alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2023 ND 179

Robert Michael Williamson, Petitioner and Appellant

v.

State of North Dakota, Respondent and Appellee

No. 20230069

Appeal from the District Court of Burleigh County, South Central Judicial 

District, the Honorable James S. Hill, Judge.

AFFIRMED.

Per Curiam.

Kiara C. Kraus-Parr, Grand Forks, N.D., for petitioner and appellant; 

submitted on brief.

David L. Rappenecker, Assistant State’s Attorney, Bismarck, N.D., for

respondent and appellee; submitted on brief.

FILED 

IN THE OFFICE OF THE 

CLERK OF SUPREME COURT 

SEPTEMBER 28, 2023 

STATE OF NORTH DAKOTA
1

Williamson v. State

No. 20230069

Per Curiam.

[¶1] Robert Michael Williamson appeals from an order denying his 

application for postconviction relief. He argues the district court abused its 

discretion by not permitting confidential attorney-client communication 

during his telephonic hearing. Williamson also requests correction of the 

record.

1 We summarily affirm the order denying his application for 

postconviction relief, and deny the request to correct the record.

[¶2] Williamson argues the district court erred by not allowing him to have 

“appropriate confidential attorney-client communication” during his 

telephonic hearing. The parties stipulated to telephonic or electronic 

appearance. During the hearing, Williamson and his attorney conferred in a 

private electronic chat room. The district court has broad discretion over the 

progress and conduct of a trial or hearing. Schrodt v. Schrodt, 2022 ND 64, ¶ 8, 

971 N.W.2d 861. We summarily affirm under N.D.R.App.P. 35.1(a)(4).

[¶3] Williamson also requests this Court correct the record pursuant to 

N.D.R.App.P. 10(h) and 27. Williamson moved the district court to correct the 

record, arguing the transcript contains two errors. The district court “listened 

to the recording of the proceedings” and denied the motion. “[T]he abuse of 

discretion standard of review applies to a district court decision on a motion to 

correct the record under N.D.R.App.P. 10(h)(2).” Rogers v. State, 2017 ND 271, 

¶ 13, 903 N.W.2d 730; see also Waldie v. Waldie, 2008 ND 97, ¶ 11, 748 N.W.2d 

683 (“When a district court may do something, it is generally a matter of 

discretion.”). After reviewing the recording and the transcript, we conclude the 

district court did not abuse its discretion in denying the motion because the 

transcript accurately reflects the audio recording. The request to this Court to 

correct the record is denied for the same reason.

1 Williamson’s claim regarding an illegal sentence will be addressed in his direct 

appeal. See Case No. 20230205.
2

[¶4] Jon J. Jensen, C.J.

Daniel J. Crothers

Lisa Fair McEvers

Jerod E. Tufte

Douglas A. Bahr
#### Great Bear Spring Company, Respondent, *v.*John Tartamella, as President of Barbers & Beauty Culturists Union of America, an Unincorporated Association, Appellant.

Supreme Court, Appellate Term, First Department,

March 28, 1957.

*Louis P. Goldberg*for appellant.

*Jay Genzer*for respondent.

*Per Curiam.*

Defendant failed to controvert any of the allegations contained in plaintiff’s affidavit. Standing undenied these allegations are sufficient and no issue is raised. Defend*304ant’s opposition is limited to the claim that the person served was not, at the time, its president. This objection does not survive a general appearance. (N. Y. City Mun. Ct. Code, § 88; Civ. Prac. Act, § 237-a).

The judgment and order should be affirmed, with $10 costs.

Hofstadter, Steuer and Hecht, JJ., concur.

Judgment and order affirmed, etc.
**Exhibit 32.1**

 

**CertificationPursuant to 18 U.S.C. Section 1350 as AdoptedPursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

** **

Solely for the purpose of Section 906 of the Sarbanes-Oxley Act of2002, and solely to the extent this certification may be applicable to thisReport on Form 10-Q, the undersigned hereby certify that this report on Form10-Q of Stewart & Stevenson Services, Inc. fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of1934 and that the information contained in this report on Form 10-Q fairlypresents, in all material respects, the financial condition and results ofoperations of Stewart & Stevenson Services, Inc.

 

 
|   | /s/  Max L. Lukens   |                                        |
|--------|---------------------------|---------------------------------------------|
|   | Name:                     | Max L. Lukens                               |
|   | Title:                    | President and  Chief Executive Officer      |
|   |                      |                                        |
|   |                      |                                        |
|   | /s/  John B. Simmons |                                        |
|   | Name:                     | John B. Simmons                             |
|   | Title:                    | Vice President  and Chief Financial Officer |
|        |                           |                                             |  |  |

 

----
Exhibit 13.1




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 on Form 20-F of Lingo Media Corporation (the “Registrant”) for the year ended December 31, 2011, as filed with the Securities and Exchange Commission on the date hereof, I hereby 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 annual report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
 
 2.
The information contained in the annual report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
 
 Date: January 22, 2013
 
 /s/ Michael KraftMichael Kraft

President & Chief Executive Officer
 
 This written statement is being furnished to the Securities and Exchange Commission as an exhibit to the Company’s Annual Report on Form 20-F. A signed original of this statement has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
 
 This certification accompanies this Annual Report on Form 20-F pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
#### In the Matter of William Schwartz, Petitioner, against Robert C. Weaver, as State Rent Administrator, Respondent.

Supreme Court, Special Term, New York County,

December 6, 1956.

*Lyman Stanshy*for petitioner.

*Nathan Heller*and *Ellis S. FranJce*for respondent.

Edgar J. Nath ah, Jr., J.

This proceeding is brought to annul an order of the State Rent Administrator which denied petitioner’s protest ag’ainst an order declaring his premises subject to the emergency housing rent control law.

The premises were registered as a residential unit during the period of Federal rent control and thereafter rented for business purposes. In 1956 the rent commission initiated an investigation and found that this apartment was being used for housing purposes.

Petitioner contends that the housing commission has no jurisdiction since the apartment had been previously rented for commercial purposes and therefore was decontrolled. A renting for commercial purposes does not decontrol so as to deprive commission of jurisdiction even when commercial rent was fixed by law *(Bohn*v. *434 East 59 St.,*282 App. Div. 573 [1953]).

Even assuming the landlord acted in good faith in the belief he was creating a commercial tenancy, this fact would not preclude the commission or prevent it from a determination that the premises were being used for residential purposes *(Hermett Realty Corp.*v. *Weaver,*N. Y. L. J., June 25, 1956, p. 6, col. 4).

The determination of respondent was not arbitrary, capricious or contrary to law, and accordingly the motion to vacate is denied and the petition dismissed.
================================================================================
Exhibit 31.2

                          FORM OF OFFICER'S CERTIFICATE
                             PURSUANT TO SECTION 302

The undersigned Treasurer, CFO, Principal Accounting Officer of Dawn Capital
Corp., hereby certifies that:

1.    I have reviewed this annual report on Form 10-KSB;

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 in
      order 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 the report, fairly present in all material
      respects the financial condition, results of operations and cash flows of
      the issuer as of, and for, the periods presented in this annual report;

4.    The Company'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 Company and have:

      a.    designed such disclosure controls and procedures to ensure that
            material information relating to the Company, 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 Company'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 Company's other certifying officers and I have disclosed based on our
      most recent evaluation, to the Company's auditors and to the audit
      committee of the board of directors (or persons fulfilling the equivalent
      function):

      a.    all significant deficiencies in the design or operation of internal
            controls which could adversely affect the Company's ability to
            record, process, summarize and report financial data and have
            identified for the Company'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 Company's
            internal controls.


Dated: March 29, 2004                   By: /s/ Keith Attoe
                                            ------------------------------------
                                            Keith Attoe, CFO, Treasurer,
                                            Principal Accounting Officer and
                                            Director
<PAGE>

                                                                    EXHIBIT 99.3

                                                                    PO Box 84013
                                                          Columbus GA 31908-4013
                                                               Tel. 800.784.5566

                                                      [GREENPOINT MORTGAGE LOGO]

TO : RWT HOLDINGS, INC.

      Re: Annual Statement as to Compliance by the Seller

      Pursuant to Section 6.04 of the Mortgage Loan Flow Purchase, Sale, and
Servicing Agreement between GreenPoint Mortgage Funding, Inc. as Seller (the
"Seller") and RWT Holdings, Inc. as Purchaser, dated as of August 1, 2002 (the
"Agreement"), the undersigned officer of the Seller, hereby certifies as to the
following:

            (i) a review of the activities of the Seller during the calendar
      year ended December 31, 2004 (the "Applicable Period") and of the Seller's
      performance under the Agreement has been made under the direct supervision
      of the undersigned officer; and

            (ii) to the best knowledge of the undersigned officer, based on such
      review, the Seller has fulfilled all of its obligations under the
      Agreement throughout the Applicable Period, and there has been no known
      default in the fulfillment of the Seller's obligations throughout such
      Applicable Period.

                                        Very Truly Yours

                                        GREENPOINT MORTGAGE
                                        FUNDING, INC.
                                        as Seller

                                        /s/ Roy Briggs
                                        -------------------------
                                        Name: Roy Briggs
                                        Title: Vice President

                AVISO IMPORTANCE ARA LAS PERSONAS HABLA ESPENOL

     Si usted no entiendo el contenido do esta carts por favor obtonga una
                            trnduckion immediamente

                 2300 BROOKSTONC CENTRE PKWY COLUMBUS GA 31904
       CUSTOMER SERVICE HOURS: MONDAY - FRIDAY, 8:30 AM - 8:00 PM, EASTERN
                           WWW.GREENPOINTSERVICE.COM
EXHIBIT 32



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 Elizabeth Arden, Inc. (the "Company") on Form 10-Q for the period ended September 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, E. Scott Beattie, Chairman and Chief Executive Officer of the Company, and I, Stephen J. Smith, Executive Vice President and Chief Financial 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 to the best of our knowledge:



(i)   The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



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



|Date:  November 8, 2004 |  | /s/ E. Scott Beattie                                
|----------------------- |  | ----------------------------------------------------
|                        |  |                                                     
|                        |  | E. Scott Beattie                                    
|                        |  | Chairman and Chief Executive Officer                
|                        |  |                                                     
|Date:  November 8, 2004 |  | /s/ Stephen J. Smith                                
|                        |  |                                                     
|                        |  | Stephen J. Smith                                    
|                        |  | Executive Vice President and Chief Financial Officer
|                        |  |                                                     

This certification accompanies this Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1923, as amended (the "Exchange Act").  Such Certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
<TABLE> <S> <C>

<ARTICLE>                                            5
<MULTIPLIER>                                         1000
       
<S>                                                  <C>
<PERIOD-TYPE>                                        6-MOS
<FISCAL-YEAR-END>                                    Jun-30-1998
<PERIOD-START>                                       Jul-01-1997
<PERIOD-END>                                         Dec-31-1997
<CASH>                                               3,842
<SECURITIES>                                         0
<RECEIVABLES>                                        9,718
<ALLOWANCES>                                         1,148
<INVENTORY>                                          12,148
<CURRENT-ASSETS>                                     26,982
<PP&E>                                               7,759
<DEPRECIATION>                                       4,163
<TOTAL-ASSETS>                                       33,786
<CURRENT-LIABILITIES>                                6,512
<BONDS>                                              21,449
<COMMON>                                             161
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                           5,664
<TOTAL-LIABILITY-AND-EQUITY>                         33,786
<SALES>                                              37,939
<TOTAL-REVENUES>                                     37,939
<CGS>                                                27,166
<TOTAL-COSTS>                                        27,166
<OTHER-EXPENSES>                                     7,469
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   1,479
<INCOME-PRETAX>                                      1,825
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  1,825
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         1,825
<EPS-PRIMARY>                                        0.13
<EPS-DILUTED>                                        0.12
        

</TABLE>
Exhibit 1

Case 6:20-cv-00458-ADA Document 48-1 Filed 01/29/21 Page 1 of 11
Case 6:20-cv-00458-ADA Document 48-1 Filed 01/29/21 Page 2 of 11
Case 6:20-cv-00458-ADA Document 48-1 Filed 01/29/21 Page 3 of 11
Case 6:20-cv-00458-ADA Document 48-1 Filed 01/29/21 Page 4 of 11
Case 6:20-cv-00458-ADA Document 48-1 Filed 01/29/21 Page 5 of 11
Case 6:20-cv-00458-ADA Document 48-1 Filed 01/29/21 Page 6 of 11
Case 6:20-cv-00458-ADA Document 48-1 Filed 01/29/21 Page 7 of 11
Case 6:20-cv-00458-ADA Document 48-1 Filed 01/29/21 Page 8 of 11
Case 6:20-cv-00458-ADA Document 48-1 Filed 01/29/21 Page 9 of 11
Case 6:20-cv-00458-ADA Document 48-1 Filed 01/29/21 Page 10 of 11
Case 6:20-cv-00458-ADA Document 48-1 Filed 01/29/21 Page 11 of 11
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

OMNITEK PARTNERS LLC,

Plaintiff,

v.

VOLVO CAR USA dba VOLVO, and 

VOLVO CAR CORPORATION,

Defendants.

Civil Action No. 6:20-cv-441

JURY TRIAL DEMANDED 

CORPORATE DISCLOSURE STATEMENT PURSUANT TO FED. R. CIV. P. 7.1(A)

Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, Plaintiff Omnitek Partners 

LLC declares that it is a private company with no corporate parent.

Dated: May 29, 2020 DEVLIN LAW FIRM LLC

/s/ Alex Chan

Timothy Devlin (pro hac vice to be filed)

tdevlin@devlinlawfirm.com

Patrick R. Delaney (pro hac vice to be filed)

pdelaney@devlinlawfirm.com

Alex Chan (Texas Bar No. 24108051)

achan@devlinlawfirm.com

Cory Edwards (pro hac vice to be filed)

cedwards@devlinlawfirm.com

1526 Gilpin Ave.

Wilmington, Delaware 19806

Telephone: (302) 449-9010

Facsimile: (302) 353-4251

Attorneys for Plaintiff,

Omnitek Partners, LLC

Case 6:20-cv-00441-ADA Document 4 Filed 05/29/20 Page 1 of 2
Page 2 of 2

CERTIFICATE OF SERVICE

I hereby certify that on May 29, 2020 I electronically filed the foregoing with the Clerk 

of Court using the CM/ECF system which will send notification of such filing to all counsel of 

record in the above-referenced matter.

Dated: May 29, 2020 /s/ Alex Chan

 Alex Chan

Case 6:20-cv-00441-ADA Document 4 Filed 05/29/20 Page 2 of 2
<PAGE>

Exhibit 31.1

CERTIFICATION

I, Frank F. Ferola, certify that:

1. I have reviewed this Quarterly Report on Form 10-QSB/A of The Stephan Co.;

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 small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer'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 we 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 small business issuer, 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 small business issuer'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; and

c) disclosed in this report any change in the small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

5. The small business issuer's other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
small business issuer'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 small business issuer'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 small business issuer's internal
control over financial reporting.

Date: January 10, 2008


/s/ Frank F. Ferola
----------------------------------
Frank F. Ferola
Chief Executive Officer