alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BETSY SMITH-LIPSKA,

Plaintiff-Appellant,

v.

ANDREW M. SAUL, Commissioner of 

Social Security,

Defendant-Appellee.

No. 19-15502

D.C. No. 2:17-cv-02205-AC

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Allison Claire, Magistrate Judge, Presiding

Submitted February 8, 2021**

San Francisco, California

Before: WARDLAW and BEA, Circuit Judges, and ROSENTHAL,*** 

District Judge.

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

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

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

*** The Honorable Lee H. Rosenthal, Chief United States District Judge 

for the Southern District of Texas, sitting by designation.

FILED

FEB 25 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

Betsy Smith-Lipska, a former grocery store food counter supervisor, appeals 

the district court’s grant of summary judgment for Defendant (the 

“Commissioner”). The district court upheld the administrative law judge’s 

(“ALJ”) decision that Smith-Lipska is not disabled, and is therefore ineligible for 

disability insurance benefits (“DIB”) and supplemental security income (“SSI”). 

We review de novo the decision of the district court that substantial evidence 

supported the ALJ’s decision. Howard ex rel. Wolff v. Barnhart, 341 F.3d 1006, 

1011 (9th Cir. 2003); see also 28 U.S.C. § 1291. A vocational expert’s testimony 

may constitute substantial evidence. Biestek v. Berryhill, 139 S. Ct. 1148, 1155 

(2019). We affirm.

A disabled person is eligible for DIB and SSI. 42 U.S.C. §§ 423(a)(1)(E) 

(DIB) and 1381a (SSI). A person is not disabled if she can do other work. 20 

C.F.R. §§ 404.1520(a)(4)(v), (g) and 416.920(a)(4)(v), (g). That work must 

“exist[] in significant numbers in the national economy.” Hill v. Astrue, 698 F.3d 

1153, 1161 (9th Cir. 2012). 

Here, the ALJ determined that Smith-Lipska was capable of performing 

other work with “very little, if any, vocational adjustment.” See 20 C.F.R. Pt. 404, 

Subpt. P, App. 2, § 201.00(f). Specifically, the ALJ stated that Smith-Lipska’s

ordering, scheduling, and customer service skills are transferable to the jobs of 
3

order clerk, customer complaint clerk, and scheduler, for which 88,000, 826,000, 

and 233,000 positions are available nationwide, respectively. The vocational 

expert provided unchallenged testimony to these facts. Accordingly, the district 

court correctly granted summary judgment on the ground that substantial evidence 

supported the Commissioner’s determination. Thus, the decision of the district 

court is AFFIRMED.
Exhibit 31.5



CERTIFICATION



I, Dale E. Parker, President of WTA Inc., certify that:



1. I have reviewed this quarterly report on Form 10-Q WTA Inc.;



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 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. The registrants other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-14 and 15d-14) 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 and 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 (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. The registrants other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal controls 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 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.



|                   |  |                         
|------------------ |  | ------------------------
|Date: May 17, 2004
|                   | 
|Signature:         |  | /s/    DALE E. PARKER   
|                   |  |                         
|                   |  | Dale E. Parker President
----

----

|   | (1) | the                Company’s Quarterly Report on Form 10-Q for the quarter ended September                30, 2007 fully complies with the requirements of Section 13(a) or                15(d),                as applicable, 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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                     |                                                                              |
|------------------------------------------|-----------------------------------------------------------------------------------|
|                                     |                                                                              |
| Date:                  November 12, 2007 |  /s/                    Mark R. Richards                                     |
|                                     | Mark                  R. Richards                                                 |
|                                     | Chairman,                  President and Chief Executive                  Officer |
### FOR PUBLICATION 

### UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT



#  U NITED S TATES OF A MERICA , No. 02-50600

Plaintiff-Appellee, D.C. No.
v. CR-99-01363-CAS



#  Central District G EORGE M ICHAEL R UELAS , of California,

Defendant-Appellant. Los Angeles



#   U NITED S TATES OF A MERICA , No. 02-50660

Plaintiff-Appellant, D.C. No. v. 

#  CR-99-01363-CAS G EORGE M ICHAEL R UELAS , ORDER

Defendant-Appellee. 

# 

Filed June 16, 2005
Before: Andrew J. Kleinfeld, Kim McLane Wardlaw, and

Marsha S. Berzon, Circuit Judges.

ORDER Upon remand from the United States Supreme Court, we have reconsidered this case in light of United States v. Booker , 543 U.S. ___, 125 S. Ct. 738 (2005), and we therefore order that the memorandum disposition filed on May 5, 2004 be amended as follows: Page 2, line 9: Delete the phrase “and we affirm ” from the sentence beginning with “We have jurisdiction . . . . ” Add a new sentence stating, “We affirm Ruelas’s conviction, and
7191remand in accordance with United States v. Ameline , No. 02- 30326, slip op. at 6368-71 (9th Cir. June 1, 2005) (en banc). Page 8, line 10: Insert a new section six, entitled “Sixth Amendment Error, ” followed by the following paragraph: Because Ruelas did not challenge his sentence on Sixth Amendment grounds in the district court, we grant a limited remand pursuant to United States v. Ameline , No. 02-30326, slip op. at 6368-71 (9th Cir. June 1, 2005) (en banc). Last line of the disposition: Replace “AFFIRMED ” with “AFFIRMED IN PART; REMANDED ”
It is so ORDERED. 7192 U NITED S TATES v. R UELASPRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2005 Thomson/West.
```

[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Notices]
[Page 7731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02218]

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

DEPARTMENT OF JUSTICE

Antitrust Division

Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Rust Foundation

    Notice is hereby given that, on December 15, 2023, pursuant to 
section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Rust Foundation has filed 
written notifications simultaneously with the Attorney General and the 
Federal Trade Commission disclosing changes in its membership. The 
notifications were filed for the purpose of extending the Act's 
provisions limiting the recovery of antitrust plaintiffs to actual 
damages under specified circumstances. Specifically, Lynx Software 
Technologies, San Jose, CA; and xFusion Digital Technologies Co., Ltd., 
Zhengzhou City, PEOPLE'S REPUBLIC OF CHINA, have been added as parties 
to this venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and Rust Foundation intends to file 
additional written notifications disclosing all changes in membership.
    On April 14, 2022, Rust Foundation filed its original notification 
pursuant to section 6(a) of the Act. The Department of Justice 
published a notice in the Federal Register pursuant to section 6(b) of 
the Act on May 13, 2022 (87 FR 29384).
    The last notification was filed with the Department on October 3, 
2023. A notice was published in the Federal Register pursuant to 
section 6(b) of the Act on December 15, 2023 (88 FR 86935).

Suzanne Morris,
Deputy Director Civil Enforcement Operations, Antitrust Division.
[FR Doc. 2024-02218 Filed 2-2-24; 8:45 am]
BILLING CODE P
```
rcar_ex102.htm

EXHIBIT 10.2

 

Amendment to Loan Agreement

 

THIS AMENDMENT TO LOAN AGREEMENT is dated as of March 9, 2017 (this “Amendment”), by and between RenovaCare, Inc., a corporation organized under the laws of the State of Nevada (“Borrower”), and Joseph Sierchio, a resident of the State of New York (“Creditor”).

 

W I T N E S S E T H:

 

WHEREAS, Creditor and Borrower have entered into a loan agreement dated as of February 23, 2017 (the “Loan Agreement”) pursuant to which Creditor provided a loan in the principal amount of $25,000 (all capitalized but undefined terms used herein shall have the meaning set forth in the Loan Agreement); and

 

WHEREAS, Creditor and Borrower wish to amend the Loan Agreement as set forth herein;

 

NOW, THEREFORE, the parties hereto, in consideration of their mutual covenants hereinafter set forth and intending to be legally bound hereby, agree as follows:

 

I. Amendment

 

Section 2.04 of the Loan Agreement is deleted in its entirety and the following inserted in lieu thereof:

 

“2.04 Conversion of Loan. Beginning on the one month anniversary of the Closing Date, the Creditor, at its sole and absolute discretion, shall have the right but not obligation, to convert any portion of the Loan, including all interest then due thereon, into shares of the Borrower’s common stock at a price (the “Conversion Price”) equal to the lesser of: (i) $3.45, or (ii) a twenty percent (20%) discount to the average closing price of the Borrower’s common stock as quoted on the OTC Markets Group Inc. QB tier (the “OTCQB”) for the five (5) days prior to the date on which the Creditor provides the Borrower with a notice to convert the Loan pursuant to this Section 2.04, subject to a floor price of $2.76 per share.”

 

II. Promissory Note

 

The parties hereto agree that the Promissory Note issued by Borrower to Creditor pursuant to the Loan Agreement shall be read to include the changes set forth in this Amendment regardless of whether a replacement Promissory Note is issued. Creditor may request Borrower to issue a replacement Promissory Note, in which case Creditor shall forward the original Promissory Note to Borrower marked “CANCELLED.”

 

III. Continuing Effect of the Loan Agreement

 

Except as specifically amended by this Amendment, the terms and conditions of the Loan Agreement remain in full force and effect.

 

This Amendment may be executed by facsimile or in .pdf electronic format and in counterparts, each of which shall be deemed to be an original, and both of which taken together, shall constitute one agreement binding on both parties.

 

[SIGNATURE PAGE FOLLOWS]



	 
	1
	

 
	 



 

IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this Amendment as of the date first above written.

 


	 	
RenovaCare, Inc.
	
	 	 	 	 
		By:	/s/ Thomas Bold	
	
 
	
Name:
	Thomas Bold	 
	 	Title:	President and Chief Executive Officer	 
	 	 	 	 



 


	 	
Joseph Sierchio
	
	 	 	 	 
		By:	/s/ Joseph Sierchio 	
	
 
	
Name:
	Joseph Sierchio	 
	 	 		 



 


	2
Exhibit 32.2


CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


The undersigned, the Chief Financial Officer of Gladstone Capital Corporation (the “Company”), hereby certifies on the date hereof, pursuant to 18 U.S.C. §1350(a), as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q for the quarter ended June 30, 2022 (“Form 10-Q”), filed concurrently herewith by the Company, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.


Date: July 27, 2022


/s/Nicole SchaltenbrandNicole SchaltenbrandChief Financial Officer and Treasurer
<PAGE>


                                                                    EXHIBIT 99.4


I, William L. Ginna, Jr. certify that:

1. I have reviewed this annual report on Form 10-K of aaiPharma Inc.;

2. Based on my knowledge, this annual 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 annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual 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 annual report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

         a) designed such disclosure controls and procedures 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 annual report is
         being prepared;

         b) evaluated the effectiveness of the registrant's disclosure controls
         and procedures as of a date within 90 days prior to the filing date of
         this annual report (the "Evaluation Date"); and

         c) presented in this annual report our conclusions about the
         effectiveness of the disclosure controls and procedures based on our
         evaluation as of the Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, 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 or operation of internal
         controls which could adversely affect the registrant's ability to
         record, process, summarize and report financial data and have
         identified for the registrant's auditors any material weaknesses in
         internal controls; and

         b) any fraud, whether or not material, that involves management or
         other employees who have a significant role in the registrant's
         internal controls; and

6. The registrant's other certifying officers and I have indicated in this
annual report whether there were significant changes in internal controls or in
other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

March 24, 2003  /s/ WILLIAM L. GINNA, JR.    Executive Vice President and Chief
--------------  -------------------------    Financial Officer
                William L. Ginna, Jr.
**Exhibit 23.1**
**CONSENT OF INDEPENDENT CERTIFIED PUBLICACCOUNTANTS**
     We have issued our report dated February 13,2003 (except for Notes 3 and 14 as to which the date isMarch 26, 2003) accompanying the consolidated financialstatements and schedules incorporated by reference in the AnnualReport of Xybernaut Corporation (the Company) on Form 10-Kfor the year ended December 31, 2002. We hereby consent tothe incorporation by reference of said report in theRegistration Statements of the Company on Forms S-3 (FileNo. 333-68859, effective January 25, 1999, FileNo. 333-33940, effective April 25, 2000, FileNo. 333-40996, effective August 4, 2000, FileNo. 333-51974, effective January 12, 2001, FileNo. 333-60556, effective May 23, 2001, FileNo. 333-68832, effective November 15, 2001, FileNo. 333-74182, effective December 27, 2001, FileNo. 333-85188, effective April 22, 2002, FileNo. 333-92348, effective July 29, 2002, FileNo. 333-99041, effective September 19, 2002, and FileNo. 333-101257, effective November 27, 2002) and onForm S-8 (File No. 333-94463, effective January 12,2000, File No. 333-56814, effective March 9, 2001 andFile No. 333-92344, effective July 12, 2002).
/s/ GRANT THORNTON LLP      Vienna, Virginia     March 26, 2003
<PAGE>   1
                                                             EXHIBIT 11.1


EXHIBIT 11.1  COMPUTATION OF NET LOSS PER SHARE

<TABLE>
<CAPTION>

                                                                  Twelve Months                 Three Months
                                                                      Ended                        Ended
                                                                December 31, 1996             December 31, 1996
                                                                -----------------             -----------------
<S>                                                            <C>                          <C>
Shares outstanding December 31, 1995 ...................           6,652,059                      6,652,059

Weighted average shares for the Heartland acquisition
  as of January 1, 1996 involving 261,424 shares .........           261,424                        261,424

Weighted average shares for the ALS-Midwest
  acquisition involving 172,536 shares in May 1996 .......           104,653                        172,536

Weighted average shares for the Crossings
  acquisition involving 2,007,049 shares in May 1996 .....         1,217,390                      2,007,049

Weighted average shares for the private equity
  transactions occurring in May 1996
  involving 430,281 shares ...............................           260,990                        430,281

Weighted average shares for initial public offering
  occurring in August 1996 involving 3,443,206 shares. ...         1,392,335                      3,443,206

Weighted average shares for exercise of 41,580
  stock options on 12/30/96 ..............................               228                            904

Weighted average shares for redemption of 11,639
  shares on 12/31/96 .....................................               (32)                          (127)
                                                               -------------                ---------------

Total .....................                                        9,889,047                     12,967,332
                                                               =============                ===============

Net loss attributable to common shares .................       $  (7,811,000)               $    (1,600,000)
                                                               =============                ===============

Net loss per common and common equivalent shares .......       $       (0.79)               $         (0.12)
                                                               =============                ===============


</TABLE>





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