alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# L_2008060EN.01002201.xml

| 5.3.2008 | EN | Official Journal of the European Union | L 60/22 |
| --- | --- | --- | --- |

5.3.2008

EN

Official Journal of the European Union

L 60/22

---

COUNCIL DECISION

of 18 February 2008

on the conclusion of the Agreement between the European Community and the Republic of Maldives on certain aspects of air services

(2008/188/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

| (1) | By a decision of 5 June 2003 the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements by a Community agreement. |
| --- | --- |

(1)

By a decision of 5 June 2003 the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements by a Community agreement.

| (2) | On behalf of the Community, the Commission has negotiated an Agreement with the Republic of Maldives on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Decision of 5 June 2003. |
| --- | --- |

(2)

On behalf of the Community, the Commission has negotiated an Agreement with the Republic of Maldives on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Decision of 5 June 2003.

| (3) | The Agreement was signed on behalf of the Community subject to its possible conclusion at a later date, in accordance with Council Decision 2006/695/EC (2). |
| --- | --- |

(3)

The Agreement was signed on behalf of the Community subject to its possible conclusion at a later date, in accordance with Council Decision 2006/695/EC (2).

| (4) | The Agreement should be approved, |
| --- | --- |

(4)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Republic of Maldives on certain aspects of air services is hereby approved on behalf of the Community.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided for in Article 9(1) of the Agreement.

Done at Brussels, 18 February 2008.

For the Council

The President

D. RUPEL

---

(1)  Opinion of 12.10.2006 (not yet published in the Official Journal).

1

(2)  
  OJ L 286, 17.10.2006, p. 19.

2

---
**Exhibit 32.2**

 

**CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICEROR**

**PRINCIPAL FINANCIAL OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350**

 

 

In connection with the Quarterly Report, on Form 10-Q, of Sun Bancorp, Inc. (the “Company”), for the period ending June 30, 2004, as filed with the Securities and Exchange Commission (the “Report”), I, James P. Radick, Senior Vice President of Finance 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

 

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 as of and for the periods covered by the Report.

 

 
|        |           | /s/ James P. Radick              |   |
|-------------|----------------|----------------------------------|--------|
|        |           | Senior Vice President of Finance |
|        |           |                             |
|  Date: | August 6, 2004 |                             |   |
|             |                |                                  |        |  |

 

----
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

POLYPLY COMPOSITES, LLC, )

a Michigan limited liability company, )

)

Plaintiff, )

)

v. ) CASE NO. 1:16-cv-00153-JTM-SLC

)

PLANT ENGINEERING SERVICES, )

INC., an Indiana corporation, et al., )

 )

 Defendants. )

OPINION AND ORDER

On May 13, 2016, Plaintiff Polyply Composites, LLC, filed a complaint against

Defendants Plant Engineering Services, Inc., and Wendt LLP, alleging that this Court has

diversity jurisdiction pursuant to 28 U.S.C. § 1332. (DE 1). The complaint recites that Plaintiff

is a Michigan limited liability company with its principal business in Michigan; that “[u]pon

information and belief,” Plant Engineering Services, Inc., is an Indiana corporation with its

principal place of business in Indiana; and that “[u]pon information and belief,” Wendt LLP is an

Indiana limited liability partnership with its principal place of business in Indiana. (DE 1 ¶¶ 1-

3). 

Plaintiff’s allegations with respect to the parties’ citizenship are inadequate for purposes

of establishing diversity jurisdiction. First, “[a]llegations of federal subject matter jurisdiction

may not be made on the basis of information and belief, only personal knowledge.” Yount v.

Shashek, No. Civ. 06-753-GPM, 2006 WL 4017975, at *10 n.1 (S.D. Ill. Dec. 7, 2006) (citing

Am.’s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992)); Ferolie

Corp. v. Advantage Sales & Mktg., LLC, No. 04 C 5425, 2004 WL 2433114, at *1 (N.D. Ill. Oct.
28, 2004).

Furthermore, as to Plaintiff Polyply Composites, LLC, and Defendant Wendt LLP, “in

the case of a firm that is not a corporation, its citizenship is the citizenship of its owners,

partners, or other principals.” Meyerson v. Harrah’s East Chi. Casino, 299 F.3d 616, 617 (7th

Cir. 2002). Therefore, “citizenship of unincorporated associations must be traced through

however many layers of partners or members there may be.” Id. (citations omitted). 

Accordingly, the Court must be informed of the identity and citizenship of all of the members of

Polyply Composites, LLC, and the identity and citizenship of all the partners of Wendt LLP,

tracing such citizenship through all applicable layers of ownership to ensure that none of the

members or partners share a common citizenship with Plaintiff. Hicklin Eng’g, L.C. v. Bartell,

439 F.3d 346, 347 (7th Cir. 2006). 

As the party seeking to invoke federal diversity jurisdiction, Plaintiff bears the burden of

demonstrating that the requirement of complete diversity has been met. Chase v. Shop‘N Save

Warehouse Foods, Inc., 110 F.3d 424, 427 (7th Cir. 1997). Therefore, Plaintiff is ORDERED to

supplement the record by filing an amended complaint that properly alleges the citizenship of

each of the parties on or before May 31, 2016.

SO ORDERED.

Entered this 17th day of May 2016.

/s/ Susan Collins 

Susan Collins,

United States Magistrate Judge 

2
##### 



Sarbanes-Oxley Act of 2002, Section 906
Certification of Chief Executive and Chief Financial Officers
  1.
    
    This Report fully complies with the requirements of Sections 13(a) or 15(d) of the Securities
Exchange Act of 1934, and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 May 7, 2007
    By:
    /s/ Norman L. LoweryNorman L. Lowery, Vice Chairman & CEOMay 7, 2007
    By:
    /s/ Michael A. CartyMichael A. Carty, Treasurer & CFO
EXHIBIT 12
 INTERNATIONAL LEASE FINANCE CORPORATION AND SUBSIDIARIES
COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES AND PREFERRED STOCK
DIVIDENDS FOR THE THREE MONTHS ENDED MARCH 31, 2010 and 2009
(Dollars in thousands)
 March 31,
    
    
    March 31,2010
    
    
    2009(Unaudited)Earnings:Net Income
    
    $
    (62,926
    )
    
    $
    202,957Add:Provision for income taxes
    
    
    (35,686
    )
    
    
    111,945Fixed charges
    
    
    337,135
    
    
    
    360,789Less:Capitalized interest
    
    
    (1,474
    )
    
    
    (4,609
    )Earnings as adjusted (A)
    
    $
    237,049
    
    
    $
    671,082Fixed charges and preferred stock dividends:Preferred dividend requirements
    
    $
    87
    
    
    $
    1,300Ratio of income before provision for income taxes to net income
    
    
    157
    %
    
    
    155
    %Preferred dividend factor on pretax basis
    
    
    137
    
    
    
    2,015Fixed Charges:Interest expense
    
    
    334,866
    
    
    
    355,394Capitalized interest
    
    
    1,474
    
    
    
    4,609Interest factors of rents
    
    
    795
    
    
    
    786Fixed charges as adjusted (B)
    
    
    337,135
    
    
    
    360,789Fixed charges and preferred stock dividends (C)
    
    $
    337,272
    
    
    $
    362,804Ratio of earnings to fixed charges ((A) divided by (B))
    
    
    
    (a)
    
    
    1.86
    xRatio of earnings to fixed charges and preferred stock dividends
((A) divided by (C))
    
    
    
    
    
    
    1.85
    x
 
 (a)
    
    In the three months ended March 31, 2010, earnings were insufficient to cover fixed charges by
$100.1 million due to non-cash impairment and lease related charges aggregating $435.3
million. -57-
[No. 20014-7-II.

Division Two.

August 22, 1997.]

#### Arden Pierce, et al., *Respondents,*v. Peter Vanderwal, et al., *Appellants.*

Appeal from a judgment of the Superior Court for Mason County, No. 95-2-00296-3, James B. Sawyer II, J., entered September 27, 1995. *Affirmed*by unpublished opinion per Seinfeld, J., concurred in by Bridgewater, A.C.J., and Morgan, J.
#### UNITED STATES of America, Plaintiff—Appellee, v. Jemal Walter WILLIAMS, Defendant—Appellant.

No. 06-6035.

United States Court of Appeals, Fourth Circuit.

Submitted: April 27, 2006.

Decided: May 5, 2006.

Jemal Walter Williams, Appellant Pro Se. David Calhoun Stephens, Assistant United States Attorney, Greenville, South Carolina, for Appellee.

Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Jemal Walter Williams appeals the district court’s order denying his motion to modify his term of imprisonment. We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. *See United States v. Williams,*No. CR-94-210-7 (D.S.C. Dec. 22, 2005). We dispense with oral 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*
Eric WIGGINS, petitioner, v. Michael B. DONLEY, Secretary of the Air Force.

No. 13-6738.

Supreme Court of the United States

Nov. 18, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
# L_2008093EN.01002401.xml

| 4.4.2008 | EN | Official Journal of the European Union | L 93/24 |
| --- | --- | --- | --- |

4.4.2008

EN

Official Journal of the European Union

L 93/24

---

COMMISSION DECISION

of 17 March 2008

amending Decision 2007/176/EC as regards the List of standards and/or specifications for electronic communications networks, services and associated facilities and services

(notified under document number C(2008) 1001)

(Text with EEA relevance)

(2008/286/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (1) and in particular Article 17(1) thereof,

Having consulted the Communications Committee,

Whereas:

| (1) | The Commission adopted Decision 2007/176/EC (2) establishing a List of standards and/or specifications for electronic communications networks services and associated facilities. Chapter VIII of this list covers standards for broadcasting services. |
| --- | --- |

(1)

The Commission adopted Decision 2007/176/EC (2) establishing a List of standards and/or specifications for electronic communications networks services and associated facilities. Chapter VIII of this list covers standards for broadcasting services.

| (2) | The harmonised provision of terrestrial broadcast television on mobile platforms is essential to achieve economies of scale across the EU. In its Communication on Strengthening the Internal Market for Mobile TV (3), the Commission identified the standard Digital Video Broadcasting Handheld (DVB-H) as the most suitable standard for the future development of terrestrial mobile TV in Europe and signalled its intention to add this standard to the list of standards, |
| --- | --- |

(2)

The harmonised provision of terrestrial broadcast television on mobile platforms is essential to achieve economies of scale across the EU. In its Communication on Strengthening the Internal Market for Mobile TV (3), the Commission identified the standard Digital Video Broadcasting Handheld (DVB-H) as the most suitable standard for the future development of terrestrial mobile TV in Europe and signalled its intention to add this standard to the list of standards,

HAS ADOPTED THIS DECISION:

Article 1

In the Annex to Decision 2007/176/EC, the following is added to section 8.3 (Digital Broadcasting) in chapter VIII of the List of Standards:

| ‘Digital Video Broadcasting (Handheld)
  DVB-H | ETSI EN 302 304 | Version 1.1.1’ |
| --- | --- | --- |

‘Digital Video Broadcasting (Handheld)

DVB-H

ETSI EN 302 304

Version 1.1.1’

Article 2

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 17 March 2008.

For the Commission

Viviane REDING

Member of the Commission

---

(1)  
  OJ L 108, 24.4.2002, p. 33. Directive as amended by Regulation (EC) No 717/2007 (OJ L 171, 29.6.2007, p. 32).

1

(2)  
  OJ L 86, 27.3.2007, p. 11.

2

(3)  COM(2007) 409 final, 18.7.2007.

3

---
BRIAN HUTCHINS

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 13

- 3257

_________ ____________________/

Opinion filed February 19, 2015.

An appeal from the Circuit Court for Leon County

. Dawn Caloca

- Johnson , Judge.

Nancy A. Daniels, Public Defender, Michael MacNamara, Steven L. Seliger, and

Kathleen Stover, Assistant Public Defenders , Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Kristen Lynn Bonjour , Assistant Attorney

General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

PADOVANO, CLARK, and MARSTILLER, JJ., CONCUR.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

 v.

ANTON LAMONT JAMES, JR., 

Defendant.

)

)

)

)

)

)

)

)

)

 NO. 2:15CR72- PPS/APR

ORDER

No objections have been timely filed to the report and recommendation of United States

Magistrate Judge Andrew P. Rodovich concerning defendant Anton Lamont James Jr.’s plea of

guilty. Without objection, then, I adopt Judge Rodovich’s findings that defendant understands

the matters enumerated in Fed.R.Crim.P. 11(b)(1), that defendant is competent to enter a plea of

guilty, that defendant voluntarily wishes to plead guilty to the charge against him, and that there

exists a factual basis for the plea.

ACCORDINGLY:

Judge Rodovich’s Findings and Recommendation [DE1009] are ACCEPTED AND

ADOPTED.

Defendant Anton Lamont James Jr.’s plea of guilty to Count 1 of the Third Superseding

Indictment, a charge of Conspiracy to Participate in Racketeering Activity, in violation of 18

U.S.C. §1962(d), is ACCEPTED, and he is adjudged guilty of that offense.

The sentencing of Anton Lamont James Jr. is set for January 25, 2018 at 10:00 a.m.

Hammond/Central time.
SO ORDERED.

ENTERED: September 26, 2017.

 /s/ Philip P. Simon 

PHILIP P. SIMON, JUDGE

UNITED STATES DISTRICT COURT

2
#### MILLER, Respondent, v. ERIE R. CO., Appellant.

(Supreme Court, Appellate Division, Second Department.

January 17, 1899.)

Action by George A. Miller against the Erie Railroad Company.

No opinion. Motion for re-argument denied. See 54 N. Y. Supp. 606.
##### 



EXHIBIT 32.1
 WRITTEN STATEMENT
PURSUANT TO
18 U.S.C. SECTION 1350
  (i)
    
    the Companys Quarterly Report on Form 10-Q for
the quarter ended September 30, 2005 (the Report) fully complies with
the requirements of section 13(a) and 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.
 Dated: November 8, 2005
    /s/ Steven F. Udvar-HazySTEVEN F. UDVAR-HAZYDated: November 8, 2005
    /s/ Alan H. LundALAN H. LUND -32-
**Exhibit 32.1**

 

**Certification of Chief Executive Officer Pursuant to**

**Rule 13a-14(b)/15d-14(b) of the Securities ExchangeAct of 1934**

**and 18 U.S.C. Section 1350**

 

I, James Zierick, ChiefExecutive Officer of Aspyra, Inc. (the “Company”), certify pursuant to Rule 13a-14(b) orRule 15d-14(b) of the Securities Exchange Act of 1934 and 18 U.S.C. Section 1350that:

 

(1)       The Quarterly Report on Form 10-Qfor the quarterly period ended June 30, 2008 (the “Quarterly Report”)complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m(a) or 780(d)); and

 

(2)       The information contained in the Quarterly Report fairly presents, inall material respects, the financial condition and results of operations of theCompany.

 
| Date: August 11, 2008 | By:    | /s/ James Zierick       |
|----------------------------|--------|-------------------------|
|                       |   | James Zierick           |
|                       |   | Chief Executive Officer |

 

This certificationaccompanies the Quarterly Report pursuant to Rule 13a-14(b) or Rule 15d-14(b) underthe Securities Exchange Act of 1934 and 18 U.S.C. Section 1350 and shallnot be deemed filed by the Company for purposes of Section 18 of theSecurities Exchange Act of 1934.

 

----
Third District Court of Appeal

State of Florida 

Opinion filed September 20, 2023.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1613

Lower Tribunal No. F20-11164

________________

Robert L. Caleb,

Petitioner,

vs.

James Reyes, etc., et al.,

Respondents.

A Case of Original Jurisdiction – Habeas Corpus.

Robert L. Caleb, in proper person.

Ashley Moody, Attorney General, for respondent The State of Florida.

Before EMAS, MILLER and BOKOR, JJ. 

PER CURIAM.

Denied.
Edward OBERWISE, petitioner, v. Michael D. CREWS, Secretary, Florida Department of Corrections, et al.

No. 12-9108.

Supreme Court of the United States

July 22, 2013.

Petition for rehearing denied.
#### WINCHESTER LAND CO. v. PARK AVE. LAND CO. et al.

(Supreme Court, Appellate Division, Fourth Department.

February 3, 1899.)

Action by the Winchester Land Company against the Park Avenue. Land Company and others.

No opinion. Appeal dismissed, with costs.
# L_2008116EN.01005301.xml

| 30.4.2008 | EN | Official Journal of the European Union | L 116/53 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/53

---

COUNCIL COMMON POSITION 2008/346/CFSP

of 29 April 2008

amending Common Position 2007/871/CFSP updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 15 and 34 thereof,

Whereas:

| (1) | On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1). |
| --- | --- |

(1)

On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1).

| (2) | On 20 December 2007, the Council adopted Common Position 2007/871/CFSP updating Common Position 2001/931/CFSP (2). |
| --- | --- |

(2)

On 20 December 2007, the Council adopted Common Position 2007/871/CFSP updating Common Position 2001/931/CFSP (2).

| (3) | The Council has determined that there are no longer grounds for keeping certain persons on the list of persons, groups and entities to which Common Position 2001/931/CFSP applies, |
| --- | --- |

(3)

The Council has determined that there are no longer grounds for keeping certain persons on the list of persons, groups and entities to which Common Position 2001/931/CFSP applies,

HAS ADOPTED THIS COMMON POSITION:

Article 1

The persons listed in the Annex to this Common Position shall be removed from the list annexed to Common Position 2007/871/CFSP.

Article 2

This Common Position shall take effect on the date of its adoption.

Article 3

This Common Position shall be published in the Official Journal of the European Union.

Done at Luxembourg, 29 April 2008.

For the Council

The President

D. RUPEL

---

(1)  
  OJ L 344, 28.12.2001, p. 93.

1

(2)  
  OJ L 340, 22.12.2007, p. 109.

2

---

ANNEX

List of persons referred to in Article 1 of this Common Position

| 1. | AKHNIKH, Ismail (a.k.a. SUHAIB, a.k.a. SOHAIB) |
| --- | --- |

1.

AKHNIKH, Ismail (a.k.a. SUHAIB, a.k.a. SOHAIB)

| 2. | AOURAGHE, Zine Labidine (a.k.a. Halifi Laarbi MOHAMED, a.k.a. Abed, a.k.a. Abid, a.k.a. Abu ISMAIL) |
| --- | --- |

2.

AOURAGHE, Zine Labidine (a.k.a. Halifi Laarbi MOHAMED, a.k.a. Abed, a.k.a. Abid, a.k.a. Abu ISMAIL)

| 3. | BOUGHABA, Mohamed Fahmi (a.k.a. Mohammed Fahmi BOURABA, a.k.a. Mohammed Fahmi BURADA, a.k.a. Abu MOSAB) |
| --- | --- |

3.

BOUGHABA, Mohamed Fahmi (a.k.a. Mohammed Fahmi BOURABA, a.k.a. Mohammed Fahmi BURADA, a.k.a. Abu MOSAB)

| 4. | EL MORABIT, Mohamed |
| --- | --- |

4.

EL MORABIT, Mohamed

| 5. | ETTOUMI, Youssef (a.k.a. Youssef TOUMI) |
| --- | --- |

5.

ETTOUMI, Youssef (a.k.a. Youssef TOUMI)

| 6. | HAMDI, Ahmed (a.k.a. Abu IBRAHIM) |
| --- | --- |

6.

HAMDI, Ahmed (a.k.a. Abu IBRAHIM)

| 7. | IZTUETA BARANDICA, Enrique |
| --- | --- |

7.

IZTUETA BARANDICA, Enrique

---