alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.1

Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted

pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with this Quarterly Report on Form 10-Q of Eclipsys
Corporation (the Company) for the period ended September 30, 2008 (the Report), the undersigned, R. Andrew Eckert, President and Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C.
Section 1350, 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 10, 2008



/s/ R. Andrew EckertR. Andrew EckertPresident and Chief Executive Officer
1 – OPINION AND ORDER

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

TAISSA ACHCAR-WINKELS, RAY 

ACHCAR-WINCKELS, individually and as 

Parents and Next Friends of S.A., a minor,

No. 3:15-cv-00385-ST

Plaintiffs, 

OPINION AND ORDER

v. 

LAKE OSWEGO SCHOOL DISTRICT, an 

Oregon municipal corporation; HEATHER 

BECK, an individual; IAN LAMONT, an 

individual; KAYLA NORDLUM, an 

individual; SUZANNE YOUNG, an 

individual; and UNKNOWN STAFF, 

unknown individuals,

 Defendants. 

MOSMAN, J., 

On August 21, 2015, Magistrate Judge Janice Stewart issued her Findings and 

Recommendation (F&R) [54], recommending that Defendant Suzanne Young’s Motion to 

Dismiss [38] should be GRANTED. No objections to the Findings and Recommendation were 

filed.

DISCUSSION

The magistrate judge makes only recommendations to the court, to which any party may 

file written objections. The court is not bound by the recommendations of the magistrate judge, 

but retains responsibility for making the final determination. The court is generally required to 

Case 3:15-cv-00385-YY Document 63 Filed 09/16/15 Page 1 of 2
2 – OPINION AND ORDER

make a de novo determination regarding those portions of the report or specified findings or 

recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court 

is not required to review, de novo or under any other standard, the factual or legal conclusions of 

the magistrate judge as to those portions of the F&R to which no objections are addressed. See 

Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 

(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R 

depends on whether or not objections have been filed, in either case, I am free to accept, reject, 

or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C). 

Upon review, I agree with Judge Stewart’s recommendation and I ADOPT the F&R [54] 

as my own opinion. 

IT IS SO ORDERED.

DATED this 15th day of September, 2015. 

/s/ Michael W. Mosman____ 

MICHAEL W. MOSMAN

United States District Judge

Case 3:15-cv-00385-YY Document 63 Filed 09/16/15 Page 2 of 2
**EXHIBIT 31.1**
**CERTIFICATION OF CHIEF EXECUTIVE OFFICER****PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**
I, CORNELIS WIT, certify that:
 1. I have reviewed this quarterly report on Form 10-QSB of OmniComm Systems,Inc.;
 2. Based on my knowledge, this quarterly report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances made, not misleading withrespect to the period covered by this quarterly report;
 3. Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this quarterly report;
 4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:
 (a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designated under our supervision,to ensure that material information relating to the registrant, includingits consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this quarterly report isbeing prepared;
 (b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end ofthe period covered by this quarterly report based on such evaluation; and
 (c) Disclosed in this quarterly report any changes in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscalquarter in the case of an annual report) that has materially affected, oris reasonably likely to materially affect, the registrant’s internalcontrol over financial reporting.
 5. The registrant’s other certifying officers and I have disclosed, based onour most recent evaluation of the internal controls over financial reporting,to the registrant’s auditors and the audit committee of the registrant’s boardof directors (or persons performing the equivalent functions):
 (a) All significant deficiencies and material weaknesses in the design oroperation of internal controls over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial data and have identified for the registrant’sauditors any material weaknesses in internal controls; and
 (b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal controlsover financial reporting.
By: /s/ Cornelis Wit
cc: Hon. Patrick Flanagan, District Judge Mark L. Mausert Lewis & Roca, LLP/Las Vegas Lewis & Roca, LLP/Reno Washoe District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A 2
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exhibit10-2.htm


    Exhibit
10.2

    


    WAIVER

    


    In
consideration for the benefits I will receive as a result of my employer’s
participation in the United States Department of the Treasury’s TARP Capital
Purchase Program, I hereby voluntarily waive any claim against the United States
or my employer for any changes to my compensation or benefits that are required
to comply with the regulation issued by the Department of the Treasury as
published in the Federal Register on October 20, 2008.

    


    I
acknowledge that this regulation may require modification of the compensation,
bonus, incentive and other benefit plans, arrangements, policies and agreements
(including so-called “golden parachute” agreements) that I have with my employer
or in which I participate as they relate to the period the United States holds
any equity or debt securities of my employer acquired through the TARP Capital
Purchase Program.

    


    This
waiver includes all claims I may have under the laws of the United States or any
state related to the requirements imposed by the aforementioned regulation,
including without limitation a claim for any compensation or other payments I
would otherwise receive, any challenge to the process by which this regulation
was adopted and any tort or constitutional claim about the effect of these
regulations on my employment relationship.

    


    
      	 
      	
              EXECUTIVE

            	 
      
	 
      	 
      	 
      
	 
      	 
      	 
      
	 
      	
              Name:

            	 
      
	 
      	
              Its:

            	 
      
	 
      	
              Date:
<PAGE>   1


                                                                      EXHIBIT 23

CONSENT OF INDEPENDENT AUDITORS
-------------------------------

The Board of Directors
Choices Entertainment Corporation:

We consent to incorporation by reference in the Registration Statements (Nos.
33-44343 and 33-87016) on Form S-8, of Choices Entertainment Corporation of our
report dated March 6, 1998 relating to the consolidated balance sheets of
Choices Entertainment Corporation as of December 31, 1997 and 1996, and the
related consolidated statements of income (loss), stockholders' deficit and cash
flows for each of the years in the two-year period ended December 31, 1997,
which report appears in the December 31, 1997 annual report on Form 10-KSB of
Choices Entertainment Corporation.

Our report contains an explanatory paragraph that states that the Company has
suffered recurring losses from operations, is in default on certain obligations
and has a net working capital deficiency, which factors raise substantial doubt
about its ability to continue as a going concern. The consolidated financial
statements do not include any adjustments that might result from the outcome of
these uncertainties.

                                                  /S/ KPMG Peat Marwick LLP

Philadelphia, Pennsylvania
March 27, 1998
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

COREY SIMPSON and CANAL STRUCTURED CONSULTANTS, LLC
, Appellant s ,

v.

DRB CAPITAL, LLC
, and PATRICIA NIXX
, Appellee s

.

No. 4D2022

- 2380

[ November 16, 2023 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Hon. Paige Hardy Gillman, Judge; L.T. Case No.

502018CA013946.

Thomas Lee Hunker of Hunker Appeals, Fort Lauderdale, for appellants.

Alan B. Rose and Gregory S. Weiss, of Mrachek, Fitzgerald, Rose, Konopka, Thomas & Weiss, P.A., West Palm Beach, for appellee DRB Capital, LLC.

Jeremy E. Slusher and Jonathan S. Glickman of Slusher & Rosenblum, P.A., West Palm Beach, for appellee Patricia Nixx.

P ER C URIAM

.

Affirmed

.

G ROSS

, G ERBER and C ONNER

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

In the Interest of L. A. M, a Child,

 Appellant.

'

'

'

'

'

'

No. 08-16-00157-CV

Appeal from the

109th District Court

of Winkler County, Texas

(TC # 16,723)

O R D E R

In order to protect the identity of the minor child who is the subject of this appeal, the Court 

has determined on its own motion that it is necessary to identify the child by initials, L. A. M., and 

the parents by initials as well, in all papers submitted to the Court, including letters, motions, and 

briefs. See TEX.R.APP.P. 9.8. The Court will also refer to the child and parents by their initials 

in correspondence, orders, and in its opinion and judgment.

IT IS SO ORDERED this 13th day of July, 2016.

PER CURIAM

Before McClure, C.J., Rodriguez and Hughes, JJ.
[DRAFT]



 

 

 

December 2, 2008

 

 

Arthur C. Graves

East Greenville, PA

Dear Art:

It is our great pleasure to inform you that you will be a participant in the 2009 Knoll, Inc. Incentive Compensation Program.

We need to do three things to succeed in 2009.  Improve our gross margins, continue to build on the sales and marketing initiatives that allowed us to gain share in 2007 and 2008, and diligently manage our spending.

Our success in 2009 will be a direct result of your ability to accomplish these objectives and assist Knoll in achieving its 2009 operating profit plan.

If you achieve the Office North American orders plan, meet the sales budget, and Knoll makes the 2009 N.A. Office gross profit plan and 2009 operating profit plan, you can qualify for a total target incentive payment of $295,000.

This award is subject to our approval and that of the Knoll, Inc. Board of Directors, which may exercise discretion in adjusting your award up or down based on factors the Board of Directors deems appropriate, including Knoll's performance relative to the industry, other macroeconomic factors and your individual performance.  You must be employed by Knoll on the date this award is distributed in order to receive this incentive.

We have great confidence in your ability to help Knoll profitably grow and look forward to being able to present you with your award in early 2010.

 

 

/s/ Lynn Utter/s/ Andrew Cogan

Lynn UtterAndrew Cogan
Exhibit 32.2

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 Oak Hill Financial, Inc. (the
Company) on Form 10-Q for the period ending June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Ron J.
Copher, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 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/ Ron J. Copher

Ron J. Copher
Chief Financial Officer
October 28, 2004

-25-

---
PAGE 1 – ORDER

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

TYRONE BLOCKER,

Plaintiff,

v.

UNIVERSAL MUSIC PUBLISHING 

GROUP,

Defendant.

Case No. 3:14-cv-01650-SB

ORDER

Michael H. Simon, District Judge.

United States Magistrate Judge Stacie F. Beckerman issued Findings and 

Recommendation in this case on February 26, 2015. Dkt. 14. Judge Beckerman recommended 

that Plaintiff’s Second Amended Complaint (Dkt. 7) be dismissed with 30 days leave to replead. 

No party has filed objections.

Under the Federal Magistrates Act (“Act”), the court may “accept, reject, or modify, in 

whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. 

§ 636(b)(1)(C). If a party files objections to a magistrate’s findings and recommendations, “the 

court shall make a de novo determination of those portions of the report or specified proposed 

findings or recommendations to which objection is made.” Id.; Fed. R. Civ. P. 72(b)(3).

If no party objects, however, the Act does not prescribe any standard of review. See 

Thomas v. Arn, 474 U.S. 140, 152 (1985) (“There is no indication that Congress, in enacting [the 

Act], intended to require a district judge to review a magistrate’s report to which no objections 

are filed.”). Nor does the Act “preclude further review by the district judge[] sua sponte . . . 

Case 3:14-cv-01650-SB Document 20 Filed 04/03/15 Page 1 of 2
PAGE 2 – ORDER

under a de novo or any other standard.” Thomas, 474 U.S. at 154. And the Advisory Committee 

Notes to Fed. R. Civ. P. 72(b) recommend that “[w]hen no timely objection is filed,” the court 

review the magistrate’s findings and recommendations for “clear error on the face of the record.”

As no party has made objections, the Court follows the recommendation of the Advisory 

Committee and reviews Judge Beckerman’s Findings and Recommendation for clear error on the 

face of the record. No such error is apparent.

The Court ADOPTS Judge Beckerman’s Findings and Recommendation. Dkt. 14. 

Plaintiff’s Second Amended Complaint (Dkt. 7) is DISMISSED. 

IT IS SO ORDERED.

DATED this 3rd day of April, 2015.

/s/ Michael H. Simon

Michael H. Simon

United States District Judge

Case 3:14-cv-01650-SB Document 20 Filed 04/03/15 Page 2 of 2
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-7387

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

QUADRICK MONTRELL EVERETTE, a/k/a Quat,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Greenville. James C. Dever, III, 

Chief District Judge. (4:10-cr-00043-D-1; 4:12-cv-00168-D)

Submitted: January 23, 2014 Decided: January 27, 2014

Before WILKINSON and DIAZ, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Quadrick Montrell Everette, Appellant Pro Se. Jennifer P. MayParker, Assistant United States Attorney, Raleigh, North 

Carolina; William Glenn Perry, OFFICE OF THE UNITED STATES 

ATTORNEY, Greenville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Quadrick Montrell Everette seeks to appeal the 

district court’s order denying relief on his 28 U.S.C. § 2255 

(2012) motion. The order is not appealable unless a circuit 

justice or judge issues a certificate of appealability. 28 

U.S.C. § 2253(c)(1)(B) (2012). A certificate of appealability 

will not issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the motion states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. 

We have independently reviewed the record and conclude 

that Everette has not made the requisite showing. Accordingly, 

we deny a certificate of appealability and dismiss the appeal. 

We dispense with oral argument because the facts and legal 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED