alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 31.2

Certification

I, Brian S. Moroney, certify that:

1. I have reviewed this annual report on Form 10-K for the year ended December 31, 2005 of UCN, Inc.;

2. Based on my knowledge, this report does not contain any untrue 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 periods 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 report;

4. The registrants other certifying officer(s) and I are 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 have:

(a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our 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 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 internal control 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 materially affect, 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 of the 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: March 21, 2005 |  | By: |  | /s/ Brian S. Moroney   
|                     |  |     |  | Brian S. Moroney       
|                     |  |     |  | Chief Financial Officer
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 10479 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
SALVADOR ALVARADO , Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:14

- CR

- 137

- 1

Before REAVLEY, JONES, and SMITH, Circuit Judges. PER CURIAM: * Salvador Alvarado appeals the 293

- month sentence he received following his guilty plea conviction for possession of methamphetamine with the intent to distribute, in violation of 21 U.S.C. § 841. For the first time on appeal, he argues that the district c ourt erred in basing his sentence on 4.6 kilograms of actual methamphetamine when the undisputed facts show that he bought

* 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 set forth in 5 TH C IR

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

### FILED July 18, 2016 Lyle W. Cayce Clerk Case: 15-10479 Document: 00513596133 Page: 1 Date Filed: 07/18/2016No. 15

- 10479

three ounces of methamphetamine and five kilograms of a “simulated
substance.” As Alvarado concedes, because he did not raise his appellate argument in the district court, review is for plain error only. See Puckett v. United States , 556 U.S. 129, 135 (2009). However , t he amount of methamphetamine attributable to Alvarado is a finding of fact which was capable of resolution

upon pr oper objection in the district court and thus cannot constitute plain

error

. See United States v. Vital , 68 F.3d 114, 120 (5th Cir. 1995) ; see also United States v. Lopez , 9 23 F.2d 47, 50 (5th Cir. 1991). Consequently, the district court’s judgment is AFFIRMED.

2 Case: 15-10479 Document: 00513596133 Page: 2 Date Filed: 07/18/2016
### IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II

In re the Matter of the

Personal Restraint Petition of No. 48418

- 8

- II

MICHAEL JAMES CANTY,

Petitioner.

UNPUBLISHED OPINION

M AXA

, J.

— Michael Canty seeks relief from personal restraint imposed following his

convictions in 2001 of indecent liberties, first degree burglary, and second degree robbery. He

argues that his judgment and sentence is facially invalid because it gives him credit for 161 days

served when he actually served 173 days.

The State con cedes that Canty’s judgment and sentence misstates the amount of credit for

time served and states that he is entitled to credit for 184 days served. It further concedes that

Canty’s judgment and sentence is facially invalid and is not subject to the time bar contained in

RCW 10.73.090(1). The State asks that we remand Canty’s judgment and sentence for correction

of the amount of credit for time served.

We accept the concession and grant Canty’s personal restraint petition. We remand his

judgment and s entence to the trial court to be corrected as described above. Filed

Washington State

Court of Appeals

Division Two

June 28, 2016No. 48418

- 8

- II

2

Canty also requests relief in the form of compelling the end of sentence review committee

to change its narrative about his criminal history. This request is beyond the scope of this petitio n

and is therefore denied.

A majority of the panel having determined that this opinion will not be printed in the

Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040,

it is so ordered.

MAXA, J.

We concur:

BJORGEN, C.J.

SUTTON, J.
UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

In Re: 

 Chapter 13 

RICHARD TRAINA, Case No.: 19-17932-EPK 

 Debtor. 

_________________________/ 

SECURED CREDITOR’S MOTION TO DISMISS 

U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF THE TIKI 

SERIES IV TRUST (the “Secured Creditor”), its successors and/or assigns, as a secured creditor, 

seeks an order dismissing this pending Bankruptcy case, and in support thereof, states as follows: 

1. On June 14, 2019 (the “Petition Date”), the Debtor filed a voluntary petition for 

relief under Chapter 13 of the Bankruptcy Code. 

2. On July 17, 2019, Secured Creditor filed Proof of Claim Number 1, evidencing its 

secured claim secured by the Debtor’s real property located at 20036 Backnine Drive, Boca 

Raton, FL 33498. 

3. Debtor’s confirmed Chapter 13 Plan provides for payment of the pre-petition 

arrearage and post petition obligations due to Secured Creditor based on the filed Proof of Claim. 

4. It has come to Secured Creditor’s attention that the Debtor died on January 26, 

2021, however, no notice has been filed with the court advising of this death. As the Debtor is 

no longer living, the pending Bankruptcy case can no longer remain active. A true and correct 

copy of the Official Death Certificate is attached hereto as Exhibit A. 

WHEREFORE, for all the foregoing reasons, Secured Creditor respectfully requests entry 

of an order granting its Motion to Dismiss, due to the death of the Debtor, and for such other and 

further relief as this Court deems just. 

Case 19-17932-EPK Doc 65 Filed 08/18/21 Page 1 of 3
Respectfully submitted, 

HOWARD LAW GROUP 

 /s/ Matthew Klein 

MATTHEW KLEIN 

FLORIDA BAR#: 73529 

4755 Technology Way, Suite 104 

Boca Raton, FL 33431 

Telephone: 954-893-7874 

Fax: 888-235-0017 

Email: matthew@howardlawfl.com

I HEREBY CERTIFY that on August __, 2021, I electronically filed the foregoing with the 

Clerk of Court by using the CM/ECF System, which will send a notice of electronic filing to all 

CM/ECF participants: 

Mitchell J. Nowack, Esq., 8551 Sunrise Blvd #208, Plantation, FL 33322 

Robin R Weiner, POB 559007, Fort Lauderdale, FL 33355 

Office of the US Trustee, 51 S.W. 1st Ave., Suite 1204, Miami, FL 33130, 

And a copy was mailed via US Mail to: 

Richard Traina, 20036 Back Nine Drive, Boca Raton, FL 33498 

/s/ Matthew Klein 

Case 19-17932-EPK Doc 65 Filed 08/18/21 Page 2 of 3
Case 19-17932-EPK Doc 65 Filed 08/18/21 Page 3 of 3
II 

112TH CONGRESS 

2D SESSION S. 2699 

To suspend temporarily the duty on phosphorus sulfochloride. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2012 

Mr. CASEY introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To suspend temporarily the duty on phosphorus sulfochloride. 

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

3 SECTION 1. PHOSPHORUS SULFOCHLORIDE. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Phosphorus sulfochloride 

(CAS No. 3982–91–0) (provided for in subheading 

2812.10.50) ........................... Free No change No change On or before 

12/31/2015 ’’. 

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

9 subsection (a) applies with respect to goods entered, or 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•S 2699 IS

1 withdrawn from warehouse for consumption, on or after 

2 the 15th day after the date of the enactment of this Act. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS
[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Notices]
[Page 3667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-969]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 6484]


Office of the Chief of Protocol; Gifts to Federal Employees From 
Foreign Government Sources Reported to Employing Agencies in Calendar 
Year 2007; Correction

AGENCY: Department of State.

ACTION: Notice; Correction.

-----------------------------------------------------------------------

SUMMARY: This document contains a correction to the Notice ``Gifts to 
Federal Employees From Foreign Government Sources Reported to Employing 
Agencies in Calendar Year 2007'' published in the Federal Register on 
December 2, 2008, in FR Volume 73, Number 246. This notice is a request 
to change the identity of the foreign donor and government of a gift 
given to the Honorable Condoleezza Rice, Secretary of State of the 
United States, on January 5, 2007.

FOR FURTHER INFORMATION CONTACT: Tiffany Divis, Senior Gifts Officer 
and Special Assistant, Office of the Chief of Protocol, 2201 C Street, 
NW., Suite 1238, Washington, DC 20520, office number 202-647-1161.

Correction

    In the Federal Register of December 2, 2008, in FR Volume 73, on 
page 78493, in the third column, correct the sixth paragraph to read:
    The Custodian of the Two Holy Mosques King Abdullah Bin Abdul Aziz 
Al Saud, King of the Kingdom of Saudi Arabia.

    Dated: January 9, 2009.
Patrick F. Kennedy,
Under Secretary for Management, Department of State.
 [FR Doc. E9-969 Filed 1-16-09; 8:45 am]
BILLING CODE 4710-20-P
EX-10.40



 





Exhibit 10.40




AMENDMENT TO THE

TOLLGRADE COMMUNICATIONS, INC.

1995 LONG-TERM INCENTIVE COMPENSATION PLAN




     WHEREAS, Tollgrade Communications, Inc. (the “Company”) sponsors the Tollgrade Communications,
Inc. 1995 Long-Term Incentive Compensation Plan (the “Plan”);



     WHEREAS, pursuant to Section 15.1 of the Plan, the board of directors of the Company has the
authority to amend the Plan; and



     WHEREAS, the Company wishes to amend the Plan to reflect the provisions of Section 409A of the
Internal Revenue Code of 1986, as amended.



     NOW, THEREFORE, the Plan is hereby amended effective as of January 1, 2005 as follows:


1.      Section 8.6 is deleted in its entirety and reserved.



2.      Section 9.4 is amended in its entirety to read as follows:





	 	9.4	 	Form and Timing of Payment of Performance Units/Shares. Payment of earned
Performance Units/Shares shall be made in a single lump sum within 2 1/2 months following
the close of the applicable Performance Period. Subject to the terms of this Plan, the
Appropriate Administrator, in its sole discretion, may pay earned Performance
Units/Shares in the form of cash or in Shares (or in a combination thereof) which have
an aggregate Fair Market Value equal to the value of the earned Performance
Units/Shares at the close of the applicable Performance Period. Such Shares may be
granted subject to any restrictions deemed appropriate by the Appropriate
Administrator.




3.      Article 12 is deleted in its entirety and reserved.




     IN WITNESS WHEREOF, the Company’s duly authorized officer has caused this Amendment to be
executed this 13th day of December, 2007.



	 	 	 	 	 
	 	TOLLGRADE COMMUNICATIONS, INC.

 	 
	 	By:  	/s/ Sara M. Antol
 	 
	 	Title:  	  General Counsel and Secretary
# L_2004209EN.01001401.xml

| 11.6.2004 | EN | Official Journal of the European Union | L 209/14 |
| --- | --- | --- | --- |

11.6.2004

EN

Official Journal of the European Union

L 209/14

---

COMMISSION REGULATION (EC) No 1095/2004

of 10 June 2004

on the issue of import licences for high-quality fresh, chilled or frozen beef and veal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1),

Having regard to Commission Regulation (EC) No 936/97 of 27 May 1997 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat (2),

Whereas:

| (1) | Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f). |
| --- | --- |

(1)

Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f).

| (2) | Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal originating in and imported from the United States of America and Canada which may be imported on special terms for the period 1 July 2003 to 30 June 2004 at 11 500 t. |
| --- | --- |

(2)

Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal originating in and imported from the United States of America and Canada which may be imported on special terms for the period 1 July 2003 to 30 June 2004 at 11 500 t.

| (3) | It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit, |
| --- | --- |

(3)

It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit,

HAS ADOPTED THIS REGULATION:

Article 1

1.   All applications for import licences from 1 to 5 June 2004 for high-quality fresh, chilled or frozen beef and veal as referred to in Article 2(f) of Regulation (EC) No 936/97 shall be granted in full.

2.   Applications for licences may be submitted, in accordance with Article 5 of Regulation (EC) No 936/97, during the first five days of July 2004 for 958,333 t.

Article 2

This Regulation shall enter into force on 11 June 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 June 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

1

(2)  
  OJ L 137, 28.5.1997, p. 10. Regulation as last amended by Regulation (EC) No 649/2003 (OJ L 95, 11.4.2003, p. 13).

2

---
MEMORANDUM

SUBJECT: 8-4-11 Meeting with the Portland Ce ment Association and EPA on the 2011
NHSM Final Rule

FROM: Tab Tesnau Office of Resource Conservation and Recovery

TO: Docket ID No. EPA-HQ-RCRA-2008-0329

On August 4, 2011, EPA met with Portland Cement Association to discus s their issues and
concerns with the final rule en titled, “Identification of Non-H azardous Secondary Materials That are Solid Waste,” which was published in th e Federal Register on March 21, 2011 (76 FR 15456). This is referred to as the 2011 NHSM Final Rule.

During that meeting, members from the Portland Cement Association expressed concerns with how ingredients would be regulated under the 2011 NHSM Final Rule and how the contaminant comparison part of the legitimacy criteria is inte nded to be implemented. EPA asked clarifying questions regarding the information presented.

Expected Meeting Attendees

Members from the Portland Cement Association:
Andrew Ohare Tyrone Wilson Other representatives may have been present

EPA Invitees: Chair, Mathy Stanislaus Alan Carpien
Jim Berlow Barry Breen
Lisa Feldt
John Michaud
Suzanne Rudzinski
Steven Silverman

Matt Straus Peter Tsirigotis
* This order and judgment is not binding precedent, e xcept under the

doctrines of law of the case, res judicata and coll ateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### DEC 2 1998 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

JAMES WARD, Plaintiff-Appellant,
v. UNITED STATES OF AMERICA; JANET RENO, Attorney General for the United States; KATHLEEN M. HAWK, Director of Bureau of Prisons; J. W. BOOKER, Warden, United States Penitentiary Leavenworth, Defendants-Appellees. No. 98-3232 (District of Kansas) (D.C. No. 98-CV-3187)

ORDER AND JUDGMENT *
Before BALDOCK , EBEL, and MURPHY , Circuit Judges. After examining the briefs and appellate record, th is panel has determined unanimously that oral argument would not materiallyassist the determination of2Bivens v. Six Unknown Fed. Narcotics Agents , 403 U.S. 388 (1971). -2- this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1.9. Th e court therefore orders the case submitted without oral argument. James Ward, proceeding pro se and in forma pauperis , appeals the district court’s dismissal of his Bivens -type 2civil rights complaint against various federal officials. Ward sought declaratory and injunctive relief, as well as damages, alleging he does not expect to receive appropriate consideration for a sentence reduction pursuant to 18 U.S.C. § 3621 upon complet ion of a drug treatment program. The district court dismissed the complaint without prejudice as premature, finding that because Ward had not yet co mpleted the drug treatment program, been denied the reduction, and then exhaus ted his administrative remedies, the case was not ripe for adjudication. See Abbott Labs v. Gardner , 387 U.S. 136, 148 (1967) (holding that Constitution ’s ripeness requirement serves to “prevent the courts, through avoidance of premature adjudication, from entangling themselves in abstract disagreements ove r administrative policies, and also to protect the agencies from judicial interfer ence until an administrative decision has been formalized and its effects felt i n a concrete way”). This court reviews the district court’s conclusion that the case is not ripe for adjudication de novo
. See Powder River Basin Resource Council v. Babbit , 54 F.3d 1477, 1483 (10th Cir. 1995). Upon de novo review of Ward’s appellate-3-

brief, the district court’s Order, and the entire r ecord on appeal, we find no reversible error and, therefore, AFFIRM for substantially those reasons set forth in the district court’s Order dated July 29, 1998. ENTERED FOR THE COURT:
Michael R. Murphy Circuit Judge
[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Page 19230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9681]



[[Page 19230]]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Center for Complementary & Alternative Medicine; Notice 
of Closed Meeting

    Pursuant to Section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the National 
Advisory Council for Complementary and Alternative Medicine (NACCAM) 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and/or contract proposals 
and the discussion could disclose confidential trade secrets or 
commercial property such as patentable material, and personal 
information concerning individuals associated with the grant 
applications and/or contract proposals, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Advisory Council for Complementary 
and Alternative Medicine.
    Date: May 5, 2009.
    Closed: 1 p.m. to 3 p.m.
    Agenda: To review and evaluate grant applications and/or 
proposals.
    Place: National Institutes of Health, 6707 Democracy Blvd., 
Suite 401, Bethesda, MD 20892 (Teleconference).
    Contact Person: Martin H. Goldrosen, PhD, Executive Secretary, 
Director, Division of Extramural Activities, National Center for 
Complementary and Alternative Medicine, National Institutes of 
Health, 6707 Democracy Blvd., Suite 401, Bethesda, MD 20892, (301) 
594-2014.
    This notice is being published less than 15 days prior to the 
meeting due to scheduling conflicts.

    Dated: April 22, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-9681 Filed 4-27-09; 8:45 am]
BILLING CODE 4140-01-P