alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 31.2**

 

I, Rick Fresia, Vice President – Finance of HealtheTech, Inc., certify that: 

 

1. I have reviewed this quarterly report on Form 10-Q, as amended by thisForm 10-Q/A, of HealtheTech, 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 theperiod covered by this report; 

 

3. Based on my knowledge, thefinancial 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 thisreport; 

 

4. The registrant’s other certifying officer(s)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 bedesignated 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 isbeing prepared; 

 

b) Evaluated theeffectiveness 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 onsuch evaluation; and 

 

c) Disclosed in thisreport 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 quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financialreporting, 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 weakness in the design or operation of internal control over financial reporting which arereasonably 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’sinternal control over financial reporting. 

 

Date: November 19, 2004
EXHIBIT 99.1

     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 Annual Report of National R.V.  Holdings,  Inc. (the
"Company")  on Form 10-K for the period  ending  December 31, 2002 as filed with
the Securities and Exchange  Commission on the date hereof (the  "Report"),  we,
Bradley C.  Albrechtsen,  Chief Executive  Officer and President of the Company,
and Mark D. Andersen, Chief Financial Officer of the Company,  certify, pursuant
to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of  operations of the
Company.



/s/ BRADLEY C. ALBRECHTSEN          /s/ MARK D. ANDERSEN
--------------------------          --------------------
Bradley C. Albrechtsen              Mark D. Andersen
Chief Executive Officer             Chief Financial Officer
and President                       (Principal Accounting and Financial Officer)
March 25, 2003                      March 25, 2003
Electroicmoto
NO SOUND EQUALS MORE GROUND


April 1, 2004

Employment Agreement (2)


Ely Schless is serving as the President, CEO and Treasurer of Electric Moto
Corporation as of today's date. He is to receive a salary of $4,000 per month
for services rendered.

Krista Johnson is serving as Mr. Schless's administrative / clerical assistant.
She is to receive $600 per month for services.

/s/  Ely Schless
Ely Schless-President
* Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED January 12, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT
No. 06-50521 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,
versus WILLIAM PAUL SHAVER, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas

No. 6:05-CR-148-ALL

--------------------
Before SMITH, WIENER, and OWEN, Circuit Judges. PER CURIAM:* William Shaverpleaded guiltywithout a writtenplea agreement to theft of mail matter (Count 1), altering a financial obligation (Count 2), possessing counterfeit obligations (Count 3), and access device fraud (Count 4). The district court sentenced him to 60 months of imprisonment as to Count 1, and it upwardly departed from the guidelines range to sentence him to 120 months of imprisonmentNo. 06-50521 -2-
as to Counts 2, 3, and 4, with all of the sentences running concurrently. Shaver argues for the first time on appeal that the court plainly erred in failing to give him reasonable notice that it was contemplating an upward departure and in failing to provide theparticular grounds on which such a departure would be based. Because, however, thepresentence report (“PSR”) provided Shaver with adequate information to give him an opportunity to comment on the upward departure, the court did not plainly err. See United States v. Milton, 147 F.3d 414, 420-21 (5th Cir. 1998). Shaver contends the court erred in failing to provide specific written reasons for its upward departure as is required by required by 18 U.S.C. § 3553(c)(2). But, the court’s written statement of the guideline section pursuant to which it upwardly departed, fortified by more specific statements in the PSR and at sentencing concerning the facts of the case and the reasons for the departure, satisfied § 3553(c)(2). See United States v. Zuniga-Peralta, 442 F.3d 345, 347-49 (5th Cir.), cert. denied, 126 S. Ct. 2954 (2006). AFFIRMED.
```

[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Notices]
[Page 41]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30782]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9018-7]

Environmental Impact Statements; Notice of Availability

AGENCY: Office of Federal Activities, General Information (202) 564-
7146 or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements
Filed 12/22/2014 through 12/24/2014
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public 
its comments on EISs issued by other Federal agencies. EPA's comment 
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20140380, Draft EIS, USACE, CA, Sacramento River Bank 
Protection Project, Comment Period Ends: 02/27/2015, Contact: Brian 
Mulvey 916-557-7660.
EIS No. 20140381, Draft Supplement, BLM, WA, Vantage to Pomona Heights 
230 kV Transmission Line Project, Comment Period Ends: 02/17/2015, 
Contact: Roberta Estes 541-416-6728.
EIS No. 20140382, Final EIS, USACE, LA, West Shore Lake Pontchartrain 
Hurricane and Storm Damage Risk Reduction, Review Period Ends: 02/02/
2015, Contact: Sandra Stiles 504-862-1583.
EIS No. 20140383, Draft EIS, NRC, IL, Plant-Specific Supplement 54, 
License Renewal of Nuclear Plants Regarding Byron Station, Units 1 and 
2, Comment Period Ends: 02/20/2015, Contact: Lois M. James 301-415-
3306.

Amended Notices

EIS No. 20140326, Draft EIS, FHWA, WI, I-94 East-West Corridor, Comment 
Period Ends: 01/27/2015, Contact: George Poirier 608-829-7500 Revision 
to FR Notice Published 11/14/2014; Extending Comment Period from 01/13/
2015 to 01/27/2015.
EIS No. 20140328, Draft Supplement, USFS, NM, North Fork Wells of Eagle 
Creek, Comment Period Ends: 01/28/2015, Contact: David M. Warnack 575-
257-4095.

    Revision to FR Notice Published 12/12/2014; Extending Comment 
Period from 01/13/2015 to 01/28/2015.

    Dated: December 29, 2014.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2014-30782 Filed 12-31-14; 8:45 am]
BILLING CODE 6560-50-P
```
```

[Congressional Record Volume 158, Number 124 (Friday, September 14, 2012)]
[House]
[Page H6003]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                                 PRAYER

  Monsignor Stephen Rossetti, associate professor, the Catholic 
University of America, Washington, DC, offered the following prayer:
  Good and gracious God, today more than ever, we are aware that we are 
small, that we are made of the Earth, and that we are mortal. In our 
weakness, may You be our shield. In our humility, may You be our 
strength. In our mortality, may You be our source of eternal life. May 
people of every party and nation unite together in their human frailty. 
May they proclaim with one voice and one heart that we are one people 
united in serving You and in loving our brothers and sisters. Our 
prayer today is small. Our voice is weak. We trust that You incline 
Your ear and You will hear this simple prayer. We thank You.
  Amen.

                          ____________________
```
No. 99-60633 

-1-

 

* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-60633

Summary Calendar

 

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

VERSUS

BERNARD SANGS,

 Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Mississippi

USDC No. 2:97-CR-96-4-S-B

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

May 5, 2000

Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

Bernard Sangs (federal prisoner #10671-042) appeals the

district court’s order denying his motion for new trial premised on

newly discovered evidence of juror misconduct. Sangs has moved for

leave to file an out-of-time reply brief, which is GRANTED. Sangs

has also moved for leave to supplement the record, which is DENIED.

See Thompson v. Chrysler Motors Corp., 755 F.2d 1162, 1174 (5th

Cir. 1985).

In his appellate brief, Sangs argues that the district court

erred in denying his motion for new trial without conducting an
No. 99-60633 

-2-

evidentiary hearing. Sangs, however, failed to show that Patricia

Thomas, one of the jurors at his trial, answered a material

question dishonestly at voir dire or that a correct response at

voir dire would have provided a valid basis to challenge her for

cause. See United States v. Doke, 171 F.3d 240, 246 (5th Cir.),

cert. denied, 120 S. Ct. 250 (1999). Sangs also failed to make a

colorable showing that an extrinsic influence tainted the jury’s

deliberations. See United States v. Kelley, 140 F.3d 596, 608 (5th

Cir.), cert. denied, 119 S. Ct. 186, 247 (1998). Accordingly, the

district court did not abuse its discretion in denying Sangs’

motion for new trial without an evidentiary hearing. United States

v. Jobe, 101 F.3d 1046, 1057-58 (5th Cir. 1996).

AFFIRMED.
```

[Congressional Record Volume 158, Number 124 (Friday, September 14, 2012)]
[Extensions of Remarks]
[Page E1533]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                 IN HONOR OF COUNCILMAN TERRELL PRUITT

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                       Friday, September 14, 2012

  Mr. KUCINICH. Mr. Speaker, I rise today in honor of Councilman 
Terrell Pruitt, who is currently serving as the representative for Ward 
1 on the Cleveland City Council.
   Councilman Pruitt has been representing Ward 1, which includes the 
Lee-Harvard and Miles neighborhoods on the southeast side of Cleveland, 
since 2008. Since coming to office, the Councilman has focused on the 
continued development of his community. He has worked tirelessly to 
maintain a safe community in which Clevelanders can thrive while making 
constituent services a top priority.
   Councilman Pruitt has been a strong advocate of education and 
understands the impact that it can have on a community. He has 
maintained a close relationship with the Cleveland Metropolitan School 
District and supports policies that will increase the quality of 
education in the District. He has volunteered his time and service to 
the Governor's Close the Gap Campaign which helps supports students at 
the local high school to ensure their educational success. Along with 
his support of education, Councilman Pruitt continues to work towards 
ensuring a positive job outlook for his constituents by providing job 
training and continuing education opportunities.
   Outside of his position as Councilman, Pruitt served tours in 
Afghanistan, led hurricane relief missions in Louisiana and serves as 
the Captain in the Ohio Army National Guard.
   Mr. Speaker and Colleagues, please join me in honoring Cleveland 
City Councilman Terrell Pruitt.

                          ____________________
```
# C_2018328EN.01005102.xml

| 17.9.2018 | EN | Official Journal of the European Union | C 328/51 |
| --- | --- | --- | --- |

17.9.2018

EN

Official Journal of the European Union

C 328/51

---

Order of the President of the General Court of 12 July 2018 — RATP v European Commission

(Case T-250/18 R)

((Application for interim measures - Access to documents - Application for suspension of operation of a measure - No urgency))

(2018/C 328/70)

Language of the case: French

Parties

Applicant: Régie autonome des transports parisiens (RATP) (Paris, France) (represented by: E. Morgan de Rivery, P. Delelis and C. Lavin, lawyers)

Defendant: European Commission (represented by: A. Buchet, W. Mölls and C. Ehrbar, acting as Agents)

Intervener in support of the applicant: French Republic (represented by: E. de Moustier, I. Cohen and B. Fodda, acting as Agents)

Re:

Application based on Articles 278 TFEU and 279 TFEU, seeking suspension of the operation of Commission Decision C(2018) 1865 final of 21 March 2018, Gestdem 2017/4598, relating to partial access to documents.

Operative part of the order

| 1. | The application for interim measures is dismissed; |
| --- | --- |

1.

The application for interim measures is dismissed;

| 2. | The costs are reserved. |
| --- | --- |

2.

The costs are reserved.

---
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA
F OURTH D ISTRICT

RICHARD DEMARTINO a/k/a RICK DEMARTINO , Appellant,

v.

LAWRENCE W. URBANEK , Appellee

.

No. 4D 17

- 3050

[ July 26, 2018 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Cymonie S. Rowe , Judge; L.T. Case No. 50

- 2015

- CA

013051

- XXXX

- MB

.
S. Brian Bull of Scott, Harris, Bryan, Barra & Jorgensen, P.A., Palm Beach Gardens, for appellant.

Stephanie L. Serafin and Jane Kreusler

- Walsh of Kreusler

- Walsh, Vargas & Serafin, P.A., West Palm Beach, and J. Chris Bristow of Critton, Luttier & Coleman, LLP, West Palm Beach, for appellee.

P ER C URIAM

.
Affirmed.

G ROSS , C ONNER and K LINGENSMITH , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### Ex parte DEMAUREZ.

Circuit Court of Appeals, Ninth Circuit.

Aug. 16, 1939.

*458Raymond O. Demaurez, in pro. per.

WILBUR, Circuit Judge.

The petitioner, acting in propria personam, presents a voluminous document, one hundred and' forty typewritten pages, containing an application for a writ of habeas corpus, addressed to the • Senior Circuit Judge, an application to proceed in forma pauperis, and a petition for a writ of certiorari, also addressed to the Senior Circuit Judge. He alleges that his petition for a writ of habeas corpus was denied by the United ’ States District Court for the Western District of Washington, and that leave to appeal therefrom in forma pauperis was denied by this Court June 14, 1939; and that a subsequent motion to the trial court, for leave to amend and supplement the petition for habeas corpus was denied. The burden of the petitioner’s complaint, namely, that he was required to plead, and did plead, “not guilty” without the assistance of counsel, who appeared at the trial, has already been passed on by this Court. De Maurez v. Swope, 9 Cir., 104 F.2d 758, June 14, 1939.

Petitioner also states that his trial, which was set for April 21, 1937, was not called until April 27, 1937; that he excused some of his witnesses, who, against the advice of his attorney, he had requested to attend and who were present on April 21, and that these witnesses returned to their home at Roseburg, Oregon, and consequently were not present when the case was called for trial. His attorney was no doubt fully advised as to the date of trial and of the presence of such witnesses. The petitioner acted on his own motion in excusing the witnesses.

The petitioner claims that the indictment against him did not state an offense. The offenses charged were the forgery of the indorsement of the name of the payee upon a check drawn against the Treasurer of the United States, containing the statement “Object for which drawn Civil Service Retirement,” and the uttering of the check, with its forged indorsement. The forging of the indorsement of the payee on the check was covered by 18 U.S.C.A. § 73, and the uttering of the forged check, charged in the second count, was a separate offense and also covered by 18 U.S.C.A. § 73.

See Prussian v. United States, 282 U. S. 675, 51 S.Ct. 223, 75 L.Ed. 610.

There is no merit in the petition for a writ of habeas corpus and the application is denied.

The remedy for a denial of an application for habeas corpus in the United States District Court is by an appeal to the United States Circuit Court of Appeals. The application to appeal in forma pauperis has been denied by this Court, because without merit. Petitioner again seeks to review the order of the District Court denying his application for release on habeas corpus by petitioning for a writ of certiorari. The remedy is by appeal and in this Court, not by certiorari.

Petitions denied.
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

October 31, 2005 Clifford W. Taylor,

 Chief Justice 

128581 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 128581 

 COA: 257760 

Wayne CC: 91-003888

CLARENCE FRAZIER,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the April 7, 2005 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). 

p1024 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

October 31, 2005 

Clerk
<PAGE>
                                                                   Exhibit 10.54

                                  [GUPTA LOGO]

October 31, 2003

Mr. Jeffrey L. Bailey
5 La Noria
Orinda, CA 94563

Dear Mr. Bailey:

This letter outlines the conditions upon which you would be eligible to receive
severance benefits from Gupta ("Company") and supercedes any other severance
agreement between you and the Company and/or Platinum Equity, whether written or
verbal.

In the event that either: (a) the Company terminates your employment without
Cause (hereinafter defined) or (b) you terminate your employment for Good Reason
(hereinafter defined), the Company shall pay to you an amount equal to twelve
months of your then current base salary, payable in accordance with the
Company's then current payroll processes and procedures. In addition, you and
your qualified dependants will continue to be eligible to receive, while you are
receiving the severance benefits described in the preceding sentence, medical,
dental and vision health benefits at the same rates and under the same
conditions as are applicable to then current Company employees. Your
participation in any other Company or its affiliate's employee benefit plans
will terminate in accordance with the terms of such plans. As used herein.
"Good Reason" shall mean the assignment to you of duties, position or status
inconsistent with and of tower rank than those held or performed by you as of
the dam of this letter; and "Cause" shall mean (1) any action which constitutes
willful dishonesty or deliberate injury to the Company or any of its affiliated
companies, or (2) any criminal conduct, or (3) a violation of or other failure
by you to perform your obligations or responsibilities.

Any payment made by the Company pursuant to this section of this letter shall
(a) include the accrued but unused vacation that you have accrued through your
termination date, (b) be subject to and reduced by all necessary and
appropriate withholdings and deductions, and (c) be contingent upon you
executing a mutually acceptable release of the Company and its affiliate.

This letter and the terms and conditions hereof are to be construed, governed
and interpreted in accordance with the laws of the State of California, without
giving effect to its conflict of law principles.

Very truly yours,

/s/ Kirit Patel
----------------------
Kirit Patel
Senior Vice President
Platinum Equity

     Gupta Technologies, LLC - 975 Island Drive, Redwood Shores, CA 94065 -
             P 650.596.3400 F 65.596.4690 - www.guptaworldwide.com