alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Filed 4/12/16 P. v. Johnson CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication 

or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

v.

ROBERT LEE JOHNSON,

Defendant and Appellant.

 B268148

 (Los Angeles County

 Super. Ct. No. LA073333)

THE COURT:*

Representing himself, appellant Robert Johnson (Johnson) filed a Proposition 471

petition for recall and resentencing. He claimed the following: On February 14, 2014, he 

pleaded guilty to violating Health and Safety Code section 11351 (possession of a 

 

* ASHMANN-GERST, Acting P. J., CHAVEZ, J., HOFFSTADT, J.

1 The voters approved Proposition 47 (the Safe Neighborhoods & Schools Act) in 

November 2014. (People v. Diaz (2015) 238 Cal.App.4th 1323, 1328.) It added Penal 

Code section 1170.18, subdivision (a) of which provides: “A person currently serving a 

sentence for a conviction, whether by trial or plea, of a felony or felonies who would 

have been guilty of a misdemeanor under the act that added this section (‘this act’) had 

this act been in effect at the time of the offense may petition for a recall of sentence 

before the trial court that entered the judgment of conviction in his or her case to request 

resentencing in accordance with Sections 11350, 11357, or 11377 of the Health and 

Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code[.]” (Pen. 

Code, § 1170.18, subd. (a).)
2

controlled substance for sale) and Health and Safety Code section 11351 (possession of 

marijuana for sale). He was serving a three year sentence for the offenses. Based on 

Penal Code section 1170.18, he was entitled to have his convictions reduced to 

misdemeanors. The trial court denied the motion on the grounds that Proposition 47 does 

not apply to Health and Safety Code section 11351 or 11359.

Johnson noticed this appeal. His appointed counsel filed a no merit brief pursuant 

to People v. Wende (1979) 25 Cal.3d 436, 441 (Wende) raising no issues for us to 

consider. On January 25, 2016, we notified Johnson of the no merit brief and gave him 

leave to file, within 30 days, a brief or letter setting forth any arguments supporting his 

appeal. He did not submit either a brief or letter. After review of the record, we 

conclude Johnson is not entitled to appellate relief.

We are satisfied that Johnson’s counsel complied with her responsibilities. We 

conclude that Johnson has received adequate and effective appellate review of the 

judgment entered against him by virtue of counsel’s compliance with the Wende

procedure, and our review of the record. (Smith v. Robbins (2000) 528 U.S. 259, 278; 

People v. Kelly (2006) 40 Cal.4th 106, 123–124.)

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.
**EXHIBIT 31.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

 

I, M. Todd Holt, Chief Financial Officer of Knology, Inc., certify that: 

 

1. I have reviewed this Quarterly Report on Form 10-Q of Knology, Inc.;

 

2. Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state 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 otherfinancial 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 report; 

 

4. The registrant’s other certifying officer(s) and I are responsiblefor establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed underour 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’sdisclosure controls and procedures and presented in this report our 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 internalcontrol over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalent functions): 

 

a) All significant deficiencies and material weaknesses 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 information; and 

 

b)Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting. 

 

Date: November 14, 2005
UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

www.flsb.uscourts.gov

In re: Case No. 18-16248-BKC-MAM 

 Chapter 7 

CHANCE & ANTHEM, LLC, 

 

 Debtor. 

 / 

ROBERT C. FURR not individually but ADV. NO. 19-01298-MAM 

as Chapter 7 Trustee of the estate of the 

Debtor, Chance & Anthem, LLC, 

 Plaintiff, 

v. 

JEFFREY M. SISKIND, individually and 

d/b/a SISKIND LEGAL SERVICES, 

et al.

 Defendants. 

 / 

ORDER GRANTING, IN PART, PLAINTIFF CHAPTER 7 TRUSTEE ROBERT C. 

FURR’S MOTION FOR PROTECTIVE ORDER AND SANCTIONS [ECF NO. 249] 

Mindy A. Mora, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on March 18, 2020.

Case 19-01298-MAM Doc 262 Filed 03/19/20 Page 1 of 2
 2 

THIS MATTER came before the Court on February 25, 2020 at 10:00 a.m. on the 

Chapter 7 Trustee’s Motion for Protective Order and Sanctions [ECF No. 249] (the “Motion”) 

filed by Plaintiff, Robert C. Furr as the Chapter 7 Trustee (the “Trustee”) of the bankruptcy 

estate of Chance & Anthem, LLC (the “Debtor”) and Jeffrey M. Siskind’s Response to Chapter 7 

Trustee’s Motion for Protective Order and Sanctions [ECF No. 250] (the “Response”). The Court 

having reviewed the Motion, Response and pleadings in this case, having heard argument of 

counsel and being fully advised on the premises, it is hereby, 

 ORDERED, as follows: 

1. The Motion is GRANTED, in part. 

2. The Trustee’s deposition in this adversary proceeding shall take place on a 

mutually agreed upon date and time. 

3. The deposition will take place at the Trustee’s office in Boca Raton, Florida. 

4. Any interested party that is not currently a party to this adversary proceeding may 

only attend telephonically through a conference line that the Trustee will make available for 

these purposes. 

5. The request for sanctions is denied without prejudice. 

6. The Court shall retain jurisdiction of this matter to enforce the terms of this Order. 

### 

Submitted by: 

Jesus M. Suarez, Esq. 

Genovese Joblove & Battista, P.A. 

Counsel for the Chapter 7 Trustee/Plaintiff 

100 SE 2nd Street, Suite 4400 

Miami, FL 33131 

Tel.: (954) 453-8000 

Fax: (954) 453-8010 

Copy to: Jesus M. Suarez, Esq. [Attorney Suarez is hereby directed to furnished a conformed copy 

hereof to all parties in interest immediately upon receipt] 

Case 19-01298-MAM Doc 262 Filed 03/19/20 Page 2 of 2
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation byreference in Registration Statement Nos. 333-49668, 333-96183, 333-113927, 333-125398, 333-126585, and 333-152064 on Form S-8; and Registration Statement No. 333-63596 on Form S-4 of our reports dated February 24, 2009, relatingto the consolidated financial statements and financial statement schedule of Quest Software, Inc. (the “Company”) (which report expresses an unqualified opinion and included an explanatory paragraph regarding the Company’s adoption ofFinancial Accounting Standards Board Interpretation No. 48, *Accounting for Uncertainty in Income Taxes—an Interpretation of FASB Statement No. 109*in 2007) and the effectiveness of the Company’s internal control overfinancial reporting, appearing in the Annual Report on Form 10-K of the Company for the year ended December 31, 2008. 

/s/    Deloitte & Touche LLP 

Costa Mesa, California 

February 24, 2009
SERVED: MAY 4, 2011 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

CAROLINA BLUE AIR, LLC 

FAA DOCKET NO. CPIOEAOOIO 

(Civil Penalty Action) 

FDMS NO. FAA-2010-0972 

.HTMENTOi^ 

SPORWION 

T'';Ff-RATinr.iN 

uo 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

In accordance with the Judge's direction during the Prehearing Telephone Conference on 

May 3, 2011, the parties shall inform the Judge by May 9, 2011, whether the case has been or 

will be settled and, if not, whether either party wishes to proceed with a hearing or have the case 

decided on the submissions. Any party wishing to proceed with a hearing shall submit by May 

9, 2011, the fact questions that they believe need to be addressed at a hearing. 

SO ORDERED 

(— •''Ttjetnnie A. Yoder 

Chief Administrative L; 

Attachment - Service List 

v.. 
• ' ' ,. i 

m-

«^i^ 

y t i M 

ifif ^^fe*.fl 

' ^^ ^ 

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

In connection with the Annual Report of Aptimus, Inc. (the "Company") on Form
10-K for the year ended December 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Timothy C. Choate,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.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/ Timothy C. Choate
                                                         Timothy C. Choate
                                                         Chief Executive Officer
                                                         March 18, 2004
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
   
 I certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-QSB of Studio Bromont, Inc. for the quarterly period ending June 30, 2003 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Quarterly Report on Form 10-QSB fairly presents in all material respects the financial condition and results of operations of Studio Bromont, Inc.
 
 /s/ Benoit Laliberte
 
 By:  ________________________
 Name:  Benoit Laliberte
 Title:  Principal Executive Officer and Principal Financial Officer
 Date:  August 26, 2003
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

July 15, 2020

p0715 

# Order

Clerk July 15, 2020

154773 (92)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 154773

COA: 325662

Macomb CC: 2009

- 005244

- FC

IHAB MASALMANI,

Defendant

- Appellant.

_____________________________________/

On order of the Court, the motion for reconsideration of this Court’s May 29, 2020

order is considered, and it is DENIED, because we are not persuaded that reconsideration

of our previous order is warranted. MCR 7.311(G).
Exhibit 32.2 - Certification of Chief Financial Officer of Redwood
Entertainment Group, Inc. pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 and Section 1350 of 18 U.S.C. 63.

     I, Kathy Procopio, the Chief Financial Officer of Redwood
Entertainment Group, Inc., hereby certify that Redwood Entertainment Group,
Inc.'s periodic report on Form 10-QSB, for the period ending March 31,
2004, fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, and that information contained in the
periodic report on Form 10-QSB fairly presents, in all material respects,
the financial condition and results of the operations of Redwood
Entertainment Group, Inc.



Date June 2, 2004        /S/ Kathy Procopio
                         Kathy Procopio, Chief Financial Officer
Exhibit 10.6

 

AMENDMENT NO. 1

TO THE
 FOURTH AMENDED AND RESTATED

HMS HOLDINGS CORP. 2006 STOCK OPTION PLAN

 

This Amendment No. 1 (“Amendment”) to the Fourth Amended and Restated HMS Holdings Corp. 2006 Stock Option Plan, as amended (the “Plan”), is adopted by HMS Holdings Corp., a New York corporation (the “Company”), as of February 16, 2012.

 

RECITALS

 

A.            The Board of Directors of the Company (the “Board”) deems it advisable and in the best interest of the Company and its shareholders to amend the Plan, as provided below.

 

B.            Pursuant to Section 12(a) of the Plan, the Board has the authority to amend the Plan.

 

AMENDMENT

 

1.              Section 8(g) of the Plan is hereby amended and restated in its entirety to read as follows:

 

“(g)             Vesting.  The restrictions on each Restricted Stock Award or Restricted Stock Unit Award will lapse at such time or times, and on such conditions, as the Committee may specify. However, Restricted Stock Awards or Restricted Stock Unit Awards shall vest over at least three years from the date of grant if the vesting of such Restricted Stock Award or Restricted Stock Unit Award is subject only to continued service with the Company or a subsidiary. The foregoing limitation shall not apply to (i) Performance Awards under Section 9, which will have a minimum vesting period of one year, (ii) Restricted Stock Awards or Restricted Stock Unit Awards to non-employee members of the Board that are part of their annual retainers, provided that the such Awards vest over at least one year from the date of grant, and (iii) Restricted Stock Awards and Restricted Stock Unit Awards of up to 10% of the number of Shares available for Awards under Section 4(a) as of the Restatement Effective Date.  Notwithstanding the preceding two sentences, the Committee may, in its discretion, accelerate vesting in the event of the death, disability or retirement of a Participant or a Change in Control.”

 

2.              Capitalized terms used in this Amendment and not otherwise defined herein shall have the same meanings assigned to them in the Plan. Except as otherwise expressly set forth in this Amendment, the Plan shall remain in full force and effect in accordance with its terms.

 

* * * * *

 











 

I hereby certify that this Amendment No. 1 was adopted by the Board of Directors of HMS Holdings Corp. on February 16, 2012.

 

Executed this 27th day of February, 2012.

 

	
 
    	
HMS HOLDINGS CORP.
    
	
 
    	
 
    
	
 
    	
/s/ Walter D. Hosp
    
	
 
    	
Walter D. Hosp
    
	
 
    	
EVP, Chief Financial Officer &
   Chief Administrative Officer
    


 

2
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#           Jupiter and the Voyager mission      

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In 1977, the United States launched two unmanned Voyager spacecraft that were to take part in an extensive reconnaissance of the outer planets over a 12-year period visiting the environs of Jupiter, Saturn, Uranus, and Neptune. Their first encounter was with the complex Jupiter planetary system 400 million miles away. Sweeping by Jupiter and its five moons in 1979, the two spacecraft have sent back to Earth an enormous amount of data that will prove to be vital in understanding our solar system. Voyager 1 is scheduled to fly past Saturn on November 13 of this year; Voyager 2, in August of the following year. 

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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

RE: KATIA DE LA CRUZ CASE NUMBER:19-19265-RAM

TRUSTEE'S NOTICE OF DEFICIENCY FOR CONFIRMATION AND RECOMMENDATION

The Trustee reviewed this case and found the following deficiencies remain unresolved from the Trustee’s letter 

requesting documents and prior deficiencies and thus objects as follows (If this case is dismissed, this 

deficiency is an objection to reinstatement until all documents are received or all issues are addressed): 

WRITTEN RESPONSE TO ISSUES RAISED AND/OR DOCUMENTS REQUESTED MUST BE 

RECEIVED BY 5PM AT LEAST FIFTEEN DAYS (NOT INCLUDING HOLIDAYS) PRIOR TO THE 

CONFIRMATION HEARING TO AVOID DISMISSAL. Please note: documents that were not timely 

filed/received by the trustee may not be considered as there is not sufficient time for an additional review of this 

case. Call the Trustee's case administration department prior to “re-sending” documents. The Trustee 

reserves the right to raise additional objections UNTIL all documents are timely provided to the Trustee and 

reviewed for possible issues raised and additional documents needed. 

The debtor or debtor’s attorney must appear at the confirmation hearing even if they pre-hear with the 

Trustee. The debtor may be dismissed for failure to fund the plan if they are delinquent in payments. 

The Court may dismiss this case if no one appears to represent the debtor at the confirmation hearing.

IMPORTANT NOTICE: IF THE DEBTOR(S) OBJECTS TO THE TRUSTEE'S RECOMMENDATION, THE 

DEBTOR'S ATTORNEY MUST CONTACT THE TRUSTEE'S OFFICE AND SPEAK TO AN ATTORNEY 

BEFORE 2PM THE LAST BUSINESS DAY PRIOR TO THE CONFIRMATION HEARING TO SEEK A 

RESOLUTION OR THE RECOMMENDATION WILL BE DEEMED UNCONTESTED BY THE DEBTOR. 

===============================================================================

Recommendation for September 17, 2019 hearing. All amendments and documents for the September 17, 

2019 hearing were due as of August 30, 2019. (Call the Trustee's case administration department prior to 

"re-sending" documents)

2AP @ ECF#33

Serviced 21 days prior: NO DE#34 (8/30)

If Counsel for the Debtor(s) appears and agrees on the record and confirms service of the plan: 

Continue confirmation to 10/22: 

Due on or before 5pm on 10/4: a) COS for 2AP must be filed 21 days prior to confirmation, b) If TBE 

granted CH is $7,998.88, If not amend plan to pay CH7 of $10,526.35, c) obj/conform to cl#7, d) bank stmts 

#0283 (7/1-7/12), e) WDO or motion to waive 

I hereby certify that a true and correct copy of the foregoing was served through ECF on the debtor’s attorney or by U.S. First Class 

pre-paid Mail on the pro se debtor on the same day filed with the Court.

Submitted by:

NANCY K. NEIDICH, ESQ, STANDING CHAPTER 13 TRUSTEE

P.O. BOX 279806, MIRAMAR, FL 33027, (954) 443-4402

Case 19-19265-RAM Doc 35 Filed 09/09/19 Page 1 of 1
EXHIBIT  10.10

 

Summary of Barry L. McCabe 2012 Compensation

 

The Knoll, Inc. compensation committee approved an annual base salary of $295,000 for Barry L. McCabe, with a bonus target of $295,000.  Mr. McCabe is also entitled to participate in the benefit plans provided by Knoll that are generally available to all Knoll employees.
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

BROWARD DIVISION

 

In re:

SEVEN STARS ON THE HUDSON

CORPORATION, d/b/a ROCKIN’ JUMP Case No. 20-19106 - SMG

Chapter 11

Debtor,

____________________________________/

SEVEN STARS ON THE HUDSON Adversary Proceeding

CORPORATION, d/b/a ROCKIN’ JUMP, No. 19-01230-SMG

 Plaintiff

v.

MDG POWERLINE HOLDINGS, LLC

AND XBK MANAGEMENT LLC,

d/b/a XTREME ACTION PARK,

Defendants.

___________________________________

Scott M. Grossman, Judge

_____________________________________________________________________________ United States Bankruptcy Court

ORDERED in the Southern District of Florida on August 12, 2021.

Case 19-01230-SMG Doc 201 Filed 08/12/21 Page 1 of 3
ORDER GRANTING PLAINTIFF’S MOTION

TO CORRECT CITATION ERRORS CONTAINED

IN PLAINTIFF’S PAPERS SUBMITTED IN OPPOSITION TO

DEFENDANTS MDG POWERLINE HOLDINGS, LLC’S AND 

XBK MANAGEMENT, LLC D/B/A XTREME ACTION PARK’S

RESPECTIVE MOTIONS FOR SUMMARY JUDGMENT

Plaintiff Seven Stars on the Hudson Corporation (“Plaintiff”), by and through its 

undersigned attorney, filed its Motion for Leave to Correct Citation Errors Contained in Plaintiff’s 

Papers Submitted in Opposition to Defendants MDG Powerline Holdings, LLC’S and XBK 

Management, LLC d/b/a Xtreme Action Park’s Respective Motions for Summary Judgment 

(“Motion”) [DE # 196]. Following a Hearing held on August 11, 2021, and having reviewed the 

Motion, and there being no objection to the relief sought in the Motion, it is ORDERED AND 

ADJUDGED that:

1) The Motion for Leave to file Corrected Plaintiff Responses to Defendants’ Respective 

Motions for Summary Judgment is granted.

2) The Plaintiff shall file its Corrected Responses to the Defendants’ respective Motions 

for Summary Judgment on the Docket within three business days from entry of the 

Order granting the Motion.

3) Defendants shall have seven days from the filing of the Plaintiff’s Responses to the 

Summary Judgment Motions to file their replies.

4) Attorney Kathleen A. Daly is directed to serve a copy of this Order upon all parties in 

interest and to file a certificate of service of same.

###

Submitted by:

LAW OFFICE OF KATHLEEN A. DALY, P.A.

515 N. Flagler Dr., Ste. P300

West Palm Beach, FL 33401

Tel: Office: (561) 293-8514/(917) 301-2437

Case 19-01230-SMG Doc 201 Filed 08/12/21 Page 2 of 3
Fax No. (800) 395-8692

Email: kdaly@kadalylaw.com

Fla. Bar No. 112438

Copies furnished to:

Jay M. Sakalo, Esq.

Scott A. Hiaasen, Esq.

Kai E. Jacobs, Esq.

Case 19-01230-SMG Doc 201 Filed 08/12/21 Page 3 of 3