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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-8073

CHARLES LLEWYLN, a/k/a Owen Oddman,

Plaintiff - Appellant,

versus

BOBBY LEE MEDFORD, Sheriff, Buncombe County;

LIEUTENANT EVANS, Facility Administration,

Defendants - Appellees.

Appeal from the United States District Court for the Western

District of North Carolina, at Asheville. Graham C. Mullen, Chief

District Judge. (CA-01-54-MU)

Submitted: June 13, 2002 Decided: June 18, 2002

Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Charles Llewyln, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* To the extent Appellant seeks to appeal the Court’s order

denying § 1983 relief, his December 10, 2001 notice of appeal is

untimely as to that order, which was entered on the court’s docket

on July 30, 2001. Appellant never sought an extension of time in

which to appeal or reopening of the appeal period under Fed. R.

App. P. 4(a)(5) or (a)(6). We have construed Appellant’s informal

brief filed in this Court as a timely notice of appeal from the

denial of reconsideration. See Smith v. Barry, 502 U.S. 244, 248

(1992).

2

PER CURIAM:

Charles Llewyln appeals the district court’s order denying his

Fed. R. Civ. P. 60(b) motion to reconsider its denial of relief

under 42 U.S.C.A. § 1983 (West Supp. 2001).* We have reviewed the

record and the district court’s order and find no reversible error.

Accordingly, we affirm on the reasoning of the district court. See

Llewyln v. Medford, No. CA-01-54-MU (W.D.N.C. Jan. 29, 2002). We

dispense with oral 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
Exhibit 31.1**CERTIFICATIONS**     I, Steven G. Murdock, certify that:     1. I have reviewed this quarterly report on Form 10-Q of Meade Instruments Corp.;     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations 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 andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which this report isbeing prepared;  b) evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures as of the end of the period covered by this report based on suchevaluation; and  c) disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and     5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee 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 ofinternal control over financial reporting which are reasonably likely to adversely affectthe 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 whohave a significant role in the registrant’s internal control over financial reporting.     Date: October 15, 2005By: /s/ Steven G. Murdock       President, CEO and Secretary
Exhibit 31.2**CERTIFICATIONS**     I, Brent W. Christensen, certify that:     1. I have reviewed this quarterly report on Form 10-Q of Meade Instruments Corp.;     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations 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 andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which this report isbeing prepared;  b) evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures as of the end of the period covered by this report based on suchevaluation; and  c) disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and     5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee 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 ofinternal control over financial reporting which are reasonably likely to adversely affectthe 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 whohave a significant role in the registrant’s internal control over financial reporting     Date: October 15, 2005By: /s/ Brent W. Christensen       Senior Vice President — Finance and CFO
Document

Exhibit 10.4

AMENDMENT NO. 1 TO DISTRIBUTION AGREEMENT


April 28, 2021
						
	Wells Fargo Securities, LLC
500 West 33rd Street
New York, New York 10001
	


Ladies and Gentlemen:
Reference is made to the Distribution Agreement, dated February 14, 2020 (the “Agreement”), by and among First Industrial Realty Trust, Inc., a Maryland corporation (the “Company”), First Industrial, L.P., a Delaware limited partnership whose sole general partner is the Company (the “Operating Partnership”), and Wells Fargo Securities, LLC, as agent and/or principal (the “Agent”). The Company, the Operating Partnership and the Agent (collectively, the “Parties”) wish to amend the Agreement to reflect the appointment of Morrison & Foerster LLP as counsel for the Agents (this “Amendment”). The Parties therefore hereby agree as follows:
1.Opinion and Negative Assurance Letter of Counsel for the Agents.  Sections 5(b) and 6(e) of the Agreement are hereby amended so that the reference to “Clifford Chance US LLP” is deleted and replaced with “Morrison & Foerster LLP”.
2.Governing Law. THIS AMENDMENT AND ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF, THE STATE OF NEW YORK WITHOUT REGARD TO ITS CHOICE OF LAW PROVISIONS.
3.Counterparts.  This Amendment may be executed in one or more counterparts and, if executed in more than one counterpart, the executed counterparts hereof shall constitute a single instrument.  This Amendment may be delivered by any party by facsimile or other electronic transmission.
4.Agreement Remains in Effect.  Except as provided herein, all provisions, terms and conditions of the Agreement shall remain in full force and effect.  As amended hereby, the Agreement is ratified and confirmed in all respects.


    Terms used herein but not otherwise defined are used herein as defined in the Agreement.









If the foregoing is in accordance with your understanding of our agreement, please sign and return to the Company a counterpart hereof; whereupon this instrument, along with all counterparts, will become a binding agreement among the Company, the Operating Partnership and the Agent in accordance with its terms.


Very truly yours,
FIRST INDUSTRIAL REALTY TRUST, INC.




By: /s/ Scott A. Musil__________________
Name: Scott A. Musil
Title: Chief Financial Officer, Treasurer and Assistant Secretary


FIRST INDUSTRIAL, L.P.
By: First Industrial Realty Trust, Inc., as its sole general partner




By: /s/ Scott A. Musil__________________
Name: Scott A. Musil
Title: Chief Financial Officer, Treasurer and Assistant Secretary
[Amendment No. 1 to Distribution Agreement Signature Page]







The foregoing Amendment No. 1 to 
the Agreement is hereby confirmed
and accepted as of the date first
written above.




WELLS FARGO SECURITIES, LLC
     


By: /s/ Elizabeth Alvarez________
    Name: Elizabeth Alvarez
    Title: Managing Director
[Amendment No. 1 to Distribution Agreement Signature Page]
EXHIBIT 31.2  CERTIFICATION  I, the Chief Financial 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:May 15, 2007/s/ Michael E. HaylonName:Michael E. HaylonTitle:Executive Vice President and Chief Financial Officer
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER OF CONTINUING ABATEMENT

Appellate case name: Henry Earl Cosey v. The State of Texas

Appellate case number: 01-11-00309-CR

Trial court case number: 599361 (Count ll)

Trial court: 208th District Court of Harris County

This case was abated and remanded to the trial court on July 18, 2012. In the order of 

abatement, we ordered the trial court to conduct a hearing to determine whether appellant still 

wishes to pursue this appeal, to grant or deny appellant’s counsel’s motion to withdraw, and, if 

the motion was granted, to appoint new appellate counsel. We further ordered the trial court 

clerk and the court reporter to file their respective records of the hearing no later than August 10, 

2012. Nevertheless, neither the trial court clerk nor the court reporter has filed a record.

Further, on September 10, 2012, appellant filed a “Motion for Bench Warrant” with the 

Clerk of this Court, requesting that he be transported “to this court for hearing in this matter so 

that [he] may give testimony.” This motion shows that appellant still wishes to pursue an appeal.

Accordingly, we continue the abatement of this case and ORDER the trial court, within 

five days of the date of this order,1 to appoint new appellate counsel to represent appellant in this 

appeal and to issue a written order of appointment, separate and apart from any docket sheet 

notation. See TEX. CODE CRIM. PROC. ANN. art. 26.04(p), 64.01(c), 64.05 (West Supp. 2011); 

Fowler v. State, 874 S.W.2d 112, 114 (Tex. App.—Austin 1994, order, pet. ref’d). We further 

ORDER the trial court clerk to file a supplemental clerk’s record containing the trial court’s 

order appointing counsel to represent appellant and the trial court’s order on “Motion to 

Withdraw as Attorney of Record” (image number 53210225) no later than 10 days from the date 

of this order. Finally, appellant’s “Motion for Bench Warrant” is DENIED.

Judge’s signature:/s/ Justice Terry Jennings

 Acting individually  Acting for the Court

Date: September 20, 2012

 1 Because the trial court has previously found appellant indigent, no hearing is necessary 

and appellant need not be present at the time the trial court appoints new counsel.
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Daniel Wayne Curtis v. The State of Texas

Appellate case number: 01

- 1 5

- 01 0 1 7

- CR

Trial court case number: 1 9 60 764

Trial court: County Criminal Court at Law No. 11 of Harris County

This case was abated and remanded to the trial court based on the court reporter’s

failure to file the reporter’s record in this appeal . On July 20 , 201 6

, the court reporter,

Elizabeth Cordova

, filed the reporter’s record with exhibits

. Accordingly, w e withdraw

our July 19, 201 6 abatement order, and reinstate this case on the Court’s active docket.

Appellant’s brief is due to be filed within 30 days of the date of this order

. See

T EX

. R. A PP

. P . 38.6( a ).

It is so ORDERED.

Judge’s signature: /s/ Russell Lloyd

 Acting individually

Date: August 2, 2016
Exhibit
        13.1
 
 Credicorp
        Ltd.
 Certification
        Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
 (18
        U.S.C. Section 1350)
 
 Pursuant
        to the requirements of Section 906 of the Sarbanes-Oxley Act of 2002 (18
        U.S.C.
        Sections 1350(a) and (b)), the undersigned hereby certifies as
        follows:
 
 1.  I
        am the
        Chairman Executive Officer of Credicorp Ltd. (the “Company”).
 
 2.  To
        my
        knowledge:
 
 (A)  The
        Company’s Annual Report on Form 20-F for the year ended December 31, 2006
        accompanying this Certification, in the form filed with the Securities and
        Exchange Commission (the “Report”), fully complies with the requirements of
        Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
 
 (B)  The
        information in the Report fairly presents, in all material respects, the
        financial condition and results of operations of the Company.
 Dated:
                        July 25, 2007/s/
                          DIONISIO ROMEROName:
                    Dionisio RomeroTitle:
                          Chief Executive
                          Officer
EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF
FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Paul DePond, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Notify Technology Corporation on Form 10-QSB for the
fiscal quarter ended December 31, 2003 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-QSB fairly presents in all material
respects the financial condition and results of operations of Notify Technology Corporation.



By:

/s/ Paul F. DePondName:

Paul F. DePondTitle:

Chief Executive Officer




I, Gerald W. Rice, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Notify Technology Corporation on Form 10-QSB for the fiscal quarter ended December 31, 2003 fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-QSB fairly presents in all material respects the financial condition and results of operations of
Notify Technology Corporation.



By:

/s/ Gerald W. RiceName:

Gerald W. RiceTitle:

Chief Financial Officer




A signed original of this
written statement required by Section 906 has been provided to Notify Technology Corporation and will be retained by Notify Technology Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER



PURSUANT TO



18 U.S.C. SECTION 1350,



AS ADOPTED PURSUANT TO



SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Paul DePond, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Notify Technology Corporation on Form 10-QSB for the fiscal quarter ended March 31, 2004 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange
Act of 1934 and that information contained in such Quarterly Report on Form 10-QSB fairly presents in all material respects the financial condition and results of operations of Notify Technology Corporation.



By:

/s/ Paul F. DePondName:

Paul F. DePondTitle:

Chief Executive Officer




I, Gerald W. Rice, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Notify Technology Corporation on Form 10-QSB for the fiscal quarter ended March 31, 2004 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-QSB fairly presents in all material respects the financial condition and results of operations of Notify
Technology Corporation.



By:

/s/ Gerald W. RiceName:

Gerald W. RiceTitle:

Chief Financial Officer




A signed original of this
written statement required by Section 906 has been provided to Notify Technology Corporation and will be retained by Notify Technology Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THIS FORM
10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          APR-30-2000
<PERIOD-END>                               APR-30-2000
<CASH>                                         777,787
<SECURITIES>                                     1,354
<RECEIVABLES>                                  150,999
<ALLOWANCES>                                     5,601
<INVENTORY>                                          0
<CURRENT-ASSETS>                               966,589
<PP&E>                                          52,572
<DEPRECIATION>                                  18,681
<TOTAL-ASSETS>                               1,316,446
<CURRENT-LIABILITIES>                          257,789
<BONDS>                                        564,464
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           374
<OTHER-SE>                                     475,736
<TOTAL-LIABILITY-AND-EQUITY>                 1,316,446
<SALES>                                         85,239
<TOTAL-REVENUES>                               153,682
<CGS>                                            3,775
<TOTAL-COSTS>                                  167,004
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   370
<INTEREST-EXPENSE>                               5,967
<INCOME-PRETAX>                                (13,322)
<INCOME-TAX>                                     3,207
<INCOME-CONTINUING>                            (12,383)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (12,383)
<EPS-BASIC>                                      (0.03)<F1>
<EPS-DILUTED>                                    (0.03)
<FN>
<F1>For purposes of this exhibit, primary means basic.
</FN>


</TABLE>