alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32



OFFICERS CERTIFICATION



Pursuant to Section 906 of the Corporate Fraud Accountability Act of 2002 (18 U.S.C.§ 1350, as adopted), Richard S. Gilbert, Chief Executive Officer
of Copper Mountain Networks, Inc. (the Company), and Michael O. Staiger, Chief Financial Officer of the Company, each hereby certify that, to the best of their knowledge:



| | 1. | The Companys Quarterly Report on Form 10-Q for the period ended September 30, 2003, and to which this Certification is attached as Exhibit 99.1, (the Periodic
Report) fully complies with the requirements of section 13(a) or section 15(d) of the Securities Exchange Act of 1934; and
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



IN WITNESS WHEREOF, the undersigned have
set their hands hereto as of the 4th day of November, 2003.



/s/

Richard S. GilbertRichard S. GilbertChairman andChief Executive Officer/s/

Michael O. StaigerMichael O. StaigerExecutive Vice President,Chief Financial Officerand Secretary
#### MATTHEWS, Respondent, v. MATTHEWS, Appellant.

(Supreme Court, Appellate Division, Third Department.

July 7, 1896.)

Action by Helen Matthews against Horace Matthews.

No opinion. Judgment modified by reducing it to the sum of $70, being items of $30 for repairs (finding No. 7), and $40 for hay (finding No. 3), with interest from March 2, 1888, and, as so modified, affirmed, without costs of this appeal to either party. PUTNAM and HERRICK, JJ„ dissent.
Case: 1:02-cr-00509 Document #: 1 Filed: 05/21/02 Page 1 of 9 PageID #:1
Case: 1:02-cr-00509 Document #: 1 Filed: 05/21/02 Page 2 of 9 PageID #:2
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Case: 1:02-cr-00509 Document #: 1 Filed: 05/21/02 Page 4 of 9 PageID #:4
Case: 1:02-cr-00509 Document #: 1 Filed: 05/21/02 Page 5 of 9 PageID #:5
Case: 1:02-cr-00509 Document #: 1 Filed: 05/21/02 Page 6 of 9 PageID #:6
Case: 1:02-cr-00509 Document #: 1 Filed: 05/21/02 Page 7 of 9 PageID #:7
Case: 1:02-cr-00509 Document #: 1 Filed: 05/21/02 Page 8 of 9 PageID #:8
Case: 1:02-cr-00509 Document #: 1 Filed: 05/21/02 Page 9 of 9 PageID #:9
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1437 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1437

       To suspend until January 1, 2001, the duty on a chemical.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 7, 1997

   Mr. Helms introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
       To suspend until January 1, 2001, the duty on a chemical.

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

SECTION 1. SUSPENSION OF DUTY.

    Subchapter II of chapter 99 of the Harmonized Tariff Schedule of 
the United States is amended by inserting in numerical sequence the 
following new item:

      

``    9902.32.14     1,3-                                                                                       
                      Naphthalenedisul                                                                          
                      fonic acid, 6-                                                                            
                      amino- (CAS No.                                                                           
                      118-33-2)                                                                                 
                      (provided for in                                                                          
                      subheading                                                                                
                      2921.45.90.90)..  Free              No change        No change        On or before 12/    
                                                                                             31/2000            
                                                                                                              ''

SEC. 2. APPLICABILITY.

    The amendment made by section 1 applies with respect to goods 
entered, or withdrawn from warehouse for consumption, on or after the 
15th day after the date of enactment of this Act.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<PERIOD-START>                             JAN-01-1997
<CASH>                                      42,766,000
<SECURITIES>                                25,390,000
<RECEIVABLES>                               23,235,000
<ALLOWANCES>                                (2,758,000)
<INVENTORY>                                  5,103,000
<CURRENT-ASSETS>                             7,885,000
<PP&E>                                     178,553,000
<DEPRECIATION>                             (50,091,000)
<TOTAL-ASSETS>                             397,039,000
<CURRENT-LIABILITIES>                       29,863,000
<BONDS>                                    200,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       135,000
<OTHER-SE>                                 157,515,000
<TOTAL-LIABILITY-AND-EQUITY>               397,039,000
<SALES>                                     12,335,000
<TOTAL-REVENUES>                           111,922,000
<CGS>                                       14,331,000
<TOTAL-COSTS>                               27,114,000
<OTHER-EXPENSES>                            54,513,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          14,261,000
<INCOME-PRETAX>                                643,000
<INCOME-TAX>                                 1,241,000
<INCOME-CONTINUING>                           (598,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                             (3,959,000)
<CHANGES>                                            0
<NET-INCOME>                                (4,557,000)
<EPS-PRIMARY>                                     (.35)
<EPS-DILUTED>                                        0
        

</TABLE>
Case: 1:01-cv-07037 Document #: 63 Filed: 11/20/03 Page 1 of 13 PageID #:1238
Case: 1:01-cv-07037 Document #: 63 Filed: 11/20/03 Page 2 of 13 PageID #:1239
Case: 1:01-cv-07037 Document #: 63 Filed: 11/20/03 Page 3 of 13 PageID #:1240
Case: 1:01-cv-07037 Document #: 63 Filed: 11/20/03 Page 4 of 13 PageID #:1241
Case: 1:01-cv-07037 Document #: 63 Filed: 11/20/03 Page 5 of 13 PageID #:1242
Case: 1:01-cv-07037 Document #: 63 Filed: 11/20/03 Page 6 of 13 PageID #:1243
Case: 1:01-cv-07037 Document #: 63 Filed: 11/20/03 Page 7 of 13 PageID #:1244
Case: 1:01-cv-07037 Document #: 63 Filed: 11/20/03 Page 8 of 13 PageID #:1245
Case: 1:01-cv-07037 Document #: 63 Filed: 11/20/03 Page 9 of 13 PageID #:1246
Case: 1:01-cv-07037 Document #: 63 Filed: 11/20/03 Page 10 of 13 PageID #:1247
Case: 1:01-cv-07037 Document #: 63 Filed: 11/20/03 Page 11 of 13 PageID #:1248
Case: 1:01-cv-07037 Document #: 63 Filed: 11/20/03 Page 12 of 13 PageID #:1249
Case: 1:01-cv-07037 Document #: 63 Filed: 11/20/03 Page 13 of 13 PageID #:1250
#### The People of the State of New York, Respondent, v Richard Bianco, Appellant.

— Judgment unanimously affirmed *(see, People v Salamino,*107 AD2d 827). (Appeal from judgment of Monroe County Court, Wisner, J. — criminal possession of stolen property, first degree.) Present — Callahan, J. P., Denman, Boomer, Pine and Schnepp, JJ.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>

         THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
    FROM THE HAGLER BAILLY, INC. UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS
  FOR THE NINE MONTHS ENDED SEPTEMBER 30, 1997 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-START>                                 JAN-01-1997
<PERIOD-END>                                   SEP-30-1997
<CASH>                                         3,100,379
<SECURITIES>                                   0
<RECEIVABLES>                                  29,639,440
<ALLOWANCES>                                   1,210,921
<INVENTORY>                                    0
<CURRENT-ASSETS>                               47,063,120
<PP&E>                                         5,823,310
<DEPRECIATION>                                 2,711,481
<TOTAL-ASSETS>                                 58,314,785
<CURRENT-LIABILITIES>                          15,496,460
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       90,311
<OTHER-SE>                                     42,651,446
<TOTAL-LIABILITY-AND-EQUITY>                   58,314,785
<SALES>                                        73,261,785
<TOTAL-REVENUES>                               73,261,785
<CGS>                                          55,868,411
<TOTAL-COSTS>                                  55,868,411
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             774,645
<INCOME-PRETAX>                                8,277,179
<INCOME-TAX>                                   3,301,686
<INCOME-CONTINUING>                            4,975,493
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                760,652
<CHANGES>                                      0
<NET-INCOME>                                   5,736,145
<EPS-PRIMARY>                                  0.80
<EPS-DILUTED>                                  0.70
        


</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

TAVIS MILLER, 3:14-CV-00872-PK

Plaintiff, ORDER

v. 

 

UNITED PARCEL SERVICE, INC.,

 Defendant.

BROWN, Judge.

On May 13, 2016, Magistrate Judge Paul Papak issued an Order

(#55) denying Plaintiff’s Motion (#48) to Amend to Assert Claims

for Punitive Damages. On May 19, 2016, Plaintiff filed

Objections to the Order denying Plaintiff's Motion. The matter

is now before this Court pursuant to Federal Rule of Civil

Procedure 72(a).

In accordance with Rule 72(a), "[w]hen a pretrial matter not

dispositive of a party's claim or defense is referred to a

magistrate judge to hear and decide, the magistrate judge must

promptly conduct the required proceedings and, when appropriate,

issue a written order stating the decision." If a ruling on a

1 - ORDER

Case 3:14-cv-00872-SI Document 57 Filed 06/22/16 Page 1 of 3
motion is not determinative of "a party's claim or defense," it

is not dispositive.1 Generally the standard of review for an

order with objections is "clearly erroneous" or "contrary to

law." See also 28 U.S.C. § 636(b)(1)(A)(applying the "clearly

erroneous or contrary to law" standard of review for

nondispositive motions). Nondispositive motions, however, are

not subject to the de novo review that is required for findings

and recommendations that address dispositive motions. See Title

28 U.S.C. § 636(b)(1)(B). 

This Court has carefully considered Plaintiff’s Objections

and concludes they do not provide a basis to modify the

Magistrate Judge's Order. This Court also has reviewed the

pertinent portions of the record de novo and does not find any

error.

CONCLUSION

The Court AFFIRMS Magistrate Judge Papak's Order (#55)

1 A Motion for Leave to Amend is a nondispositive motion. 

See Lonn v. Health, No. 1:14–CV–00031–EJL, 2015 WL 5257115, at

n.1 (D. Idaho Sept. 2, 2015)(“[A] motion to amend [is] considered

a nondispositive motion within the jurisdiction of a United

States Magistrate Judge to determine.”); Gessele v. Jack in the

Box, Inc., 10-CV-00960-BR, 2013 WL 4542033, at *3 (D. Or. 

Aug. 27, 2013)(“[T]his Court has held motions for leave to amend

are not dispositive motions, and, therefore, they are reviewed

under the ‘clearly erroneous’ or ‘contrary to law’ standard.”

(citing Tate v. Bennett Law, PLLC, No. 3:12–CV–00590–SU, 2013 WL

1751289, at *1 (D. Or. Apr. 22, 2013)). 

2 - ORDER

Case 3:14-cv-00872-SI Document 57 Filed 06/22/16 Page 2 of 3
denying Plaintiff's Motion (#48) to Amend to Assert Claims for

Punitive Damages. 

IT IS SO ORDERED.

DATED this 22nd day of June, 2016.

/s/ Anna J. Brown

 

ANNA J. BROWN

United States District Judge

3 - ORDER

Case 3:14-cv-00872-SI Document 57 Filed 06/22/16 Page 3 of 3
|    |                                                                                                 |
|----|-------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this Amendment No. 1 to Annual Report on Form 10-K of Emeritus Corporation; and |

|    |                                                                                                                                                                                                                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 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. |

|                      |
|----------------------|
|                      |  |
| Date: April 29, 2014 |   |
|                 | /s/ Granger Cobb |
|                 | Granger Cobb |
|                 | Chief Executive Officer |
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the interim
financial statements of Globus International Resources Corp. as at and for the
three months ended December 31, 1998 and is qualified in its entirety by
reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              SEP-30-1999
<PERIOD-START>                                 OCT-01-1998
<PERIOD-END>                                   DEC-31-1998
<CASH>                                         239,923
<SECURITIES>                                   0
<RECEIVABLES>                                  3,298,653
<ALLOWANCES>                                   600,000
<INVENTORY>                                    1,584,742
<CURRENT-ASSETS>                               5,741,888
<PP&E>                                         124,213
<DEPRECIATION>                                 78,553
<TOTAL-ASSETS>                                 6,031,950
<CURRENT-LIABILITIES>                          2,767,859
<BONDS>                                        0
<PREFERRED-MANDATORY>                          7,772,000
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     3,256,319
<TOTAL-LIABILITY-AND-EQUITY>                   6,031,950
<SALES>                                        2,768,294
<TOTAL-REVENUES>                               2,768,294
<CGS>                                          2,623,553
<TOTAL-COSTS>                                  154,017
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             42,373
<INCOME-PRETAX>                                (51,649)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (51,649)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (51,649)
<EPS-BASIC>                                  (0.01)
<EPS-DILUTED>                                  (0.01)



</TABLE>
**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**

 

Each of the undersignedhereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, in his capacity as anofficer of Force Protection, Inc. (the “Company”), that, to his knowledge,the Quarterly Report of the Company on Form 10-Q for the period endedSeptember 30, 2010, fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. § 78m or 78o(d)) and that the information contained in such reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.  Thiswritten statement is being furnished to the Securities and Exchange Commissionas an exhibit to such Form 10-Q. A signed original of this statement hasbeen provided to the Company and will be retained by the Company and furnishedto the Securities and Exchange Commission or its staff upon request.

 

 
|                    |   |                                                 |
|-------------------------|--------|------------------------------------------------------|
| Date:  November 3, 2010 |   | /s/ MICHAEL MOODY                                    |
|                    |   | **Michael Moody**                                    |
|                    |   | **Chairman, Chief Executive Officer  and President** |
|                    |   |                                                 |
| Date:  November 3, 2010 |   | /s/ CHARLES MATHIS                                   |
|                    |   | **Charles Mathis**                                   |
|                    |   | **Chief Financial Officer**                          |

 

 

This exhibit shall not bedeemed “filed” for purposes of Section 18 of the Securities Exchange Actof 1934 or otherwise subject to the liabilities of that Section, nor shall itbe deemed incorporated by reference in any filings under the Securities Act of1933 or the Securities Exchange Act of 1934, whether made before or after thedate hereof and irrespective of any general incorporation language in anyfilings.

 

1

----
#### In the Matter of Carlos Tosté, Petitioner, v Brian Fischer, as Commissioner of Corrections and Community Supervision, Respondent.

[943 NYS2d 693]—

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

A correction officer heard a disturbance and headed to the television room where he observed petitioner on top of another inmate striking him with his hand in an up and down manner that suggested that he had a weapon. After the two were separated and petitioner was leaving the room, the officer noticed petitioner toss an object into a nearby cube. The object, which turned out to be a cutting-type weapon, was recovered from the nearby cube with remnants of blood and skin, and the other inmate sustained injuries consistent with being struck by this object. As a result of this incident, petitioner was charged in a misbehavior report with fighting, assaulting another inmate, creating a disturbance and possessing a weapon. Following a tier III disciplinary hearing, he was found guilty of all *1512charges. The charge of fighting was dismissed on administrative appeal, but the remainder of the determination was upheld. This CPLR article 78 proceeding ensued.

We confirm. Petitioner’s plea of guilty to the charge of creating a disturbance precludes him from challenging the sufficiency of the evidence supporting this charge *(see Matter of Cruz v Walsh,*87 AD3d 1234, 1234 [2011]; *Matter of Correnti v Fischer,*83 AD3d 1354, 1354 [2011]). As for the remaining charges, the misbehavior report, together with the testimony of its author and the documentary evidence, provide substantial evidence supporting the determination of guilt *(see Matter of Daughtry v Bezio,*84 AD3d 1623, 1624 [2011], *lv denied*17 NY3d 709 [2011]; *Matter of Cruz v Goord,*41 AD3d 1122, 1122-1123 [2007]). Contrary to petitioner’s claim, there is nothing in the record to indicate that the Hearing Officer was biased or that the determination flowed from any alleged bias *(see Matter of Smith v Fischer,*87 AD3d 1198, 1199 [2011]; *Matter of Coleman v Fischer,*87 AD3d 778, 779 [2011]). Petitioner’s remaining contentions, including his challenge to the sufficiency of the misbehavior report, have not been preserved for our review.

Peters, RJ., Lahtinen, Malone Jr., McCarthy and Egan Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
**CERTIFICATION      PURSUANT TO 18 U.S.C. SECTION 1350, **

**AS      ADOPTED PURSUANT TO SECTION 906 **

**OF      THE SARBANES-OXLEY ACT OF 2002 **

|   | 1. | The                Annual 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 Annual Report fairly presents, in all                material respects, the financial condition and results of operations                of                the Company. |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   /s/                Daniel R. Baty |
|--------|-----------------------------------------------|
|   | Daniel                R. Baty                 |
|   | Chief                Executive Officer        |
|   | March                15, 2007                 |