alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

- 1

- 

### S T A T E O F M I C H I G A N

C O U R T O F A P P E A L S

ADAOBI ONYEJEKWULUM,

Plaintiff

- Appellant, UNPUBLISHED
March 16, 2023

v No. 361167

Oakland Circuit Court
EMEKA ONYEJEKWULUM, LC No. 2019

- 877692

- DM

Defendant

- Appellee.

Before: M URRAY

, P .J., and R IORDAN and Y ATES , JJ.

M URRAY

, P.J. ( concurring in part and dissenting in part )

.

In the approximately three and a half pages of argument contained in plaintiff’s brief on appeal, she posits two arguments: (1) that the trial court lacked the authority to decide defendant’s motion to allocate child tax credits, and (2) the trial court ab used its discretion in not conducting oral argument on the motion. I concur in the majority’s resolution of the second issue, as oral argument is not required to be held on motions, see MCR 2.119(E)(3) and City of Westland v

Kodlowski , 298 Mich App 647, 6 6 2 ; 828 NW2d 67 (2012), vacated in part on other grounds 495 Mich 871 (2013). With respect to the first issue, I concur that the trial court did not err in addressing defendant’s motion. However, I would go no further in the analysis. Plaintiff, who has counsel on appeal, has not primed the appellate pump with any argument, case law or statute relative to the substance of the trial court’s decision, and we should not make the argument for

him. Mitcham v Detroit , 355 Mich 182, 203 ; 94 NW2d 388 (1959) . I would affirm.

/s/ Christopher M. Murray
Exhibit 31



CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Nancy M. Harvey, certify that:



1. I have reviewed this quarterly report on Form 10-Q of TenFold Corporation;



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. I am 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 my
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) evaluated the effectiveness of the
registrants disclosure controls and procedures and presented in this report my 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



(c) 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 that has materially affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and



5. I have disclosed, based on my
most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of 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/ Nancy M. Harvey                                            
|Nancy M. Harvey                                                
|President, Chief Executive Officer, and Chief Financial Officer
|May 11, 2005
No. 51330.

#### Protests 821300-G, etc., of Alexander & Baldwin, Ltd., et al. (Honolulu).

Opinion by

Cole, J.

The protests were dismissed.
# C_2017022EN.01000202.xml

| 23.1.2017 | EN | Official Journal of the European Union | C 22/2 |
| --- | --- | --- | --- |

23.1.2017

EN

Official Journal of the European Union

C 22/2

---

Request for a preliminary ruling from the Naczelny Sąd Administracyjny (Poland) lodged on 16 September 2016 — AZ v Minister Finansów

(Case C-499/16)

(2017/C 022/03)

Language of the case: Polish

Referring court

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings

Parties to the main proceedings

AZ, Minister Finansów

Question referred

Question referred

Does the fact of making the rate of taxation for pastry goods and cakes depend solely on the criterion of the ‘use-by date’ and the ‘best-before date’, as in the case of those goods in Article 41(2) of the Ustawa o podatku od towarów i usług (Law on tax on goods and services) of 11 March [2004] (Dziennik Ustaw of 2011, No 177, item 1054, as amended), in conjunction with Heading 32 of Annex 3 to that law, infringe the principle of VAT neutrality and the prohibition of unequal treatment of goods within the meaning of Article 98(1) and (2) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax? (1)

Dziennik Ustaw

1

---

(1)  OJ 2006 L 347, p. 1.

1

---
EXHIBIT 13.2



CERTIFICATION OF 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 Annual Report on Form 20-F of Alto
Palermo S.A. (APSA) (the Company) for the year ended June 30, 2004 as filed with the U.S. Securities and Exchange Commission on the date hereof (the Report), Alejandro G. Elsztain, as Chief Executive Officer of the Company,
hereby certifies, 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 and 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/ ALEJANDRO G. ELSZTAIN
|Alejandro G. Elsztain    
|Chief Executive Officer  
|Alto Palermo S.A.        

Dated: December 29, 2004.



This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except as to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities and Exchange Act of 1934, as amended.
<PAGE>
Exhibit 32.2

                          WESTERN RESERVE BANCORP, INC.
                                   FORM 10-QSB
                        Quarter ended September 30, 2003

                       CERTIFICATION OF FINANCIAL RESULTS

I, Cynthia A. Mahl, the Senior Vice President and Chief Financial Officer of
Western Reserve Bancorp, Inc., hereby certify the following:

         -      This Form 10-QSB fully complies with the requirements of
                Sections 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 position and results of
                operations of Western Reserve Bancorp, Inc. as of and for the
                periods presented.


                                   /s/ Cynthia A. Mahl
                                   Cynthia A. Mahl
                                   Senior Vice President/Chief Financial Officer
                                   November 14, 2003
Before the Third Division,

April 1, 1968

No. P68/188.

protests 66/10887, etc. (San Francisco).

#### Japan Food Corporation and Hoyt, Shepston & Sciaroni et al. *v.*United States,

Bichardson, J.

In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of Bamen and similar styled alimentary pastes containing eggs or egg products *1030similar in all material respects to those the subject of *Fujii Junichi Shoten, Ltd., et al.*v. *United States*(54 Cust. Ct. 277, C.D. 2544), the claim of the plaintiffs was sustained.
April 15, 1965

Reap. Dec. 10954.

#### Ecclesiastical Art, Ltd. *v.*United States,

Reappraisement dismissed March 10, 1965.

REHEARING MOTIONS GRANTED

Motion by plaintiff.
No. 51604.

#### Protests 77546-K, etc., of Coty, Inc., et al. (New York).

Opinion by

Oliver, P. J.

• Following the authorities cited in Abstract 15400 the court dismissed the protests.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARIA A. MONTEVERDE, : CIVIL ACTION 

Plaintiff :

:

v. :

:

PPL ELECTRIC UTILITIES CORP., :

Defendants : NO. 02-4214

ORDER

AND NOW, this ____ day of January, 2003, upon

consideration of the plaintiff’s motion to vacate (Docket No. 9),

the defendant’s response thereto, and following a telephonic

conference on January 29, 2003, IT IS HEREBY ORDERED that the

motion is GRANTED on the condition that, on or before February

13, 2003, the plaintiff shall return all monies received from the

defendant as part of the settlement of her worker’s compensation

claim against the defendant.

BY THE COURT:

______________________________

MARY A. McLAUGHLIN, J.

Case 2:02-cv-04214-MAM Document 13 Filed 01/30/2003 Page 1 of 1
**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE**

**SARBANES-OXLEY      ACT OF 2002**

|                                                |                                                                                                                                            |                                 |
|-----------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------|
|                                           |                                                                                                                                       |                            |
| Dated:                April                17, 2006 | By:                                                                                                                                   | /s/ Dwaine                Reese |
|                                                | Dwaine                  Reese, Chief                  Executive Officer and Chairman ofthe                  Board (Principal Executive Officer) |

|                                                    |                                                                                                      |                                    |
|---------------------------------------------------------|-----------------------------------------------------------------------------------------------------------|-----------------------------------------|
|                                               |                                                                                                 |                               |
| Dated:                  April                  17, 2006 | By:                                                                                             | /s/ Richard                  Dicks |
|                                                    | Richard                    Dicks, Chief Financial Officer(Principal                    Financial Officer) |

----
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

AMERICAN EQUIPMENT : CIVIL ACTION

:

 :

 v. :

:

 : 

SIDDIQI : NO. 02-2758

O R D E R

AND NOW, this 19th day of December, 2002, in accordance with the court's

procedure for random reassignment of cases, it is hereby

ORDERED that the above-captioned case is reassigned from the calendar of

the Honorable Petrese B. Tucker to the calendar of the Honorable James Knoll Gardner.

 FOR THE COURT:

 JAMES T. GILES 

 Chief Judge

 ATTEST:

 ___________________

 MICHAEL E. KUNZ

 Clerk of Court

Case 2:02-cv-02758-PBT Document 9 Filed 12/19/2002 Page 1 of 1
<PAGE>

                                                                    EXHIBIT 14.1

            Consent of Independent Registered Public Accounting Firm

The Management Board and Supervisory Board
Allianz Aktiengesellschaft

     We consent to the incorporation by reference in the Registration Statement
on Form S-8 relating to the Allianz of America, Inc. Employee Stock Purchase
Plan of Allianz Aktiengesellschaft ("Allianz") of our report dated July 15,
2004, with respect to the consolidated balance sheets of Allianz and its
subsidiaries (collectively, the "Allianz Group") as of December 31, 2003 and
2002, and the related consolidated income statements, consolidated statements of
movements in shareholders' equity and consolidated cash flow statements for each
of the years in the three-year period ended December 31, 2003, and the financial
statement Schedules I, II, III and IV, which report appears in the December 31,
2003 Annual Report on Form 20-F of Allianz.

     Our report refers to a restatement of the Allianz consolidated financial
statements for the year ended December 31, 2002.

/s/ KPMG DEUTSCHE TREUHAND-GESELLSCHAFT
Aktiengesellschaft
Wirtschaftsprufungsgesellschaft

KPMG Deutsche Treuhand-Gesellschaft
Aktiengesellschaft
Wirtschaftsprufungsgesellschaft

Munich, Germany
July 15, 2004
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

IL/Research

09-35131

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

CALVIN ROUSE,

 Plaintiff - Appellant,

 v.

DOUG WADDINGTON; et al.,

 Defendants - Appellees.

No. 09-35131

D.C. No. 3:06-cv-05183-RJB

MEMORANDUM *

Appeal from the United States District Court

for the Western District of Washington

Robert J. Bryan, District Judge, Presiding

Submitted March 16, 2010** 

Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.

Calvin Rouse, a Washington state prisoner, appeals pro se from the district

court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging

discriminatory placement in administrative segregation, deliberate indifference to

FILED

MAR 31 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
IL/Research

2 09-35131

serious medical needs, and excessive force. We have jurisdiction under 28 U.S.C.

§ 1291. We review de novo the district court’s summary judgment, Toguchi v.

Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and for abuse of discretion its refusal

to appoint counsel, Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991), and we

affirm.

The district court properly granted summary judgment for defendants on

Rouse’s discrimination claim because Rouse offered no evidence that prison

officials were motivated by discriminatory animus against Rouse on the basis of

his race or religion when they placed him in administrative segregation. See

Forsberg v. Pac. Northwest Bell Tel. Co., 840 F.2d 1409, 1419 (9th Cir. 1988)

(“[P]urely conclusory allegations of alleged discrimination, with no concrete,

relevant particulars, will not bar summary judgment.”).

The district court properly granted summary judgment for defendants on

Rouse’s claim that they were deliberately indifferent to his skin infection, which

Rouse concedes medical staff treated. See Toguchi, 391 F.3d at 1060 (“A showing

of medical malpractice or negligence is insufficient to establish a constitutional

deprivation under the Eighth Amendment.”).
IL/Research

3 09-35131

The district court properly granted summary judgment for defendants on

Rouse’s claim that they subjected him to excessive force because Rouse failed to

raise a triable issue as to whether correctional officers acted in a good-faith effort

to restore order or maliciously and sadistically to cause harm. See Hudson v.

McMillian, 503 U.S. 1, 6-7 (1992).

The district court did not abuse its discretion by failing to appoint counsel

for Rouse because, to the extent Rouse had sought the appointment of counsel, he

did not establish the requisite exceptional circumstances. See Terrell, 935 F.2d at

1017 (affirming refusal to appoint counsel where plaintiff’s writing and legal

knowledge were sufficient, matter was not substantially complex, and plaintiff was

unlikely to succeed on merits).

Rouse’s remaining contentions are unpersuasive.

AFFIRMED.
TTél

ABN-AMRO Mt oh shonat tone *
r YY ‘i

Chief Financial Officer

ABN AMRO North America, inc.
135 South LaSalie Street
Chicago, Ulinois 60603

September 14, 1999 1312) 904 8520

Ms. Cynthia L. Johnson, Director

Cash Management Policy & Planning Division
Financial Management Service

401 14th Street, SW Room 420
Washington, DC 20227

Dear Ms. Johnson:

The use of LBNA’s investment securities as collateral for the investment
component of the Treasury Tax and Loan (TT&L) program is currently only
marginally profitable for the bank.

© The average utilization of 25% of the TT&L ceiling means that 75% of the
time the collateral that is specifically reserved for this program is not used.
In other words, the Bank could significantly increase secured purchased
funds (and reduce our funding costs) if we did not participate in this
program.

e TT&L investment balances are volatile. 100% “C” calls can fully deplete
large TT&L deposits without any advanced warning, forcing the Bank into
the interbank market at the same time that other depositories are losing
TT&L balances. Unanticipated direct deposits can increase our level of
liabilities beyond the point where we need them.

The current rate for TT&L investments is attractive. However, Fed Funds —25
only marginally compensates us for Treasury's free option to increase or
decrease TT&L balances.

If the Treasury adopts the new proposal and increases our borrowing cost to
Fed Funds -2 basis points, we will no longer participate in the program.

Sincerely,

homes ¢ Noagy

CC: Mr. Ron Piatek, Manager
Treasury Tax & Loan Dept, Chicago Branch

Mr. Harrison Tempest, Chairman & Chief Executive Officer
ABN AMRO North America, Inc.
**Exhibit 21.1**

 

**List ofSubsidiaries**

 

Weoperate through ten direct and indirect wholly-owned subsidiaries, including:

 

•      INTAC International Holdings Limited, a Hong Kong corporation formed on January 3,2001, which acts as our primary distributor of telecommunications products intothe Asia-Pacific Rim;

 

•      INTAC Holdco Corp., a Delaware corporation formed on October 10,2001, which holds certain of the shares of INTAC International HoldingsLimited;

 

•      Global Creative International Limited, a Hong Kong corporation formed on March 15,2002, which acts as a distributor of refurbished telecommunications productsinto the Asia-Pacific Rim;

 

•      Beijing Huana Xinlong Information and Technology Development Co.,Ltd,  a China corporation acquired in December 2004,which is a leading Chinese developer of management software for educationalinstitution administration;

 

•      FUTAC Group Limited, a British Virgin Islands corporation formed on January 2,2002, which imports automobiles for distribution into mainland China;

 

•      INTAC Telecommunications Limited, a Hong Kong corporation formed on March 8,2002, which acts as a distributor of telecommunications products into theAsia-Pacific Rim;

 

•      Intac (Tianjin) International Trading Co., formerly “Intac Auto MobileTrading Company Limited”, a China corporation formed on April 9, 2002,which imports automobiles for distribution into mainland China;

 

•      INTAC Deutschland GmbH, a German corporation formed on September 1,2004, which acts as our primary purchasing agent and distributor of productsfrom Europe into the Asia-Pacific Rim;

 

•      Beijing Intac Media Advertising Company Limited, a China corporationformed on September 15, 2004, which provides advertising services throughIntac Purun; and

 

•      Beijing Intac Meidi Technology Development Company Limited, a Chinacorporation formed on September 21, 2004, which provides value addedservices through Intac Purun.

 

Wealso operate through a 60% owned subsidiary:

 

•      Beijing Intac Purun Educational Development Limited, a China corporation formedin October 2003, which provides comprehensive employment information overits Internet portal to facilitate students’ employment search and future careerdevelopment.

 

----
William L. McLaughlin, Jr., Esq. Attorney for Plaintiff

Attorney I.D. No. 48307

William L. McLaughlin Law Offices

23 South Valley Road

P.O. Box 494

Paoli, PA 19301

(610)644-4545

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

___________________________________

KRISTEN M. LEONARD : CIVIL ACTION

Plaintiff, :

: No. 02-CV-4156 

v. :

:

MONTGOMERY INSURANCE SERVICES, INC.:

Defendant. :

___________________________________

CERTIFICATE OF SERVICE

I, William L. McLaughlin, Jr., Esquire, do hereby certify 

that a true and correct copy of PLAINTIFF KRISTEN M. LEONARD'S 

REPLY TO DEFENDANT MONTGOMERY INSURANCE SERVICES,INC.'S PARTIAL 

MOTION TO DISMISS COMPLAINT PURSUANT TO FED.R.CIV.P.12(b)(6) and 

accompanying MEMORANDUM OF LAW was served upon all parties by 

first class mail at the following address:

Ronda K. O'Donnell, Esq.

Marshall, Dennehey, Warner, Coleman & Goggin

1845 Walnut Street

Philadelphia, PA 19103-4797

_____________________________

William L. McLaughlin, Jr.

Dated:___________________

Case 2:02-cv-04156-MMB Document 5-3 Filed 10/01/2002 Page 1 of 1