alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Sabria C. PORTON, Debtor. Sabria PORTON, Plaintiff, v. John H. PECK, P. Ward Peck, III and Sue H. Peck, Defendants.

Bankruptcy No. 81-1126.

United States Bankruptcy Court, M. D. Florida, Tampa Division.

Jan. 7, 1982.

*173Russell S. Bogue, III, Tampa, Fla., for John Peck.

G. Gary Moody, Gainesville, Fla., for P. Ward Peek and Sue H. Peck.

Jeffrey Warren, Tampa, Fla., for debt- or/plaintiff.

ORDER ON MOTION TO DISMISS

ALEXANDER L. PASKAY, Chief Judge.

THIS IS an adversary proceeding and the matter under consideration is a Motion to Dismiss Counts Y, VI, VII and IX of the complaint filed by Sabría C. Porton, the Debtor who now seeks relief under Chapter 13 of the Bankruptcy Code. Although the complaint sounds in nine Counts, the Motion to Dismiss attacks only the above-mentioned Counts.

The claim set forth in Count V seeks to quiet the title in realty. The Motion to Dismiss this Count is based upon the ground that the Plaintiff has failed to allege sufficient facts to support her allegation of “equitable title” which is a prerequisite to maintaining a suit to quiet title. *Atlantic Beach Improvement Corporation v. Hall,*143 Fla. 778, 197 So. 464 (1940); *Welch v. Point of Americas Condominium Apartments, Inc.,*373 So.2d 60 (Fla. 4th DCA 1979). The claim set forth in this Court alleges that the Plaintiff has an equitable interest or title in the alternative. Accordingly, the Count sets forth a cognizable claim for which relief can be granted if it is ultimately established that the Plaintiff in fact has an equitable title to the land in question.

In Count VI, the Plaintiff seeks to set aside a transfer under § 548 of the Bankruptcy Code. The subject matter of the alleged transfer is the same real property to which the Plaintiff asserts a claim of equity ownership. Having concluded that Count V sets forth a claim for which relief can be granted, if established, it follows that the claim set forth in Count VI equally states a claim and, therefore, the Motion addressed to this Count is without merit.

The claim set forth in Count VII seeks a partition of the very same property. Construing the pleading as stated in this Count, most favorably to the Plaintiff, a Motion to Dismiss is without merit and cannot be sustained.

Count IX is not a claim against the Defendants P. Ward Peck, III and Sue H. Peck, but only seeking money judgment and accounting against the Defendant, John H. Peck based on a resulting constructive trust. It is clear that the complaint shall be dismissed with respect to the two defendants against whom no claim is asserted.

Accordingly, it is

*174ORDERED, ADJUDGED AND DECREED that the Motion to Dismiss Counts V, VI and VII be, and the same hereby is, denied. It is further

ORDERED, ADJUDGED AND DECREED that the Motion to Dismiss Count IX be, and the same hereby is, granted. It is further

ORDERED, ADJUDGED AND DECREED that the Defendants shall have 20 days from the date of entry of this Order within which to file an answer or other responsive pleading.
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CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350 ADOPTED


PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Amendment No. 1 to Annual Report of Quest Minerals &
Mining Corp., a Utah corporation, (the “Company”) on Form 10-K for the year
ending December 31, 2008, as filed with the Securities and Exchange Commission
on the date hereof (the “Report”), I, Eugene Chiaramonte, Jr., President of the
Company, certify the following pursuant to Section 18, U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002:





1.            
The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and





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





/s/
      Eugene Chiaramonte, Jr.Eugene
      Chiaramonte, Jr.,President(Principal Executive Officer and Principal Accounting Officer)June
      16, 2009
Exhibit 32.1


      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         The undersigned hereby certifies, pursuant to, and as required by, 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that the Quarterly Report of Emerging Vision, Inc. (the "Company")
on Form 10-Q for the period ended March 31, 2005 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,
as amended, and that information contained in such Quarterly Report on Form 10-Q
fairly presents, in all material respects, the financial condition and results
of operations of the Company.


Date: May 16, 2005

                                                /s/ Christopher G. Payan
                                                --------------------------------
                                                Christopher G. Payan
                                                Chief Executive Officer


                                                /s/ Brian P. Alessi
                                                --------------------------------
                                                Brian P. Alessi
                                                Chief Financial Officer


The foregoing certification is being furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter
63 of title 18, United States Code) and is not being filed as part of the Form
10-Q or as a separate disclosure document.
**Exhibit 32.2**

 

INSIGNIA SOLUTIONSPLC

 

CERTIFICATIONPURSUANT 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 Insignia Solutions plc (the“Company”) on Form 10-Q for the quarter ended June 30, 2003, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, LindaC. Potts, Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

 

(1)                      The Reportfully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)                      Theinformation contained in the Report fairly presents, in all material respects,the financial condition and result of operations of the Company.

 

 
| /s/  LINDA C.  POTTS |   |   |
|---------------------------|--------|--------|
| Linda C. Potts            |   |
| Chief Financial Officer   |   |
| August 14, 2003           |   |

 

----
#### The People of the State of New York, Respondent, v David Cotton, Appellant.

[632 NYS2d 35]

Judgment unanimously affirmed. Memorandum: Defendant contends that *837Supreme Court erred in denying his motion for severance. By pleading guilty, defendant waived his right to seek appellate review of the denial of that motion *(see, People v Baez,*205 AD2d 695, *lv denied*84 NY2d 822; *People v Welcome,*184 AD2d 916, *lv denied*80 NY2d 935; *People v Flagg,*155 AD2d 552). We further conclude that the sentence, which was agreed upon as part of defendant’s plea, is not unduly harsh or severe *(see, People v Tejeda,*217 AD2d 932; *People v Kohler,*147 AD2d 937, *lv denied*73 NY2d 1017). (Appeal from Judgment of Supreme Court, Monroe County, Bergin, J. — Robbery, 1st Degree.) Present— Green, J. P., Lawton, Callahan, Balio and Boehm, JJ.
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Exhibit 99.1  Officer's Certificate as to Compliance for the Series
              2000-9 Certificates dated as of March 21, 2001

              WASHINGTON MUTUAL MORTGAGE SECURITIES CORP.
                         OFFICER'S CERTIFICATE

     The undersigned officer of Washington Mutual Mortgage Securities
Corp., formerly PNC Mortgage Securities Corp., a Delaware corporation
(the "Company") hereby certifies on behalf of the Company and on his
own behalf for purposes of the Company's Mortgage Pass-Through
Certificates, Series 2000-9, as follows:
     1.   I am the duly appointed, qualified and acting Second Vice
          President of the Company.
     2.   Capitalized terms used and not defined herein shall have the
          meanings ascribed to such terms in the Pooling and Servicing Agreement
          related to the above-referenced series of Certificates.
     3.   I am duly authorized to execute and deliver this Officer's
          Certificate on behalf of the Company.
     4.   A review of the activities of the Master Servicer during the
          preceding calendar year and performance under this Agreement has been
          made under my supervision.
     5.   To the best of my knowledge, based on such review, the Master
          Servicer has fulfilled all its obligations under the Agreement
          throughout such year.
     IN WITNESS WHEREOF, I have signed my name as of March 21, 2001.


                              By:  /s/ Richie Moore
                                   ---------------------
                                   Richie Moore
                                   Second Vice President
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Advanced
Lighting Technologies, Inc. Condensed Consolidated Financial Statements for the
three months ended September 30, 1997 and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               JUL-01-1997
<CASH>                                          23,839
<SECURITIES>                                     4,075
<RECEIVABLES>                                   35,435
<ALLOWANCES>                                       318
<INVENTORY>                                     32,469
<CURRENT-ASSETS>                                97,318
<PP&E>                                          52,030
<DEPRECIATION>                                   9,201
<TOTAL-ASSETS>                                 170,508
<CURRENT-LIABILITIES>                           24,712
<BONDS>                                          3,143
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            16
<OTHER-SE>                                     138,155
<TOTAL-LIABILITY-AND-EQUITY>                   170,508
<SALES>                                         30,242
<TOTAL-REVENUES>                                30,242
<CGS>                                           17,546
<TOTAL-COSTS>                                   25,842
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     3
<INTEREST-EXPENSE>                                 337
<INCOME-PRETAX>                                  3,890
<INCOME-TAX>                                     1,400
<INCOME-CONTINUING>                              2,490
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,490
<EPS-PRIMARY>                                      .15
<EPS-DILUTED>                                      .15
        

</TABLE>
CERTIFICATIONS
OF


PRINCIPAL
EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER


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 Micromet, Inc. (the “Company”) on Form 10-K
for the fiscal year ended December 31, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Christian Itin,
President and Chief Executive 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 my knowledge:





1. 
The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and





2. The
information contained in the Report fairly presents, in all material respects,
the financial condition of the Company at the end of the period covered by the
Report and results of operations of the Company for the period covered by the
Report.





Date:
      March 4, 2010
            /s/ Christian
      ItinChristian
      ItinPresident
      and Chief Executive Officer(principal
      executive officer)





This
certification accompanies the Report and shall not be deemed “filed” by the
Company with the Securities and Exchange Commission and is not to be
incorporated by reference into any filing of the Company under the Securities
Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended
(whether made before or after the date of the Report), irrespective of any
general incorporation language contained in such filing.








In
connection with the Annual Report of Micromet, Inc. (the “Company”) on Form 10-K
for the fiscal year ended December 31, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Barclay A. Phillips,
Senior 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 my knowledge:





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





2. The
information contained in the Report fairly presents, in all material respects,
the financial condition of the Company at the end of the period covered by the
Report and results of operations of the Company for the period covered by the
Report.





Date:
      March 4, 2010
            /s/ Barclay PhillipsBarclay
      PhillipsSenior
      Vice President and Chief Financial Officer(principal
      financial officer)





This
certification accompanies the Report and shall not be deemed “filed” by the
Company with the Securities and Exchange Commission and is not to be
incorporated by reference into any filing of the Company under the Securities
Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended
(whether made before or after the date of the Report), irrespective of any
general incorporation language contained in such filing.
##### 



EXHIBIT 32 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350 Michael V. Shustek, as Chief Executive Officer of Vestin Mortgage, Inc., the
sole Manager of Vestin Fund II, LLC (the Registrant), and Lance K. Bradford,
as Chief Financial Officer of Vestin Mortgage, Inc., hereby certify, pursuant
to 18 U.S.C. §1350, that  (1)
    
    the Registrants Report on Form 10-K for the period ended
June 30, 2004, as filed with the Securities and Exchange Commission
on the date hereof (the Report), fully complies with the
applicable requirements of Section 13(a) or Section 15(d) of the
Securities Exchange Act of 1934; and(2)
    
    the information contained in the Report fairly presents, in
all material respects, the financial condition and results of
operations of the Registrant. Dated: September 13, 2004 /s/ Michael V. Shustek  
 Dated: September 13, 2004 /s/ Lance K. Bradford  
  *
    
    Michael V. Shustek and Lance K. Bradford function as the equivalent of the
Chief Executive Officer
and Chief Financial Officer, respectively, of the Registrant for purposes of 18
U.S.C. Section 1350.
No. 90-5748.

#### Brown *v.*United States.

C. A. 4th Cir. Certiorari denied.
##### 



Exhibit 32.1 INSIGNIA SOLUTIONS PLC 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 Insignia Solutions plc (the
Company) on Form 10-Q for the quarter ended September 30, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Mark E. McMillan, Chief Executive 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:  (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/ MARK E. MCMILLAN
Mark E. McMillan
Chief Executive Officer
November 12, 2004
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No. 91-5839.

#### Hodge *v.*Colon et al.

C. A. 2d Cir. Certiorari denied.