alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## 2006 D e c i sion s O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit
10-25-2006 

# I n Re: George S ale mo P r e c e de n t i al or N on-P r e c e de n t i al : N on-P r e c e de n t i al D ocke t N o . 06-3730

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## HPS-149 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO. 

## 06-3730

________________ 

## IN RE: GEORGE SALEMO, Petitioner

____________________________________ On Petition for a Writ of Mandamus from the United States District Court for the

Eastern District of Pennsylvania (Related to E.D. Pa. Crim. No. 92-cr-00547)

_____________________________________ Submitted Under Rule 21, Fed. R. App. P. August 31, 2006 Before: CHIEF JUDGESCIRICA, WEIS AND GARTH, CIRCUIT JUDGES (Filed : October 25, 2006)

_______________________ OPINION

_______________________ PER CURIAM George Salemo has filed a mandamus petition pursuant to 28 U.S.C. § 1651, seeking, in essence, to compel the District Court for the Eastern District of Pennsylvania to comply with an order issued by this Court in his prior action docketed at C.A. No. 04- 1530, see In re Salemo , 130 Fed.Appx. 564, 2005 WL 1111761 (3d Cir. May 11, 2005), and assert jurisdiction over his motion filed pursuant to 28 U.S.C. § 2255. After Salemo

## filed his mandamus petition, the District Court entered an order rescinding its prior order wherein it had concluded that it lacked jurisdiction to consider his § 2255 motion. In accordance with our decision in In re Salemo , 130 Fed.Appx. at 566, 2005 WL 1111761, *2, the District Court indicated that it would consider Salemo’s motion as if it were the first § 2255 motion filed by petitioner. Additionally, the District Court entered an order on October 5, 2006, directing the government to file a response to Salemo’s § 2255 motion within thirty days. Accordingly, insofar as the District Court has done that which Salemo has sought to have this Court compel it to do, the petition for a writ of mandamus will be denied as moot.
# C_2007247EN.01003301.xml

| 20.10.2007 | EN | Official Journal of the European Union | C 247/33 |
| --- | --- | --- | --- |

20.10.2007

EN

Official Journal of the European Union

C 247/33

---

Judgment of the Court of First Instance of 12 September 2007 — ColArt/Americas/OHIM (BASICS)

(Case T-164/06) (1)

1

(Community trade mark - Application for the Community word mark BASICS - Absolute grounds for refusal - Lack of distinctive character - Descriptive mark - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Distinctive character acquired through use - Article 7(3) of Regulation No 40/94)

(2007/C 247/53)

Language of the case: English

Parties

Applicant: ColArt/Americas, Inc (Piscataway, New Jersey, United States) (represented by: E. Soler Borda and R. Zeineh, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Defendant:

Re:

Application for annulment of the decision of the Fourth Board of Appeal of OHIM of 7 April 2006 (Case R 788/2005-4) refusing to register the word mark BASICS as a Community trade mark.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders ColArt/Americas, Inc. to pay the costs. |
| --- | --- |

2.

Orders ColArt/Americas, Inc. to pay the costs.

---

(1)  OJ C 190, 12.8.2006.

1

---
Exhibit 31.1

 

CERTIFICATION PURSUANT TO

RULE 13a-14(a) and 15d-14(a) UNDER THE SECURITIES EXCHANGE ACT OF 1934,

AS AMENDED

 

I, Alan Thian, Chairman, President and Chief Executive Officer of RBB Bancorp, certify that:

 

|   | 1. | I have reviewed this Amendment No. 1 on Form 10-K/A to the Annual Report on Form 10-K of RBB Bancorp for the year ended December 31, 2017; and |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------|

 

|   | 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. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

 

 

 

| Date: May 25, 2018 | By:    | /s/ YEE PHONG (ALAN) THIAN                      |
|--------------------|--------|-------------------------------------------------|
|               |   | Yee Phong (Alan) Thian                          |
|               |   | Chairman, President and Chief Executive Officer |
CERTIFICATION OF
          CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Quarterly Report on Form 10-QSB of Fiorano,
Inc. for the quarter ended March 31, 2004, I, Ed Ganter, Chief Executive Officer
and Chief Financial Officer of Fiorano, Inc. hereby certifies pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, to the best of my knowledge and belief, that:

     1.   Such Quarterly Report on Form 10-QSB for the period ended March 31,
          2004, 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 such Quarterly Report on Form 10-QSB for
          the period ended March 31, 2004, fairly presents, in all material
          respects, the financial condition and results of operations of
          Fiorano, Inc.

Dated:  May 17, 2004

Fiorano, Inc.


By: /s/ Ed Ganter
-------------------------------------
Chief Executive Officer
Chief Financial Officer
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

AMERICAN PREMIUM INVESTMENTS, :

LLC., :

:

Plaintiff, :

: Case No. C2-11-CV-167

v. :

: JUDGE ALGENON L. MARBLEY

MIDWEST REAL ESTATE :

CONSULTANTS, LLC., et al., :

 : Magistrate Judge Terrence P. Kemp

Defendants. :

ORDER

This matter is before the Court on the Plaintiff’s Motion for Default Judgment (Doc. 9). 

The Plaintiff and the Defendants entered into a construction contract for the rehabilitation

of a fourteen-unit property that the Plaintiff owns in Columbus, Ohio. The Plaintiff claims that,

although it fully performed under the contract, the Defendants did not. In particular, the

Defendants either completed the construction below the standards specified in the contract or did

not complete the work at all. 

On June 29, 2011, the Clerk entered a default against the Defendants (Doc. 8). The

Plaintiff then moved for default judgment under Rule 55(b). The Plaintiff originally sought

judgment against Defendants Robert Biscello, Jr. and Midwest Real Estate Consultants, L.L.C.,

but withdrew its motion against Defendant Biscello due to his pending bankruptcy action (Doc.

11).

The Court held an evidentiary hearing under Rule 55(b)(2) on September 27, 2011. At

that hearing, Jason Medina of American Premium Investments testified as to the damages the

Plaintiff incurred from the Defendants’ breach of the contract. He testified to damages in the

Case: 2:11-cv-00167-ALM-TPK Doc #: 16 Filed: 09/27/11 Page: 1 of 2 PAGEID #: <pageID>
following amounts: (1) $50,000 for money the Plaintiff paid under the contract for work the

Defendants did not complete; (2) $133,451.92 to $240,000 for the completion of the work the

Defendants were supposed to perform under the contract; (3) $4,200 for the replacement of three

HVAC units that the Defendants installed unsatisfactorily; and (4) $18,467.80 in attorneys fees.

The Plaintiff’s counsel requested on the record that the Court award the Plaintiff damages in the

amount of $206,119.72. 

For the reasons stated on the record, the Court GRANTS the Plaintiff’s Motion for

Default Judgment and ORDERS that judgement be entered against Defendant Midwest Real

Estate Consultants, L.L.C. in the amount of $206,119.72.

s/Algenon L. Marbley 

ALGENON L. MARBLEY

United States District Court Judge

DATED: September 27, 2011

2

Case: 2:11-cv-00167-ALM-TPK Doc #: 16 Filed: 09/27/11 Page: 2 of 2 PAGEID #: <pageID>
# C_2007183EN.01003201.xml

| 4.8.2007 | EN | Official Journal of the European Union | C 183/32 |
| --- | --- | --- | --- |

4.8.2007

EN

Official Journal of the European Union

C 183/32

---

Judgment of the Court of First Instance of 19 June 2007 — Asturias Cuerno v Commission

(Case T-473/04) (1)

1

(Officials - Remuneration - Expatriation allowance - Article 4(1)(a) of Annex VII to the Staff Regulations - Services carried out for an international organisation - Installation allowance - Daily subsistence allowance)

(2007/C 183/62)

Language of the case: Spanish

Parties

Applicant: Cristina Asturias Cuerno (Brussels, Belgium) (represented by: R. García-Gallardo Gil-Fournier and A. Sayagués Torres, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: J. Currall, acting as Agent, assisted by J. Rivas Andrés, J. Gutiérrez Gisbert and M. Canal Fontcuberta, lawyers)

Defendant:

Re:

Application for annulment of the Commission's decision of 25 August 2004 not to accept the applicant's complaint of 27 April 2004 and not to grant him the expatriation allowance provided for in Article 4(1)(a) of Annex VII to the Staff Regulations of Officials of the European Communities and the allowances associated therewith.

Operative part of the judgment

The Court:

| 1. | Annuls the Commission's decisions of 28 January and 25 August 2004; |
| --- | --- |

1.

Annuls the Commission's decisions of 28 January and 25 August 2004;

| 2. | Declares that the applicant is entitled to the expatriation allowance provided for by Article 4(1)(a) of Annex VII to the Staff Regulations of Officials of the European Communities and the installation allowance provided for by Article 5 of that Annex; |
| --- | --- |

2.

Declares that the applicant is entitled to the expatriation allowance provided for by Article 4(1)(a) of Annex VII to the Staff Regulations of Officials of the European Communities and the installation allowance provided for by Article 5 of that Annex;

| 3. | Dismisses the remainder of the action; |
| --- | --- |

3.

Dismisses the remainder of the action;

| 4. | Orders the Commission to pay the costs. |
| --- | --- |

4.

Orders the Commission to pay the costs.

---

(1)  OJ C 45, 19.2.2005.

1

---
EXHIBIT 32.1



CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER OF

UNIVERSAL CITY DEVELOPMENT PARTNERS, LTD.

PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the quarterly report of Universal City
Development Partners, Ltd. (the Company) on Form 10-Q for the period ending July 3, 2005 filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert K. Gault, Jr. certify pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Dated: August 15, 2005



By:

/s/ ROBERT K. GAULT, JR.Robert K. Gault, Jr. Principal Executive Officer




26
EXHIBIT 32.1

      CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I,  Anthony  Gallo,  certify,  pursuant to 18 U.S.C.  Section  1350,  as adopted
pursuant  to  Section  906 of the  Sarbanes-Oxley  Act of 2002,  that the Annual
Report of Easy Organic Cookery, Inc. on Form 10-K for the fiscal year ended July
31, 2013 fully complies with the  requirements  of Section 13(a) or 15(d) of the
Securities  Exchange Act of 1934 and that  information  contained in this Annual
Report on Form 10-K  fairly  presents in all  material  respects  the  financial
condition and results of operations of Easy Organic Cookery, Inc.

Dated: November 13, 2013


/s/ Anthony Gallo
---------------------------------------------
Anthony Gallo
President, Secretary Treasurer,
Principal Executive Officer,
Principal Financial Officer and sole Director
May 11, 1961

No. 65613.

#### Bushnell International, Inc. *v.*United States,

protest 58/18078.

C.D. 2244. Plaintiff’s application for rehearing granted.
I 

118TH CONGRESS 

1ST SESSION H. R. 866 

To amend title 5, United States Code, to achieve parity between the costof-living adjustment with respect to an annuity under the Federal Employees Retirement System and an annuity under the Civil Service Retirement System, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2023 

Mr. CONNOLLY (for himself and Ms. SPANBERGER) introduced the following 

bill; which was referred to the Committee on Oversight and Accountability 

A BILL 

To amend title 5, United States Code, to achieve parity 

between the cost-of-living adjustment with respect to an 

annuity under the Federal Employees Retirement System 

and an annuity under the Civil Service Retirement System, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equal COLA Act’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 866 IH

1 SEC. 2. INCREASE IN COLA FOR FERS ANNUITIES. 

2 (a) IN GENERAL.—Paragraph (1) of subsection (b) 

3 of section 8462 of title 5, United States Code, is amended 

4 to read as follows: 

5 ‘‘(1) Except as provided in subsection (c), effective 

6 December 1 of each year, each annuity payable from the 

7 Fund having a commencing date not later than such De8 cember 1 shall be increased by the percent change in the 

9 price index for the base quarter of such year over the price 

10 index for the base quarter of the preceding year in which 

11 an adjustment under this subsection was made, adjusted 

to the nearest 1 12 ⁄10 of 1 percent.’’. 

13 (b) APPLICATION.—The amendment made by sub14 section (a) shall apply to— 

15 (1) any cost-of-living adjustment under section 

16 8462 of title 5, United States Code, made after the 

17 date of the enactment of this Act; and 

18 (2) any annuity covered by such section com19 mencing before, on, or after such date. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

SISTER MICHAEL MARIE, et al.,

Plaintiffs,

vs. Civil Action 2:11-CV-474 

Judge Watson

Magistrate Judge King

AMERICAN RED CROSS, et al.,

Defendants.

ORDER

This matter is before the Court on defendant American Red Cross’

Consent Motion to Extend Time to Complete Depositions, Doc. No. 64,

which seeks a 45 day extension to the discovery and summary judgment

deadlines. According to defendant American Red Cross, the parties

have experienced difficulty coordinating their schedules to complete

plaintiff’s depositions within the allotted time. Id. at p. 2. Also

before the Court is the Amended Motion of Plaintiffs for an Order to

Compel, Doc. No. 66, which is ripe for consideration. Plaintiffs’

initial motion to compel, Doc. No. 65, was filed on the same day as

the Consent Motion to Extend Time to Complete Depositions. 

The Consent Motion to Extend Time to Complete Depositions, Doc.

No. 64, is GRANTED. The Preliminary Pretrial Order, Doc. No. 26, is

MODIFIED as follows:

All discovery must be completed by December 14, 2012. 

Motions for summary judgment must be filed, if at all, no later

than January 13, 2013.

1

Case: 2:11-cv-00474-MHW-NMK Doc #: 69 Filed: 11/13/12 Page: 1 of 2 PAGEID #: <pageID>
Plaintiff’s Motion to Compel, Doc. No. 65, and Amended Motion of

Plaintiffs for an Order to Compel, Doc. No. 66, are DENIED as moot.

The parties are ADVISED that there will be no further extension

of the discovery deadline or the summary judgment deadline. 

The Clerk is DIRECTED to remove Doc. Nos. 64, 65 and 66 from the

Court’s pending motions list.1 

 s/ Norah McCann King 

 Norah McCann King

 United States Magistrate Judge

November 13, 2012

1 Plaintiffs represent that they will withdraw their motions to compel

if the Consent Motion to Extend Time to Complete Depositions is granted. See

Amended Motion of Plaintiffs for an Order to Compel, p. 10. 

2

Case: 2:11-cv-00474-MHW-NMK Doc #: 69 Filed: 11/13/12 Page: 2 of 2 PAGEID #: <pageID>
# C_2007211EN.01001102.xml

| 8.9.2007 | EN | Official Journal of the European Union | C 211/11 |
| --- | --- | --- | --- |

8.9.2007

EN

Official Journal of the European Union

C 211/11

---

Judgment of the Court (Seventh Chamber) of 12 July 2007 — Commission of the European Communities v Kingdom of Belgium

(Case C-90/07) (1)

1

(Failure of a Member State to fulfil obligations - Directive 2004/12/EC - Packaging and packaging waste - Failure to transpose within the prescribed period)

(2007/C 211/20)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: M. Konstantinidis and J.-B. Laignelot, acting as Agents)

Applicant:

Defendant: Kingdom of Belgium (represented by: S. Raskin, Agent)

Defendant:

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste (OJ 2004 L 47, p. 26)

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste, the Kingdom of Belgium has failed to fulfil its obligations under that directive; |
| --- | --- |

1.

Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste, the Kingdom of Belgium has failed to fulfil its obligations under that directive;

| 2. | orders the Kingdom of Belgium to pay the costs. |
| --- | --- |

2.

orders the Kingdom of Belgium to pay the costs.

---

(1)  OJ C 95, 28.4.2007.

1

---
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
AND

CHIEF FINANCIAL 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 of Nano
Mobile Healthcare, Inc. (the “Company”) on Form 10-K/A for the year ended June 30, 2011 filed with the Securities and
Exchange Commission (the “Report”), I, Joseph C. Peters, Chief Executive 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) of the Securities Exchange
Act of 1934; and



2.The information contained in the Report fairly presents, in all material respects, the consolidated
financial condition of the Company as of the dates presented and the consolidated result of operations of the Company for the periods
presented.



|By:    | /s/ Joseph C. Peters                                                 
|------ | ---------------------------------------------------------------------
|Name:  | Joseph C. Peters                                                     
|Title: | Principal Executive Officer, Principal Financial Officer and Director
|Date:  | October 28, 2016                                                     



This certification has been furnished solely pursuant to Section
906 of the Sarbanes-Oxley Act of 2002.
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    -       - Superintendent of Documents
      - 2015-05-11T12:06:09-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO