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

Exhibit 31.2 

Certification of Chief Executive Officer Pursuant to**Securities Exchange Act Rules 13a-14(a) and 15d-14(a)****as Adopted Pursuant to****Section 302 of the Sarbanes-Oxley Act of 2002**

I, Hailan Xu, certify that: 

1. 

I have reviewedthis quarterly report on Form 10-Q of Rub A Dub Soap, Inc.; 

2. 

Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading withrespect to the period covered by this report; 

3. 

Based on myknowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition,results of operations and cash flows of the Company as of, and for, the periodspresented in this report; 

4. 

The Company’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) and internal control over financial reporting (as defined inExchange Act Rules 13a-15(f) and 15d-15(f)), for the Company and have: 

a. 

Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the Company, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the periodin which this report is being prepared; 

b. 

Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and 

c. 

Disclosed inthis report any change in the Company’s internal control over financialreporting that occurred during the Company’s most recent fiscal quarter that hasmaterially affected or is reasonably likely to materially affect the Company’sinternal control over financial reporting; and 

5. 

The Company’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the Company’sauditors and the audit committee of the Company’s Board of Directors (or personsperforming the equivalent functions): 

a. 

All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affectthe Company’s ability to record, process, summarize and report financialinformation; and 

b. 

Any fraud,whether or not material, that involves management or other employees who have asignificant role in the Company’s internal control over financial reporting. 

Date: May 9, 2008 

/s/ Hailan Xu Hailan Xu Chief Financial Officer 

----
exv10w11






Exhibit 10.11




EnerNOC, Inc.




Summary of 2011 Executive Officer Bonus Plan


The Company’s executive officers have the following bonus targets (expressed as a percentage of
salary unless otherwise stated):




	 	 	 	 	 
	Name and Position	 	Target Bonus (%)
	Timothy G. Healy

Chief Executive Officer and Chairman
	 	 	100	%
	David B. Brewster

President
	 	 	75	%
	David M. Samuels

Executive Vice President
	 	 	75	%
	Timothy Weller

Chief Financial Officer and Treasurer
	 	 	70	%
	Gregg M. Dixon

Senior Vice President of Marketing and Sales
	 	 	115	%
	Kevin Bligh

Chief Accounting Officer
	 	 	40	%






     Each executive officer’s 2011 bonus amount (the “Bonus Amount”) will be determined based upon
the achievement of certain pre-determined corporate performance objectives. Specifically, each
executive officer’s Bonus Amount will be based entirely on the Company’s achievement of certain
revenue, earnings per share and free cash flow targets applicable to 2011, which targets have been
set by the Board. The bonuses will be paid within 90 days of the determination of the Bonus
Amounts. Actual Bonus Amounts may be higher or lower than the executive’s bonus target.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LARRY GENE HEGGEM,

Plaintiff

- Appellant,

v.
SNOHOMISH COUNTY CORRECTIONS; et al.,

Defendants

- Appellees. No. 15

- 35464

D.C. No. 2:11

- cv

- 01333

- RSM

MEMORANDUM *

Appeal from the United States District Court for the Western District of Washington Ricardo S. Martinez, Chief Judge, Presiding

Submitted June 26, 2017 **

Before: PAEZ, BEA, and MURG U IA, Circuit Judges.

Larry Gene Heggem , a Washington state prisoner, appeals pro se from the
district court’s judgment in his 42 U.S.C. § 1983 action alleging excessive force

based on an incident that occurred in the Snohomish County J ail . We have
jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s

* 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). 

# FILED

JUL 3 2017

MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 15

- 35464

summary judgment and its qualified immunity determinations

. Furnace v.

Sullivan , 705 F.3d 1021, 1026 (9th Cir. 2013). We reverse and remand.
The district court granted summary judgment on Heggem’s excessive force

claim against defendant Eichelberger on the basis of qualified immunity
, concluding that it would not have been clear to every reasonable official that lifting
Heggem’s legs in connection with a control hold was unconstitutional. However,

Heggem presented evid ence that despite his compliance and cooperation,
Eichelberger violently applied a control hold and forcibly disrobed Heggem
causing serious injury

. V iewing the evidence in the light most favorable to

Heggem , and under any potentially applicable standard, Heggem raised a triable
dispute as to whether Eichelberger ’s use of force was excessive

. See Martinez v.
Stanford , 323 F.3d 1178, 1184 (9th Cir. 2003) (elements of excessive force claim

under the Eighth Amendment standard applicable to prisoners ); see al so Kingsley

v. Hendrickson
, 135 S. Ct. 2466, 2473 (2015) (elements of excessive force claim

under the Fourteenth Amendment standard applicable to pretrial detainees );

Furnace , 705 F.3d at 1026 (a court reviewing a summary judgment motion must

“assume the t ruth of the evidence set forth by the nonmoving party”)

. W e reverse
summary judgment for Eichelberger, and remand for further proceedings as to
Heggem’s excessive force claim against defendants Eichelberger, Nicholas and

Miller

.3 15

- 35464

We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on

appeal. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Heggem ’s motion for judici al notice (Docket Entry No. 18), motion for
additional authority in support of claims (Docket Entry No. 7 9 ) and request for oral

argument (Docket Entry No. 26) are denied.

REVERSED and REMANDED.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000840826
<NAME> DAKA INTERNATIONAL, INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-29-1996
<PERIOD-END>                               JUN-29-1996
<CASH>                                          11,708
<SECURITIES>                                         0
<RECEIVABLES>                                   37,164
<ALLOWANCES>                                       465
<INVENTORY>                                     10,119
<CURRENT-ASSETS>                                63,791
<PP&E>                                         163,153
<DEPRECIATION>                                  38,590
<TOTAL-ASSETS>                                 231,557
<CURRENT-LIABILITIES>                           35,176
<BONDS>                                         98,355
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           111
<OTHER-SE>                                      82,756
<TOTAL-LIABILITY-AND-EQUITY>                   231,557
<SALES>                                        391,546
<TOTAL-REVENUES>                               404,824
<CGS>                                          332,406
<TOTAL-COSTS>                                  332,406
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,874
<INCOME-PRETAX>                                    203
<INCOME-TAX>                                       129
<INCOME-CONTINUING>                                905
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       905
<EPS-PRIMARY>                                     0.09
<EPS-DILUTED>                                     0.09
        

</TABLE>
Exhibit 32.2

                              CNB BANCORP, INC.

                          CERTIFICATION PURSUANT TO
                           18 U.S.C. SECTION 1350,
                            AS ENACTED PURSUANT TO
                SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Annual Report of CNB Bancorp, Inc. (the
"Company") on Form 10-K for the period ending December 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
George A. Morgan, Chief Financial Officer of the Company, certify, pursuant
to 18 U.S.C. section 1350, as enacted 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.




By /s/ George A. Morgan
-----------------------------------------
George A. Morgan, Chief Financial Officer
March 25, 2004
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



In connection with the Quarterly Report of Dahua Inc. (the "Company") on Form 10-QSB for the period ending September 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Hua Meng, 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:



(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/ Hua Meng

Hua Meng, Chief Financial Officer

(principal financial officer and

principal accounting officer)



November 16, 2007
INDEPENDENT AUDITORS' CONSENT

The Board of Directors
Jackson Hewitt Inc.:

We consent to incorporation by reference in the registration statements on
Form S-8 (No. 33-77948 and No. 333-30433) of Jackson Hewitt Inc. of our report
dated June 9, 1997, except as to note 16, which is as of June 27, 1997,
relating to the consolidated balance sheets of Jackson Hewitt Inc. and
subsidiaries as of April 30, 1996 and 1997 and the related consolidated
statements of operations, shareholders' equity, and cash flows for each of
the years in the three-year period ended April 30, 1997, which report
appears in the April 30, 1997 annual report on Form 10-K of Jackson
Hewitt Inc.

Our report refers to the adoption of Statement of Financial Accounting
Standards (SFAS) No. 121, Accounting for the Impairment of Long-Lived
Assets and for Long-Lived Assets to Be Disposed Of and SFAS No. 114,
Accounting by Creditors for Impairment of a Loan, as amended by SFAS No. 118,
Accounting by Creditors for Impairment of a Loan-Income Recognition
and Disclosure, in 1996.

                                                     /s/ KPMG PEAT MARWICK LLP

Norfolk, Virginia
August 28, 1997
EXHIBIT
      31




CERTIFICATION





I,
      Hideyuki Shiraishi, certify that:





1.
      I have
      reviewed this quarterly report on Form 10-QSB of Amanasu Technologies
      Corporation;





2.
      Based
      on my knowledge, this report does not contain any untrue statement of 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 quarterly report;





4.
      I am
      responsible for establishing and maintaining disclosure controls and procedures
      (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant
      and we have:





a)
      Designed such disclosure controls and procedures, or caused such disclosure
      controls and procedures to be designed under my 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 my 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 registrant's internal control over
      financial reporting that occurred during the registrant's most recent fiscal
      quarter that has materially affected, or is reasonably likely to materially
      affect, the registrant's internal control over financial reporting;
      and





5.
      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 function):








a)
      All
      significant deficiencies and material weakness 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 data; 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 over financial
      reporting.








Date:
      November 18, 2007





/s/
      Yukinori Yoshino


Yukinori Yoshino


CEO,
      CFO,
      CAO
```

Exhibit 99.2

                            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 World Health Alternatives, Inc. (the
"Company") on Form 10-QSB for the period ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Marc D.
Roup, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 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, as amended; 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/ Marc D. Roup
Marc D. Roup
Chief Executive Officer

May 16th, 2003
```
<PAGE>
                                                                    EXHIBIT 99.A


                            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 on Form 10-Q for the period
ending March 31, 2003 of Cedar Brakes II, L.L.C. (the "Company") as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Robert W. Baker, President (Principal Executive Officer), certify (i) that the
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended, and (ii) that the information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.


                                              /s/ Robert W. Baker
                                              ----------------------------------
                                              Robert W. Baker
                                              President
                                              (Principal Executive Officer)

                                              May 15, 2003


A signed original of this written statement required by Section 906 has been
provided to Cedar Brakes II, L.L.C. and will be retained by Cedar Brakes II,
L.L.C. and furnished to the Securities and Exchange Commission or its staff upon
request.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 41141 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
JOSE AMILCAR BRIZUELA , also known as Jose A. Brizuela

- Reyes , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15

- CR

- 476

- 1

Before J ONES, CLEMENT, and OWEN , Circuit Judges

. PER CURIAM: *
The Federal Public Defender appointed to represent Jose Amilcar
Brizuela has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). A milcar Brizuela h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no

* 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 se t forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 21 , 2016 Lyle W. Cayce Clerk Case: 15-41141 Document: 00513558499 Page: 1 Date Filed: 06/21/2016No. 15

- 41141

2 nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 15-41141 Document: 00513558499 Page: 2 Date Filed: 06/21/2016
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

YOLANDA JEFFERSON,

 Appellant,

v.

RAYMOND JEFFERSON,

 Appellee.

§

§

§

§

§

 § 

No. 08-08-00021-CV

Appeal from the

366th Judicial District Court

of Collin County, Texas 

(TC# 366-54021-06)

MEMORANDUM OPINION

Pending before the Court is Appellee’s motion to dismiss the appeal for want of

prosecution. Finding that Appellant has not filed a brief, we dismiss the appeal for want of

prosecution.

Appellant filed her notice of appeal on December 7, 2007. The Clerk’s record was filed

on January 24, 2008. A reporter’s record has not been filed. Therefore, Appellant’s brief was

due to be filed by February 25, 2008. See TEX.R.APP.P. 38.6(a). By letter dated April 7, 2008,

the clerk of this Court notified Appellant in writing of the Court’s intent to dismiss the case for

lack of prosecution because her brief was past due and no motion for extension of time had been

filed. On April 14, 2008, Appellee filed a motion to dismiss the appeal for want of prosecution. 

Appellant has not responded to the Court’s notice, nor to Appellee’s motion.

This Court possesses the authority to dismiss an appeal for want of prosecution when the

appellant has failed to file her brief in the time prescribed, and does not provide a reasonable

explanation for the failure. TEX.R.APP.P. 38.8(a)(1); Elizondo v. City of San Antonio, 975
-2-

S.W.2d 61, 63 (Tex.App.--San Antonio 1998, no pet.). Therefore, we grant Appellee’s motion

and dismiss this appeal for want of prosecution pursuant to Texas Rules of Appellate Procedure

38.8(a)(1) and 42.3(b).

June 5, 2008

DAVID WELLINGTON CHEW, Chief Justice

Before Chew, C.J., McClure, and Carr, JJ.
### THE THIRTEENTH COURT OF APPEALS

13

- 14

- 00578

- CV

Carlos & Emily Enterprises, Inc., and Carlos Garcia, Individually, D/B/A Express International v. Jose Luis Martinez

On Appeal from the County Court at Law No. 8 of Hidalgo County , Texas

Trial Cause No. CL

- 09

- 0030

- H

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes the appeal should be dismissed . The Court orders the appeal DISMISSED in accordance with its opinion . Costs of the appeal are adjudged against

app ellant.
We further order this decision certified below for observance.

January 22, 2015
I 

109TH CONGRESS 

2D SESSION H. R. 5479 

To amend the Internal Revenue Code of 1986 to treat certain amounts 

paid for exercise equipment and physical fitness programs as amounts 

paid for medical care. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2006 

Mr. WELLER (for himself, Mr. RAMSTAD, Mr. BISHOP of Georgia, Mr. SHUSTER, Mr. SMITH of Washington, and Mr. RENZI) introduced the following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to treat certain amounts paid for exercise equipment and physical 

fitness programs as amounts paid for medical care. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Personal Health In5 vestment Today Act of 2006’’. 


ycherry on PROD1PC64 with BILLS
2 

•HR 5479 IH

1 SEC. 2. CERTAIN EXERCISE EQUIPMENT AND PHYSICAL 

2 FITNESS PROGRAMS TREATED AS MEDICAL 

3 CARE. 

4 (a) IN GENERAL.—Subsection (d) of section 213 of 

5 the Internal Revenue Code of 1986 (relating to medical, 

6 dental, etc., expenses) is amended by adding at the end 

7 the following new paragraph: 

8 ‘‘(12) EXERCISE EQUIPMENT AND PHYSICAL

9 FITNESS PROGRAMS.— 

10 ‘‘(A) IN GENERAL.—The term ‘medical 

11 care’ shall include amounts paid— 

12 ‘‘(i) to purchase or use equipment 

13 used in a program (including a self-di14 rected program) of physical exercise, and 

15 ‘‘(ii) to participate, or receive instruc16 tion, in a program of physical exercise. 

17 ‘‘(B) LIMITATION.—Amounts treated as 

18 medical care under subparagraph (A) shall not 

19 exceed $1,000 with respect to any individual for 

20 any taxable year.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 this section shall apply to taxable years beginning after 

23 the date of the enactment of this Act. 

Æ 


ycherry on PROD1PC64 with BILLS