof (the "Report").  I, David Kutchinski,
President of the company,  certify,  pursuant to 18 USC Section 1350, as adopted
pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, that to the best of
my knowledge and belief.

        (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/ David Kutchinski
                                         --------------------------------
                                        David Kutchinski, President
Date: August 19, 2008
Editorial Note on Part 260
Editorial Note: Nomenclature changes to part 260 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 260.4c-3 Number of copies; filing; signatures; binding. ( a ) Three copies of every application and of every amendment thereto shall be filed with the Commission at its principal office.
( b ) At least the original of each application or amendment filed with the Commission shall be signed in the manner prescribed by Form T-4 (§ 269.4 of this chapter).
( c ) The application proper and the exhibits thereto shall be bound on the left side in one or more parts, but without stiff covers.
[16 FR 8737, Aug. 29, 1951]
Exhibit 32.1

Certification of the Chief Executive 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 Quarterly Report of Inergy Holdings, L.P. (the Company) on Form 10-Q for the period ended December 31, 2007 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, John J. Sherman, Chief Executive Officer of Inergy Holdings, L.P., certify, pursuant to 18 U.S.C. § 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/ John J. ShermanJohn J. ShermanChief Executive OfficerFebruary 6, 2008


A signed original of this written statement required by Section 906, or other
document authenticating,

acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version
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.
#### Ike Clark v. T. J. Smith, Guardian.

Decided May 10, 1902.

Justice Court—Jurisdiction of Counterclaim—Appeal—Final Judgment.

Where defendant’s counterclaim in the justice court exceeded $200, and the judgment denied plaintiff a recovery, but took no notice of the counterclaim, it disposed of the only issue of which the court had jurisdiction, notwithstanding defendant’s attempt to offset plaintiff’s claim with enough of the counterclaim to reduce the amount thereof for which recovery was sought below $200, and the judgment was therefore a final one, from which an appeal would lie to the county court.

Appeal from the County Court of Eastland. Tried below before Hon. J. E. Stubblefield.

*Earl*Conner, for appellant.

*B.*W. Patterson, for appellee.

STEPHENS, Associate Justice.

The court erred in holding judgment of the Justice Court not to be final, and in dismissing the appeal on that ground, because the aggregate amount of appellee’s counterclaim exceeded $200 and was not therefore within the jurisdiction of the Justice Court, notwithstanding his attempt to offset appellant’s *364claim with enough of the counterclaim to reduce the amount for which appellee sought judgment and execution below $200. Gimbel v. Gomprecht, 35 S. W. Rep., 470; Cain v. Culbreath, 35 S. W. Rep., 809; Miller v. Newbaur, 61 S. W. Rep., 974. The Justice Court judgment denied appellant any recovery, and as it thus disposed of the only issue of which that court had jurisdiction it was appealable, though it took no notice of the counterclaim.

*Reversed and remanded.*
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2023-0604 

_____________________________

DENISE RIGDON,

Appellant,

v.

COMMONWEALTH LAND TITLE 

INSURANCE COMPANY, in its own 

right and as subrogee of 

Jacquelyn Alligood,

Appellee.

_____________________________

On appeal from the Circuit Court for Lafayette County.

Darren K. Jackson, Judge.

July 17, 2024

PER CURIAM.

AFFIRMED.

ROBERTS, RAY, and KELSEY, JJ., concur.
2

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Michelle S. Polom of Law Offices of Michelle S. Polom, P.A., Stuart,

for Appellant.

Michele A. Cavallaro and Alexander Ostrovsky of Fidelity 

National Law Group, Fort Lauderdale, for Appellee.
<PAGE>
                                                                    EXHIBIT 31.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

                    PURSUANT TO RULE 13a-14(a) [SECTION 302]

I, Alison L. May, certify that:

   1. I have reviewed this Form 10-Q of RedEnvelope, 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) [Paragraph omitted pursuant to SEC Release 33-8238];

      (c) 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

      (d) 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 function):

      (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.

/s/ ALISON L. MAY
---------------------------
Alison L. May
Chief Executive Officer

February 8, 2005
§ 285.2 Periodic reports. ( a ) Within 45 days after the end of each of its fiscal quarters, the Bank shall file with the Commission the following information: ( 1 ) Information as to any purchases or sales by the Bank of its primary obligations during such quarter.
( 2 ) Copies of the Bank's regular quarterly financial statements.
( 3 ) Copies of any material modifications or amendments during such quarter of any exhibits (other than ( i ) constituent documents defining the rights of holders of securities of other issuers guaranteed by the Bank and
( ii ) loan and guaranty agreements to which the Bank is a party) previously filed with the Commission under any statute.
( b ) Copies of each annual report of the Bank to its Board of Governors shall be filed with the Commission within 10 days after the submission of such report to the Board of Governors.
[20 FR 588, Jan. 27, 1955]