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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-6273

DAVID BRIGHTWELL,

Plaintiff - Appellant,

v.

CAPTAIN VINCENT; WILLIAM WILLIAMS, Warden; JOHN DOE, 

Doctor; MARYLAND HOUSE OF CORRECTION-JESSUP; CORRECTIONAL 

MEDICAL SERVICE, INCORPORATED,

Defendants - Appellees.

Appeal from the United States District Court for the District of 

Maryland, at Greenbelt. Deborah K. Chasanow, Chief District 

Judge. (8:09-cv-00816-DKC)

Submitted: November 18, 2010 Decided: December 13, 2010

Before WILKINSON, KING, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

David Brightwell, Appellant Pro Se. Rex Schultz Gordon, OFFICE 

OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland; Philip 

Melton Andrews, Mary Beth Ewen, KRAMON & GRAHAM, PA, Baltimore, 

Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

David Brightwell appeals the district court’s order

granting summary judgment to the Appellees and denying relief on 

his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the 

record and find no reversible error. This court reviews de novo 

a district court’s grant of summary judgment. Howard v. Winter, 

446 F.3d 559, 565 (4th Cir. 2006). Summary judgment is 

appropriate when the “pleadings, depositions, answers to 

interrogatories, and admissions on file, together with the 

affidavits, if any, show that there is no genuine issue as to 

any material fact and the moving party is entitled to judgment 

as a matter of law.” Fed. R. Civ. P. 56(c).

Insofar as Brightwell claimed he was the victim of 

excessive force, we affirm on alternate grounds. We conclude 

Brightwell failed to show there was a genuine issue as to any 

material fact regarding his claim that Captain Vincent’s conduct

was an example of excessive conduct and not a good faith effort 

to maintain and restore discipline. See Hudson v. McMillian, 

503 U.S. 1, 5-6 (1992). With regard to Brightwell’s claim that 

medical personnel were deliberately indifferent to his serious 

medical needs, we affirm for the reasons stated by the district 

court. See Brightwell v. Captain Vincent, No. 8:09-cv-00816-DKC 

(D. Md. Feb. 1, 2010). We also deny Brightwell’s motion for 

appointment of counsel. We dispense with oral argument because 
3

the facts and legal contentions are adequately presented in the 

materials before the court and argument would not aid the 

decisional process.

AFFIRMED
EXHIBIT 32.2

WRITTEN STATEMENT OF PRINCIPAL FINANCIAL OFFICER

PURSUANT TO SECTION 906 OF THE

SARBANES  OXLEY ACT OF 2002

The undersigned, the Senior Vice President, Treasurer and Principal Financial Officer of Industrial Income Trust Inc. (the Company), hereby
certifies that to his knowledge, on the date hereof:

(a) the Form 10-K of the Company for the annual period ended December 31, 2009
filed on the date hereof with the Securities and Exchange Commission (the Report) fully complies with the requirements of Section l3(a) or 15(d) of the Securities Exchange Act of 1934; and

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



|                     |  |  |  |  |  |                                    
|-------------------- |  |  |  |  |  | -----------------------------------
|Date: March 26, 2010 |  |  |  |  |  | /s/ Troy J. Bloom                  
|                     |  |  |  |  |  | Troy J. Bloom                      
|                     |  |  |  |  |  | Senior Vice President and Treasurer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM ART. 5 FOR
1ST QUARTER 10-Q 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>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          30,613
<SECURITIES>                                         0
<RECEIVABLES>                                   19,202
<ALLOWANCES>                                         0
<INVENTORY>                                     26,864
<CURRENT-ASSETS>                                82,090
<PP&E>                                          80,847
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 168,785
<CURRENT-LIABILITIES>                           17,029
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       428,815
<OTHER-SE>                                   (594,664)
<TOTAL-LIABILITY-AND-EQUITY>                   168,785
<SALES>                                         26,927
<TOTAL-REVENUES>                                26,927
<CGS>                                           23,490
<TOTAL-COSTS>                                   28,941
<OTHER-EXPENSES>                                   927
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 823
<INCOME-PRETAX>                               (10,107)
<INCOME-TAX>                                       (1)
<INCOME-CONTINUING>                           (10,106)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (10,106)
<EPS-PRIMARY>                                   (0.24)
<EPS-DILUTED>                                   (0.24)
        

</TABLE>
**CERTIFICATIONS****Exhibit 31.1**I, David G. Mazzella, certify that:1. I have reviewed this report on Form 10-Q of Veramark Technologies, Inc.2. Based on my knowledge, 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 light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in whichthis quarterly report is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this quarterly report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisquarterly report based on such evaluation; and  c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarterthat has materially affected, or is reasonably like to materially affect, theregistrant’s internal control over financial reporting.5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of the internal control over financial reporting, to the registrant’s auditors andthe audit committee of registrant’s board of directors (or persons performing the equivalentfunction): a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting, which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.       Date: May 12, 2006 By: /s/ David G. Mazzella           David G. Mazzella    Chairman and Chief Executive Officer  
23
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 99-4629 MATTHEW JOHNSON, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Robert G. Doumar, Senior District Judge. (CR-98-76) Submitted: January 27, 2000 Decided: February 11, 2000 Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

_________________________________________________________________ Affirmed in part and dismissed in part by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL James S. Ellenson, Newport News, Virginia, for Appellant. Helen F. Fahey, United States Attorney, Robert E. Bradenham, II, Assistant United States Attorney, Billy B. Ruhling, II, Third Year Law Student, Norfolk, Virginia, for Appellee.

_________________________________________________________________Unpublished opinions are not binding pr ecedent in this circuit. See Local Rule 36(c).

_________________________________________________________________ OPINION PER CURIAM: Matthew Johnson was convicted of distribution of cocaine base in violation of 21 U.S.C. § 841(a)(1) (1994) and subsequently sentenced to 168 months imprisonment. On appeal, he maintains that the district court erred by: (1) allowing the testimony of a confidential informant pertaining to prior drug transactions between himself and Johnson; (2) applying a two-point enhancement for presence of a dangerous weapon under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) (1998); and (3) refusing to grant a downward departure at sentencing on the ground that Johnson's criminal history was overrepresented.We find that the district court did not abuse its discretion in allowing the testimony of the confidential informant concerning his prior drug transactions with Johnson under Fed. R. Evid. 404(b), see United States v. Mark , 943 F.2d 444, 447 (4th Cir. 1991), and that any error was harmless in light of the overwhelming evidence of guilt, see United States v. Brooks , 111 F.3d 365, 371 (4th Cir. 1997). Additionally, we find that the district court's two-point enhancement in Johnson's sentence for possession of a dangerous weapon was appropriate under the circumstances of this case. See USSG § 2D1.1, comment.(n.3). Last, the district court's decision not to depart from the guidelines is not subject to review when, as here, the district court's refusal is not based on the mistaken belief that the court lacked the authority to depart. See United States v. Bayerle , 898 F.2d 28, 31 (4th Cir. 1990).Accordingly, we affirm Johnson's conviction and sentence and dismiss that portion of the appeal that challenges the district court's decision not to depart from the guidelines. We dispense with oralargument because the facts and legal contentions are adequately presented in the materials before the court, and oral argument would not aid the decisional process. AFFIRMED IN PART; DISMISSED IN PART
2
John THIBODEAUX and Amy Thibodeaux, Individually and on Behalf of Emily Thibodeaux and Gabrielle Thibodeaux v. GULFGATE CONSTRUCTION, LLC, et al.

NO. 2017-C-2149

Supreme Court of Louisiana.

February 23, 2018

Denied.
# Eiropas Savienības C 15I/2021

| | ISSN 1977-0952 |
| --- | --- |
| Eiropas Savienības
  Oficiālais Vēstnesis | C 015I |
| | |
| Izdevums latviešu valodā | Informācija un paziņojumi | 64. gadagājums2021. gada 14. janvāris |

ISSN 1977-0952

Eiropas Savienības

Oficiālais Vēstnesis

C 015I

Izdevums latviešu valodā

Informācija un paziņojumi

64. gadagājums2021. gada 14. janvāris

---

| Saturs | Lappuse |
| --- | --- |
| | Labojumi |
| | Labojums Eiropas Parlamenta, Eiropas Savienības Padomes un Eiropas Komisijas kopīgajā deklarācijā – ES likumdošanas prioritātes 2021. gadā ( OV C 451 I, 29.12.2020. ) | 1 |
| | Labojums Eiropas Parlamenta, Eiropas Savienības Padomes un Eiropas Komisijas kopīgajos secinājumos – Politikas mērķi un prioritātes 2020.–2024. gadam ( OV C 451 I, 29.12.2020. ) | 2 |

Saturs

Lappuse

Labojumi

Labojums Eiropas Parlamenta, Eiropas Savienības Padomes un Eiropas Komisijas kopīgajā deklarācijā – ES likumdošanas prioritātes 2021. gadā ( OV C 451 I, 29.12.2020. )

( OV C 451 I, 29.12.2020. )

1

Labojums Eiropas Parlamenta, Eiropas Savienības Padomes un Eiropas Komisijas kopīgajos secinājumos – Politikas mērķi un prioritātes 2020.–2024. gadam ( OV C 451 I, 29.12.2020. )

( OV C 451 I, 29.12.2020. )

2

---

| LV | |
| --- | --- |

LV

---

Labojumi

| 14.1.2021 | LV | Eiropas Savienības Oficiālais Vēstnesis | CI 15/1 |
| --- | --- | --- | --- |

14.1.2021

LV

Eiropas Savienības Oficiālais Vēstnesis

CI 15/1

---

Labojums Eiropas Parlamenta, Eiropas Savienības Padomes un Eiropas Komisijas kopīgajā deklarācijā – ES likumdošanas prioritātes 2021. gadā

(
  “Eiropas Savienības Oficiālais Vēstnesis” C 451 I, 2020. gada 29. decembris
  )

(2021/C 15 I/01)

Publikācija (2021/C 451 I/01) 1. lappusē jāuzskata par spēkā neesošu.

---

| 14.1.2021 | LV | Eiropas Savienības Oficiālais Vēstnesis | CI 15/2 |
| --- | --- | --- | --- |

14.1.2021

LV

Eiropas Savienības Oficiālais Vēstnesis

CI 15/2

---

Labojums Eiropas Parlamenta, Eiropas Savienības Padomes un Eiropas Komisijas kopīgajos secinājumos – Politikas mērķi un prioritātes 2020.–2024. gadam

(
  “Eiropas Savienības Oficiālais Vēstnesis” C 451 I, 2020. gada 29. decembris
  )

(2021/C 15 I/02)

Publikācija (2021/C 451 I/02) 4. lappusē jāuzskata par spēkā neesošu.

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A.M., Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-4102

District Court of Appeal of Florida, Second District.

Opinion filed September 29, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Sidney GOODREAUX v. LAKEWOOD COUNTRY CLUB a/k/a Lakewood CDD, LLC, New Orleans Fire Fighters Pension Fund Investments a/k/a New Orleans Fire Fighters' Pension and Relief Funds, Lakewood Restoration Partners, Ltd., a Louisiana Limited Liability Partnership a/k/a Devonshire Properties, LLC and Henry Jerome Maumus, III

NO. 2017-CC-2101

Supreme Court of Louisiana.

February 23, 2018

Denied.

HUGHES, J., would grant.
EX-35.1
(logo) Bank of America

Bank of America
475 CrossPoint Parkway
PO Box 9000
Getzville, NY 14068-9000

Annual Statement as to Compliance
BOAMS Series 2006

I, Cathleen A. Lojek, a Senior Vice President of Bank of America, N.A. (the
"Servicer"), hereby certify pursuant to Section 3.18 of the Pooling and
Servicing Agreements listed on Exhibit A hereto (collectively, the "Agreements")
that: (a) a review of the activities of the Servicer during calendar year 2009
and the performance of the Servicer under the Agreements has been made under my
supervision, and (b) to the best of my knowledge, based on such review, the
Servicer has fulfilled all it's obligations under the Agreements throughout
calendar year 2009, except as identified in the accompanying Assessment of
Compliance with Applicable Servicing Criteria in respect of the servicing
criteria specified under Item 1122(d)(4)(vi).

For Item 1122(d)(4)(vi), the Servicer notes that certain modification actions
were not made, reviewed, and/or approved in accordance with the provisions of
the Agreement. The Servicer is implementing enhanced audit procedures,
additional reporting to management and increased personnel to ensure that
modification actions are made, reviewed, and/or approved timely.

Dated March 1, 2010

Bank of America, N.A. as Servicer

By: /s/ Cathleen A. Lojek
Name: Cathleen A. Lojek
Title: Senior Vice President


(page)

(logo) Bank of America

Bank of America
475 CrossPoint Parkway
PO Box 9000
Getzville, NY 14068-9000


Exhibit A

1. Pooling and Servicing Agreement dated April 27, 2006 for Banc of America
   Mortgage 2006-1 Trust, Mortgage Pass-Through Certificates, Series 2006-1
2. Pooling and Servicing Agreement dated June 29, 2006 for Banc of America
   Mortgage 2006-2 Trust, Mortgage Pass-Through Certificates, Series 2006-2
3. Pooling and Servicing Agreement dated September 28, 2006 for Banc of America
   Mortgage 2006-3 Trust, Mortgage Pass-Through Certificates, Series 2006-3
4. Pooling and Servicing Agreement dated January 27, 2006 for Banc of America
   Mortgage 2006-A Trust, Mortgage Pass-Through Certificates, Series 2006-A
5. Pooling and Servicing Agreement dated October 30, 2006 for Banc of America
   Mortgage 2006-B Trust, Mortgage Pass-Through Certificates, Series 2006-B
Exhibit 13.1
 
 Certification
 
 For purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, Ka Ming Wong, the Chief executive officer of  Dragon Jade International Limited. (the “Company”), hereby certifies that, to his knowledge:
 
 (i)  the Annual Report on Form 20-F of the Company for the year ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (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:  August 10, 2011
By: /s/ Ka Ming WongChairman, President and Director
Otis L. TOWBRIDGE, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-577

District Court of Appeal of Florida, Third District.

Opinion filed November 29, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
|                          |                              | /s/      Schwartz Levitsky Feldman      LLP          |
|-------------------------------|-----------------------------------|---------------------------------------------------------------------------------------------------|
|                          |                              |                                                                                              |
| Toronto,      Ontario, Canada |                              |                                                                                              |
| March      12, 2010      |                              | Chartered      Accountants                                                    |
|                          |                              | Licensed      Public Accountants                                                                  |
|                          | 1167      Caledonia Road          |
|                          | Toronto,      Ontario M6A 2X1     |
|                          | Tel:  416      785 5353 |
|                          | Fax:  416      785 5663 |

----
Exhibit 10.15


 


CONSENT TO ASSIGNMENT AND ASSUMPTION OF


MARKETING AGREEMENT


 


The
undersigned and Commodity Specialists Company, a Delaware corporation (“CSC”),
are parties to that certain Distiller’s Grain Marketing Agreement dated as of June 19,
2002 (the “Marketing Agreement”).


 


On
August 8, 2007, CSC and CHS Inc., a Minnesota cooperative corporation (“CHS”),
entered into an  Assignment and
Assumption Agreement (the “Assignment and Assumption Agreement”), under which
CSC assigned to CHS all of its right, title and interest in and to the
Marketing Agreement, subject to receiving consent to such assignment from the
undersigned.


 


For
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged:


 


1.             The undersigned hereby consents and
agrees to:


 


(a)           the assignment by
CSC to CHS of all of CSC’s right, title and interest in and to the Marketing
Agreement, as described in the Assignment and Assumption Agreement;


 


(b)           the assumption by
CHS of the duties, obligations and liabilities of CSC under the Marketing
Agreement which arise on or after the date hereof, subject to the terms and
conditions set forth in the Assignment and Assumption Agreement; and


 


(c)           deliver all notices
required to be delivered to CHS under the Marketing Agreement on or following
the date hereof, to the following address:


 


CHS
Inc.


P.O. Box
64089


St.
Paul, Minnesota 55164-0089


Attn:
Dave Christofore


Facsimile:651-355-6857


 


2.             In conjunction with this consent,
the undersigned hereby acknowledges:


 


(a)           the Marketing
Agreement is in full force and effect and has not been modified or amended,
except as stated herein; and


 


(b)           each party to the
Marketing Agreement has performed all obligations required under it as of the
date hereof and there is no default under the Marketing Agreement or facts or
circumstances which with the passing of time or giving of notice would
constitute a default thereunder.


 


	
  Date:

  	
  8-17-07

  	
   

  	
  LSCP, L.L.L.P.

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  Little
  Sioux Corn Processors, LLC

  
	
   

  	
  Its:

  	
  General
  Partner

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/
  Stephen G. Roe

  	
   

  
	
   

  	
   

  	
  Steve
  Roe, President
----

|                                 |                                        |   |
|--------------------------------------|---------------------------------------------|--------|
| March 1, 2011                        |                                        |   |
|                                 |                                        |   |   |
| ADVANCED MEDICAL ISOTOPE CORPORATION |                                        |   |   |   |
|                                 |                                        |   |   |   |   |
| By:                                  | /s/ James C. Katzaroff                 |   |   |   |   |
|                                 | Name: James C. Katzaroff                    |   |   |   |   |
|                                 | Title: Chief Executive Officer and Chairman |   |   |   |   |

|   |                           |   |   |   |   |
|--------|--------------------------------|--------|--------|--------|--------|
| By:    | /s/ L. Bruce Jolliff      |   |   |   |   |
|   | Name: L. Bruce Jolliff         |   |   |   |   |
|   | Title: Chief Financial Officer |   |   |   |   |
Document

Exhibit 10.15A 
Schedule of Named Executive Officers Party to Change of Control Employment Agreement (BE4 and Higher Version without gross-up or window period - current) 
(As of December 31, 2021) 
J. McGregor Carr
Megan D. Crespi
James J. Herzog
Jay K. Oberg