alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ronald B. Brashear, Appellant, v Christopher J. Pelto, Respondent, et al., Defendant.

[941 NYS2d 348]

Rose, J.

Appeal from that part of an order of the Supreme *1190Court (Reynolds Fitzgerald, J.), entered August 6, 2010 in Broome County, which denied plaintiff’s motion to compel arbitration of plaintiffs claims against defendant Christopher J. Pelto.

Plaintiff opened a brokerage account with defendant TD Ameritrade, Inc. and signed a limited trading authorization allowing his brother-in-law, defendant Christopher J. Pelto, to act as his agent to, among other things, trade securities in the account. By signing the limited trading authorization, the parties agreed to be bound by an arbitration clause contained in the client agreement previously entered into between plaintiff and TD Ameritrade when plaintiff opened the account. When Pelto’s trades caused plaintiff to lose over $200,000, plaintiff commenced this action alleging fraud, deceit, misrepresentation and unauthorized trading by Pelto, as well as various causes of action against TD Ameritrade. Pelto counterclaimed, alleging that plaintiff owed him $15,000 on an unpaid loan. TD Ameritrade then moved to compel arbitration of plaintiffs claims against it pursuant to the terms of the arbitration clause in its client agreement with plaintiff. Plaintiff, in turn, moved to compel arbitration of his claims against Pelto based upon the same clause. Supreme Court granted TD Ameritrade’s motion and denied plaintiffs motion. Plaintiff appeals only from that part of the court’s order denying his motion to compel Pelto to arbitrate.

We affirm. The arbitration clause in the client agreement provides, in relevant part, for the arbitration of any controversy between TD Ameritrade and plaintiff or between TD Ameritrade and plaintiffs agent. By signing the limited trading authorization, Pelto agreed to be bound by the arbitration clause, but his agreement to arbitrate is limited to his — or his principal’s— disputes with TD Ameritrade. Pelto cannot be compelled to arbitrate disputes between himself and plaintiff without an express, unequivocal agreement to do so *(see TNS Holdings v MKI Sec. Corp.,*92 NY2d 335, 339 [1998]; *Matter of Marlene Indus. Corp. [Carnac Textiles],*45 NY2d 327, 333 [1978]; *Brennan v A. G. Becker, Inc.,*127 AD2d 951, 952 [1987]). Plaintiffs reliance on *Merrill Lynch Intl. Fin., Inc. v Donaldson*(27 Misc 3d 391, 396 [2010]) is misplaced in the absence of any relationship between Pelto and TD Ameritrade that would give rise to a finding of incorporation by reference, assumption, agency, alter ego, or estoppel. The mere interrelated nature of plaintiff’s claims against Pelto and TD Ameritrade is insufficient alone to subject Pelto to the arbitration agreement *(see TNS Holdings v MKI Sec. Corp.,*92 NY2d at 340 [1998]).

*1191Mercure, A.EJ., Malone Jr., Garry and Egan Jr., JJ., concur. Ordered that the order is affirmed, with costs.
#### Susan Naccarato, Respondent, v Pamela Kot et al., Defendants, and City of Troy, Appellant.

— Levine, J.

Plaintiff commenced the instant suit by service of a sum*366mons and complaint on, among others, defendant City of Troy (hereinafter the City). The City responded shortly thereafter by service of an answer. Subsequently, some seven months later, the City sought leave to amend its answer to assert the affirmative defense of lack of personal jurisdiction, claiming that plaintiffs service of the summons and complaint by regular mail was not effective to confer in personam jurisdiction upon Supreme Court. Special Term denied the motion and this appeal ensued.

Undeniably, the City did not appropriately raise an objection to personal jurisdiction either by way of a preanswer motion or in its answer to plaintiff’s complaint *(see,*CPLR 3211 [a] [8]; [e]). Accordingly, its service of an answer upon plaintiff constituted a general appearance in the action which effectuated a waiver of any such objection and conferred personal jurisdiction upon Supreme Court (CPLR 320 [b]). However, the City relies upon CPLR 3025 (d), which provides that leave to amend a pleading shall be freely given, and claims that since plaintiff has not shown that any prejudice would result from the untimely assertion of the City’s jurisdictional defense (citing *Pegno Constr. Corp. v City of New York,*95 AD2d 655), Special Term abused its discretion in denying the motion. We disagree.

An amendment to a pleading taken as of right *(see,*CPLR 3025 [a]) may contain an objection to personal jurisdiction not previously asserted, since such an amendment relates back in time to the original pleading *(Abrams v Community Servs.,*76 AD2d 765, 766; *Solarino v Noble,*55 Misc 2d 429, 430). However, the weight of authority is to the contrary when a defendant must seek leave to amend the pleading to interpose such an objection, since the court cannot be divested of the jurisdiction it acquired over a defendant who has made a general appearance *(see,*CPLR 320 [b]) by way of an untimely assertion of a jurisdictional defense *(Kukulka v Millard Fillmore Suburban Hosp.,*106 AD2d 886, 887; *De Angelis v Friedman,*46 AD2d 66, 68, *appeal dismissed*38 NY2d 737; *Bonaparte v McCarthy,*120 Misc 2d 81, 82; *Goldner v Reiss,*64 Misc 2d 785, 787; 1 Weinstein-Korn-Miller, NY Civ Prac ¶ 320.10; 4 Weinstein-Korn-Miller, NY Civ Prac ¶ 3211.04; McLaughlin, Practice Commentary, McKinney’s Cons Laws of NY, Book 7B, CPLR C320:4, pp 364-368; *cf. Caruso v Hoyer & Co.,*79 AD2d 670, 671; Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3211:62, pp 66-67; CPLR C3025:7, p 479). Accordingly, Special Term did not *367abuse its discretion in denying the City’s application for leave to amend its answer.

Order affirmed, with costs. Main, J. P., Casey, Weiss, Levine and Harvey, JJ., concur.
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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 Fisher Communications, Inc. (the Company) on Form
10-Q for the period ended March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Form 10-Q), I, Colleen B. Brown, Chief Executive 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 Form 10-Q 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------

Date: May 11, 2009



/s/ Colleen B. BrownColleen B. BrownPresident and Chief Executive Officer
```

[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Page 46309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17685]

=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

Senior Executive Service Performance Review Board (PRB) and 
Executive Resources Board (ERB) Membership

AGENCY: Surface Transportation Board.

ACTION: Notice of Senior Executive Service Performance Review Board 
(PRB) and Executive Resources Board (ERB) Membership.

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

SUMMARY: Effective immediately, the membership of the PRB and ERB is as 
follows:

Performance Review Board

William Brennan, Chairman
Rachel Campbell, Member
Craig M. Keats, Member

Executive Resources Board

Rachel Campbell, Chairman
William Brennan, Member
Craig M. Keats, Member

FOR FURTHER INFORMATION CONTACT: If you have any questions, please 
contact Jennifer Layne at [email protected] or 202-245-0340.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2021-17685 Filed 8-17-21; 8:45 am]
BILLING CODE 4915-01-P
```
EXHIBIT 21

                         SUBSIDIARIES OF THE REGISTRANT*

 Catalina Industries, Inc. (formerly Dana Lighting, Inc.), a Florida corporation
             Catalina Real Estate Trust, Inc., a Florida corporation
               Catalina Merchandising, Inc., a Florida corporation
                    Catalina Realty Trust, a Hong Kong Trust
             Catalina Realty Hong Kong Limited, a Hong Kong company
                 Catalina Industrial, Ltd., a Hong Kong company
           Catalina Lighting Canada (1992), Inc., a Quebec corporation
                Trade World Industrial, Ltd., a Hong Kong company
                   Angel Station, Inc., a Florida corporation
                 Go-Gro Industries Limited, a Hong Kong company
                     Lamp Depot Limited, a Hong Kong company
                   Meridian Lamps, Inc., a Florida corporation
             Meridian Lamps Development, Inc., a Florida corporation
                     Catalina Asia, a Hong Kong partnership
                       Audiopro Ltd., a Hong Kong company
          Catalina Lighting Mexico, S.A. de C.V., a Mexican corporation
               Golda Metal Industries Limited, a Hong Kong company
       Shenzhen Jiadianbao Electrical Products Company, Limited ("SJE"),
           a cooperative joint venture organized under the laws of the
                           People's Republic of China

* All subsidiaries, except for Golda Metal Industries which is 50% owned and the
SJE joint venture which is 100% owned as to production and 70% owned as to real
estate, are wholly-owned by the registrant.
CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Daniel S. Tamkin, Chief Executive Officer of Synergx Systems certify that:

     1. I have  reviewed  this annual  report on Form 10-KSB of Synergx  Systems
Inc.;

     2. Based on my  knowledge,  this annual  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 annual
report;

     3. Based on my knowledge,  the financial  statements,  and other  financial
information  included  in this annual  report,  fairly  present in all  material
respects  the  financial  condition,  results  of  operations  and cash flows of
registrant as of, and for, the periods presented in this annual report;

     4. The  registrant's  other  certifying  officers and I are responsible for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) 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 quarterly report is being prepared;

     b) Evaluated the effectiveness of the registrant's  disclosure controls and
procedures  and  presented  in this  annual  report  our  conclusions  about the
effectiveness  of the disclosure  controls and procedures,  as of the end of the
period cover by this report based on such evaluation; and

     c) Disclosed in this annual report any change in the registrant's  internal
control over financial  reporting that occurred during  registrant's most recent
fiscal quarter that has materially affected,  or reasonably likely to materially
affect, the registrant's internal control over financial reporting; and

     5. The registrant's other certifying  officers 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  registrant's  board of
directors (or persons performing the equivalent functions);

     a)  All  significant  deficiencies  in  material  weakness  the  design  or
operation of internal  controls 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:    December 26, 2006



         /s/Daniel S. Tamkin
         Chief Executive Officer
Exhibit 31.3

CERTIFICATIONS

I, Sam
Kraynek, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Thanksgiving Coffee Company, Inc.;

2. Based on my knowledge, this quarterly 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 small business issuer as of, and for, the periods presented in this report;

4. The small business issuers other certifying officers 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 small business issuer 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 small business issuer, 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 small
business issuer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 small business issuers internal control over financial reporting that occurred during the
small business issuers most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over financial reporting;

5. The small business issuers other certifying officers and I have disclosed, based on our most recent evaluation of internal control over
financial reporting, to the small business issuers auditors and the audit committee of the small business issuer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 small business issuers ability to record, process, summarize and report financial information;

b) Any
fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuers internal control over financial reporting.



|                                     |  |                
|------------------------------------ |  | ---------------
|Date: August 16, 2010               
|By:                                  |  | /s/ Sam Kraynek
|Sam Kraynek, Chief Financial Officer
Page 1 - DECLARATION OF ARTHUR W. COVIELLO IN SUPPORT OF DEFENDANT 

INTEL CORPORATION’S MOTION FOR PARTIAL JUDGMENT ON THE 

PLEADINGS 

Renée E. Rothauge, OSB #903712 

ReneeRothauge@markowitzherbold.com 

MARKOWITZ HERBOLD PC 

Suite 3000, Pacwest Center 

1211 SW Fifth Avenue 

Portland, OR 97204-3730 

Telephone: (503) 295-3085 

Fax: (503) 323-9105 

Michael J. Summersgill (pro hac vice) 

Jordan L. Hirsch (pro hac vice) 

Sean K. Thompson (pro hac vice) 

WILMERHALE LLP 

60 State Street 

Boston, MA 02109 

(617) 526-6000 

Grant K. Rowan (pro hac vice) 

WILMERHALE LLP 

1875 Pennsylvania Avenue, NW 

Washington, DC 20006 

(202) 663-6000 

Arthur W. Coviello (pro hac vice) 

WILMERHALE LLP 

950 Page Mill Road 

Palo Alto, CA 94304 

(650) 663-6000 

Attorneys for Defendant Intel Corporation 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

MEMORY INTEGRITY, LLC, 

Plaintiff,

 v. 

INTEL CORPORATION, 

Defendant.

 Case No. 3:15-cv-00262-SI 

DECLARATION OF ARTHUR W. 

COVIELLO IN SUPPORT OF INTEL 

CORPORATION’S MOTION FOR 

PARTIAL JUDGMENT ON THE 

PLEADINGS 

Case 3:15-cv-00262-SI Document 109 Filed 08/14/15 Page 1 of 2
Page 2 - DECLARATION OF ARTHUR W. COVIELLO IN SUPPORT OF DEFENDANT 

INTEL CORPORATION’S MOTION FOR PARTIAL JUDGMENT ON THE 

PLEADINGS 

I, Arthur W. Coviello, declare: 

1. I am an attorney at the law firm of WilmerHale LLP, counsel for Defendant Intel 

Corporation (“Intel”) in this action. I have personal knowledge of the matters set forth herein 

and, if called as a witness, I could testify competently thereto. 

2. Attached as Exhibit 1 is a true and correct copy of a redline comparison of 

Memory Integrity LLC’s Fist Amended Complaint (Dkt. 61) and its Second Amended Complaint 

(Dkt. 105). 

3. Attached as Exhibit 2 is a true and correct copy of the Second Amended 

Complaint considered by the district court in Straight Path IP Group, Inc. v. Vonage Holdings 

Corp., No. 14-cv-502, 2014 WL 3345618 (D.N.J. July 7, 2014). 

I hereby declare under the penalty of perjury under the laws of the State of Oregon that 

the above is true and correct to the best of my information and belief and that this declaration is 

executed on the date below at Palo Alto, California. 

DATED: August 14, 2015. 

/s/ Arthur W. Coviello

Arthur W. Coviello, admitted pro hac vice

Case 3:15-cv-00262-SI Document 109 Filed 08/14/15 Page 2 of 2
Exhibit 23.1

CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the registration statement of
Cenex Harvest States Cooperatives on Form S-8 (File No. 333-42153) of our report
dated October 29, 1999, on our audits of the consolidated financial statements
of Cenex Harvest States Cooperatives as of August 31, 1999 and 1998, and May 31,
1998 and for the year ended August 31, 1999, for the three months ended August
31, 1998, and for the years ended May 31, 1998 and 1997, which report is
included in this Annual Report on Form 10-K.

PricewaterhouseCoopers LLP
Minneapolis, Minnesota
November 22, 1999
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