alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 31.1****CERTIFICATIONS**I, David S. Kalt, Chief Executive Officer of the Company, certify that:          1. I have reviewed this quarterly report on Form 10-Q of optionsXpress Holdings, Inc.;          2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or 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 includedin this 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 this report;          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 disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;          b) [Reserved];          c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and          d) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected, or is reasonablylikely 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 recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent function):          a) All significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and          b) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.Date: May15, 2006                                      /s/ DAVID S. KALT   Name:  David S. Kalt   Title:  *Chief Executive Officer*  
16
Daryl MYERS, Appellant, v. STATE of Florida, Appellee.

No. 4D19-109

District Court of Appeal of Florida, Fourth District.

[March 14, 2019]

**DECISION WITHOUTPUBLISHED OPINION**

Affirmed.
#### Elizabeth Jelks, P. D. Barber and G. B. King, *Appellants,*v. J. L. B. Gilmore, as Executor of the Last Will and Testament of Thomas H. Mims, Deceased, *Appellee.*

Division B.

Decision Filed October 13, 1927.

*MeCune, Casey, Hiaasen*c6 *Fleming,*for Appellants;

*Chancey <& Saunders,*for Appellee.

Per Curiam.

In this ease general and special demurrers to bill of complaint were overruled.

From the order overruling the demurrers this appeal was taken. The order of the chancellor overruling demurrers should be sustained on authority of Wilson v. Dumwright,, 87 Fla. 202, 99 Sou. 553; and Brecht v. Burr-ne Company, 91 Fla. 345, 108 Sou. 173, and it is so ordered.

Affirmed.

Wi-iitfield, P. J., and Terrell and Buford, J. J., concur.
STATE of Louisiana v. Timothy Ray MILLER

NO. 2018-K-0915

Supreme Court of Louisiana.

March 6, 2019

Denied.
STATE DEPARTMENT OF HUMAN RESOURCES v. T.J.

2160858

Court of Civil Appeals of Alabama.

September 21, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
# C_2021452EN.01003602.xml

| 8.11.2021 | EN | Official Journal of the European Union | C 452/36 |
| --- | --- | --- | --- |

8.11.2021

EN

Official Journal of the European Union

C 452/36

---

Judgment of the General Court of 15 September 2021 — LF v Commission

(Case T-466/20) (1)

(Civil service - Members of the contract staff - Remuneration - Expatriation allowance - Article 4(1)(b) of Annex VII to the Staff Regulations - Refusal to grant the expatriation allowance - Habitual residence - Duties performed in an international organisation established in the State of employment)

(2021/C 452/43)

Language of the case: French

Parties

Applicant: LF (represented by: S. Orlandi, lawyer)

Defendant: European Commission (represented by: T. Bohr and A.-C. Simon, acting as Agents)

Re:

Application under Article 270 TFEU for annulment of the decision of the Commission’s Office for the Administration and Payment of Individual Entitlements (PMO) of 11 September 2019, by which the applicant was refused entitlement to the expatriation allowance.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders LF to bear his own costs and to pay those incurred by the European Commission. |
| --- | --- |

2.

Orders LF to bear his own costs and to pay those incurred by the European Commission.

---

(1)  OJ C 313, 21.9.2020.

---
Exhibit 10.2


 


 


 


September 30, 2016


 


Flexpoint Fund II, L.P.

c/o Flexpoint Ford, LLC


676 N. Michigan Avenue, Suite 3300


Chicago, IL 60611


 


Attn: Donald J. Edwards and Steven M. Michienzi

Re:Consent to Amendment of Promissory Note


 


Messrs. Edwards and Michienzi:


 


Reference is hereby made to that certain Promissory Note of
JetPay Corporation (the “Company”) payable to the order of Flexpoint Fund II, L.P. (“Flexpoint”) (the “Note”),
dated January 15, 2016, and amended April 8, 2016 and July 25,2016. Capitalized terms used herein but not defined herein shall
have the meanings ascribed to such terms in the Note. The Company and Flexpoint now desire to amend the Note in accordance with
the provisions of Section 6 of the Note.


 


   In consideration of the premises and mutual
promises and covenants herein contained and intending to be legally bound, the Company and Flexpoint hereby agree as follows:


 


1.       Amendment of
Section 2(a). The second sentence of Section 2(a) of the Note is hereby amended by deleting such sentence in its entirety and
replacing it with the following: “This Note shall mature at the earlier to occur of the following (the "Maturity
Date"): (i) October 31, 2016 and (ii) an Event of Default (as defined in Section 3) which has not been
duly cured or waived.”


 


2.       Interest Payment.
On the date hereof, the Company shall pay to Flexpoint in cash all accrued and unpaid interest on the Note through the date hereof.


 


3.       Effect of Amendment.
All other provisions of the Note remain unchanged and in full force and effect.


 


 





[Signatures on following page]


 






     


     


    

 


 


 


Please note your acceptance of the above by signing below as
indicated.


 


	 	Very truly yours,
	 	 
	 	 
	 	JETPAY CORPORATION
	 	 
	 	By: 	/s/ Peter Davidson
	 	Name:  	Peter Davidson
	 	Title:  	Vice-Chairman 






 


Acknowledged and agreed as of this 30th day of September,
2016:






 


FLEXPOINT FUND II, L.P.


 


By: Flexpoint Management II, L.P.

Its: General Partner


 


By: Flexpoint Ultimate Management II, LLC


 


Its: General Partner


 


 


	By: 	/s/ Donald J. Edwards	 
	Name:	Donald J. Edwards	 
	Title:	CEO
III 

118TH CONGRESS 

2D SESSION S. RES. 874 

Honoring the Southeast Region Little League baseball team from Lake Mary, 

Florida, for winning the 2024 Little League Baseball World Series. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2024 

Mr. RUBIO (for Mr. SCOTT of Florida (for himself and Mr. RUBIO)) submitted 

the following resolution; which was referred to the Committee on Commerce, Science, and Transportation 

RESOLUTION 

Honoring the Southeast Region Little League baseball team 

from Lake Mary, Florida, for winning the 2024 Little 

League Baseball World Series. 

Whereas, on August 25, 2024, the Southeast Region Little 

League baseball team from Lake Mary Little League of 

Lake Mary, Florida, won the Little League Baseball 

World Series; 

Whereas this is the first time a Florida team has won the 

Little League Baseball World Series in the 77-year history of the series; 

Whereas the Southeast Region team achieved an undefeated 

record by obtaining 4 wins and 0 losses in the Southeast 

Region Tournament and 4 wins and 0 losses in the Little 


jspears on DSK121TN23PROD with BILLS
2 

•SRES 874 IS 

League Baseball World Series playoffs and winning the 

championship game; 

Whereas the Southeast Region team players, coaches, and 

managers showed tremendous dedication and sportsmanship throughout the season toward the goal of winning 

the Little League Baseball World Series Championship; 

Whereas the Southeast Region team fans from Florida 

showed enthusiasm, support, and courtesy for all of the 

players and coaches and the game of baseball; and 

Whereas, in the 77th Little League Baseball World Series 

championship game, the Southeast Region baseball team 

faced the Asia-Pacific Region baseball team from KueiShan Little League of Taoyuan, Taiwan, and came away 

victorious by a score of 2–1 in extra innings after a walkoff bunt: Now, therefore, be it 

1 Resolved, That the Senate honors the Southeast Re2 gion Little League baseball team from Lake Mary, Flor3 ida, for winning the 2024 Little League Baseball World 

4 Series Championship. 

Æ 


jspears on DSK121TN23PROD with BILLS
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 FCStone Group, Inc. (the Company) on Form 10-Q for the fiscal 2nd Quarter 2005 ending February 28, 2005, as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Robert V. Johnson, Chief Executive 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, to the best of my knowledge and belief:



|(1) | the Report fully complies with the requirements of Section 13(a) or 15(b) 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/ Robert V. JohnsonRobert V. Johnson Chief Financial OfficerJuly 15, 2005




A signed original of this
written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
N OTE : This order is nonprecedential

. 

# United States Court of Appeals **for the Federal Circuit**

______________________

ZUMAR H. DUBOSE, Plaintiff

- Appellant

v.

UNITED STATES, Defendant

- Appellee

______________________

2024

- 1397

______________________

Appeal from the United States District Court for the Eastern District of Pennsylvania in No. 2:23

- cv

- 04374

- NIQA, Judge Nitza I. Quiones Alejandro.

______________________

ON MOTIO N

______________________

Before C HEN

, L INN , and H UGHES

, Circuit Judges

.
P ER C URIAM

.
O R D E R

In response to this court’s March 15, 2024 show cause order, the United States urges dismissal while Zumar H.

DuBose moves for transfer to the United States Court of Appeals for the Third Circuit

. Case: 24-1397 Document: 12 Page: 1 Filed: 05/03/2024DUBOSE v. US 2

Mr. DuBose brought suit against the United States in
the United States District Court for the Eastern District of Pennsylvania, seeking $100,000,000 “pursuant to the Federal Tort Claims Act 28 U .S.C. § 1346(b).” Compl. at 1 . The district court dismissed, and Mr. DuBose appealed to this

court

. We do not have jurisdiction over Mr. DuBose’s “appeal in a case brought in a district court under

. . . [28 U.S.C. §] 1346(b),” which instead belongs in the appropriate regional circuit court of appeals . 28 U.S.C. § 1295(a)(2). Under the circumstances, w e conclude that transfer to the
Third Circuit is appropriate under 28 U.S.C. § 1631

. See 28 U.S.C. §§ 41, 1291, 1294

. Accordingly,

I T I S O RDERED T HAT :

The motion to transfer is granted. The appeal and allits filings are transferred to the United States Court of Appeals for the Third Circuit pursuant to 28 U.S.C. § 1631.

May 3 , 2024
Date F OR THE C OURT Case: 24-1397 Document: 12 Page: 2 Filed: 05/03/2024
Denied and Opinion Filed June 4, 2021

In the

Court of Appeals

Fifth District of Texas at Dallas

No. 05-21-00383-CV

IN RE JOSE IGNACIO GARCIA, Relator

Original Proceeding from the Probate Court No. 1

Dallas County, Texas

Trial Court Cause No. PR-15-01517-1

MEMORANDUM OPINION

Before Justices Myers, Partida-Kipness, and Carlyle

Opinion by Justice Carlyle

In his April 28, 2021 petition for writ of mandamus, relator asks this Court to 

compel respondent, a democratically elected judge, to resign. Entitlement to 

mandamus relief requires relator to show that the trial court clearly abused its 

discretion and that he lacks an adequate appellate remedy. In re Prudential Ins. Co., 

148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). The petition does not meet 

the requirements of Texas Rules of Appellate Procedure 52.3 or 52.7, and, in any 

event, relator has failed to show an abuse of discretion. Accordingly, we deny the 

petition for writ of mandamus.
–2–

210383f.p05 /Cory L. Carlyle/

CORY L. CARLYLE

JUSTICE
STATE of Louisiana v. Ozaki TRICE

No. 2018-KH-0560

Supreme Court of Louisiana.

March 25, 2019

**ON SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON**

PER CURIAM:

Denied. The application was not timely filed in the district court, and applicant fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8 ; *State ex rel. Glover v. State* , 93-2330 (La. 9/5/95), 660 So.2d 1189.

Applicant has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Applicant's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, applicant has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.
# C_2019148EN.01000601.xml

| 29.4.2019 | EN | Official Journal of the European Union | C 148/6 |
| --- | --- | --- | --- |

29.4.2019

EN

Official Journal of the European Union

C 148/6

---

Judgment of the Court (First Chamber) of 7 March 2019 — European Commission v Alain Laurent Brouillard

(Case C-728/17 P) (1)

(Appeal - Civil service - Recruitment - Competitions - Conditions for admission - Diplomas and level of education required - Open competition EPSO/AD/306/15 - Pre-selection of candidates on the basis of their applications - Level of education corresponding to full legal education completed in a Belgian, French, or Luxembourg higher-education institution - ‘Master 2’ diploma (master’s degree) in law, economics and management, private law, lawyer-linguist specialism - Issued following ‘accreditation of skills gained through experience’ - Rejection of the application)

(2019/C 148/06)

Language of the case: French

Parties

Appellant: European Commission (represented by: P. Mihaylova and G. Gattinara, acting as Agents)

Other party to the proceedings: Alain Laurent Brouillard (represented by: H. Brouillard, lawyer)

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders the European Commission to pay the costs. |
| --- | --- |

2.

Orders the European Commission to pay the costs.

---

(1)  OJ C 112, 26.3.2018.

---
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-5016

_____________________________

WILLIE J. HUDSON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Alachua County.

Mark W. Moseley, Judge.

July 22, 2019

PER CURIAM.

AFFIRMED.

LEWIS, OSTERHAUS, and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Willie J. Hudson, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-50660

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

NICHOLAS HERNANDEZ MARTINEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. SA-98-CR-276-1

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

September 1, 2000

Before EMILIO M. GARZA, STEWART, and PARKER, Circuit Judges

PER CURIAM:*

Nicholas Hernandez Martinez appeals the district court’s

denial of his motion to suppress evidence. Martinez argues that

his warrantless arrest was not supported by probable cause. He

contends that, as a result, any and all evidence seized from and

derived from that arrest, interrogation, the subsequent search of

his person and vehicle, and his post-arrest confession should

have been suppressed as the fruit of an illegal arrest. Martinez

reserved the right to appeal the denial of his motion to suppress

by entering a conditional guilty plea pursuant to Fed. R. Crim.
No. 99-50660 

-2-

P. 11(a)(2). 

Based upon the testimony presented at the hearing on

Martinez’s motion to suppress, we conclude that the officers had

probable cause to arrest Martinez. See Illinois v. Gates, 462

U.S. 213, 237 (1983); United States v. Delario, 912 F.2d 766, 768

(5th Cir. 1990). Accordingly, the judgment of the district court

is affirmed.

AFFIRMED.
#### John S. Taylor, *Plaintiff in Error,*v. Potomac Savings Bank, a Corporation, *Defendant in Error.*

En Banc.

Decision Filed August 1, 1927.

*Kelly & Casler,*for Plaintiff in Error;

*Zetrouer & Ware,*for Defendant in Error.

Per Curiam.

This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment 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 judgment; it is, therefore, considered, ordered and adjudged by the Court that the *456said judgment of the Circuit Court be, and the same is hereby affirmed.

Ellis, C. J., and Whitfield, Terrell, Strum, Brown and Buford, J. J., concur.
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

ABILENE DIVISION

JOHN E. CARRILLO, )

)

Plaintiff, )

)

v. )

)

JO ANNE B. BARNHART, )

Commissioner of Social Security, )

) Civil Action No. 1:04-CV-219-C

Defendant. ) ECF

ORDER OF DISMISSAL

THIS MATTER comes before the court on the Report and Recommendation filed July 14,

2006 (Doc. 26). Neither party has filed objections within the period specified in 28 U.S.C.

§ 636(b)(1). 

WHEREFORE, 

IT IS HEREBY ORDERED that the Report and Recommendation is adopted by the court.

IT IS FURTHER ORDERED that Plaintiff’s complaint is DISMISSED WITHOUT

PREJUDICE for failure to prosecute or comply with the orders to show cause.

IT IS FURTHER ORDERED that a Judgment in accordance with the terms of this order

shall be entered forthwith.

DATED this 5th day of August, 2006.

_________________________________

SAM R. CUMMINGS

UNITED STATES DISTRICT COURT

 

 Case 1:04-cv-00219-C Document 27 Filed 08/07/06 Page 1 of 1 PageID 61
EX PARTE Willie Edward FOSTER

1160196 (CR-15-0832)

Supreme Court of Alabama.

July 7, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Cert. denied.
Matthew Eric REID, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-2535

District Court of Appeal of Florida, Second District.

Opinion filed January 4, 2019.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 Annual Report on Form 10-K/A of CallWave, Inc. (the Company) for the year
ended June 30,2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jeffrey Cavins, President and Chief Executive 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, to my knowledge 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: October 22, 2008 |  |  |  | /S/    JEFFREY
CAVINS                                
|                       |  |  |  | Jeffrey Cavins, President and Chief Executive Officer