alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 31.1    CERTIFICATION  I, the Chief Executive Officer of PHL Variable Insurance Company (the registrant), certify that:  1. I have reviewed this Quarterly Report on Form 10-Q of the registrant;  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)) 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 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:November 8, 2007/s/ Philip K. PolkinghornName:Philip K. PolkinghornTitle:President
#### Josephson LLC, Doing Business as The Moinian Group, et al., Respondents, v Column Financial, Inc., et al., Appellants, et al., Defendants.

[941 NYS2d 495]

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered on or about January 5, 2011, which denied defendants Column Financial, Inc. and Credit Suisse Securities (USA) LLC’s motion for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Defendants contend that the breach of contract cause of action should be dismissed because the subject contract expressly prohibits oral modifications and the alleged oral agreement is barred by the Statute of Frauds *(see*General Obligations Law § 15-301). Plaintiffs failed to raise an issue of fact whether there was a partial performance of the contract that would permit enforcement of the oral modification *(see F. Garofalo Elec. Co. v New York Univ.,*270 AD2d 76, 80-81 [2000], *lv dismissed*95 NY2d 825 [2000]). The act they identify as partial performance, i.e., the delivery of the purchase price to the title company, is not “unequivocally referable” to the oral modification; it can also reasonably be regarded as preparatory to performing the contract *(see e.g. Merrill Lynch Interfunding, Inc. v Argenti,*155 F3d 113, 122-123 [1998]). Further, the record demonstrates that the parties did not agree on all the material terms of the alleged oral agreement. The deposition testimony upon which plaintiffs rely reflects a mere agreement to agree *(see e.g. Meyers Assoc., L.P. v Conolog Corp.,*61 AD3d 547 [2009]).

*480Plaintiffs abandoned their remaining claims by failing to oppose the parts of defendants’ motion that sought summary judgment dismissing those claims. Concur — Mazzarelli, J.P., Saxe, Moskowitz, Manzanet-Daniels and Román, JJ.
# Official Journal L 335/2019

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 335 |
| | |
| English edition | Legislation | Volume 6227 December 2019 |

ISSN 1977-0677

Official Journal

of the European Union

L 335

English edition

Legislation

Volume 6227 December 2019

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EU) 2019/2197 of 19 December 2019 amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products | 1 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Council Regulation (EU) 2019/2197 of 19 December 2019 amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
Case: 1:03-cv-01088 Document #: 1 Filed: 02/13/03 Page 1 of 8 PageID #:1

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Case: 1:03-cv-01088 Document #: 1 Filed: 02/13/03 Page 5 of 8 PageID #:5

Case: 1:03-cv-01088 Document #: 1 Filed: 02/13/03 Page 6 of 8 PageID #:6

Case: 1:03-cv-01088 Document #: 1 Filed: 02/13/03 Page 7 of 8 PageID #:7

Case: 1:03-cv-01088 Document #: 1 Filed: 02/13/03 Page 8 of 8 PageID #:8
PEOPLES-SIDNEY FINANCIAL CORPORATION
                                   EXHIBIT 32

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with then Quarterly Report of Peoples-Sidney Financial Corporation
(the  "Corporation")  on Form 10-QSB for the period  ended  December 31, 2004 as
furnished  with  the  Securities  and  Exchange  Commission  on the date of this
Certification  (the  "Report"),  I, Douglas  Stewart,  the  President  and Chief
Executive Officer of the Corporation, and, I, Debra A. Geuy, the Chief Financial
Officer and Treasurer of the  Corporation,  certify,  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 Corporation.


                          /s/ Douglas Stewart
                          --------------------------
                          Douglas Stewart, President and Chief Executive Officer

                          Date: February 14, 2005


                          /s/ Debra A. Geuy
                          --------------------------
                          Debra A. Geuy, Chief Financial Officer and Treasurer

                          Date: February 14, 2005


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

                                                                             29.
Michigan Supreme Court Lansing, Michigan

Marilyn Kelly, Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk June 3, 2009

0527 

# Order

June 3, 2009

138096

PAL PROPERTIES, L.L.C., Plaintiff-Appellant,

v SC: 138096 COA: 280389 Oakland CC: 2006-073149-CK TICOR TITLE INSURANCE COMPANY, Defendant-Appellee, and

CONSOLIDATED TITLE SERVICES, L.L.C., PIETRO LORIA, THOMAS MASTACUSA, and MARK CHAVES,
Defendants.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the December 9, 2008 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
Exhibit 99


                            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 on Form 10-Q of Merrill Lynch Preferred
Capital Trust II (the "Trust") and Merrill Lynch  Preferred  Funding II, L.P.
(the "Partnership")  for the period ended September 27, 2002 as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I,
John C. Stomber, Regular  Trustee of the Trust and Senior Vice President and
Treasurer of Merrill Lynch & Co., Inc., the General Partner of the Partnership,
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 Trust
    and the Partnership.




                              MERRILL LYNCH PREFERRED CAPITAL TRUST II


                              By:  /s/ JOHN C. STOMBER
                              --------------------------------------------
                              Name:  John C. Stomber *
                              Title: Regular Trustee




                               MERRILL LYNCH PREFERRED FUNDING II, L.P.


                               By: MERRILL LYNCH & CO., INC., as General Partner



                               By:  /s/ JOHN C. STOMBER
                               --------------------------------------------
                               Name:  John C. Stomber *
                               Title: Senior Vice President and Treasurer


Dated: November 7, 2002
_______________________

*  John C. Stomber functions as the equivalent of the Chief Executive Officer
   and Chief Financial Officer of each of the Trust and the Partnership for
   purposes of Section 906 of the Sarbanes-Oxley Act of 2002.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 6536** 

UNITED STATES OF AMERICA , Plaintiff

– Appellee ,

v.
LEODITUS A. SMITH, a/k/a Leo , Defendant

- Appellant

.

Appeal from the United States District Court for the Southern District of West Virginia , at Huntington

. Robert C. Chambers , District Judge. ( 3:09

- cr
- 00158

- 6 )

Submitted : May 24, 2012 Decided: May 31, 2012

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

Affirmed by un published per curiam opinion

.

Leoditus A. Smith , Appellant Pro Se. Joseph Franklin Adams , OFFICE OF THE UNITED STATES ATTORNEY , Huntington, West Virginia; Gary L. Call , Steven Loew , Assistant Un ited States Attorneys, Charleston , West Virginia, for Appellee

.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Leoditus A. Smith appeals the district court’s order
denying his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction

of sentence . We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the

district court. United States v. Smith , No. 3:09

- cr
- 00158

- 6
(S.D.W. Va. Feb. 24, 2012). We dispense with o ral 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
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 SpaceDev, Inc. (the "Company")
on  Form 10-QSB for the period ending June 30, 2005 as filed with the Securities
and  Exchange  Commission on the date hereof (the "Report"), I, James W. Benson,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Sec.1350,
as  adopted  pursuant  to  Sec.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 presents, in all
     material respects, the financial condition and results of operations of the
     Company.

Dated:  August  15,  2005


                                                     By:  /s/  James  W.  Benson
                                                     ---------------------------
                                                               James  W.  Benson
                                                       Chief  Executive  Officer

A  signed  original  of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears  in  typed  form within the electronic version of this written statement
required  by  Section  906,  has  been  provided  to  SpaceDev, Inc. and will be
retained  by  SpaceDev,  Inc.  and  furnished  to  the  Securities  and Exchange
Commission  or  its  staff  upon  request.
THE STATE OF TEXAS

M A N D A T E

TO THE 186TH JUDICIAL DISTRICT COURT OF BEXAR COUNTY, GREETINGS:

Before our Court of Appeals for the Fourth District of Texas on February 4, 2015, the cause upon appeal to

revise or reverse your judgment between

Terry Larance Jackson, Appellant(s)

V.

The State of Texas, Appellee(s)

No. 04-13-00911-CR and Tr. Ct. No. 2012CR10320

was determined, and therein our Court of Appeals made its order in these words:

In accordance with this court’s opinion of this date, the trial court’s

judgment is AFFIRMED AS MODIFIED. We order the trial court’s judgment

modified to delete the imposition of attorney’s fees.

WHEREFORE, WE COMMAND YOU to observe the order of our said Court of Appeals for the Fourth

District of Texas, in this behalf and in all things have the order duly recognized, obeyed, and executed.

Witness the Hon. Sandee Bryan Marion, Chief Justice of the Court of Appeals for the Fourth District of Texas,

with the seal of the Court affixed and the City of San Antonio on June 11, 2015.

KEITH E. HOTTLE, CLERK

Cynthia A. Martinez

Deputy Clerk, Ext. 53853
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David R Rudell    Research Plant Physiologist /ARSUserFiles/13611/2016 David Rudell.JPG  Research Program . Dr. Rudell's area of expertise is metabolomics = quantitative measurement of dynamic multiparametric metabolic responses of living systems to physiological stimuli or genetic modification).   **[BACK]**


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----

CONCLUSIONS BY THE COUNCIL

of 21 February 2005

on Youth in the framework of the mid-term review of the Lisbon Strategy

(2005/C 85/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to:

UNDERLINES:

SHARES:

CONSIDERS THAT:

INVITES THE EUROPEAN COUNCIL TO:

----
Case: 1:01-cv-05153 Document #: 2 Filed: 09/07/01 Page 1 of 9 PageID #:4
Case: 1:01-cv-05153 Document #: 2 Filed: 09/07/01 Page 2 of 9 PageID #:5
Case: 1:01-cv-05153 Document #: 2 Filed: 09/07/01 Page 3 of 9 PageID #:6
Case: 1:01-cv-05153 Document #: 2 Filed: 09/07/01 Page 4 of 9 PageID #:7
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Case: 1:01-cv-05153 Document #: 2 Filed: 09/07/01 Page 6 of 9 PageID #:9
Case: 1:01-cv-05153 Document #: 2 Filed: 09/07/01 Page 7 of 9 PageID #:10
Case: 1:01-cv-05153 Document #: 2 Filed: 09/07/01 Page 8 of 9 PageID #:11
Case: 1:01-cv-05153 Document #: 2 Filed: 09/07/01 Page 9 of 9 PageID #:12
<partyblock><br><br><div align="center"><b><font size="+1">Advantage Radiology, P.C., as Assignee of REBECCA NAHUM, Appellant,<br><br>against<br><br>Nationwide Mutual Insurance Company, Respondent.</font></b></div><br><br><p>Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated September 16, 2015. The order granted defendant's motion for summary judgment dismissing the complaint.</p><p>ORDERED that the order is affirmed, without costs.</p><p>In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the District Court which granted defendant's motion forsummary judgment dismissing the complaint on the ground that plaintiff had failed to provide requested verification.</p><p>For the reasons stated in <i>Advantage Radiology P.C., as Assignee of Sofia Dana v Nationwide Mut. Ins. Co.</i> (___ Misc 3d ___, 2017 NY Slip Op ____ [appeal No. 2015-2123 S C], decided herewith), the order is affirmed.</p><p>Marano, P.J., Garguilo and Brands, JJ., concur.</p><br>Decision Date: February 15, 2017<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the balance
sheet as of September 30, 1998, and statements of operations for the nine months
ended September 30, 1998, and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1998
<CASH>                                         128,510
<SECURITIES>                                   130,399
<RECEIVABLES>                                  734,263
<ALLOWANCES>                                         0
<INVENTORY>                                    570,318
<CURRENT-ASSETS>                             1,563,470
<PP&E>                                       2,666,619
<DEPRECIATION>                             (1,056,148)
<TOTAL-ASSETS>                               4,660,671
<CURRENT-LIABILITIES>                        4,658,903
<BONDS>                                        402,825
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        11,237
<OTHER-SE>                                   (412,294)
<TOTAL-LIABILITY-AND-EQUITY>                 4,660,671
<SALES>                                      3,551,716
<TOTAL-REVENUES>                             3,551,716
<CGS>                                        2,740,751
<TOTAL-COSTS>                                2,740,751
<OTHER-EXPENSES>                            12,314,444
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             749,262
<INCOME-PRETAX>                           (11,933,213)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (11,933,213)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (11,933,213)
<EPS-PRIMARY>                                   (1.06)
<EPS-DILUTED>                                   (1.06)
        

</TABLE>
<PAGE>   1
                                                                  EXHIBIT 10.111



                      EXTENSION LETTER FOR PROMISSORY NOTES
                          DATED AS OF DECEMBER 31, 1998


         This Extension Letter hereby amends that certain Promissory Note dated
as of July 31, 1997 for $1,500.00, by and between American Artists Film
Corporation (therein called "Obligor") and Tyrone Johnson, (therein called
"Holder") and extends the due date of said Promissory Note for a period of 365
days with all principal and any accrued but unpaid interest due on or before
December 31, 1999.

         IN WITNESS WHEREOF, the undersigned has caused this Extension Letter to
be duly executed under the seal on the date and year first above written.

                                      "OBLIGOR"



                                      By:     /s/ ROBERT MARTINEZ
                                         --------------------------------------
                                          American Artists Film Corporation
                                          1245 Fowler St., N.W.
                                          Atlanta, Georgia 30318

"HOLDER"



       /s/ TYRONE JOHNSON          
----------------------------------
          Tyrone Johnson