alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w37a






Exhibit 10.37A




Schedule of Unsecured Subordinated Promissory Notes Issued April 23, 2010

to Holders of Series A, Series A1 and Series B Convertible Preferred Stock




	 	 	 	 	 
	Holder	 	Principal Amount	 
	 
	 	 	 	 
	Advance Capital Partners, L.P.
	 	$	32,198.76	 
	 
	 	 	 	 
	Advance Capital Offshore Partners, L.P.
	 	$	10,098.12	 
	 
	 	 	 	 
	Apax Excelsior VI, L.P.
	 	$	128,506.80	 
	 
	 	 	 	 
	Apax Excelsior VI-A, C.V.
	 	$	10,497.19	 
	 
	 	 	 	 
	Apax Excelsior VI-B, C.V.
	 	$	6,993.09	 
	 
	 	 	 	 
	Patricof Private Investment Club III, L.P.
	 	$	4,392.20	 
	 
	 	 	 	 
	Camden Partners Strategic Fund III, L.P.
	 	$	42,613.75	 
	 
	 	 	 	 
	Camden Partners Strategic Fund III, L.P.
	 	$	4,261.19	 
	 
	 	 	 	 
	Camden Partners Strategic Fund III-A, L.P.
	 	$	1,772.41	 
	 
	 	 	 	 
	Camden Partners Strategic Fund III-A, L.P.
	 	$	178.42	 
	 
	 	 	 	 
	Seren Capital, Ltd.
	 	$	142,027.72	 
	 
	 	 	 	 
	Seren Capital, Ltd.
	 	$	43,612.94	 
	 
	 	 	 	 
	Stephen T. Winn
	 	$	2,959.41	 
	 
	 	 	 	 
	Timothy J. Barker
	 	$	1,849.50	 
	 
	 	 	 	 
	Jeffrey T. Leeds
	 	$	649.46
----

----

**Exhibit        32**

**CERTIFICATION        PURSUANT TO**

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

|   | (1) | the                  Registrant’s Report on Form 10-Q for the period ended September 30, 2007,                  as filed with the Securities and Exchange Commission on the date                  hereof                  (the “Report”), fully complies with the requirements of section 13(a) or                  15(d) of the Securities Exchange Act of 1934 (15 U.S.C 78m or 78o(d));                  and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | the                  information contained in the Report fairly presents, in all material                  respects, the financial condition and results of operations of                  the                  Registrant. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| */s/                  Michael V. Shustek*           |
|-----------------------------------------------------|
| Michael                  V. Shustek                 |
| Chief                  Executive Officer            |
| of                  Vestin Realty Mortgage II, Inc. |

| */s/                  Rocio Revollo*                |
|-----------------------------------------------------|
| Rocio                  Revollo                      |
| Chief                  Financial Officer            |
| of                  Vestin Realty Mortgage II, Inc. |
**Exhibit
      32.1**





**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 Black Nickel Acquisition Corp. II (the
      "Company") on Form 10-QSB for the period ending September 30, 2006 as filed
      with
      the Securities and Exchange Commission on the date hereof (the "Report"), I,
      Paul T. Mannion, Jr., certify, pursuant to 18 U.S.C. ss. 1350, as adopted
      pursuant to ss. 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.


/s/ Paul T. Mannion, Jr.Paul
              T. Mannion, Jr.Principal
                Executive Officer
              November
                13, 2006
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-1429

MICHAEL T. MASUOKA,

Plaintiff - Appellant,

versus

G. W. MURPHY CONSTRUCTION COMPANY, INCORPORATED; ARGONAUT INSURANCE COMPANY, INC.;

KENNETH T. GOYA, Insurance Agent,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Gerald Bruce Lee, District

Judge; James C. Cacheris, Senior District Judge. (CA-00-829-A)

Submitted: August 31, 2001 Decided: September 25, 2001

Before WILKINS and MICHAEL, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Michael T. Masuoka, Appellant Pro Se. Mark David Crawford,

FRIEDLANDER, MISLER, FRIEDLANDER, SLOAN & HERZ, Washington, D.C.;

Richard Albert Simpson, ROSS, DIXON & BELL, L.L.P., Washington,

D.C., for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Michael T. Masuoka appeals from the district court’s orders

denying his motions for a new trial and to amend the judgment

orders. Because Masuoka filed his Fed. R. Civ. P. 59 motions

within ten days of the court’s entry of its orders and timely appealed such orders, an appeal of the underlying orders are properly

before this court. Fed. R. App. P. 4(a)(4); Dove v. CODESCO, 569

F.2d 807, 809-10 (4th Cir. 1978) (holding that the filing of a

timely Rule 59 motion tolls the period for filing an appeal from

the underlying order and that timely appeal of order regarding Rule

59 motion brings both Rule 59 order and underlying order before

appeals court).

We have reviewed the record, the transcripts of the hearings

on the motions to dismiss for lack of personal jurisdiction over

the defendants, and the district court’s opinions, and find no

reversible error. Accordingly, we affirm on the reasoning of the

district court. Masuoka v. G.W. Murphy Construction Co., No. CA00-829-A (E.D. Va. filed Feb. 14, 2001, entered Feb. 23, 2001;

filed Feb. 21, 2001; entered Feb. 22, 2001). 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
Order entered January 6, 2020

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-00548-CV

IN THE INTEREST OF S.V., A CHILD

On Appeal from the 256th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DF-04-11968-V

ORDER

Before the Court is the January 3, 2020 request of Glenda Finkley, Official Court 

Reporter for the 256th Judicial District Court, for an extension of time to file the reporter’s 

record. We GRANT the request and extend the time to February 3, 2020. We caution Ms. 

Finkley that further extension requests will be disfavored.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE
**Exhibit 23.1**

 

Consent of Independent Registered Public Accounting Firm 

 

The Board of Directors 

Diedrich Coffee, Inc.:

 

We hereby consent to the incorporation by reference in the registrationstatements (Nos. 333-111669, 333-66744, 333-74626, 333-52190, 333-61269, 333-50412, 333-61271, 333-50127, 333-50129) on Form S-8 and Form S-3 of our report dated September 1, 2005, relating to the consolidated financialstatements and schedule of Diedrich Coffee, Inc. (“Company”) for the year ended June 29, 2005, appearing in the Company’s annual report on Form 10-K for the year ended June 29, 2005. 

 

/s/    BDO Seidman, LLP 

Costa Mesa, California 

September 29, 2005
##### 



EXHIBIT
31.1
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this report on Form 10-K of the registrant;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.
    
    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 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)
    
    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; andc)
    
    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.
    
    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 registrants board of
directors (or persons performing the equivalent functions):
 a)
    
    all significant deficiencies in the design and material weakness 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; andb)
    
    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/ Caryl P. ShepherdCaryl P. ShepherdChief Accounting Officer(Principal Executive Officer and Principal Financial Officer)
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### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

GERARD THORNTON a/k/a JERRY THORNTON,

Appellant,

v.

YOMTOB OFFICE BUILDINGS, LLC

,

a Florida limited liability com pany,

Appellee.

No. 4D2023

- 0607

[ January 25, 2024 ]

Appeal of nonfinal order from the Circuit Court for the Fifteenth

Judicial Circuit, Palm Beach County; James Nutt, Judge; L.T. Case No.

502022CA001837 XXXX MB

.

Gerard Thornton, Boca Raton, pro se.

Jeremy Dicker of Sachs Sax Caplan, Boca Raton, for appellee

.

P ER C URIAM

.

Affirmed

.

C IKLIN

, L EVINE and C ONNER

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit 21.1
  LIST OF
    SUBSIDIARY CORPORATIONS OF LANDSTAR SYSTEM, INC.
  Jurisdiction of

% of VotingName

Incorporation

Securities OwnedSubsidiary of Landstar System, Inc.:Landstar System Holdings, Inc.

Delaware


100Subsidiaries of Landstar System Holdings, Inc.:Landstar Inway, Inc.

Delaware


100Landstar Global Logistics, Inc.

Delaware


100Landstar Ligon, Inc.

Delaware


100Landstar Ranger, Inc.

Delaware


100Risk Management Claim Services, Inc.

Kentucky


100Also d/b/a RMCS, Inc. in Alabama and CaliforniaLandstar Transportation Logistics, Inc.

Delaware


100Also d/b/a Landstar Carrier Services, Inc.Landstar Contractor Financing, Inc.

Delaware


100Signature Insurance Company

Cayman Islands, BWI


100Landstar Canada Holdings, Inc.

Delaware


100Signature Technology Services, Inc.

Delaware


100Landstar Supply Chain Solutions, Inc.

Delaware


100Subsidiaries of Landstar Supply Chain Solutions, Inc.National Logistics Management Co.

MichiganA3I Acquisition LLC

Delaware


75Subsidiary of A3I Acquisition LLCA3 Integration, LLC

Delaware


100Subsidiary of Landstar Canada Holdings, Inc.Landstar Canada, Inc.

Ontario, Canada


100Also d/b/a Enterprise Landstar Canada in QuebecAlso d/b/a Landstar Canada ForwardingSubsidiary of Landstar Global Logistics, Inc.Landstar Express America, Inc.

North Carolina


100Subsidiary of Landstar Ranger, Inc.Landstar Gemini, Inc.

Delaware


100Also d/b/a Landstar Less Than Truck LoadAlso d/b/a Landstar LTL
IS 

111TH CONGRESS 

1ST SESSION S. 1578 

To amend chapter 171 of title 28, United States Code, (commonly referred 

to as the Federal Torts Claim Act) to extend medical malpractice coverage to free clinics and the officers, governing board members, employees, and contractors of free clinics in the same manner and extent 

as certain Federal officers and employees. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 5, 2009 

Mr. LEAHY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend chapter 171 of title 28, United States Code, 

(commonly referred to as the Federal Torts Claim Act) 

to extend medical malpractice coverage to free clinics 

and the officers, governing board members, employees, 

and contractors of free clinics in the same manner and 

extent as certain Federal officers and employees. 

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


wwoods2 on DSK1DXX6B1PROD with BILLS
2 

•S 1578 IS

1 SECTION 1. EXTENSION OF MEDICAL MALPRACTICE COV2 ERAGE TO FREE CLINICS. 

3 (a) IN GENERAL.—Chapter 171 of title 28, United 

4 States Code, is amended by adding after section 2680 the 

5 following: 

6 ‘‘§ 2681. Medical malpractice coverage for free clinics 

7 ‘‘For purposes of applying the remedy against the 

8 United States provided by sections 1346(b) and 2672 of 

9 this title and for purposes of section 224 of Public Law 

10 78–410 (42 U.S.C. 233) a free clinic defined under section 

11 224(o)(3)(A) of that Act shall be treated as an entity de12 scribed under section 224(g)(4) of that Act. The author13 ization of appropriations under section 224(o)(6)(A) of 

14 that Act shall apply to the acts or omissions of officers, 

15 governing board members, employees, and contractors of 

16 free clinics’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

18 (1) TABLE OF SECTIONS.—The table of sections 

19 for chapter 171 of title 28, United States Code, is 

20 amended by adding at the end the following: 

‘‘2681. Medical malpractice coverage for free clinics.’’. 

21 (2) REFERENCE.—Section 224(g)(4) of the 

22 Public Law 78–410 (42 U.S.C. 233(g)(4)) is amend23 ed by inserting ‘‘or a free clinic as provided under 

24 section 2681 of title 28, United States Code’’ before 

25 the period. 


wwoods2 on DSK1DXX6B1PROD with BILLS
3 

•S 1578 IS

1 SEC. 2. EFFECTIVE DATE. 

2 The amendments made by this Act shall take effect 

3 on the date of enactment of this Act and apply to any 

4 act or omission which occurs on or after that date. 

Æ 


wwoods2 on DSK1DXX6B1PROD with BILLS
**Exhibit 32.1**




**CERTIFICATION**




Pursuant
      to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.§ 1350, as
      adopted), James P. Wilson, Chief Executive Officer of JK Acquisition Corp.
      (the
“Company”), hereby certifies that, to the best of his knowledge:




1. The
      Company’s Quarterly Report on Form 10-Q for the period ended September 30,
      2006, to which this Certification is attached as Exhibit 32.1 (the
“Quarterly Report”) fully complies with the requirements of section 13(a) or
      section 15(d) of the Securities Exchange Act of 1934, and




2. The
      information contained in the Quarterly Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.




**In
      Witness Whereof,** the
      undersigned has set his hands hereto as of November 8, 2006.


/s/James
                P. WilsonJames
                P. Wilson
              *Chairman
                  of the Board of Directors,*
                *Chief
                  Executive Officer and Secretary*
                *(Principal
                    Executive Officer)*
                  *(Principal
                      Financial and Accounting Officer)*




This
      certification accompanies this Quarterly Report to which it relates, is not
      deemed filed with the Securities and Exchange Commission and is not to be
      incorporated by reference into any filing of the Company under the Securities
      Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended
      (whether made before or after the date of the Form 10-Q), irrespective of any
      general incorporation language contained in such filing.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED September 7, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-11053 Summary Calendar

UNITED STATES OF AMERICA Plaintiff - Appellee

v. DONOVAN LEMONT BOOKMAN Defendant - Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:05-CR-15-ALL

-------------------- Before KING, HIGGINBOTHAM and GARZA, Circuit Judges. *
PER CURIAM: Donovan Lemont Bookman appeals the 180-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 21 U.S.C. § 922(g). Bookman renews his argument that the district court’s application of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), was error because the Government did not prove that his prior burglary-of-a-habitation convictions occurred on different occasions with appropriate documentation, citing Shepard v.United States , 544 U.S. 13 (2005). The Government concedes the

error. We agree that, because the record does not disclose that the sequence of Bookman’s prior convictions was established by Shepard- appropriate material, the ACCA enhancement was error.
See United States v. Fuller , 453 F.3d 274, 279-80 (5th Cir. 2006). Accordingly, the district court ’s judgment is VACATED, and the case is REMANDED for resentencing. Because we remand for resentencing on the Shepard violation, we do not address the remainder of Bookman’s arguments.
JUDGMENT VACATED; REMANDED FOR RESENTENCING.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED August 17, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-40851 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus DOMINGO DE JESUS URBINA-MONCADA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-132-ALL

-------------------- Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM: * Domingo De Jesus Urbina-Moncada (Urbina) appeals from his guilty-plea conviction for illegal reentry following deportation. Urbina argues, for the first time on appeal, that the district court erred by enhancing his base offense level sixteen levels pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(vii), based on a determination that his prior conviction for transporting unlawful aliens was an alien smuggling offense. As Urbina concedes, hisNo. 04-40851 -2- argument is foreclosed by United States v. Solis-Campozano , 312 F.3d 164, 167-68 (5th Cir. 2002). Also for the first time on appeal, Urbina argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b) are unconstitutional in the light of Apprendi v. New Jersey , 530 U.S. 466 (2000). Urbina concedes that this argument is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224 (1998). See United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000)
. Urbina argues that the district court erred in sentencing him under a mandatory Sentencing Guidelines scheme. See United States v. Booker , 125 S. Ct. 738, 756 (2005). The district court committed error that is plain in sentencing Urbina under a mandatory Sentencing Guidelines regime. See United States v. Valenzuela-Quevedo , 407 F.3d 728, 733 (5th Cir. 2005), petition for cert. filed (July 25, 2005) (No. 05-5556); United States v. Martinez-Lugo , 411 F.3d 597, 600 (5th Cir. 2005) . Urbina fails to meet his burden of showing that the district court’s error affected his substantial rights. See Valenzuela-Quevedo , 407 F.3d at 733-34; United States v. Mares , 402 F.3d 511, 521 (5th Cir. 2005), petition for cert. filed (Mar. 31, 2005) (No. 04- 9517) ; see also United States v. Bringier , 405 F.3d 310, 317 n.4 (5th Cir. 2005), petition for cert. filed (July 26, 2005) (No. 05-5535).
AFFIRMED.