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

                                                                   Exhibit 3.1.3

                           CERTIFICATE OF AMENDMENT
                        OF CERTIFICATE OF INCORPORATION
                                      OF
                         CRICKET COMMUNICATIONS, INC.


     CRICKET COMMUNICATIONS, INC., a corporation organized and
existing under and by virtue of the General Corporation Law of the State of
Delaware,

     DOES HEREBY CERTIFY:

     FIRST:  That the Board of Directors of said corporation adopted a
resolution proposing and declaring advisable the following amendment to the
Certificate of Incorporation of said corporation:

             RESOLVED, that the Certificate of Incorporation of Cricket
Communications, Inc. be amended by changing the first Article thereof so that,
as amended, said Article shall read in its entirety as follows:

             "FIRST: The name of the Corporation is Cricket Communications
Holdings, Inc."

     SECOND: That in lieu of a meeting and vote of stockholders, the
stockholders have given unanimous written consent to said amendment in
accordance with the provisions of Section 228 of the General Corporation Law of
the State of Delaware.

     THIRD: That the aforesaid amendment was duly adopted in accordance with
Sections 242 and 228 of the General Corporation Law of the State of Delaware.


Dated:  October 25, 1999
                                   CRICKET COMMUNICATIONS, INC.



                                   By: /s/ James E. Hoffmann
                                      -----------------------------------
                                               James E. Hoffmann
                                               Secretary
11 TH C OURT OF A PPEALS

E ASTLAND

, T EXAS

J UDGMENT

Juan Manuel Albarado

, * From the 326th District Court

of Taylor County,

Trial Court No. 15

- 11402N

.

Vs. No. 11

- 16

- 00280

- CV * May 4, 2017

Amanda M. Jimenez, * Memorandum Opinion by Bailey, J

. (Panel consists of: Wright, C.J.,

Willson , J. , and Bailey, J. )

This court has inspected the record in this cause and concludes that t here is no

error in the order below. Therefore, in accordance with this court ’ s opinion, the

order of the trial court is in all things affirmed.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-2839

JOYCE EDWARDS, Plaintiff - Appellant, versus BROADWAY SERVICES, INCORPORATED, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-98- 2224-MJG) Submitted: March 25, 1999 Decided: March 30, 1999 Before WILKINS and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Joyce Edwards, Appellant Pro Se. Warren Malcolm Davison, LITTLER, MENDELSON, FASTIFF & TICHY, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* Although the district court’s orders are marked as “filed” on November 23, 1998, and December 21, 1998, the district court’s records show that they were entered on the docket sheet on November 24, 1998, and December 22, 1998. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date the the order was entered on the docket sheet that we take as the effective date of the district court’s decision. See Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2 PER CURIAM: Joyce Edwards appeals from the district court’s orders (1)granting summary judgment to the defendant in her employment discrimination action and (2) denying her motion for reconsideration.Our review of the record and the district court’s opinions discloses no reversible error. Accordingly, we affirm on the reasoning of the district court. See Edwards v. Broadway Servs., Inc. , No. CA-98-2224-MJG (D. Md. Nov. 24 & Dec. 22, 1998). * We dispense withoral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
# C_2021338EN.01001902.xml

| 23.8.2021 | EN | Official Journal of the European Union | C 338/19 |
| --- | --- | --- | --- |

23.8.2021

EN

Official Journal of the European Union

C 338/19

---

Judgment of the General Court of 7 July 2021 — ID v EEAS

(Case T-28/20) (1)

(Civil service - Members of the contract staff - Decision to dismiss before the end of the probationary period - Obvious inadequacy - Inappropriate conduct - Article 84 of the CEOS)

(2021/C 338/24)

Language of the case: English

Parties

Applicant: ID (represented by: C. Bernard-Glanz, lawyer)

Defendant: European External Action Service (represented by: S. Marquardt and R. Spáč, acting as Agents)

Re:

Application under Article 270 TFEU seeking, first, annulment of the decision of the EEAS of 6 March 2019 terminating the applicant’s contract before the end of the probationary period and, secondly, compensation for the material and non-material damage allegedly suffered by the applicant as a result of that decision.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders ID to pay the costs. |
| --- | --- |

2.

Orders ID to pay the costs.

---

(1)  OJ C 95, 23.3.2020.

---
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#### Mary C. Ward and Fredrick J. Ward, *Appellants,*v. Francis J. Weis and Emma Weis, *Appellees.*

Division B.

Decision Filed July 22, 1927.

*Fredrick J. Ward,*for Appellants;

*W. F. Brown*and *Boy S. Wood,*for Appellees.

Per Curiam.

This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said decree; it is, therefore, considered, ordered and adjudged by the Court that the said decree of the Circuit Court be, and the same is hereby affirmed.

Whitfield, P. J., and Terrell and Buford, J. J., concur.
# C_2021242EN.01003701.xml

| 21.6.2021 | EN | Official Journal of the European Union | C 242/37 |
| --- | --- | --- | --- |

21.6.2021

EN

Official Journal of the European Union

C 242/37

---

Judgment of the General Court of 5 May 2021 — Capella v EUIPO — Cobi.bike (GOBI)

(Case T-286/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark GOBI - Earlier EU figurative mark COBI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Relevant public)

(2021/C 242/50)

Language of the case: German

Parties

Applicant: Capella EOOD (Sofia, Bulgaria) (represented by: R. Klenke, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Graul and A. Söder, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Cobi.bike GmbH (Frankfurt am Main, Germany) (represented by: A. Molnar, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 14 February 2020 (Case 1685/2019-2), relating to opposition proceedings between Cobi.bike and Capella.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Capella EOOD to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Cobi.bike GmbH. |
| --- | --- |

2.

Orders Capella EOOD to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Cobi.bike GmbH.

---

(1)  OJ C 222, 6.7.2020.

---
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-94,186-01

EX PARTE MELVIN GEORGE QUINNEY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1990CR4339-W1 IN THE 227TH DISTRICT COURT

FROM BEXAR COUNTY

Per curiam. YEARY, J. dissented.

O P I N I O N

Applicant was convicted of indecency with a child and sentenced to twenty years’

imprisonment. The Fourth Court of Appeals affirmed his conviction. Quinney v. State, No. 04-91-

00541-CR (Tex. App. — San Antonio May 27, 1992) (not designated for publication). Applicant

filed this application for a writ of habeas corpus in the county of conviction, and the district clerk

forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant contends, among other things, that he is actually innocent. Based on the record,

the trial court has determined that Applicant has established by clear and convincing evidence that

he is actually innocent.

We agree. Relief is granted. Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996);
2

Ex parte Tuley, 109 S.W.3d 388 (Tex. Crim. App. 2002). The judgment in cause number 90-CR4339 in the 227th District Court of Bexar County is set aside, and Applicant is remanded to the

custody of the Sheriff of Bexar County to answer the charges as set out in the indictment. The trial

court shall issue any necessary bench warrant within ten days from the date of this Court’s mandate.

Copies of this opinion shall be sent to theTexasDepartment ofCriminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: February 15, 2023

Do not publish
<PAGE>
                                                                  EXHIBIT 10.2.8
                             As of February 8, 2006

Globis Overseas Fund, Ltd.
60 Broad Street
New York, NY  10004
Attn: Paul Packer

Gentlemen:

The undersigned hereby agrees to transfer to you 4,000 shares ("Shares") of
common stock, par value $.001 per share, of Asia Automotive Acquisition
Corporation ("Company"), a blank check company organized for the purpose of
effecting a merger, capital stock exchange, asset acquisition or other similar
business combination with an automotive operating business that has its primary
operating facilities located in Asia, in exchange for $100.

By agreeing to the foregoing transfer, you understand that the Shares have not
been registered under the Securities Act of 1933, as amended (the "Securities
Act"); that you are acquiring the Shares for your account for investment
purposes only; that you have no present intention of selling or otherwise
disposing of the Shares in violation of the Securities Act; that you are an
"accredited investor" as defined by Rule 501 of Regulation D promulgated under
the Securities Act; and that, based solely on a review of the Registration
Statement on Form S-1, as amended to date, filed with the SEC, you are familiar
with the proposed business, management, financial condition, and affairs of the
Company.

Very truly yours,



/s/ Rudy Wilson
Rudy Wilson



Agreed to:
Globis Overseas Fund, Ltd.



By: /s/ Paul Packer
    -----------------
    Name: Paul Packer
    Title: by Globis Capital Management L.P.,
           by Globis Capital LLC, by
           Paul Packer, Managing Member
RB

IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 22-0353

STATE OF MONTANA,

Plaintiff and Appellee,

v.

ROBERT EARL STAUDENMAYER,

Defendant and Appellant.

ORDER

Upon consideration of Appellee’s motion for a 30-day extension of time, 

and good cause appearing therefor,

IT IS HEREBY ORDERED that Appellee is granted an extension of time 

to and including May 26, 2023, within which to prepare, file, and serve its 

response brief.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

April 18 2023

04/18/2023

Case Number: DA 22-0353
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IS
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 Cygni Investments, Inc.
(the "Company") on Form 10-Q for the quarter ended March 31, 2008, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
the undersigned principal executive officer of the Company, hereby certifies
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

     (1)  the Report fully complies with the requirements of Section 13(a)
          or 15(d) of the Securities Exchange Act of 1934; and

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

Date:  May 20, 2008

/s/ Carl Suter
Carl Suter, President & Treasurer
(Principal Executive Officer and
Principal Financial Officer)
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 6394** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. DWAYNE RODERICK ROSS , Defendant

- Appellant
.

Appeal from the United States District Court for the District of South Carolina , at Columbia
. Cameron McGowan Currie , Senior District Judge. ( 3:09

- cr - 00714

- CMC

- 1 )

Submitted : J une 26 , 2014 Decided: Ju ne 30 , 2014

Before WILKINSON, KING, and GREGORY , Circuit Judges.

Dismissed by un published per curiam opinion
. Dwayne Roderick Ross, Appellant Pro Se. James Hunter May, John C. Potterfield, Stanley D. Ragsdale, Assistant United States Attorneys, James Chris Leventis, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appell ee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Dwayne Roderick Ross seeks to appeal from the district court’s order construing his Fed. R. Civ. P. 60(b) motion as a 28 U.S.C. § 2255 ( 2012 ) motion , and dismissing it as su ccessive. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (B) (20 12 ). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutiona l right.” 28 U.S.C. § 2253(c)(2) (20 12 ). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is deba table or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Ross has not made the requisite showing. Accordingly, we deny a cer tificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal3 contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

DISMISSED
EXHIBIT 31.1

Certification of Chief Executive Officer

Pursuant to Section 302 of the Sarbanes-Oxley Act of
2002

I, Ray Brunner, certify that:

1. I have reviewed
this quarterly report on Form 10-Q of Design Within Reach, 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 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 report;

4. The registrants other
certifying officer 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 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: January 16, 2007 |  |                        
|                       | 
|                       |  | /s/ RAY BRUNNER        
|                       |  | Ray Brunner            
|                       |  | Chief Executive Officer
Exhibit 32.2



                        CERTIFICATION OF PERIODIC REPORT
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         I, Brian C. Woolf, Chief Financial Officer of Rubicon Medical
Corporation (the "Company"), certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of my
knowledge:

         (1)      the Annual Report on Form 10-KSB of the Company for the fiscal
                  year ended December 31, 2003 (the "Report") fully complies
                  with the requirements of Section 13(a) or 15(d) of the
                  Securities Exchange Act of 1934 (15 U.S.C. 78m or 78 o(d));
                  and

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


Date: March 22, 2004


/s/ Brian C. Woolf
-------------------------
Brian C. Woolf
Chief Financial Officer


A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act has been furnished to Rubicon Medical Corporation and will be
retained by Rubicon Medical Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.
Frank James CARTER v. STATE

CR-16-0707

Court of Criminal Appeals of Alabama.

July 7, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.