alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv4w1



 






Exhibit 4.1



CERTIFICATE OF AMENDMENT




OF




THE RESTATED CERTIFICATE OF INCORPORATION OF




STEMCELLS, INC.




Pursuant to Section 242 of the General

Corporate Law of the State of Delaware




****




     StemCells, Inc., a Delaware corporation (the “Corporation”), does hereby
certify as follows:



     FIRST, the Restated Certificate of Incorporation of StemCells, Inc. (the
“Corporation”) is hereby amended so that the first paragraph of Section Four is
deleted in its entirety and restated as follows:




     Four. The total number of shares of stock that this Corporation
shall have authority to issue is 126,000,000, consisting of 125,000,000
shares of Common Stock, with a par value of $.01 per share (the “Common
Stock”), and 1,000,000 shares of Undesignated Preferred Stock with a par
value of $.01 per share (the “Undesignated Preferred Stock”).



     SECOND, the foregoing amendment has been duly adopted in accordance with
Section 242 of the General Corporate Law of the State of Delaware.




     IN WITNESS WHEREOF, the undersigned has caused this Certificate to
be duly executed in its corporate name this 25th day of May, 2004.


	 	 	 	 	 
	 	STEMCELLS, INC.

 	 
	 	By:  	/s/  Iris Brest
 	 
	 	 	Name:  	Iris Brest 	 
	 	 	Title:  	General Counsel
[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Notices]
[Page 74290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20734]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--MLCommons Association

    Notice is hereby given that, on June 13, 2024, pursuant to section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), MLCommons Association 
(``MLCommons'') 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, tinygrad, Corp., San Diego, CA; Foxconn Industrial 
internet Co., Ltd., Shenzhen City, PEOPLE'S REPUBLIC OF CHINA; Hot 
Aisle, Inc., Cheyenne, WY; GATE Overflow Educational Services LLP, 
Thiruvananthapuram, INDIA; SeonJin Na (individual member), Atlanta, GA; 
Hashim Shaik (individual member), Monmouth Junction, NJ; David Tweedle 
(individual member), San Fernando, TRINIDAD AND TOBAGO; Andr[eacute] 
Bertolace (individual member), Oxford, UNITED KINGDOM; Abhinav Moudgil 
(individual member), London, UNITED KINGDOM; David Hou (individual 
member), Fremont, CA; Fengxiang He (individual member), Edinburgh, 
UNITED KINGDOM; Satyapriya Krishna (individual member), Allston, MA; Da 
Song (individual member), Edmonton, CANADA; Lei Ma (individual member), 
Bunkyo-Ku, JAPAN; Yuheng Huang (individual member), Bunkyo City, JAPAN; 
Alin Navas (individual member), Dundrum, IRELAND; and J. Francisco 
Munoz-Elguezabal (individual member), Guadalajara, MEXICO, 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 MLCommons intends to file additional 
written notifications disclosing all changes in membership.
    On September 15, 2020, MLCommons 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 September 29, 2020 (85 FR 61032).
    The last notification was filed with the Department on April 3, 
2024. A notice was published in the Federal Register pursuant to 
section 6(b) of the Act on April 16, 2024 (89 FR 26925).

Suzanne Morris,
Deputy Director Civil Enforcement Operations, Antitrust Division.
[FR Doc. 2024-20734 Filed 9-11-24; 8:45 am]
BILLING CODE P
* 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 July 13, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40187 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MANUEL FELIPE RAMOS-GUTIERREZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 2:05-CR-487-ALL

-------------------- Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Manuel Felipe Ramos-Gutierrez raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-4431

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

v.

JAMES GRAY,

 Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at 

Wheeling. John Preston Bailey, District Judge. (5:20-cr-00044-JPB-JPM-1)

Submitted: April 27, 2023 Decided: June 6, 2023

Before WILKINSON and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

ON BRIEF: Frank C. Walker II, FRANK WALKER LAW, Clairton, Pennsylvania, for 

Appellant. William Ihlenfeld, United States Attorney, Jennifer T. Conklin, Assistant 

United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, 

West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 21-4431 Doc: 30 Filed: 06/06/2023 Pg: 1 of 3
2

PER CURIAM:

James Gray appeals his 120-month sentence imposed following a jury conviction

for unlawful possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2)

(2018). On appeal, Gray argues that his sentence is procedurally and substantively 

unreasonable. We affirm.

We review a sentence for reasonableness, applying “a deferential 

abuse-of-discretion standard.” United States v. Torres-Reyes, 952 F.3d 147, 151 (4th Cir. 

2020) (internal quotation marks omitted). 

Gray argues that his sentence is procedurally unreasonable because the district court 

erred by failing to incrementally depart and explain its incremental departure from a 

criminal history category of VI to an extrapolated category of IX. After reviewing the 

record, we conclude that the district court deviated from the Guidelines range based on 

Gray’s extensive criminal history, its impact on the community, the need to promote 

respect for the law, and the need for deterrence. Thus, Gray’s sentence is not procedurally 

unreasonable.

Next, Gray argues that his sentence is substantively unreasonable because the extent 

of the variance was not justified by the applicable § 3553(a) factors and was greater than 

necessary to achieve the goals of sentencing. Having reviewed the record and accorded 

due deference to the district court, we conclude the district court did not abuse its discretion 

in varying upward from a 70- to 87-month Guidelines range to a 120-month sentence. 

USCA4 Appeal: 21-4431 Doc: 30 Filed: 06/06/2023 Pg: 2 of 3
3

We therefore affirm the district court’s judgment. We dispense with oral argument 

because the facts and legal contentions are adequately presented in the materials before this 

court and argument would not aid the decisional process.

AFFIRMED

USCA4 Appeal: 21-4431 Doc: 30 Filed: 06/06/2023 Pg: 3 of 3
ROGER DALE CHAPMAN,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D13-5884

_____________________________/

Opinion filed December 11, 2014.

An appeal from the Circuit Court for Holmes County.

Christopher N. Patterson, Judge.

Roger D. Chapman, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Bryan Jordan, Assistant Attorney

General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

WOLF, BENTON, and MAKAR, JJ., CONCUR.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          OCT-28-2000
<PERIOD-END>                               OCT-28-2000
<CASH>                                            4196
<SECURITIES>                                       801
<RECEIVABLES>                                      526
<ALLOWANCES>                                         0
<INVENTORY>                                        380
<CURRENT-ASSETS>                                  6095
<PP&E>                                            1751
<DEPRECIATION>                                     955
<TOTAL-ASSETS>                                    6894
<CURRENT-LIABILITIES>                              319
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           250
<OTHER-SE>                                        6325
<TOTAL-LIABILITY-AND-EQUITY>                      6894
<SALES>                                           3384
<TOTAL-REVENUES>                                  3384
<CGS>                                             2668
<TOTAL-COSTS>                                     2668
<OTHER-EXPENSES>                                   589
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    402
<INCOME-TAX>                                       157
<INCOME-CONTINUING>                                245
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       245
<EPS-BASIC>                                        .32
<EPS-DILUTED>                                      .32


</TABLE>
DISMISS and Opinion Filed March 28, 2014 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05-14-00162-CV GWENDOLYN JEANETTE WATEL, Appellant V. DUMANN REALTY, LLC, Appellee On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-11-12649-K



### MEMORANDUM OPINION Before Justices Bridges, O’Neill, and Brown Opinion by Justice Bridges In a letter dated March 6, 2014, the Court questio ned its jurisdiction over this appeal. We instructed appellant to file a letter brief by March 17, 2014 addressing our concern and gave appellee an opportunity to respond. We cautioned appellant that fa ilure to file a jurisdictional brief within the time requested woul d result in dismissal of the app eal without further notice. As of today’s date, appellant has not filed a jurisdictional brief. Generally, this Court has jurisdiction onl y over appeals from final judgments. See Lehmann v. Har-Con Corp ., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. See id . An order denying a motion for judgment nunc pro tunc is not an appealable order. See Shadowbrook Apartments v. Abu-Ahmad , 783 S.W.2d 210, 211 (Tex. 1990).–2– In her notice of appeal, appellant stated she is appealing the trial court’s order denying her “Motion for Judgment to Correct Clerical Mistake (Nunc Pro Tunc) and Motion to Void Domesticated Foreign Judgment and Orders to Enforce Corrected Domesticated Foreign Judgment.” The foreign judgment was filed in the trial court on Sept ember 9, 2011. We note that appellant appealed the dom esticated foreign judgment in an earlier appeal. We dismissed that appeal, however, because her notice of appeal was untimely. The order appellant has now appealed fr om is not an appealable order. See Shadowbrook Apartments , 783 S.W.2d at 211. Accordingly, we dismi ss the appeal for want of jurisdiction.
See T EX
. R. A PP
. P. 42.3(a).

140162F.P05 /David L. Bridges/ DAVID L. BRIDGES JUSTICE–3– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

GWENDOLYN JEANETTE WATEL, Appellant No. 05-14-00162-CV V. DUMANN REALTY, LLC, Appellee On Appeal from the 192nd Judicial District Court, Dallas County, Texas. Trial Court Cause No. DC-11-12649-K. Opinion delivered by Justice Bridges. Justices O’Neill and Brown, participating.
In accordance with this Court’s opi nion of this date, the appeal is DISMISSED

. It is ORDERED that appellee, DUMANN REALTY, LLC , recover its costs of this appeal from appellant, GWENDOLYN JEANETTE WATEL.
Judgment entered March 28, 2014

/David L. Bridges/ DAVID L. BRIDGES JUSTICE
1 

# Memo

To: Docket EPA-HQ-OAR-2010-0799 From: Joseph McDonald, U.S. EPA-OTAQ-ASD CC: Ed Nam, U.S. EPA-OTAQ-ASD Date: October 6, 2010 Re: Automotive News articl e on Hyundai Sonata Hybrid
A hard copy of the August 2, 2010 Automotive News article entitled “"Hyundai ups tech ante with Sonata Hybrid” is available wi thin EPA’s Docket Center. The article has been copyrighted and is not available within the electronic docket. Parties that wish to view a hard copy of this document can do so at the at the EPA Docket Center: Air and Radiation Docket and Information Center, EPA/DC, EPA We st, Room 3334, 1301 Constitution Ave., NW, Washington DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566- 1744, and the telephone number for the Air Docket is (202) 566-1742.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-25-1999
<PERIOD-START>                             DEC-28-1998
<PERIOD-END>                               MAR-27-1999
<CASH>                                             800
<SECURITIES>                                         0
<RECEIVABLES>                                  213,280
<ALLOWANCES>                                    11,014
<INVENTORY>                                          0
<CURRENT-ASSETS>                               229,183
<PP&E>                                          53,351
<DEPRECIATION>                                  15,874
<TOTAL-ASSETS>                                 378,317
<CURRENT-LIABILITIES>                          185,783
<BONDS>                                          3,647
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,725
<OTHER-SE>                                     177,175
<TOTAL-LIABILITY-AND-EQUITY>                   378,317
<SALES>                                              0
<TOTAL-REVENUES>                               209,563
<CGS>                                                0
<TOTAL-COSTS>                                  146,138
<OTHER-EXPENSES>                                58,031
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,525
<INCOME-PRETAX>                                  2,869
<INCOME-TAX>                                     1,168
<INCOME-CONTINUING>                              1,701
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,701
<EPS-PRIMARY>                                     0.03
<EPS-DILUTED>                                     0.03
        

</TABLE>
Exhibit 32.1



Certification of Chief Executive Officer



Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of
Keystone Automotive Industries, Inc. (the Company) hereby certifies, to such officers knowledge, that:



| | (i) | the accompanying Quarterly Report on Form 10-Q of the Company for the fiscal quarter ended July 2, 2004 (the Report) fully complies with the requirements of
Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|                       |  |                                           
|---------------------- |  | ------------------------------------------
|Dated: August 11, 2004 |  | /s/ CHARLES J. HOGARTY                    
|                       |  | Charles J. Hogarty Chief Executive Officer
<TABLE> <S> <C>


<ARTICLE>                                           7
       
<S>                                           <C>
<PERIOD-TYPE>                                 3-MOS
<FISCAL-YEAR-END>                             Dec-31-1999
<PERIOD-START>                                Jan-1-1999
<PERIOD-END>                                  Mar-31-1999
<DEBT-HELD-FOR-SALE>                            645,362
<DEBT-CARRYING-VALUE>                            29,394
<DEBT-MARKET-VALUE>                              30,295
<EQUITIES>                                      155,909
<MORTGAGE>                                            0
<REAL-ESTATE>                                         0
<TOTAL-INVEST>                                  830,665
<CASH>                                           59,900
<RECOVER-REINSURE>                               28,225
<DEFERRED-ACQUISITION>                           25,742
<TOTAL-ASSETS>                                1,616,161
<POLICY-LOSSES>                                 933,828
<UNEARNED-PREMIUMS>                             120,580
<POLICY-OTHER>                                        0
<POLICY-HOLDER-FUNDS>                                 0
<NOTES-PAYABLE>                                 104,120
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           0
<COMMON>                                              0
<OTHER-SE>                                      302,329
<TOTAL-LIABILITY-AND-EQUITY>                  1,616,161
<PREMIUMS>                                       69,664
<INVESTMENT-INCOME>                              12,840
<INVESTMENT-GAINS>                                  243 
<OTHER-INCOME>                                    2,594
<BENEFITS>                                       51,848
<UNDERWRITING-AMORTIZATION>                      19,320
<UNDERWRITING-OTHER>                              6,197
<INCOME-PRETAX>                                   1,584
<INCOME-TAX>                                        514
<INCOME-CONTINUING>                               1,490
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                      1,490
<EPS-PRIMARY>                                         0
<EPS-DILUTED>                                         0
<RESERVE-OPEN>                                        0
<PROVISION-CURRENT>                                   0
<PROVISION-PRIOR>                                     0
<PAYMENTS-CURRENT>                                    0
<PAYMENTS-PRIOR>                                      0
<RESERVE-CLOSE>                                       0
<CUMULATIVE-DEFICIENCY>                               0
        


</TABLE>
[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Notices]
[Page 75540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20925]


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

ENVIRONMENTAL PROTECTION AGENCY

[Petitions IV-2024-5; FRL-12205-01-R4]


Clean Air Act Operating Permit Program; Order on Petition for 
Objection to State Operating Permit for Epic Alabama Maritime Assets, 
LLC, Alabama Shipyard, LLC (Mobile County, Alabama)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition.

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

SUMMARY: The EPA Administrator signed an order dated August 16, 2024, 
granting in part and denying in part the petition dated March 28, 2024, 
from Mobile Environmental Justice Action Coalition and Greater-
Birmingham Alliance to Stop Pollution (GASP). The petition requested 
that EPA object to the Clean Air Act (CAA) title V operating permit 
issued by the Alabama Department of Environmental Management (ADEM) to 
Epic Alabama Maritime Assets, LLC, Alabama Shipyard, LLC (Alabama 
Shipyard) for its facility located in Mobile, Mobile County, Alabama.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section, 
EPA Region 4, (404) 562-9115, <a href="/cdn-cgi/l/email-protection#731b1c151e161a000716015d120107331603125d141c05"><span class="__cf_email__" data-cfemail="cca4a3aaa1a9a5bfb8a9bee2adbeb88ca9bcade2aba3ba">[email protected]</span></a>. The final order 
and petition are available at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

SUPPLEMENTARY INFORMATION: EPA received a petition from Mobile 
Environmental Justice Action Coalition and GASP dated March 28, 2024, 
requesting that EPA object to the issuance of operating permit no. 503-
6001, issued by ADEM to Alabama Shipyard in Mobile, Mobile County, 
Alabama. On August 16, 2024, the EPA Administrator issued an order 
granting in part and denying in part the petition. The order itself 
explains the bases for EPA's decision. Sections 307(b) and 505(b)(2) of 
the CAA provide that a petitioner may request review of those portions 
of an order that deny issues in a petition. Any petition for review 
shall be filed in the United States Court of Appeals for the 
appropriate circuit no later than November 15, 2024.

    Dated: September 10, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-20925 Filed 9-13-24; 8:45 am]
BILLING CODE P


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