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

3Jn tbe Wniteb ~tates <!Court of jf eberal q[laims 

No. 16-703C 

(Filed July 18, 2016) 

NOT FOR PUBLICATION 

************************ 

* 

* 

OLIVER-VAUGHN DOUCE * 

AL-DEY, * 

* 

Plaintiff, * 

v. * 

* 

THE UNITED STATES, * 

* 

Defendant. * 

* 

************************ 

ORDER 

On June 20, 2016, the Court issued an order sua sponte dismissing this case 

because the United States Court of Federal Claims does not have jurisdiction over 

its subject matter. Eight days after judgment was entered, the Clerk's office 

received from Oliver-Vaughn Douce Al-Dey what purports to be a motion for leave 

to amend the complaint under Rule 15 of the Rules of the United States Court of 

Federal Claims (RCFC). Accompanying this motion is a copy of the proposed 

amended complaint. 

The basis for the motion appears to be Mr. Douce Al-Dey's desire to provide a 

more definite statement of his claim under RCFC 12(e). As his case has been 

dismissed, a motion to amend the complaint would not be proper. Taking into 

consideration that plaintiff is representing himself, and noting that the motion does 

include the word "reconsider," the Court will treat the document as a motion for 

reconsideration under RCFC 59, and the Clerk shall file it accordingly. 

A review of the proposed amended complaint reveals that plaintiff has added 

no allegations that would place his case within our court's subject matter 

jurisdiction. His dispute is with New York City officials and their contractors who 

apparently towed his car. Calling the responsible parties "municipal entity agents 

for U.S.A.," Prop. Am. Compl. ii 8, does not make them so, and the allegation that 

the United States government is "in charge of" the City, id. ii 9, is legally incorrect. 
See Gharb v. United States, No. 12-911C, 2013 WL 4828589, at *6 (Fed. Cl. Sept. 9, 

2013) (citing Fed. Mar. Comm'n v. S.C. State Ports Auth., 535 U.S. 743, 751 (2002)). 

As the Court explained in the previous order, we cannot hear cases concerning the 

actions of state or local government officials and their agents. See Vlahakis v. 

United States, 215 Ct. Cl. 1018, 1018 (1978); Clark v. United States, No. 11-lOC, 

2014 WL 3728172, at *9 (Fed. Cl. July 28, 2014). The allegation that the United 

States is holding plaintiff's stolen property, Prop. Am. Compl. ~ 11, appears to be 

based on nothing more than plaintiff's mistaken belief that the federal and 

municipal governments are one and the same, see Compl. ~ 11. And plaintiff's 

citation to Williamson County Regional Planning Commission v. Hamilton Bank, 

473 U.S. 172 (1985), see Prop. Am. Compl. ~ 10, while in some regards 

commendable considering his prose status, is irrelevant, as that case concerns the 

procedures for ripening a takings claim to be brought in a U.S. district court. The 

U.S. Court of Federal Claims is not a district court. See 28 U.S.C. § 171. 

In sum, plaintiff has provided no valid ground for reconsidering the dismissal 

of his case. The motion is accordingly DENIED. 

IT IS SO ORDERED. 

- 2 -
<PAGE>

                                  Exhibit 99.1

                      Statement of Chief Executive Officer
         Pursuant to Section 1350 of Title 18 of the United States Code

Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned,
Michael T. Kennedy, the Chairman of the Board and Chief Executive Officer of
Radnor Holdings Corporation (the "Company"), hereby certifies that:

         The Company's Form 10-Q Quarterly Report for the period ended March 28,
         2003 (the "Report") fully complies with the requirements of Section
         15(d) of the Securities Exchange Act of 1934; and

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

Dated: May 7, 2003                                   /s/ Michael T. Kennedy
                                                --------------------------------
                                                         Michael T. Kennedy
                                                         Chairman of the Board
                                                         Chief Executive Officer

A signed original of this written statement 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 disposition is nonprecedential. 

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

______________________ MASIMO CORPORATION, Appellant

v.

APPLE INC., Appellee

______________________

2022

- 1972, 2022

- 1973, 2022

- 1975, 2022

- 1976

______________________ Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No s . IPR2020

- 01713, IPR2020

- 01716, IPR2020

- 01733, IPR2020

- 01737.

______________________

JUDGMENT

______________________

S TEPHEN W. L ARSON , Knobbe, Martens, Olson & Bear, LLP, Irvine, CA, argued for appellant. Also represented by S TEPHEN C. J ENSEN , J AROM D. K ESLER , J OSEPH R. R E ; J EREMIAH H ELM , Washington, DC.

L AUREN A NN D EGNAN , Fish & Rich ardson P.C., Washington, DC, argued for appellee. Also represented by C HRISTOPHER D RYER , W ALTER K ARL R ENNER ; A SHLEY B OLT , Atlanta, GA.

______________________ Case: 22-1972 Document: 45 Page: 1 Filed: 09/12/2023T HIS C AUSE ha ving been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (L OURIE , P ROST , and C UNNINGHAM , Circuit Judges ).

AFFIRMED. See Fed . Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

September 12, 2023 Date /s/ Jarrett B. Perlow Jarrett B. Perlow Clerk of Court Case: 22-1972 Document: 45 Page: 2 Filed: 09/12/2023
ex10a.htm


    


    


    Exhibit
10(a)

    


    


    


    Consent of Ernst
& Young LLP, Independent Registered Public Accounting Firm

    


    


    We consent to the
reference to our firm under the caption “Independent Registered Public
Accounting Firm” and to the
use of our reports dated (a) March 18, 2009, with respect to the
consolidated financial statements of The Lincoln National Life Insurance Company
and (b) March 20, 2009, with respect to the financial statements of
Lincoln National Variable Annuity Account C, in Post-Effective Amendment No. 36
to the Registration Statement (Form N-4 No. 033-25990) pertaining to
Lincoln National Variable Annuity Account C, which is incorporated by reference
into Post-Effective Amendment No. 39.

    


                                                  /s/ Ernst & Young
LLP

     

    Philadelphia,
Pennsylvania

    December 2,
2009
EXHIBIT 31.1



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



I, L. Don Stricklin, President and Chief Executive Officer
of the registrant, certify that:



1. I have
reviewed this amendment no. 1 to the annual report on Form 10-K/A of Texas United Bancshares, 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(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:
October 11, 2005



|                                     
|-------------------------------------
|/s/    L. Don Stricklin              
|L. Don Stricklin                     
|President and Chief Executive Officer
|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                              |   |   |   |   |
|-----------------------------------|--------|--------|--------|--------|
|                              |   |   |   |
| Dated: January      14, 2009 |   |   |   | By:    |   | /s/   Eddie      Vakser |
|                              |   |   |   |   |   | Eddie      Vakser Interim      Chief Executive Officer |

----
Exhibit
32.1




SECTION 1350
CERTIFICATION




In connection with
the Quarterly Report of Med-Emerg International Inc. (the "Company") on Form
10-Q for the period ending June 30, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned hereby
certifies, pursuant to 18 U.S.C. § 1350, , to the best of such officer’s
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 result of operations of the Company.




Dated: August 14,
2008






By:
            /s/  Ramesh
      ZachariasName: Dr.
      Ramesh ZachariasTitle: Chief
      Executive Officer (Principal Executive Officer)
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 Terra Nostra Resources Corp. (the Company) on Form 10-KSB for the period ended May 31, 2006 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Jeff Reynolds, Principal Financial Officer and Principal Accounting Officer, 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 this Report fairly presents, in all material respects,

the financial condition and results of operations of the Company.

|Date: October 16, 2006 |  | By:/s/ Jeff Reynolds                                       
|---------------------- |  | -----------------------------------------------------------
|                       |  | Name: Jeff Reynolds                                        
|                       |  | Title: Principal Financial Officer and Principal Accounting
|                       |  | Officer                                                    

---
[No. 10129.

Department Two.

August 21, 1912.]

#### Blaine Gold Mining Company, *Appellant,*v. Ferry County *et al., Respondents.*
      *1*

Appeal from a judgment of the superior court for Ferry county, Pendergast, J., entered April 3, 1911, dismissing an action to set aside a tax sale, upon sustaining a demurrer to the complaint.

Affirmed.

*John Salisbury*and *E. 0. Macdonald,*for appellant.

*Frank M. Allyn,*for respondent Ritter.

Reported in 125 Pac. 1021.

Per Curiam.

This is an action brought by the plaintiff to set aside the sale of a mining claim made by the county of Ferry to enforce the payment of delinquent taxes. The assignments of error made by the appellant question the sufficiency of the summons by which the appellant was sought to he brought into court in the tax foreclosure proceeding and the sufficiency of the record as to notice of the tax foreclosure sale. The proceeding questioned was a general tax foreclosure proceeding in which the county of Ferry foreclosed in one action all of the delinquency certificates that had been issued to the county. The questions presented were before us in the case of *Old Republic Min. Co. v. Ferry County, ante*p. 600, 125 Pac. 1018, where they were passed on adversely to the contentions *made by*the appellant. On the authority of that case, the present case will stand affirmed.
EX-10.20



 Exhibit 10.20 

SUMMARY OF DIRECTOR COMPENSATION PROGRAM 

The board of directors (the “Board”) of Concert Pharmaceuticals, Inc. (the “Company”) has approved the
following director compensation program. Under this director compensation program, the Company will pay its non-employee directors retainers in cash. Each non-employee director will receive a cash retainer for service on the Board and for service on
each committee of which the director is a member. The chairmen of the Board and of each committee will receive higher retainers for such service. These fees are payable quarterly in arrears. The fees paid to non-employee directors for service on the
Board and for service on each committee of the Board of which the director is a member are as follows: 
  

									
	 	  	Member
Annual
Fee	 	  	Chairman
Annual
Fee	 
	 Board of Directors
	  	$	30,000	  	  	$	60,000	  
	 Audit Committee
	  	$	7,500	  	  	$	15,000	  
	 Compensation Committee
	  	$	5,000	  	  	$	10,000	  
	 Nominating and Corporate Governance Committee
	  	$	3,000	  	  	$	7,000	  

 The Company will also reimburse its non-employee directors for reasonable travel and out-of-pocket expenses
incurred in connection with attending Board and committee meetings. 
 In addition, under the Company’s director compensation program,
each non-employee director elected to the Board after the closing of the Company’s initial public offering will receive an option to purchase 25,000 shares of the Company’s common stock. Each of these options will vest in equal quarterly
installments over a three-year period measured from the date of grant, subject to the director’s continued service as a director, and will become exercisable in full upon a change in control of the Company. Further, on the date of the first
Board meeting held after each annual meeting of stockholders, each non-employee director that has served on the Board for at least six months will receive an option to purchase 10,000 shares of the Company’s common stock. Each of these options
will vest in equal quarterly installments over a one-year period measured from the date of grant, subject to the director’s continued service as a director, and will become exercisable in full upon a change in control of the Company. The
exercise price of these options will equal the fair market value of the Company’s common stock on the date of grant.
EXHIBIT 32.2



Certification of Chief Financial Officer

Pursuant to Section 1350 of Title 18 of the United States Code,

as Adopted Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002



Pursuant to Section 1350 of Title 18 of the United
States Code, the undersigned, Paul D. Ridder, the Vice President and Chief Financial Officer of Radnor Holdings Corporation (the Company), hereby certifies that:



The Companys quarterly report on Form 10-Q/A for the period ended July 1, 2005 (the Report) fully complies
with the requirements of Section 15(d) of the Securities Exchange Act of 1934; and



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



|                         |  |                                           
|------------------------ |  | ------------------------------------------
|Dated: November 21, 2005 |  | /s/ Paul D. Ridder                        
|                         |  | Paul D. Ridder                            
|                         |  | Vice President and Chief Financial Officer
|                         |  | (Principal Financial Officer)             



A signed original of this written
statement 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.
#### In the Matter of Manuel Nunez, Petitioner, v Thomas LaValley, as Superintendent of Clinton Correctional Facility, Respondent.

[944 NYS2d 710] —

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier II prison disciplinary determination. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner’s institutional record and the mandatory $5 surcharge has been refunded to petitioner’s inmate account. In view of this, and given that petitioner has received all the relief to which he is entitled, the matter must be dismissed as moot *(see Matter of Torres v Bezio,*92 AD3d 1053 [2012]; *Matter of Calix v Brown,*92 AD3d 1001 [2012]). While petitioner seeks to be relocated to the honor block where he was housed prior to the disciplinary determination, “ ‘inmates have no constitutional or statutory rights to their prior *1584housing or programming status’ ” *(Matter of Valdez v Fischer,*85 AD3d 1264, 1265 [2011], quoting *Matter of Rhodes v Smith,*78 AD3d 1391 [2010]). Furthermore, his request for declaratory relief was not included in his petition and, in any event, is not authorized by CPLR 7804 (g) *(see Matter of Applegate v Heath,*88 AD3d 699, 700 [2011]).

Mercure, J.P, Rose, Malone Jr., Stein and Garry, JJ, concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $102.14.
#### John J. Chiaffi et al., Appellants, v Wexler, Berger-man & Crucet, et al., Respondents.

— In a legal malpractice action, plaintiffs appeal from an order of the Supreme Court, Rockland County (Slifkin, J.), dated April 8, 1984, which denied their motion to strike defendants’ first defense.

Order affirmed, with costs.

Defendant attorneys failed to timely commence a personal *615injury action on behalf of plaintiffs and this action ensued. Defendants’ answer contained a defense which sought to limit any prospective judgment to the amount that would have been collectible from the alleged tort-feasor in the underlying cause of action to recover damages for personal injuries.

The determination of an award of damages requires plaintiffs to establish the injuries suffered and their value *(see, Mendoza v Schlossman,*87 AD2d 606, *appeal withdrawn*57 NY2d 778). Therefore, in a legal malpractice action, the collectibility of a hypothetical judgment against the underlying tort-feasor is a factor to be considered by the trier of facts *(see, Vooth v McEachen,*181 NY 28; *Larson v Crucet,*105 AD2d 651; *Schmitt v McMillan,*175 App Div 799). Accordingly, Special Term correctly denied plaintiffs’ motion to dismiss the defense. Thompson, J. P., Brown, Weinstein and Eiber, JJ., concur.
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Carl F. Fahrenkrug, Chief Executive Officer of Microwave Filter Company,
Inc. (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that:

(1) the quarterly Report on Form 10-QSB of the Company for the period ended
    December 31, 2006 (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 78o(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.

Dated: February 14, 2007                    /s/ Carl F. Fahrenkrug
                                                Carl F. Fahrenkrug
                                                Chief Executive Officer

<PAGE>
                                                                    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

I, Richard L. Jones, Chief Financial Officer of Microwave Filter Company, Inc.
(the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.S.C. Section 1350, that:

(1) the quarterly Report on Form 10-QSB of the Company for the period ended
    December 31, 2006 (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 78o(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.

Dated: February 14, 2007                   /s/ Richard L. Jones
                                                Richard L. Jones
                                                Chief Financial Officer