alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 Bluefly, Inc. (the "Company")
on Form 10-Q for the period ending June 30, 2007,  as filed with the  Securities
and  Exchange  Commission  on  the  date  hereof  (the  "Report"),   I,  Melissa
Payner-Gregor,  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.


/s/ Melissa Payner-Gregor
----------------------------
Melissa Payner-Gregor
Chief Executive Officer
August 8, 2007
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   Bluefly,   Inc.  (the
"Company") on Form 10-Q for the period ending  September 30, 2008, as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Melissa Payner-Gregor, 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.

/s/ Melissa Payner-Gregor
-------------------------
Melissa Payner-Gregor
Chief Executive Officer
November 12, 2008

                                       25
#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DAN CECERE, DEFENDANT-RESPONDENT.

November 14, 1960.

*Mr. Frank A. Palmieri*for the petitioner.

*Fir. Brendan T. Byrne*and *Mr. Sanford M. Jaffe*for the respondent.

Denied.
Case 10-00368 Doc 16 Filed 01/21/10 Entered 01/22/10 10:28:49 Desc Main

 Document Page 1 of 1
UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JENI PORCHE, MARGARET L. HOSTY, and )

d/b/a GSU INNOVATOR, )

)

Plaintiffs, )

) No. 02 C 7707

v )

)

ROGER ODEN, ALBERT CHESSER, )

DEBRA BOYD, PATRICIA CARTER, )

DONALD BELL, DEBRA CONWAY, )

FRANCES BRADLEY, JUDY YOUNG, )

EDWARD KAMMER, DOROTHY FERGUSON, )

PETER GUNTHER, STUART FAGAN, )

PAUL KEYS, PEGGY WOODWARD, ) Judge Ronald A. Guzman

HARRY KLEIN, WILLIAM McGEE, ) Presiding Judge

KRISTI DeLAURENTIS, LORINE SAMUELS, )

KATHLEEN FIELD ORR, JACK BEAUPRE, ) Magistrate Judge Susan E. Cox

BRUCE FRIEFELD, IVY WHITE, )

CLAUDE R. HILL IV, STEVEN M. O’CONNOR, )

THOMAS STEPKE, DEBORAH HOLDSTEIN, )

RASHIDAH JAAMI’ MUHAMMAD, )

JOYCE KENNEDY, and LORRAINE SIBBET, )

)

Defendants. )

MOTION FOR EXTENSION OF TIME

Defendants ROGER ODEN, ALBERT CHESSER, DEBRA BOYD, DEBRA

CONWAY, FRANCES BRADLEY, JUDY YOUNG, PETER GUNTHER, STUART FAGAN,

PAUL KEYS, PEGGY WOODWARD, HARRY KLEIN, WILLIAM McGEE,

KRISTI DeLAURENTIS, LORINE SAMUELS, KATHLEEN FIELD ORR, JACK BEAUPRE,

BRUCE FRIEFELD, IVY WHITE, THOMAS STEPKE, DEBORAH HOLDSTEIN,

RASHIDAH JAAMI’ MUHAMMAD, JOYCE KENNEDY, and LORRAINE SIBBET,

(“DEFENDANTS”) by and through their attorney, LISA MADIGAN, Illinois Attorney General,

hereby request that this Court grant their motion for a seven (7) day extension of time to file an

Case: 1:02-cv-07707 Document #: 179 Filed: 11/28/07 Page 1 of 2 PageID #:754
Answer to the Fourth Amended Compliant. In support thereof, Defendants state as follows:

1. Plaintiffs have filed a Fourth Amended Complaint and Defendants’ Answer is due

on December 3, 2007. 

2. Given the extremely extensive history of this case, Counsel for Defendants

requires additional time to review past pleadings and other documents and

prepare a response to the Fourth Amended Complaint.

3. Counsel for Defendants spoke with Counsel for Plaintiffs by telephone on

November 28, 2007, and he does not oppose a seven (7) day extension of time to

file the Answer.

4. This motion is not brought for dilatory purposes.

WHEREFORE Defendants Oden, Chesser, Boyd, Conway, Bradley, Young, Gunther,

Fagan, Keys, Woodward, Klein, McGee, DeLaurentis, Samuels, Field Orr, Beaupre, Friefeld,

White, Stepke, Holdstein, Muhammad, Kennedy, and Sibbet respectfully request that this

Honorable Court grant them an additional seven (7) days, until December 10, 2007, to file an

Answer to the Plaintiffs’ Fourth Amended Complaint. 

Respectfully submitted,

 /s/ Rachel Fleischmann 

LISA MADIGAN RACHEL FLEISCHMANN

Illinois Attorney General PETER C. KOCH

Assistant Attorneys General

Office of the Illinois Attorney General

100 West Randolph Street, 13 Floor th

Chicago, IL 60601

312-814-6122/6534

Case: 1:02-cv-07707 Document #: 179 Filed: 11/28/07 Page 2 of 2 PageID #:755
<PAGE>

                                                                    EXHIBIT 23.1

                        Consent of Independent Auditors

We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-87691) pertaining to the 1993 Incentive Stock Option Plan, the 1996
Stock Option Plan and the 1999 Stock Option Plan of Technology Flavors &
Fragrances, Inc. and in the Registration Statement (Form S-3 No. 333-48218) and
related Prospectus of our report dated March 19, 2001, with respect to the
consolidated financial statements of Technology Flavors & Fragrances, Inc.
included in the Annual Report (Form 10-KSB) for the year ended December 31,
2000.

                                                           /s/ Ernst & Young LLP

Melville, New York
March 28, 2001
**Exhibit 23**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

To the Board of Directors andStockholders 

Nicholas Financial, Inc. 

We consent to the incorporation by reference in the registration statement (No. 333-143245) on Form S-8 of Nicholas Financial, Inc. of our report dated June 14, 2011, with respect to the consolidatedfinancial statements of Nicholas Financial, Inc. and subsidiaries (the “Company”) which appears in the Company’s Annual Report on Form 10-K for the fiscal year ended March 31, 2011. 

/s/ Dixon Hughes Goodman LLP 

Atlanta, Georgia

June 14, 2011
III 

112TH CONGRESS 

1ST SESSION S. RES. 142 

Congratulating the Lady Aggies of Texas A&M University on winning the 

2011 National Collegiate Athletic Association Division I Women’s Basketball Championship. 

IN THE SENATE OF THE UNITED STATES 

APRIL 12, 2011 

Mrs. HUTCHISON (for herself and Mr. CORNYN) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Congratulating the Lady Aggies of Texas A&M University 

on winning the 2011 National Collegiate Athletic Association Division I Women’s Basketball Championship. 

Whereas the Texas A&M University women’s basketball team, 

the Lady Aggies, won its first National Collegiate Athletic Association Division I Women’s Basketball Championship (referred to in this preamble as the ‘‘national 

championship’’) by defeating Notre Dame by a score of 

76 to 70, becoming the first team to win the national 

championship title on its initial try since 2005; 

Whereas the Lady Aggies finished the 2010-2011 season with 

an impressive record of 33 wins and 5 losses; 

Whereas Coach Gary Blair brought the Lady Aggies to their 

first NCAA National Women’s Basketball Championship 


srobinson on DSK8KYBLC1PROD with BILLS
2 

•SRES 142 ATS 

with a starting lineup that included Danielle Adams, Sydney Carter, Sydney Colson, Adaora Elonu, and Tyra 

White; 

Whereas Tyra White led the Lady Aggies to victory with a 

3-point shot with only 65 seconds remaining on the clock 

and was named to the all-tournament team; 

Whereas All-American Danielle Adams scored 30 points, the 

second-highest number of points ever scored in a national 

championship game, and finished the 2010-2011 season 

with more than 800 points; 

Whereas the Lady Aggies should all be commended for their 

teamwork; 

Whereas Texas A&M University joins the ranks of the University of Texas, Baylor, and Texas Tech as women’s 

basketball national champions, demonstrating the excellence of Texas A&M University in both athletics and academics; 

Whereas the Lady Aggies have significantly advanced the 

sport of women’s basketball by demonstrating hard work 

and sportsmanship; 

Whereas the Lady Aggies overcame intense competition and 

defied expectations in a very exciting final game; 

Whereas the accomplishment of the Lady Aggies is another 

testament to the strength of women across the State of 

Texas; and 

Whereas the Lady Aggies are the pride of their loyal fans, 

current and former students, and the rest of the Lone 

Star State: Now, therefore, be it 

1 Resolved, That the Senate congratulates the Lady 

2 Aggies of Texas A&M University on— 


srobinson on DSK8KYBLC1PROD with BILLS
3 

•SRES 142 ATS 

1 (1) winning the 2011 National Collegiate Ath2 letic Association Division I Women’s Basketball 

3 Championship; and 

4 (2) completing the 2010-2011 women’s basket5 ball season with a record of 33 wins and 5 losses. 

Æ 


srobinson on DSK8KYBLC1PROD with BILLS
# Fourth Court of Appeals **San Antonio, Texas**

JUDG MENT

No. 04

- 21

- 00572

- CV

Shiela PIAZZA , Agent & Attorney

- in

- Fact for Phyllis Masterson, Appellant

v.

CITY OF WINDCREST , and Selena Breland, in her official capacity as Code Compliance & Enforcement Officer, Appellee

From the 73rd Judicial District Court
, Bexar County, Texas Trial Court No. 2021

- CI

- 17091 Honorable Norma Gonzales , Judge Presiding

BEFORE CHIEF JUSTICE MARTINEZ
, JUSTICE ALVAREZ , AND JUSTICE VALENZUELA

In accordance with t his court’s opinion of this date, this appeal is DISMISSED FOR WANT OF PROSECUTION

. Costs of appeal are assessed against appellant

.

SIGNED February 16, 2022.

_________________________________ Lori I. Valenzuela , Justice
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>      5





<LEGEND>    This schedule contains summary financial information extracted
            from the Financial Statements of New Jersey Mining Company for
            the quarter ending March 31, 2000 and is qualified in its
            entirety by reference to such financial statements.



<PERIOD START>            JAN-01-2000
<PERIOD TYPE>             3-MOS
<FISCAL-YEAR-END>         DEC-31-2000
<PERIOD END>              MAR-31-2000
<CASH>                          1,787
<SECURITIES>                        0
<RECEIVABLES>                       0
<ALLOWANCES>                        0
<INVENTORY>                         0
<CURRENT-ASSETS>                1,787
<PP&E>                        280,430
<DEPRECIATION>                      0
<TOTAL-ASSETS>                431,121
<CURRENT-LIABILITIES>          10,860
<BONDS>                             0
<PREFERRED-MANDATORY>               0
<PREFERRED>                         0
<COMMON>                      647,836
<OTHER-SE>                          0
<TOTAL-LIABILITY-AND-EQUITY>  431,121
<SALES>                             0
<TOTAL-REVENUES>                 (789)
<CGS>                               0
<TOTAL-COSTS>                       0
<OTHER-EXPENSES>                  355
<LOSS-PROVISION>                    0
<INTEREST-EXPENSE>                  0
<INCOME-PRETAX>                (1,144)
<INCOME-TAX>                        0
<INCOME-CONTINUING>            (1,144)
<DISCONTINUED>                      0
<EXTRAORDINARY>                     0
<CHANGES>                           0
<NET-INCOME>                   (1,144)
<EPS-BASIC>                   (0.00)
<EPS-DILUTED>                   (0.00)



</TABLE>
*

 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. 01-41018

Summary Calendar

 

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

VICENTE ALEMAN-ALVAREZ,

 DefendantAppellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-01-CR-459-ALL

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

June 7, 2002

Before JOLLY, STEWART and PARKER, Circuit Judges.

PER CURIAM:*

Vicente Aleman-Alvarez (Aleman) has appealed his guilty-plea conviction of conspiracy to

possess more than five kilograms of cocaine with intent to distribute it. We AFFIRM.

Aleman contends that he is entitled to reversal because there was an inadequate factual basis

for his plea. See FED. R. CRIM. P. 11(f). He relies on his assertion that he did not know that he was

transporting more than 30 kilograms of cocaine, but thought that only a small quantity of marijuana
-2-

was involved. Aleman asserts that Apprendi v. New Jersey, 530 U.S. 466 (2000), has abrogated

United St ates v. Valencia-Gonzales, 172 F.3d 344 (5th Cir. 1999), which states that the relevant

statutes mandate “a strict liability punishment based on which controlled substance, and how much

of it, is involved in the offense.”

Aleman’s contention is refuted by the transcript of his rearraignment hearing. In that

proceeding, he admitted under oath that he had agreed to transport the cocaine from Coahuila,

Mexico, to San Antonio, Texas, for renumeration. Thus, there was an ample factual basis even if it

is assumed that now a defendant in a drug-trafficking case must know what drug and how much of

it was involved. See United States v. Peters, 283 F.3d 300, 307 (5th Cir.)(elements of drugconspiracy offense), petition for cert. filed, (U.S. Apr. 4, 2002) (No. 01-9578).

AFFIRMED.
#### UNITED STATES of America, Plaintiff—Appellee, v. Dino R. BRADLEY, Defendant—Appellant.

No. 07-50494.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 17, 2008.*

Filed Jan. 7, 2009.

Jason P. Gonzalez, Esquire, Michael J. Raphael, Esquire, Assistant U.S., Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Stephen Gary Frye, Esquire, Law Offices of Stephen G. Frye, Los Angeles, CA, for Defendant-Appellant.

Before: GOODWIN, WALLACE, and TROTT, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Dino R. Bradley appeals from the district court’s order denying a motion under Federal Rule of Criminal Procedure 35(b) to reduce his sentence. We have jurisdiction pursuant to 18 U.S.C. § 3742(a), and we affirm.

Bradley contends that the district court erred by denying his Rule 35 motion, because he did in fact comply with the timing requirements of the rule. This contention fails as the district court correctly found that Bradley could have reasonably anticipated, within one year of sentencing, that the information he ultimately provided would be useful to the government. *See*Fed.R.Crim.P. 35(b)(2)(C).

Bradley also contends that the government’s refusal to file a motion pursuant to Rule 35(b) was based upon an unconstitutional motive. There is no evidence in the record to support this claim. *See Wade v. United States,*504 U.S. 181, 185-86, 112 S.Ct. 1840, 118 L.Ed.2d 524 (1992); *United States v. Leonti,*326 F.3d 1111, 1119 (9th Cir.2003).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
# C_2020087EN.01001001.xml

| 16.3.2020 | EN | Official Journal of the European Union | C 87/10 |
| --- | --- | --- | --- |

16.3.2020

EN

Official Journal of the European Union

C 87/10

---

Request for a preliminary ruling from the Bundesfinanzgericht (Austria) lodged on 20 December 2019 — Titanium Ltd

(Case C-931/19)

(2020/C 87/14)

Language of the case: German

Referring court

Bundesfinanzgericht

Parties to the main proceedings

Appellant: Titanium Ltd

Respondent authority: Finanzamt Wien 1/23

Question referred (1)

Is the term ‘fixed establishment’ to be interpreted as meaning that the existence of human and technical resources is always necessary and therefore that the service provider’s own staff must be present at the establishment, or can — in the specific case of the letting, subject to tax, of a property situated in national territory, which constitutes only a passive tolerance of an act or situation — that property, even without human resources, be regarded as a ‘fixed establishment’?

---

(1)  On the interpretation of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1), as amended by Directive 2008/8/EC (OJ 2008 L 44, p. 11), and Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112 (OJ 2011 L 77, p. 1).

---
#### William P. Levy et al., Appellants, v Town of Kent et al., Respondents.

In a negligence action to recover damages for personal injuries resulting from water contamination, plaintiffs appeal from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19,1983, which, upon the motion of the defendants Putnam County and Putnam County Board of Health to dismiss the complaint as against them for nonjoinder of the State of New York as a necessary party, dismissed the complaint as against all defendants “without prejudice to the right of the plaintiffs to pursue their claim against the defendants in the Court of Claims”.

Order reversed, without costs or disbursements, and motion denied. *(See, Baisley v Town of Kent,*111 AD2d 299.) Thompson, J. P., Brown, Niehoff and Lawrence, JJ., concur.
CERTIFICATE
                                       FOR
                         RENEWAL AND REVIVAL OF CHARTER
                                       OF

                                  COLMENA CORP.

     Colmena Corp., a corporation under the laws of Delaware, the certificate of
incorporation  of which was filed in the office of the Secretary of State on the
9th day of August,  2001,  the  charter  of which was voided for  failure to pay
taxes and penalty, now desires to procure a restoration,  renewal and revival of
its charter, and hereby certifies as follows:

FIRST:    The name of the corporation is:

               Colmena Corp.,

SECOND:   It's  registered  office in the State of  Delaware  is  located  at 25
          Greystone Manor,  Lewes, DE 19958,  County of Sussex.  The name of its
          registered agent is Harvard Business Services, Inc.

THIRD:    The date when the restoration,  renewal, and revival of the charter of
          this company is to commence is the Twenty-ninth day of February,  2000
          same being prior to the date of the  expiration  of the charter.  This
          renewal  and  revival  of the  charter  of this  corporation  is to be
          perpetual.

FOURTH:   This  corporation  was duly  organized  and  carried  on the  business
          authorized by its charter  until the First day of March A.D.  2000, at
          which time its charter became  inoperative and void for failure to pay
          taxes and  penalty,  and this  certificate  for renewal and revival is
          filed by authority of the duly elected directors of the corporation in
          accordance with the laws of the State of Delaware.

     IN TESTIMONY WHEREOF,  and in compliance with the provisions of Section 312
of the General Corporation Law of the State of Delaware,  as amended,  providing
for the renewal,  extension and  restoration  of charter of Colmena  Corp.  have
hereunto signed by the last and acting President,  to this certificate this 10th
day of August , 2001.


                                                BY:    /s/Edward C. Dmytryk

                                                 Name:    Edward C. Dmytryk

                                                          Title:   President

                                    Page 57
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 Yosemite Mortgage Fund II, LLC (the
"Issuer") on Form 10-KSB/A for the fiscal year ended December 31, 2004, filed
with the Securities and Exchange Commission on or about the date hereof, I,
Steven M. Pontes, General Manager of MFP Management LLC, the Manager of the
Issuer, and the equivalent of the chief executive officer and chief financial
officer of the Issuer, certify that the Report on Form 10-KSB containing the
financial statements of the Issuer fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)
or 78o(d)) and that information contained in the periodic report fairly
presents, in all material respects, the financial condition and results of
operations of the Issuer.



Date:   March 18, 2005



 /s/ Steven M. Pontes
----------------------------------
Steven M. Pontes, General Manager,
MFP Management LLC, Manager
<PAGE>
                                                                    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 Town Sports International, 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,
Robert Giardina, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. (Section Mark)1350, as adopted pursuant to (Section Mark)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.


/s/ ROBERT GIARDINA
Town Sports International, Inc.
Chief Executive Officer
November 4, 2002
#### In the Matter of the Arbitration between Allcity Insurance Company, Respondent, and Eveready Insurance Company, Appellant.

—Order and judgment (one paper), Supreme Court, New York County (Robert White, J.), entered on or about June 17, 1985, unanimously affirmed for the reasons stated by Robert White, J., at Special Term. Petitioner-respondent shall recover of appellant $75 costs and disbursements of this appeal. Concur—Kupferman, J. P., Sullivan, Carro, Fein and Ellerin, JJ.