alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N OTE : This disposition is nonprecedential.


# United States **Court of Appeals**  **for the Federal Circuit**

______________________

ICON HEALTH & FITNES S, INC., Appellant

v.

JOHNSON HEALTH TECH CO. LTD., JOHNS ON HEALTH TECH NORTH AM ERICA, INC., Appellees

______________________

2015

- 2027

______________________
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2014

- 00184.

______________________

JUDGMENT

______________________

R OBERT P ARRISH F REEMAN
, J R

. , Maschoff Brennan Laycock Gilmore Israelsen & Wright PLLC, Salt Lake City, UT, a rgued for appellant. Also represented by L ARRY L AYCOCK
, M ARK W. F ORD

.

J OHN C. S CHELLER , Michael Best & Friedrich, LLP, Madison, WI, argued for appellee s. Also represented by A NDREW D UFRESNE ; K EVIN M ORAN
, Waukesha, WI

.

______________________T HIS C AUSE having been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (D YK
, M OORE
, and H UGHES
, Cir cuit Judges ).

AFFIRMED

. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

May 5, 2016 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court
#### The People of the State of New York, Respondent, v Cesar Rojas, Appellant.

[833 NYS2d 70]

Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered May 18, 2006, which denied defendant’s motion to be resentenced, unanimously reversed, on the law, and the matter remanded to Supreme Court for it to exercise its discretion and determine, either on the current record or on the basis of any additional submissions the parties might make, whether substantial justice dictates that the application should be denied, and, if not, to inform defendant of the new sentence it would impose.

The motion court erred in denying, on the apparent ground of ineligibility, defendant’s motion to be resentenced in accordance with the 2005 Drug Law Reform Act (L 2005, ch 643). Since defendant is a person serving a sentence for an A-II drug felony, he is eligible for resentencing pursuant to the Act, and, as the People concede, he is thus entitled to a remand for further proceedings on the motion as indicated *(see People v LaFontaine,*36 AD3d 474 [2007]; *People v Arana,*32 AD3d 305 [2006]). As in those cases, we reject as meritless defendant’s contention that the motion should be reassigned to a different Justice, and we decline to reach any other issues. Concur—Saxe, J.E, Friedman, Sweeny, McGuire and Malone, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FAMOUS
DAVE'S OF AMERICA, INC. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS FOR
THE THREE MONTHS ENDED APRIL 2, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH 10-Q.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-03-2000
<PERIOD-END>                               APR-02-2000
<CASH>                                             987
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                      1,259
<CURRENT-ASSETS>                                 3,537
<PP&E>                                          48,146
<DEPRECIATION>                                   7,268
<TOTAL-ASSETS>                                  45,158
<CURRENT-LIABILITIES>                            8,566
<BONDS>                                          9,496
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        43,391
<OTHER-SE>                                    (16,295)
<TOTAL-LIABILITY-AND-EQUITY>                    45,158
<SALES>                                         15,091
<TOTAL-REVENUES>                                15,091
<CGS>                                            4,980
<TOTAL-COSTS>                                   14,829
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 225
<INCOME-PRETAX>                                     51
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                 51
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        51
<EPS-BASIC>                                        .01
<EPS-DILUTED>                                      .01


</TABLE>
Editorial Note on Part 17
Editorial Note: Nomenclature changes to part 17 appear at 87 FR 8196, Feb. 14, 2022.

§ 17.12 Action on approved claim. ( a ) Payment of a claim approved under this subpart is contingent on claimant's execution of: ( 1 ) A *Claim for Damage or Injury,* Standard Form 95;
( 2 ) a claims settlement agreement; and
( 3 ) a *Voucher for Payment,* Standard Form 1145, as appropriate. When a claimant is represented by an attorney, the voucher for payment shall designate both the claimant and his attorney as payees, and the check shall be delivered to the attorney, whose address shall appear on the voucher.
( b ) Acceptance by the claimant, his agent, or legal representative of an award, compromise, or settlement made under section 2672 or 2677 of Title 28, United States Code, is final and conclusive on the claimant, his agent or legal representative, and any other person on whose behalf or for whose benefit the claim has been presented, and constitutes a complete release of any claim against the United States and against any officer or employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter.
Exhibit
32.1





(a)
Certification of Quarterly Report by Chief Executive Officer.





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 GraphOn Corporation (the “Company”) on
Form 10-Q for the period ended September 30, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Robert Dilworth,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,
as adopted pursuant to § 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/ Robert
Dilworth________


Robert
Dilworth


Chief
Executive Officer


November
16, 2009












(b)
Certification of Quarterly Report by Chief Financial Officer.







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 GraphOn Corporation (the “Company”) on
Form 10-Q for the period ended September 30, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, William Swain,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,
as adopted pursuant to § 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/ William
Swain________


William
Swain


Chief
Financial Officer


November
16, 2009
Famous Daves of America, Inc.  Restricted Stock Agreement
 Restricted Stock Agreement Agreement Company Director
 Background
 Board Non-Employee Director
 Plan
 Now, Therefore,
 Grant of Stock Shares Shares
 Rights of Director provided, however,
  Restrictions




---



##### 



Lapse of Restrictions
 No. of Shares
    
    Date of Lapse6,250
    
    August 5, 20096,250
    
    November 5, 20096,250
    
    February 5, 20106,250
    
    May 5, 2010
  Copy of the Plan
 Continuation of Service as Director
 Withholding of Tax
 Section 83(b) Election
 2




---



##### 



Code
 General
       IN WITNESS WHEREOF
 Famous Daves of America, Inc.By:

/s/
Diana Garvis PurcelName:
    Diana
Garvis PurcelTitle:
    Chief
Financial Officer and Secretary/s/
K. Jeffrey DahlbergK. Jeffrey Dahlberg  3
#### § 220.840 Issue date of debentures.

The debentures shall be issued as of the date of the execution of the assignment of the loan to the Commissioner.
Case 3:08-cv-05385-BZ Document 47 Filed 05/10/10 Page 1 of 1
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

November 2, 2005 Clifford W. Taylor,
Chief Justice

128602 Michael F. Cavanagh

Elizabeth A. Weaver Marilyn Kelly MICHELLE GOWER, Personal Maura D. Corrigan Robert P. Young, Jr. Representative of the Estate of Stephen J. Markman, Edwin Gower, Deceased, Justices Plaintiff-Appellant,

v SC: 128602 COA: 257970 Ingham CC: 03-000299-NH JAMES HARKEMA, M.D., CHRISTOPHER SEIP, M.D., BENJAMIN B. MOSHER, M.D., CHRISTOPHER ABOOD, M.D., TONIA REINCKE, PA-C, SPARROW HOSPITAL, GREG A. HOWELLS, M.D., KEITH BLUM, D.O., CHRISTINA MASER OHM, M.D., KEVIN KRAUSE, M.D., GREGORY NOWINSKI, M.D., JULIE STEIN, M.D., and WILLIAM BEAUMONT HOSPITAL, ROYAL OAK, Defendants,

and

GEORGE ARTHUR WILLIAMS, M.D., and ASSOCIATED RETINAL CONSULTANTS, P.C., Defendants-Appellees.

________________ _______________ __________/

On order of the Cour t, the application for leave to appeal the March 22, 2005 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

C AVANAGH and K ELLY , JJ., would grant l eave to appeal.

l1026 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 2, 2005

Clerk
#### § 96.80 [Reserved]
April 26, 2010

Case 3:09-cv-00350-MMC Document 91 Filed 04/26/10 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FAMOUS
DAVE'S OF AMERICA, INC. AND SUBSIDIARIES CONDENSED CONSOLIDATED FINANCIAL
STATEMENTS FOR THE NINE MONTHS ENDED SEPTEMBER 28, 1997 AS FILED ON FORM 10-QSB
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 10-QSB.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-28-1997
<PERIOD-START>                             DEC-30-1996
<PERIOD-END>                               SEP-28-1997
<CASH>                                      10,162,105
<SECURITIES>                                13,818,251
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                    268,349
<CURRENT-ASSETS>                            25,144,566
<PP&E>                                      18,055,020
<DEPRECIATION>                                 567,366
<TOTAL-ASSETS>                              42,632,220
<CURRENT-LIABILITIES>                        1,846,477
<BONDS>                                      1,484,537
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    42,021,928
<OTHER-SE>                                 (2,720,722)
<TOTAL-LIABILITY-AND-EQUITY>                42,632,220
<SALES>                                     12,140,154
<TOTAL-REVENUES>                            12,140,154
<CGS>                                        4,496,011
<TOTAL-COSTS>                               15,003,112
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           (473,897)
<INCOME-PRETAX>                            (2,389,061)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,389,061)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,389,061)
<EPS-PRIMARY>                                    (.35)
<EPS-DILUTED>                                    (.35)
        

</TABLE>
NOx SO2

Distance to nearest 

Class I area (km) Sum:SO2+NOx(tons) Q/d (tons/km)

COLSTRIP STEAM ELECTRIC STATION2

10,609 5,145 193 15,754 82

PLUM CREEK MANUFACTURING LP COLMB FLS 1,049 18 13 1,067 82

EXXON-MOBIL BILLINGS REFINERY1

431 588 161 1,019 6

STONE CONTAINER 1,116 199 41 1,315 32

PPL MONTANA - J. E. CORETTE PLANT 1,703 3,135 136 4,838 36

MDU - LEWIS & CLARK STATION 796 781 54 1,576 29

CENEX HARVEST STATES1

509 218 161 727 5

MONTANA SULPHUR & CHEMICAL 5 2,403 161 2,408 15

YELLOWSTONE ENERGY LIMITED PARTNERSHIP 379 1,549 141 1,928 14

ROSEBURG FOREST PRODUCTS 512 6 44 518 12

OCEAN ENERGY INC BLAINE COUNTY #1 1,155 0 107 1,155 11

COLSTRIP ENERGY LTD PARTNERSHIP 537 705 117 1,242 11

CONOCO-PHILLIPS1

499 588 136 1,087 8

MONTANA REFINING1

111 11 77 122 2

1 Emissions were from 2009 NEI

2

Emssions were from 2010 as reported to CAMD

Annual Emissions 

2002(tons)

Summary of Q/D Analysis
Exhibit 4.5
 
	
	SPECIMEN
THIS CERTIFIES THATIS THE OWNER OF
SEE REVERSE FOR IMPORTANT NOTICE REGARDING OWNERSHIP ANDTRANSFER RESTRICTIONS AND CERTAIN OTHER INFORMATION
transferable on the books of the Company in person or by attorney upon surrender of this certificate duly endorsed or assigned.  This Certificate and the shares represented hereby are subject to the laws of the Cayman Islands and to the Memorandum and Articles of Association of the Company, as now or as hereafter amended.  This Certificate is not valid until countersigned by the Transfer Agent.
DIRECTOR
INCORPORATED UNDER THE LAWS OF THE CAYMAN ISLANDS CLASS A ORDINARY SHARES
FULLY PAID AND NON-ASSESSABLE CLASS A ORDINARY SHARES, $0.000005  VALUE PER SHARE, OF
ECARX Holdings Inc.
CUSIP G29201 10 3






	
	The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -as tenants in common TEN ENT -as tenants by the entireties
JT TEN
-
as joint tenants with right ofsurvivorship and not as tenantsin commonUNIF GIFT MIN ACT------Custodian-----(Cust) (Minor) under Uniform Gifts to Minors Act _______ _ TTEE -trustee under Agreement dated ______(State) Additional abbreviations may also be used though not in the above list. For value received, ______ hereby sell, assign and transfer unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING POSTAL ZIP CODE OF ASSIGNEE.
_______________________________  Class A.Ordinary Shares represented by this certificate and do hereby irrevocably constitute and appoint
attorney, to transfer the said share on the books of the within-named Company with full power of substitution in the premises. DATED _________
SIGNATURE GUARANTEED: NOTICE:The signature to this assignment must correspond with the name as written upon the face of the certificate in every particular without alteration or enlargement or any change whatever.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE COMBINED
AND  CONSOLIDATED   FINANCIAL   STATEMENTS  OF  TRENDWEST   RESORTS,   INC.  AND
SUBSIDIARIES  AND IS QUALIFIED  IN ITS  ENTIRETY BY REFERENCE TO SUCH  FINANCIAL
STATEMENTS.
</LEGEND>
<CIK>                         0001021252
<NAME>                        Trendwest Resorts, Inc.
<MULTIPLIER>                                   1,000

<S>                                      <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                        DEC-31-2000
<PERIOD-START>                            JAN-1-2000
<PERIOD-END>                             MAR-31-2000
<CASH>                                         8,762
<SECURITIES>                                       0
<RECEIVABLES>                                 96,024
<ALLOWANCES>                                  16,912
<INVENTORY>                                   51,191
<CURRENT-ASSETS>                                   0
<PP&E>                                        29,582
<DEPRECIATION>                                 3,832
<TOTAL-ASSETS>                               220,612
<CURRENT-LIABILITIES>                              0
<BONDS>                                            0
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<COMMON>                                      56,997
<OTHER-SE>                                   123,971
<TOTAL-LIABILITY-AND-EQUITY>                 220,612
<SALES>                                       62,863
<TOTAL-REVENUES>                              73,544
<CGS>                                         14,591
<TOTAL-COSTS>                                 15,013
<OTHER-EXPENSES>                              37,830
<LOSS-PROVISION>                               4,604
<INTEREST-EXPENSE>                                47
<INCOME-PRETAX>                               16,050
<INCOME-TAX>                                   6,380
<INCOME-CONTINUING>                                0
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                   9,670
<EPS-BASIC>                                    .57
<EPS-DILUTED>                                    .57



</TABLE>
<PAGE>
Exhibit 99.1


                   Certification Pursuant to 18 U.S.C.ss.1350

         In  connection  with the filing with the United States  Securities  and
Exchange Commission of Emergent Group Inc.'s (the "Company") Quarterly Report on
Form 10-QSB for the period ended March 31, 2003 (the "Report"), the undersigned,
the Chief  Executive  Officer and the Chief  Financial  Officer of the  Company,
hereby  certify that (i) in our  capacities as officers of the Company,  (ii) to
each of our own respective actual knowledge, and (iii) solely for the purpose of
compliance with 18 U.S.C.ss.1350, that:

         (1)      the Report fully complies with the requirements of ss.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.

                  The above  certification is given as of the date of the Report
         and is  limited  to  the  periods  covered  by the  Report.  The  above
         certification is made severally and not jointly.

                  IN  WITNESS  WHEREOF,   the  undersigned  have  executed  this
Certificate on May 12, 2003.

                                   By:  /s/ Bruce J. Haber
                                            --------------
                                            Bruce J. Haber
                                            Chairman and Chief Executive Officer


                                       19
<PAGE>
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Uni

ted 

Stat

es D

istr

ict C

ourt

For t

he N

orth

ern 

Dis

trict

 of C

alifo

rnia

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

FRANK FAHY,

Plaintiff,

    v.

ORPHEOS TARBOX, et al.,

Defendants                                                                      /

No. C-09-1420 MMC

ORDER DENYING REQUEST FORREASSIGNMENT

The Court is in receipt of two documents, each titled “Letter to Judge Chesney,” filed

February 19, 2010 by defendant Alec Steiner.  In said documents, defendant requests the

above-titled action be reassigned to a different judge.

Having read and considered defendant’s request, the Court hereby DENIES the

request, for the reason the request is both procedurally improper, see 28 U.S.C. § 144, and

legally insufficient, see United States v. Sibla, 624 F.2d 864, 868 (9th Cir. 1980) (finding

motion for recusal “legally insufficient,” where motion was “devoid of specific fact

allegations tending to show personal bias stemming from an extrajudicial source”).

IT IS SO ORDERED.

Dated:  February 26, 2010                                                   MAXINE M. CHESNEYUnited States District Judge

Case 3:09-cv-01420-MMC   Document 102   Filed 02/26/10   Page 1 of 1

    -       - Superintendent of Documents
      - 2018-03-12T23:20:41-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
·

## -~~Us_E!-N_cLa-/1JA~:U~------------.:__**I~'S'AI** 7 

### '1/'·**~.** . L/Lr1_, __ L23_L**1~-.,--__:__---,-_,____--:---------,-----~--"--**

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### _2C~)Sfk'J-.**{)~~: ziv!-L---~--------_.,­**  . · _/LtJo · 

### Ph1**~56.** - · · _ ..

## ~asi~a~2~~22~~~.-~-------~-~ 

# ·_**~c~~~;-.-·--------~--~~--~--~~--~~** 

## .**~~c,e~~~** 

## . .4#aA:_I- G!.l&i:_ ____________ _ JP_ 6 . 

### /!; o '/ /;;._3 

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## SIR/o:V .. · · ·**~Cf~~~**



## . • Jvsf.;;**~;~:r** 

### 7871/. · AUG 20 2015

. . - . .**~ltD®~~p~fik·**
### §7574. Definitions

Terms used in this part (other than Administrator) shall have the same meaning as such terms have under section 40102(a) of title 49.

(July 14, 1955, ch. 360, title II, §234, as added Pub. L. 91–604, §11(a)(1), Dec. 31, 1970, 84 Stat. 1705.)

#### **Editorial Notes**

#### Codification

In text, "section 40102(a) of title 49" substituted for "section 101 of the Federal Aviation Act of 1958" on authority of Pub. L. 103–272, §6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Section was formerly classified to section 1857f–12 of this title.