alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
THURSDAY MAY 6, 4:07 PM EASTERN TIME

COMPANY PRESS RELEASE

SOURCE:  GUMTECH INTERNATIONAL, INC.

GUM TECH EXECUTES OPERATING AGREEMENT
WITH BIODELIVERY TECHNOLOGIES FOR GEL TECH
LLC

PHOENIX,  May 6 /PRNewswire/ -- Gum Tech  International,  Inc.  (Nasdaq:  GUMM -
news) announced today that it has signed an operating agreement with BioDelivery
Technologies,  Inc.  governing  the terms and  conditions of their joint venture
through  Gel Tech LLC,  a limited  liability  company  formed in  January  1999.
BioDelivery  Technologies,  Inc.  (formerly Gel Tech,  Inc.) is a privately-held
biotechnology company which specializes in the development of unique systems for
the delivery of bioactive compounds.

The joint venture will market and distribute ZICAM (TM) , a new homeopathic cold
remedy. ZICAM (TM) uses a nasal gel to deliver its active ingredient,  Zinullose
(TM), a patent-pending ionic zinc emulsification  formula.  Initial research has
shown that ZICAM (TM) reduces the duration of the common cold from an average of
10- 14 days to an  average  of 1 - 3 days.  Under  the  terms  of the  operating
agreement,  Gum Tech will own a 60 % interest and BioDelivery  Technologies will
own a 40% interest in Gel Tech LLC.

"The  completion  of our joint  venture  involving Gel Tech LLC is a significant
step for Gum Tech, " said Gum Tech  President  Gary Kehoe.  "The  development of
ZICAM  (TM),  a  non-chewing   gum  product,   is  the  result  of   BioDelivery
Technologies'  expertise in nasal gels combined with Gum Tech's research related
to chewing gums. Thus far, the response we have received from both retail buyers
and consumers as a separate entity to realize the commercial  potential of ZICAM
(TM),  will allow Gum Tech to capitalize  on this  opportunity  while  remaining
focused on our core business of developing and manufacturing superior functional
chewing gums."

R. Steven Davidson, CEO of BioDelivery Technologies,  and newly appointed CEO of
Gel Tech, added,  "The completion of this operating  agreement allows us to move
forward  rapidly with the  marketing  effort  during the end of this year's cold
season in Eckerd Drug stores and Albertson's nationwide,  as well as a number of
other regional chains,  has been a success,  and we are preparing for much wider
distribution.  We have  received a  significant  amount of  interest  from other
retailers  and feel  confident  that ZICAM (TM) will be  available in most major
drug, grocery and mass retail chains in the United States during the coming cold
season."

"We also have  received a  significant  amount of  unsolicited  interest  in the
product from  companies  overseas,"  said Davidson.  "As a result,  we intend to
begin international distribution sooner than we had originally anticipated."
Exhibit 4.1



                        WRITTEN CONSENT OF THE DIRECTORS
                                       OF
                       P.D.C. INNOVATIVE INDUSTRIES, INC.

         The undersigned, constituting all of the directors of P.D.C. Innovative
Industries, Inc., a Nevada corporation, (the "Corporation"), hereby adopts the
following resolutions pursuant to Section 78.315 of the Nevada General
Corporation Law:

         WHEREAS, in accordance with applicable Nevada corporate law, the Board
of Directors deem it to be in the best interests of the Corporation to
authorize: (i) the issuance of 500,000 shares of the Corporation's common stock
to certain employees of the Corporation in lieu of salary for having provided
and continuing to provide services to the Corporation as an employee of a
non-capital raising nature; (ii) the issuance of 300,000 shares of the
Corporation's common stock to legal counsel to the Corporation for having
provided and continuing to provide legal consulting services to the Corporation
of a non-capital raising nature; and (iii) the issuance of 200,000 shares of the
Corporation's common stock to a consultant for the Corporation who has provided,
and continues to provide, marketing and sales assistance to the Corporation
relating to its Hypo-Pro 2000 product (all of such shares, aggregating
1,000,000, are collectively referred to herein as the "Shares");

         NOW, THEREFORE, BE IT RESOLVED, that the Corporation cause the issuance
of the Shares to such persons pursuant to a Form S-8 Registration Statement to
be filed by the Corporation's legal counsel with the U.S. Securities and
Exchange Commission; and that each and every officer of the Corporation is
authorized to do and perform, or cause to be done and performed, any and all
actions and things which may be necessary, desirable or convenient to effectuate
the purposes and intents of the foregoing resolution.


Dated as of July 2, 2002



                                           /s/  Sandra Sowers
                                                ------------------------------
                                                Sandra Sowers, Director


                                          /s/  Fern Marlene Kennedy
                                               -------------------------------
                                               Fern Marlene Kennedy
EXHIBIT 32.1

                          CERTIFICATIONS PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                           (18 U.S.C. SECTION 1350)


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), the
undersigned  officer  of  Cyberspace  Vita,  Inc.,  a  Nevada corporation  (the
"Company"), does hereby certify, to such officer's knowledge, that:

The annual report on Form 10-K for the fiscal year ended December 31, 2008 (the
"Form  10-K")  of the Company fully complies with the requirements  of  Section
13(a) or 15(d) of  the  Securities  Exchange  Act  of 1934, and the information
contained  in  the  Form  10-K fairly presents, in all material  respects,  the
financial condition and results of operations of the Company.


Date: March 16, 2009

                                             /s/ Geoffrey Alison
                                             -------------------
                                             Geoffrey Alison
                                             Principal Executive Officer and
					     Principal Accounting Officer

A signed original of this written statement required by Section  906  has  been
provided to CYBERSPACE VITA, INC. and will be retained by CYBERSPACE VITA, INC.
and furnished to the Securities and  Exchange  Commission  or  its  staff  upon
request.
#### Darian Antonio COLEMAN, Plaintiff-Appellant, v. Cpt Robert MILLER, f/k/a Lt Robert Miller, each defendant is being sued in their individual capacities at all times herein; Ofc Bradley Mills, each defendant is being sued in their individual capacities at all times herein; Major Ford, f/k/a Cpt Ford, each defendant is being sued in their individual capacities at all times herein; Resigned Major Daniel Durbose, each defendant is being sued in their individual capacities at all times herein; Warden Cecila Reynolds, each defendant is being sued in their individual capacities at all times herein, Defendants-Appellees.

No. 17-7296

United States Court of Appeals, Fourth Circuit.

Submitted: February 22, 2018

Decided: February 27, 2018

Darian Antonio Coleman, Appellant Pro Se. Christy L. Scott, SCOTT *&*PAYNE *324LAW FIRM, Walterboro, South Carolina, for Appellees.

Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Darían Antonio Coleman appeals the district court’s orders: (1) adopting the magistrate judge’s recommendation and granting summary judgment in favor of Defendants; (2) denying Coleman’s belatedly-filed Fed. R; Civ. P. 59(e) motion; and (3) denying Coleman’s motion for an extension of time to file a notice of appeal. Parties are accorded 30 days after the entry of the district court’s final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App, P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jui’isdictional requirement.” *Bowles v. Russell,*551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

Although Coleman filed a motion for an extension of time to file his notice of appeal, the district court correctly denied that motion as untimely. We therefore affirm that order. The district court’s order granting summary judgment was entered on August 3, 2016, and its order denying Coleman’s untimely Rule 59(e) motion was entered on December 19, 2016. Coleman did not file his notice of appeal until March 25, 2017, at the earliest. Because Coleman failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we lack jurisdiction to consider the propriety of either the August 3 or December 19 orders.

Accordingly, we deny Coleman’s motion to clarify the record, affirm the district court’s order denying an extension of time to file a notice of appeal, and dismiss the remainder of Coleman’s appeal. 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 IN PART, DISMISSED IN PART*
No. 11-9680.

#### Kearns *v.*Hoke, Warden.

C. A. 4th Cir. Cer-tiorari denied.
##### 



EXHIBIT 32.1 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 Quarterly Report of Matrixx Initiatives, Inc. (the Company) on Form
10-Q for the period ending March 31, 2005 as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Carl J. Johnson, 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:  (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/ Carl J. JohnsonCarl J. JohnsonPresident and Chief Executive Officer
 Dated May 10, 2005 - 28 -
#### Nicholas PATRICK, Plaintiff-Appellant, v. REYNAGA; et al., Defendants-Appellees.

No. 17-16243

United States Court of Appeals, Ninth Circuit.

Submitted December 18, 2017 *

Filed December 26, 2017

Nicholas Patrick, Pro Se

Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument, *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM **

Nicholas Patrick, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C § 1915(e)(2)(B)(ii), *Barren v. Harrington,*152 F.3d 1193, 1194 (9th Cir. 1998) (order). We may affirm on any basis supported by the record. *Lopez v. Smith,*203 F.3d 1122, 1126 (9th Cir. 2000). We affirm in part, reverse in part, and remand.

Dismissal of Patrick’s equal protection claim was proper because Patrick failed to allege facts sufficient to show that defendants discriminated against him based on his membership in a protected class. *See Hebbe v. Pliler,*627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are liberally construed, a plaintiff must allege facts sufficient to state a plausible claim); *Serrano v. Francis,*345 F.3d 1071, 1081-82 (9th Cir. 2003) (setting forth .elements of an equal protection claim).

Patrick alleged that defendants withheld his outgoing mail to state courts. Liberally construed, these allegations are sufficient to warrant ordering defendants to file an answer. *See Wilhelm v. Rotman,*680 F.3d 1113, 1116 (9th Cir. 2012); *Witherow v. Paff,*52 F.3d 264, 265 (9th Cir. 1995) (describing prisoners’ First Amendment right to send and receive mail). We reverse the judgment in part and remand for further proceedings on this claim only.

We do not consider arguments and allegations raised for the first time on appeal. *See Padgett v. Wright,*587 F.3d 983, 985 n.2 (9th Cir. 2009).

We do not consider documents not presented to the district court. *See United States v. Elias,*921 F.2d 870, 874 (9th Cir. 1990) (“Documents or facts not presented to the district court are not part of the record on appeal.”).

AFFIRMED in part, REVERSED in part, and REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 17 Introduced in House (IH)]

105th CONGRESS
  1st Session
H. CON. RES. 17

  Congratulating the people of Guatemala on the success of the recent 
        negotiations to establish a peace process for Guatemala.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 1997

Mr. Gallegly (for himself, Mr. Gilman, Mr. Hamilton, Mr. Ackerman, Mr. 
    Ballenger, and Mr. Houghton) submitted the following concurrent 
   resolution; which was referred to the Committee on International 
                               Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
  Congratulating the people of Guatemala on the success of the recent 
        negotiations to establish a peace process for Guatemala.

Whereas on December 29, 1996, the Government of Guatemala and the 
        representatives of the Unidad Revolucionaria Nacional Guatemala signed 
        an historic peace accord ending 36 years of armed confrontation;
Whereas the peace accord includes the creation of a commission to implement a 
        wide range of reforms to the political, economic, social, and judicial 
        systems of Guatemala, including an enhanced respect for human rights and 
        the rule of law, improved health and education services, attention to 
        the needs of refugees and displaced persons, and the role of the 
        military in a democratic society;
Whereas the peace accord represents the completion of a long and important 
        negotiation process with the goal of achieving lasting peace, national 
        reconciliation, political stability, and renewed economic growth in 
        Guatemala; and
Whereas lasting peace, political stability, and economic development in 
        Guatemala is in the best interest of all nations of the Western 
        Hemisphere, including the United States: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress--
            (1) congratulates the Guatemalan Government of President 
        Alvaro Arzu for its extraordinary accomplishments in 
        negotiating an end to hostilities and beginning the process of 
        national reconciliation and reconstruction;
            (2) recognizes the commitment of the Unidad Revolucionaria 
        Nacional Guatemala in Guatemala to agree to end the devastating 
        warfare and to resolve their differences in a peaceful manner 
        within a democratic political arena;
            (3) commends all of the people of Guatemala for their 
        determination to achieve a lasting peace and encourages their 
        strong commitment to democratic principles and social justice 
        for all; and
            (4) affirms the commitment of the United States to help 
        support a sustainable peace and development of strong 
        democratic institutions in Guatemala.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-START>                             MAR-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                          25,035
<SECURITIES>                                    17,547
<RECEIVABLES>                                   17,379
<ALLOWANCES>                                     1,175
<INVENTORY>                                          0
<CURRENT-ASSETS>                                60,240
<PP&E>                                          12,326
<DEPRECIATION>                                   5,517
<TOTAL-ASSETS>                                  67,299
<CURRENT-LIABILITIES>                           18,179
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           193
<OTHER-SE>                                      47,807
<TOTAL-LIABILITY-AND-EQUITY>                    67,299
<SALES>                                         14,674
<TOTAL-REVENUES>                                14,674
<CGS>                                            4,198
<TOTAL-COSTS>                                    4,198
<OTHER-EXPENSES>                                13,850
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  45
<INCOME-PRETAX>                                (2,821)
<INCOME-TAX>                                     (575)
<INCOME-CONTINUING>                            (2,246)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,246)
<EPS-PRIMARY>                                   (0.12)
<EPS-DILUTED>                                   (0.12)
        

</TABLE>
#### Adrin ROME, Plaintiff-Appellant, v. Officer CASPER; Officer Bud; Dr. Rhodes, Defendants-Appellees.

No. 17-7130

United States Court of Appeals, Fourth Circuit.

Submitted: January 11, 2018

Decided: January 25, 2018

Adrin Kentral Rome, Appellant Pro Se.

Before KING, SHEDD, and THACKER, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Adrin Kentral Rome appeals the district court’s order dismissing his amended complaint under 42 U.S.C. § 1915A(b)(1) for failure to state a claim. The district court determined that the amended complaint did not state a cognizable claim under 42 U.S.C. § 1983 for an Eighth Amendment violation in connection with the conditions of Rome’s confinement. Upon de novo review of the district court’s dismissal decision we conclude that the district court did not reversibly err in dismissing the amended complaint. *See Jehovah v. Clarke,*798 F.3d 169, 176 (4th Cir. 2015). Rome did not state a plausible claim for an Eighth Amendment violation because he failed to present allegations sufficient to show any named Defendant was deliberately indifferent to his health or safety. *See id.*at 176 (“Dismissal [under § 1915A for failure to state a claim] is proper only if the plaintiff has failed to present factual allegations that state a claim to relief that is plausible on its face.” (internal quotation marks omitted)); *Odom v. S.C. Dep’t of Corr.,*349 F.3d 765, 770 (4th Cir. 2003) (addressing elements of claim for Eighth Amendment violation); *see also United States v. Flores-Granados,*783 F.3d 487, 491 (4th Cir. 2015) (noting this court may affirm on any ground appearing in the record, including theories not relied on or rejected by district court).

Accordingly, we affirm the district court’s order. We deny Rome’s motion to appoint counsel and 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*
# Official Journal C 21/2020

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 21 |
| | |
| English edition | Information and Notices | Volume 6322 January 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 21

English edition

Information and Notices

Volume 6322 January 2020

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 21/01 | Non-opposition to a notified concentration (Case M.9360 — Daimler/Geely/JV) (
  1
  ) | 1 |
| 2020/C 21/02 | Non-opposition to a notified concentration (Case M.9678 – Keppel Infrastructure/MET Capital/MET) (
  1
  ) | 2 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 21/01

Non-opposition to a notified concentration (Case M.9360 — Daimler/Geely/JV) (
  1
  )

1

1

2020/C 21/02

Non-opposition to a notified concentration (Case M.9678 – Keppel Infrastructure/MET Capital/MET) (
  1
  )

1

2

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 21/03 | Euro exchange rates — 21 January 2020 | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 21/03

Euro exchange rates — 21 January 2020

3

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN
<PAGE>

                                                                      EXHIBIT 32

                           CERTIFICATIONS 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 QualMark Corporation (the "Company")
on Form 10-QSB for the period ended June 30, 2006, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Charles D.
Johnston, President & Chief Executive Officer, 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 results of operations
          of the Company, as of, and for the periods presented in the Report.


/s/ Charles D. Johnston
----------------------------------------
Charles D. Johnston
President & Chief Executive Officer
August 11, 2006

In connection with the Quarterly Report of QualMark Corporation (the "Company")
on Form 10-QSB for the period ended June 30, 2006, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Anthony A. Scalese
Chief Financial Officer & Principal Accounting Officer, 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 results of operations
          of the Company, as of, and for the periods presented in the Report.


/s/ Anthony A. Scalese
----------------------------------------
Anthony A. Scalese
Chief Financial Officer & Principal
Accounting Officer
August 11, 2006

A signed original of these written statements required by section 906 have been
provided to QualMark Corporation and will be retained by QualMark Corporation
and furnished to the Securities and Exchange Commission or its staff upon
request.
No. 11-10585.

#### Keeling *v.*Damiter et al.

C. A. 3d Cir. Motion of petitioner for leave to proceed *in forma pauperis*denied, and certiorari dismissed. See this Court’s Rule 39.8.