alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

MARK MURRY
, Appellant,

v.

STATE OF FLORIDA
, Appellee

.

No. 4D 21

- 1493

[ October 21, 2021 ]

Appeal of order denying 3.8 0 0 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Kirk C. Volker , Judge;

L.T. Case No. 50

- 1998

- CF

- 000747AXXXMB

.

Li sa Viscome of Law Offices of Salnick & Fuchs, P.A., West Palm Beach, for appellant.

Ashley Moody, Attorney Gener al, Tallahassee, and Lindsay Warner, Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

G ROSS

, G ERBER and L EVINE
, JJ. concur.

* * *

Not final until disposition of timely filed motion for rehearing.
##### 



Exhibit 99.1

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 The Hillman Companies, Inc.
(the Company) on Form 10-Q for the period ending September 30, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the Report),
I, Max W. Hillman, Chief Executive Officer of The Hillman Companies, Inc.,
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.

|                                                                          
|--------------------------------------------------------------------------
|/s/ Max W. HillmanMax W. Hillman
Chief Executive Officer
November 14, 2002
FI LED U.S. COURT OF APPEALS ELEV ENT H CI RCUI T NOVE MBER 1 4, 20 11 J OHN LEY CLERK [DO NOT PUBLISH] IN THE UN ITED STATES COURT OF APPEALS FOR THE ELE VENTH CIRCUIT

__ __ __ __ __ __ __ __ __ __ __ __ No. 1 1- 12 16 9 Non -Arg um en t Ca le nd ar

__ __ __ __ __ __ __ __ __ __ __ __ D.C. Dock etNo. 4 :1 0- cv -0 22 03 -RBP EVIE ELIZABETH HOWARD, as Pers on al Rep res en tati ve of the Est at e o f Pau l An th ony Smith, ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll Pl ai nt iff - App el le e,
vers us SOUTHERN HEAL TH PARTNERS, INC., et al ., ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll Defen dant s, TERRY SURLES, TERRY MARC RUM, MYRTIS MOSS, JORETHA MITCHELL, CHARLES GASTON, JAC KIE FOREMAN, a.k .a. Fo rem an , ALFONZO STINSON, a.k .a. Sti ns on , ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll ll Defen dant s - Ap pe ll an ts .

__ __ __ __ __ __ __ __ __ __ __ __ App eal fro m

th e Uni te d S tate s Di stric t Co urt forth e North ernDis tri ctof Al ab am a

__ __ __ __ __ __ __ __ __ __ __ __ (No ve m be r 14 , 20 11 )Befo re BARKETT, MARCUS an d M ARTIN, Cir cu itJu dg es .

PER CURI AM: W e aff irm fo r th e rea so ns expr es se d i n the di stric t co urt’s m em or an du m op in io n o f Apr il 12 , 20 11
. AFFIRMED
.
EXHIBIT32.1

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION 1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Annual Report of Dogs International (the"Company") on Form 10-KSB for the period ended December 31, 2003, asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), I, Rosemary Williams, President and Chief Financial Officerof the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

-  The    Report fully complies with the requirements of Section 13(a) or 15(d) of the    Securities Exchange Act of 1934; andThe    information contained in the Report fairly presents, in all material    respects, the financial condition and results of operations of the Company.
 

/s/RosemaryWilliams                           
RosemaryWilliams

Presidentand Chief Financial Officer

April22, 2004
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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 491 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 491

To amend title 38, United States Code, to recognize the service in the 
 reserve components of the Armed Forces of certain persons by honoring 
    them with status as veterans under law, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2011

   Mr. Pryor introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
To amend title 38, United States Code, to recognize the service in the 
 reserve components of the Armed Forces of certain persons by honoring 
    them with status as veterans under law, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Honor America's Guard-Reserve 
Retirees Act of 2011''.

SEC. 2. PROVISION OF STATUS UNDER LAW BY HONORING CERTAIN MEMBERS OF 
              THE RESERVE COMPONENTS OF THE ARMED FORCES AS VETERANS.

    (a) In General.--Chapter 1 of title 38, United States Code, is 
amended by inserting after section 107 the following new section:
``Sec. 107A. Honoring as veterans certain persons who performed service 
              in the reserve components
    ``Any person who is entitled under chapter 1223 of title 10 to 
retired pay for nonregular service or, but for age, would be entitled 
under such chapter to retired pay for nonregular service shall be 
honored as a veteran but shall not be entitled to any benefit by reason 
of this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
107 the following new item:

``107A. Honoring as veterans certain persons who performed service in 
                            the reserve components.''.
                                 <all>
```
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

ALEXIN, LLC, )

)

Plaintiff, )

)

v. ) CAUSE NO. 1:13-CV-230

)

OLYMPIC METALS, LLC, )

)

Defendant. )

OPINION AND ORDER

This case was removed here from Wells County Circuit Court on August 7, 2013, based

on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). (Docket # 2.) The Notice of Removal

contends that Plaintiff Alexin, LLC, “is a citizen of the State of Indiana as a limited liability

company” and that Defendant Olympic Metals, LLC, “is a limited liability company with its

principal place of business in Miami, Florida.”1

 (Notice of Removal ¶¶ 4-5.) 

The Notice of Removal, however, is inadequate. A limited liability company’s

citizenship “for purposes of . . . diversity jurisdiction is the citizenship of its members.” 

Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). Therefore, rather than alleging where

Alexin and Olympic Metals are organized and maintain their principal places of business, the

Court must be advised of the citizenship of all of Alexin’s members and all of Olympic Metals’

members to ensure that none of Alexin’s members share a common citizenship with Olympic

Metals’ members. Hicklin Eng’g, L.C. v. Bartell, 439 F.3d 346, 347 (7th Cir. 2006). Moreover,

citizenship must be “traced through multiple levels” for those members of Alexin and Olympic

1 Similarly, the Complaint alleges that “Alexin is an Indiana limited liability company with its principal

place of business located in Bluffton, Indiana,” and that “[u]pon information and belief, Olympic Metals is a Florida

limited liability company with its principal place of business located in Miami, Florida.” (Compl. ¶¶ 1-2.) 
Metals who are a partnership or a limited liability company, as anything less can result in a

dismissal or remand for want of jurisdiction. Mut. Assignment & Indem. Co. v. Lind-Waldock &

Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004).

Therefore, Defendant is ORDERED to supplement the record by filing an Amended

Notice of Removal on or before August 22, 2013, properly alleging on personal knowledge the

citizenship of Plaintiff Alexin, LLC, and Defendant Olympic Metals, LLC, tracing the

citizenship of all unincorporated associations through all applicable layers of ownership.2

SO ORDERED.

Enter for this 8th day of August, 2013.

/S/ Roger B. Cosbey 

Roger B. Cosbey,

United States Magistrate Judge

2 “Allegations 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)). 

2
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

# TIME AND DATE:

 2 p.m. on Thursday, July 8, 2021.

# PLACE:

The meeting will be held via remote means and/or at the Commission's headquarters, 100 F Street NE, Washington, DC 20549.

# STATUS:

 This meeting will be closed to the public.

# MATTERS TO BE CONSIDERED:

Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters also may be present.

                        In the event that the time, date, or location of this meeting changes, an announcement of the change, along with the new time, date, and/or place of the meeting will be posted on the Commission's website at                         *https://www.sec.gov.*

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), permit consideration of the scheduled matters at the closed meeting.

The subject matter of the closed meeting will consist of the following topics:

Institution and settlement of injunctive actions;

Institution and settlement of administrative proceedings;

Resolution of litigation claims; and

Other matters relating to examinations and enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting agenda items that may consist of adjudicatory, examination, litigation, or regulatory matters.

# CONTACT PERSON FOR MORE INFORMATION:

 For further information; please contact Vanessa A. Countryman from the Office of the Secretary at (202) 551-5400.

Dated: July 1, 2021.

Vanessa A. Countryman, 

Secretary.

[FR Doc. 2021-14427 Filed 7-1-21; 11:15 am]

BILLING CODE 8011-01-P
**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 Amended Annual Report of AFV Solutions, Inc. (the “Company”) on Form 10-KSB/A for the period ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Suzanne Herring, Chief Financial 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:

 

|   | (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/ Suzanne Herring                             			

Suzanne Herring |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | Chief Financial Officer |
|--------|-------------------------|

|   | July 16, 2007 |
|--------|---------------|
Exhibit 32



                            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 Annual Report of Cobalis Corp. a Nevada corporation (the
"Company") on Form 10-KSB for the year ending March 31, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Chaslav
Radovich, Chief Executive Officer and Chief Financial Officer of the Company,
certifies to the best of his knowledge, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 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 result of
                  operations of the Company.

A signed original of this written statement required by Section 906 has been
provided to Cobalis Corp., and will be retained by Cobalis Corp. and furnished
to the Securities and Exchange Commission or its staff upon request.



/s/ Chaslav Radovich
--------------------------
Chaslav Radovich
Chief Executive Officer and Chief Financial Officer
July 15, 2005
***Juniata Valley Financial Corp.*****EXHIBIT 32.1****SECTION 1350 CERTIFICATION of PRESIDENT AND CHIEF EXECUTIVE OFFICER**The undersigned herby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and inconnection with this amended Quarterly Report on form 10-Q/A, that:**•** the report fully complies with the requirements of Sections 13(a)or 15(d), as applicable, of the Securities Exchange Act of 1934,as amended, and **•** the information contained in the report fairly presents, in allmaterial respects, the Company’s financial condition and resultsof operation.The foregoing certification is being furnished solely pursuant to 18U.S.C. Section 1350 and is notbeing filed as part of the report or as a separate disclosure document.   /s/ Francis J. Evanitsky  Francis J. Evanitsky, President and Chief Executive Officer   Dated: September 15, 2005  
54
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA 

FORT WAYNE DIVISION 

 

UNITED STATES OF AMERICA ) 

 ) 

 v. ) CASE NO.: 1:16-CR-48-TLS 

 ) 

LARMONDO R. WATTS ) 

 

ORDER ACCEPTING FINDINGS AND RECOMMENDATION 

 This matter is before the Court on the Findings and Recommendation of the United States 

Magistrate Judge [ECF No. 34], filed on April 25, 2017. The Defendant has waived objection to 

the Findings and Recommendation, and the Court, being duly advised, adopts the Findings and 

Recommendation [ECF No. 34] in its entirety and accepts the recommended disposition. Subject 

to this Court’s consideration of the Plea Agreement pursuant to Federal Rule of Criminal 

Procedure 11(c), if applicable and necessary, the plea of guilty to the offense charged in Count 

One (1) of the single Count Indictment is hereby accepted, and the Defendant is adjudged guilty 

of such offense. 

 The notice of sentencing and pre-sentence scheduling deadlines will be issued by separate 

order.

SO ORDERED on May 11, 2017. 

s/ Theresa L. Springmann 

CHIEF JUDGE THERESA L. SPRINGMANN 

UNITED STATES DISTRICT COURT
EX-4.19



 Exhibit 4.19 

STATE OF DELAWARE 

AMENDMENT TO THE CERTIFICATE OF 

LIMITED PARTNERSHIP 
 The
undersigned, desiring to amend the Certificate of Limited Partnership pursuant to the provisions of Section 17-202 of the Revised Uniform Limited Partnership Act of the State of Delaware, does hereby certify as follows: 

 

			
	FIRST: The name of the Limited Partnership is		 Rosetta Resources Gathering LP

	
	
     




SECOND: Article   1   of the Certificate of Limited Partnership shall be amended as follows: 

 

Rosetta Resources Michigan Limited Partnership 

 

 IN WITNESS WHEREOF, the undersigned executed this Amendment to the
Certificate of Limited Partnership on this 16th day of November                     , A.D.
2012             
  

			
	By Rosetta Resources Operating GP, LLC, general partner of Rosetta Resources Operating LP, general partner of Rosetta Resources Gathering LP
		
	By:		 /s/ Karen Paganis

			 General Partner(s)

		
	Name:    		 Karen Paganis, Asst. General Counsel

and Corp. Secretary

			 Print or Type
UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

FORT WAYNE DIVISION 

 

DOROTHEA FAY ROGERS, ) 

) 

Plaintiff, ) 

) CAUSE NO: 1:16-CV-0284 

v. ) 

) 

Local #682 AMALGUMATED TRANSIT ) 

UNION, et al. ) 

) 

Defendant. ) 

 

OPINION AND ORDER 

 Plaintiff, Dorothea Fay Rogers, pro se, originally filed this lawsuit asserting violations of 

42 U.S.C. §1983 against her union and individuals associated with her union. [DE 1]. Defendants 

filed a Motion to Dismiss [DE 23] asserting that the Complaint failed to state a claim under §1983 

because none of the defendants named were state actors, as is required to sustain a claim under 

that statute. While that motion was briefing out, Plaintiff filed an Amended Complaint [DE 26], 

which we are required to construe liberally given the Plaintiff’s pro se status, asserting what appear 

to be claims for breach of the duty of fair representation and breach of the collective bargaining 

agreement under §301 of the Labor Management Relations Act, 29 U.S.C. §185. 

The filing of the Plaintiff's Amended Complaint moots the pending motion dismiss the 

original complaint. See Kelley v. Crosfield Catalysts, 135 F.3d 1202, 1204–05 (7th Cir.1998) (an 

amended complaint supersedes a prior complaint); Aqua Finance, Inc. v. Harvest King, Inc., No. 

07-C-15, 2007 WL 5404939, *1 (W.D. Wis. Mar. 12, 2007) (“Under normal circumstances, the 

filing of an amended complaint renders moot any pending motion to dismiss.”). Thus, the 
Defendant’s motion to dismiss [DE 23] the original Complaint is DENIED as moot.1

 To the extent 

the Defendant’s believe that the Amended Complaint fails to state a claim, they may pursue that 

avenue by way of a new Motion to Dismiss addressing with specificity the reasons they believe 

the Amended Complaint is insufficient pursuant to Fed.R.Civ.P. 12(b)(6). 

CONCLUSION 

 Based on the foregoing, the Defendant’s Motion to Dismiss the original Complaint, [DE 

23] is DENIED as MOOT. 

SO ORDERED. This 5th day of July, 2017. 

s/ William C. Lee 

United States District Court 

 

1

 The Court recognizes that the Motion to Dismiss tangentially mentions the possibility that Plaintiff’s Complaint is 

more appropriately based on the breach of the Union’s duty of fair representation. However, the filing of the Amended 

Complaint, wherein the Plaintiff clarifies the nature of her Complaint, requires the Court to DENY the Motion to 

Dismiss the Original Complaint as it has been superseded by this filing. Further, the Amended Complaint may contain 

factual allegations not present in the Original Complaint that will need to be addressed by the Defendants in any 

subsequent Motion to Dismiss. Thus, Defendants must file a new Motion to Dismiss, if they desire, specifically 

addressing the allegations in the Amended Complaint and cannot rely solely on their prior filing.