alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 99.2**

 

**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**

 

I, Michael J. Sophie,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of UTStarcom, Inc.on Form 10-Q for the quarterly period ended March 31, 2003 fully complies withthe requirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934 and that the information contained in such Form 10-Q fairly presents inall material respects the financial condition and results of operations ofUTStarcom, Inc.

 
|   |                                                   |
|--------|--------------------------------------------------------|
| By:    |                                                   | /s/ Michael J. Sophie |
|   | Name:   Michael  J. Sophie                   |
|   | Title:     Chief Financial Officer |
|        |                                                        |  |  |
Exhibit 13.1

                      CHIEF EXECUTIVE OFFICER CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350

     In connection  with this Annual  Report of A/S Steamship  Company Torm (the
"Company")  on Form 20-F for the year ended  December 31, 2003 as filed with the
Securities and Exchange  Commission (the "SEC") on or about the date hereof (the
"Report"), I, Klaus Kjaerulff,  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:

     (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.

     A signed  original  of this  written  statement  has been  provided  to the
Company and will be retained  by the  Company  and  furnished  to the SEC or its
staff upon request.

Date: June 15, 2005


/s/ Klaus Kjaerulff
-------------------
Chief Executive Officer
SCWC-13-0001803

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

 

BERNADINE KUAHIWINUI, Individually and as Personal Representative

of the Estate of KRISTERPHER KAUPU-KUAHIWINUI, deceased; 

and KENNETH KAUPU, Respondents/Plaintiffs-Appellants,

v.

ZELO’S INC., dba SUSHI & BLUES; TAHITI NUI ENTERPRISES, INC., 

dba TAHITI NUI, and STATE OF HAWAI#I,

Petitioners/Defendants-Appellees,

ZELO’S INC., dba SUSHI & BLUES, Third-Party Plaintiff,

v.

SOLOMON MAKUA KUAHIWINUI, Third-Party Defendant.

STATE OF HAWAI#I,

Third-Party Plaintiff,

v.

SOLOMON KUAHIWINUI AND CHRISTOPHER FERGUSON,

Third-Party Defendants.

SHERYL ANN ACKERMAN, Individually; SHERYL ANN ACKERMAN, as mother

of, natural guardian and next friend for BRITNEY ANN HARDSKY,

minor; and SHERYL ANN ACKERMAN, as Personal Representative of the

Estate of CHRISTOPHER COLE FERGUSON, deceased, Plaintiffs,

v.

SOLOMON MAKUA KUAHIWINUI; JAMES B. EDMONDS; TAHITI NUI

ENTERPRISES, INC., dba TAHITI NUI; ZELO’S INC., 

dba SUSHI & BLUES; STATE OF HAWAI#I; THE COUNTY OF KAUAI, 

Defendants,

 

Electronically Filed

Supreme Court

SCWC-13-0001803

24-MAY-2018

02:36 PM
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-13-0001803; CIVIL NOS. 08-1-0067 and 08-1-0069)

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Petitioners/Defendants-Appellees Zelo’s Inc., dba Sushi

& Blues’ application for writ of certiorari filed on March 30

2018, is hereby accepted and will be scheduled for oral argument. 

The parties will be notified by the appellate clerk regarding

scheduling.

DATED: Honolulu, Hawai#i, May 24, 2018.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson

2
II 

112TH CONGRESS 

1ST SESSION S. 818 

To amend title XVIII of the Social Security Act to count a period of receipt 

of outpatient observation services in a hospital toward satisfying the 

3-day inpatient hospital requirement for coverage of skilled nursing facility services under Medicare. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2011 

Mr. KERRY (for himself and Ms. SNOWE) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to count 

a period of receipt of outpatient observation services 

in a hospital toward satisfying the 3-day inpatient hospital requirement for coverage of skilled nursing facility 

services under Medicare. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Access to 

5 Medicare Coverage Act of 2011’’. 

mstockstill on DSKH9S0YB1PROD with BILLS

2 

•S 818 IS

1 SEC. 2. COUNTING A PERIOD OF RECEIPT OF OUTPATIENT 

2 OBSERVATION SERVICES IN A HOSPITAL TO3 WARD THE 3-DAY INPATIENT HOSPITAL RE4 QUIREMENT FOR COVERAGE OF SKILLED 

5 NURSING FACILITY SERVICES UNDER MEDI6 CARE. 

7 (a) IN GENERAL.—Section 1861(i) of the Social Se8 curity Act (42 U.S.C. 1395x(i)) is amended by adding at 

9 the end the following: ‘‘For purposes of this subsection, 

10 an individual receiving outpatient observation services 

11 shall be deemed to be an inpatient during such period, 

12 and the date such individual ceases receiving such services 

13 shall be deemed the hospital discharge date (unless such 

14 individual is admitted as a hospital inpatient at the end 

15 of such period).’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall apply to receipt of outpatient observa18 tion services beginning on or after January 1, 2011, but 

19 applies to a period of post-hospital extended care services 

20 that was completed before the date of the enactment of 

21 this Act only if an administrative appeal is or has been 

22 made with respect to such services not later than 90 days 

23 after the date of the enactment of this Act. Notwith24 standing any other provision of law, the Secretary of 

25 Health and Human Services may implement such amendmstockstill on DSKH9S0YB1PROD with BILLS

3 

•S 818 IS

1 ment through an interim final regulation, program in2 struction, or otherwise. 

Æ 

mstockstill on DSKH9S0YB1PROD with BILLS
# C_2020010EN.01003302.xml

| 13.1.2020 | EN | Official Journal of the European Union | C 10/33 |
| --- | --- | --- | --- |

13.1.2020

EN

Official Journal of the European Union

C 10/33

---

Judgment of the General Court of 14 November 2019 — Société des produits Nestlé v EUIPO — Jumbo Africa (Representation of a human figure on an escutcheon)

(Case T-149/19) (1)

(EU trade mark - Opposition proceedings - Application for an EU figurative mark representing the shape of a human figure on an escutcheon - EU figurative mark representing the shape of a human figure - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Power to alter decisions)

(2020/C 10/45)

Language of the case: English

Parties

Applicant: Société des produits Nestlé SA (Vevey, Switzerland) (represented by: A. Jaeger Lenz, A. Lambrecht and C. Elkemann, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Capostagno and H. O’Neill, Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Jumbo Africa, SL (L’Hospitalet de Llobregat, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 30 November 2018 (Case R 876/2018-2) relating to opposition proceedings between Jumbo Africa and Société des produits Nestlé.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 30 November 2018 (Case R 876/2018-2); |
| --- | --- |

1.

Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 30 November 2018 (Case R 876/2018-2);

| 2. | Dismisses the appeal brought before EUIPO by Jumbo Africa, SL; |
| --- | --- |

2.

Dismisses the appeal brought before EUIPO by Jumbo Africa, SL;

| 3. | Orders EUIPO to bear its own costs and to pay those incurred by Société des produits Nestlé SA for the purposes of the proceedings before the General Court; |
| --- | --- |

3.

Orders EUIPO to bear its own costs and to pay those incurred by Société des produits Nestlé SA for the purposes of the proceedings before the General Court;

| 4. | Orders Jumbo Africa to pay the cost necessarily incurred by Société des produits Nestlé for the purposes of the proceedings before the Board of Appeal of EUIPO; |
| --- | --- |

4.

Orders Jumbo Africa to pay the cost necessarily incurred by Société des produits Nestlé for the purposes of the proceedings before the Board of Appeal of EUIPO;

| 5. | Dismisses the action as to the remainder. |
| --- | --- |

5.

Dismisses the action as to the remainder.

---

(1)  OJ C 155, 6.5.2019.

---
#### RAHM, Appellant, v. NEW YORK CENT. & H. R. R. CO., Respondent.

(Supreme Court, Appellate Division, Fourth Department.

November 13, 1907.)

Action by Theresa Rahm, as *1142administratrix, etc., against the New York Central & Hudson River Railroad Company.

No opinion. Order denying plaintiff’s motion for a new trial upon the minutes of the court affirmed, with costs.
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#### Patricia W. Fedell, Appellant, v Paul H. Wierzbieniec et al., Respondents.

— Order unanimously affirmed, without costs, for reasons stated at Special Term, Mintz, J. (Appeal from order of Supreme Court, Erie County, Mintz, J. — summary judgment.) Present — Dillon, P. J., Denman, Boomer, Green and O’Donnell, JJ.
(55 Misc. Rep. 124.)

#### In re HAMMOND.

(Supreme Court, Special Term, New York County.

June, 1907.)

Insane Peesons—Inquisition—Setting Aside Default.

A motion to open defendant’s default, and to set aside a verdict finding him insane, and to direct commissioners to reconvene and allow him to present his defense, will be granted, where his request for adjournment because of illness of counsel was refused, and substituted counsel asked an adjournment for two days in which to prepare for hearing, which was also refused, on condition that the costs of the proceeding to date be paid by respondent or his estate.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 27, Insane Persons, § 30.]

In the matter of Jarp.es Bartlett Hammond, alleged lunatic. Motion to set aside verdict and direct commission to give defendant opportunity to present defense.

John Holden, for petitioner.

Quigg, Bostwick & Coleman, for respondent.

BLANCHARD, J.

This is a proceeding to. inquire into the sanity of the respondent. Commissioners were duly appointed, a jury impaneled, several hearings were had, and the case of the petitioner completed. At some of the hearings, and when the most important testimony was given, adjournments were asked on behalf of the respondent, because of the illness of counsel, and refused. Other counsel was engaged, who asked for an adjournment of two days in which to prepare for the hearings, and this was also refused. The respondent put in no evidence, and the jury found him insane. This is a motion to open the respondent’s fault, to set aside the verdict of the jury, and to direct the commission heretofore appointed to reconvene and to give to the respondent a reasonable opportunity to present his defense. The motion is opposed on several grounds, most of them technical, and that there is no precedent for granting it. I am of the opinion, however, that these considerations are of minor consequence in face of the fact that the proceedings seek to deprive the respondent of his liberty and control of his property. No' harm can come by opening the default and great injustice might result by not doing it.

*286The costs and expenses of the proceeding to date, however, should be borne by the respondent or his estate, and the default will be opened upon that condition.
Exhibit 32

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

      The undersigned, Kevin B. Kurtzman, the President and Chief Executive
Officer of Concero Inc. (the "Company"), hereby certifies, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that, to my knowledge:

      1. The Company's Quarterly Report on Form 10-Q for the period ended March
31, 2003 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 aforementioned Report fairly presents,
in all material respects, the financial condition and results of operations of
the Company as of the dates and for the periods expressed in the Report.


/s/ Kevin B. Kurtzman
-----------------------------------------
Kevin B. Kurtzman
President and Chief Executive Officer

October 14, 2003
<PAGE>

                                                                    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

     In connection with the quarterly report of Town Sports International, Inc.
(the "Company") on Form 10-Q for the period ending March 31, 2004 filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
Giardina, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
sec.1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, that to
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 represents, in all
         material respects, the financial conditions and result of operations of
         the Company.

                                                  /s/ ROBERT GIARDINA
                                          --------------------------------------
                                          Town Sports International, Inc.
                                          Chief Executive Officer
                                          May 13, 2004
Exhibit 31.2

CERTIFICATION

I,
Francis P. Barton, certify that:

1.     I
have reviewed this quarterly report on Form 10-Q of UTStarcom, 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



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):



|Date: August 9, 2006                                                                               | 
|-------------------------------------------------------------------------------------------------- | 
|/s/FRANCIS P. BARTONFrancis P. Barton Executive Vice President of Finance,
Chief Financial Officer

---



QuickLinks
# C_2019164EN.01004001.xml

| 13.5.2019 | EN | Official Journal of the European Union | C 164/40 |
| --- | --- | --- | --- |

13.5.2019

EN

Official Journal of the European Union

C 164/40

---

Request for a preliminary ruling from the Cour du travail de Liège (Belgium) lodged on 18 March 2019 — B v Centre public d’action sociale de Liège (CPAS)

(Case C-233/19)

(2019/C 164/42)

Language of the case: French

Referring court

Cour du travail de Liège

Parties to the main proceedings

Applicant: B.

Defendant: Centre public d’action sociale de Liège (CPAS)

Question referred

Must Articles 5 and 13 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, (1) read in the light of Articles 19(2) and 47 of the Charter of Fundamental Rights of the European Union, and Article 14(1)(b) of that directive, read in the light of the judgment in Case C-562/13, delivered on 18 December 2014 by the Court of Justice of the European Union (Grand Chamber), be interpreted as endowing with suspensive effect an appeal brought against a decision ordering a third-country national suffering from a serious illness to leave the territory of a Member State, in the case where the appellant claims that the enforcement of that decision is liable to expose him to a serious risk of grave and irreversible deterioration in his state of health:

| — | without it being necessary to examine the appeal, its mere introduction being sufficient to suspend the enforcement of the decision ordering the third-country national to leave the territory of that Member State; or |
| --- | --- |

—

without it being necessary to examine the appeal, its mere introduction being sufficient to suspend the enforcement of the decision ordering the third-country national to leave the territory of that Member State; or

| — | following a marginal review as to whether there is an arguable complaint, lack of grounds for inadmissibility or whether the action brought before the Conseil du contentieux des étrangers (Council for asylum and immigration proceedings, Belgium) is manifestly unfounded; or |
| --- | --- |

—

following a marginal review as to whether there is an arguable complaint, lack of grounds for inadmissibility or whether the action brought before the Conseil du contentieux des étrangers (Council for asylum and immigration proceedings, Belgium) is manifestly unfounded; or

| — | following a full and comprehensive judicial review carried out by the labour courts in order to determine whether the enforcement of that decision is indeed liable to expose the appellant to a serious risk of grave and irreversible deterioration in his state of health? |
| --- | --- |

—

following a full and comprehensive judicial review carried out by the labour courts in order to determine whether the enforcement of that decision is indeed liable to expose the appellant to a serious risk of grave and irreversible deterioration in his state of health?

---

(1)  OJ 2008 L 348, p. 98.

---
# C_2019432EN.01005602.xml

| 23.12.2019 | EN | Official Journal of the European Union | C 432/56 |
| --- | --- | --- | --- |

23.12.2019

EN

Official Journal of the European Union

C 432/56

---

Order of the General Court of 17 October 2019 — Jap Energéticas y Medioambientales v Commission

(Case T-145/19) (1)

(Action for annulment - Grant agreement concluded under the Financial Instrument for the Environment (LIFE+) - Debit note - Measure which is part of a purely contractual context from which it is inseparable - No reclassification of the action - Manifest inadmissibility)

(2019/C 432/67)

Language of the case: Spanish

Parties

Applicant: Jap Energéticas y Medioambientales, SL (Valencia, Spain) (represented by: G. Alabau Zabal, lawyer)

Defendant: European Commission (represented by: J. Estrada de Solà and S. Izquierdo Pérez, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of a debit note issued by the Commission on 14 January 2019 in order to recover the sum of EUR 82 750,96 paid to the applicant in the context of financial assistance for a prototype project for the production of hydrogen using clean water, ammonia and recycled aluminium.

Operative part of the order

| 1. | The action is dismissed as manifestly inadmissible. |
| --- | --- |

1.

The action is dismissed as manifestly inadmissible.

| 2. | Jap Energéticas y Medioambientales, SL shall pay the costs, including those relating to the interlocutory proceedings. |
| --- | --- |

2.

Jap Energéticas y Medioambientales, SL shall pay the costs, including those relating to the interlocutory proceedings.

---

(1)  OJ C 155, 6.5.2019.

---