alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 20-2661

___________________________

Jeremiah Preston Trapp

lllllllllllllllllllllPlaintiff - Appellant

v.

Dat Tran, Acting United States Secretary of Veterans Affairs1

lllllllllllllllllllllDefendant - Appellee

 ____________

Appeal from United States District Court 

for the Western District of Missouri - Joplin

 ____________

 Submitted: February 3, 2021

Filed: February 11, 2021 

[Unpublished]

____________

Before KELLY, MELLOY, and GRASZ, Circuit Judges. 

____________

PER CURIAM.

1Dat Tran has been appointed to serve as Acting Secretary of the United States

Department of Veterans Affairs, and is substituted as appellee pursuant to Federal

Rule of Appellate Procedure 43(c).
In this Title VII action, Jeremiah Preston Trapp appeals the district court’s2

adverse grant of summary judgment on his retaliation claim. Viewing the evidence

in the light most favorable to Trapp, and drawing all reasonable inferences in his

favor, see Findlator v. Allina Health Clinics, 960 F.3d 512, 514 (8th Cir. 2020) (de

novo review), we conclude Trapp did not establish a prima facie case of retaliation,

see AuBuchon v. Geithner, 743 F.3d 638, 641 (8th Cir. 2014) (elements of prima facie

case). The judgment is affirmed. See 8th Cir. R. 47B.3

______________________________

2The Honorable Brian C. Wimes, United States District Judge for the Western

District of Missouri. 

3We have not considered the matters Trapp raises for the first time on appeal,

see Stone v. Harry, 364 F.3d 912, 914-15 (8th Cir. 2004) (declining to consider pro

se appellant’s allegations, arguments, or claims not raised before the district court);

or the exhibits he offers which were not part of the summary judgment record, see

Barry v. Barry, 78 F.3d 375, 379 (8th Cir. 1996) (noting this court considers only

evidentiary materials before the trial court when the summary judgment ruling was

made). 

-2-
Visit us on the web at www.uscg.mil/band.

CWO2 Jeffrey A. Spenner,

Assistant Director

Jeffrey A. Spenner joined the United States Coast Guard in June 2019 as the Assistant Director of the United States Coast 

Guard Band. As one of the two leaders in charge of U.S. Coast Guard Band, Mr. Spenner helps manage all aspects of the 

55-member ensemble’s multifaceted mission – including concerts, ceremonies, recordings, and the band’s annual 

national tour.

A veteran of the 399th Army Band at Fort Leonard Wood, Missouri, Mr. Spenner is the first conductor in the Coast Guard 

Band’s history to have been hired from outside the organization. While a member of the 399th Army Band, he took part 

in hundreds of performances throughout the Midwest as both a conductor and trumpeter, and his efforts were 

instrumental in developing an ongoing relationship between the 399th Band and the St. Louis Symphony Orchestra. His 

final performance in the Army was conducting on a concert at Powell Hall in St. Louis that combined the symphony’s 

winds, brass, and percussion with the 399th Army Band and the Air Force Band of Mid-America.

Previously, Mr. Spenner has been the Assistant Conductor and Operations Manager with the Battle Creek Symphony in 

Michigan and Artistic and Education Coordinator for the Lexington Philharmonic in Kentucky. An advocate for music 

making at all levels, he held music directorships with numerous community ensembles including the Borgess Hospital 

Resounding Spirit Choir. Mr. Spenner brings his passion for music education to the Coast Guard Band where he oversees 

all of the band’s education and outreach programs.

Originally from Essexville, Michigan, Mr. Spenner’s Bachelor of Music degree is from the University of Illinois, and he holds

a Master of Music degree in Orchestral Conducting from Western Michigan University. In concert and selective workshops 

he conducted such ensembles as the Baltimore Symphony, Battle Creek Symphony, Berlin Sinfonietta, Cabrillo Festival 

Orchestra, Cincinnati Symphony, Filharmonica “Mihail Jora” Bacau, Fort Worth Symphony, Sinfonia da Camera, and 

members of the Berlin Philharmonic and Philharmonia Orchestra of London. His primary teachers include Donald 

Schleicher, James F. Keene, Eduardo Diazmunoz, Bruce Uchimura, and Bob Yoon with additional study with Marin Alsop, 

Miguel Harth-Bedoya, Raymond Harvey, Mark Heron, Mihail Jurowski, Kenneth Kiesler, Timothy Reynish, Gerard Schwarz, 

Mark Stringer, Diane Wittry, and Benjamin Zander.

Mr. Spenner is married to Mira Shifrin Spenner, a professional flutist, and they enjoy geeking out over science fiction and 

playing board games together. They live in Norwich, Connecticut with their five cats - Voltaire, Gershwin, Brahms, 

Rousseau, and Apollo - who enjoy chasing laser pointers and stealing board game pieces.
CARMEN LOZANO

,

Appellant,

v.

MACYS AND MACY'S SELF

INSURED

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 14

- 798

_____________________________/

Opinion filed September 23, 2014.

An appeal from an order of the Judge of Compensation Claims

. Charles M. Hill III , Judge

.

Date of Accident: March 5, 2010.

Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale, William Haro of

Richard E. Zaldivar, P.A., Miami , for Appellant.

Mark A. Touby and Charlie Martinez of Charlie Martinez, P.A., Miami Lakes , for

Appellee.

PER CURIAM.

AFFIRMED.

VAN NORTWICK, WETHERELL, AND MAKAR, JJ., CONCUR.
EXHIBIT 32

                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 American  Southwest  Holdings,
Inc. and Subsidiaries (the "Company") on Form 10-QSB for the period ending March
31, 2003 as filed with the Securities and Exchange  Commission (the Report),  I,
Alan  Doyle,  President  (Chief  Executive  Officer)  and  Treasurer  (Principal
Financial Officer) of the Company,  certify, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, that the
report fully  complies  with the  requirements  of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that the information contained in the Report
fairly presents,  in all material respects,  the financial condition and results
of operations of the Company.

Date:  October 28, 2003



/s/  Alan Doyle
---------------------------------------
Alan Doyle
President (Chief Executive Officer) and
Treasurer (Principal Financial Officer)
<PAGE>
                                                                      EXHIBIT 23









            Consent of Independent Registered Public Accounting Firm

The Board of Directors
First Acceptance Corporation:

We consent to the incorporation by reference in the registration statements
(Nos. 333-102210, 333-115601 and 333-121551) on Form S-8 of First Acceptance
Corporation (the Company) of our reports dated September 9, 2005, with respect
to the consolidated balance sheets of the Company as of June 30, 2005 and 2004,
and the related consolidated statements of operations, stockholders' equity, and
cash flows for each of the years in the three-year period ended June 30, 2005,
management's assessment of the effectiveness of internal control over financial
reporting as of June 30, 2005, and the effectiveness of internal control over
financial reporting as of June 30, 2005, which reports appear in the June 30,
2005, annual report on Form 10-K of the Company.

/s/ KPMG LLP


Dallas, Texas
September 13, 2005
<partyblock><br><br><div align="center"><b><font size="+1">The People of the State of New York, Respondent,<br><br>against<br><br>Jason Diaz, Defendant-Appellant.</font></b></div><br><br><p>Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Bahaati E. Pitt, J.), rendered April 17, 2018, convicting him, upon his plea of guilty, of criminal contempt in the second degree, and imposing sentence.</p><p>Per Curiam.</p><p>Judgment of conviction (Bahaati E. Pitt, J.), rendered April 17, 2018, affirmed.</p><p>The record establishes that the defendant's guilty plea to second-degree criminal contempt (Penal Law ยง 215.50), part of a global resolution of two separate criminal prosecutions, was knowing, intelligent and voluntary (<i>see People v Conceicao</i>, 26 NY3d 375 [2015]). During the plea colloquy, defendant acknowledged the facts underlying his commission of the crime, stated that he had time to discuss the plea and sentence with his attorney, waived specific constitutional rights, including the right to trial and the right to remain silent, and acknowledged that he would be sentenced to a conditional discharge requiring completion of an outpatient drug treatment program, and one year in jail if he failed to comply. Defendant also executed a form acknowledging receipt of a written copy of the terms of the conditional discharge and its expiration date (<i>see </i>CPL 410.10[1]).</p><p>In any event, the only relief defendant requests is dismissal of the accusatory instrument, rather than vacatur of the plea, and he expressly requests that this Court affirm his conviction if it does not grant dismissal. Since we do not find that dismissal would be appropriate, we affirm on this basis as well (<i>see People v Conceicao</i>, 26 NY3d at 385 n 1; <a href="../2016/2016_03598.htm" target="_blank"><i>People v Teron, </i>139 AD3d 450</a> [2016]).</p><p>THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.</p><br>I concur I concur<br>Decision Date: December 20, 2019<br><br><div align="center"><form method="LINK" action="../../slipidx/at_1_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
**EXHIBIT32.1**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002***

 

Inconnection with the Annual Report of GeoPetro Resources Company (the “Company”)on Form 10-K for the period ending December 31, 2007 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), theundersigned, Stuart J. Doshi , Chief Executive Officer, and J. ChrisSteinhauser, Chief Financial Officer of the Company, each hereby certifies,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, to his knowledge, that:

 

(1)      The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and

 

(2)      Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
| Dated:  March 31, 2008 |   |  /s/ Stuart J. Doshi           |
|-----------------------------|--------|-------------------------------------|
|                        |   | Stuart J.  Doshi                    |
|                        |   | President,  Chief Executive Officer |
|                        |   | and  Chairman of the Board          |
|                        |   |                                |
| Dated:  March 31, 2008 |   |  /s/ J. Chris Steinhauser      |
|                        |   | J. Chris  Steinhauser               |
|                        |   | Chief  Financial Officer            |

 

A signedoriginal of this written statement required by Section 906 has beenprovided to GeoPetro Resources Company and will be retained by GeoPetroResources Company and furnished to the Securities and Exchange Commission orits staff upon request.

 

*                 Thiscertification is being furnished solely to accompany the Report pursuant to 18U.S.C. Section 1350 and is not being filed for purposes of Section 18of the Securities Exchange Act of 1934, as amended, and is not to beincorporated by reference into any filing of the Company, whether made beforeor after the date hereof, regardless of any general incorporation language insuch filing.

 

----
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             OCT-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                      42,689,000
<SECURITIES>                                27,671,000
<RECEIVABLES>                               16,456,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            90,347,000
<PP&E>                                      28,628,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                             138,225,000
<CURRENT-LIABILITIES>                       57,359,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>               138,225,000
<SALES>                                     45,152,000
<TOTAL-REVENUES>                            45,152,000
<CGS>                                       19,840,000
<TOTAL-COSTS>                               19,840,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,000
<INCOME-PRETAX>                              3,945,000
<INCOME-TAX>                                 1,341,000
<INCOME-CONTINUING>                          2,604,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,604,000
<EPS-PRIMARY>                                     0.12
<EPS-DILUTED>                                     0.12
        

</TABLE>
#### Vittorio Antonini et al., Appellants, v Orazio Petito et al., Respondents.

[946 NYS2d 133]

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered November 8, 2011, which denied plaintiffs motion for summary judgment on his first cause of action for a declaration that he is entitled to terminate defendants’ membership interests, unanimously reversed, on the law, with costs, the motion granted, and it is so declared.

In this dispute among members of a limited liability company (LLC), plaintiff seeks to have defendants declared in breach of the operating agreement based on their failure to make mortgage payments for more than one year on the LLC’s sole asset and to invoke the remedies of either forfeiture or diminution of their interests. In light of the circumstances in which it was executed and the reasonable expectations of the parties, the operating agreement unambiguously entitles plaintiff to invoke these remedies. The language in the agreement tracks the authorizing provision of Limited Liability Company Law § 502 (c) as a penalty for defendants’ failure to make “any required contribution” *(see Greenfield v Philles Records,*98 NY2d 562, 569-570 [2002]; *Goldman Sachs Group, Inc. v Almah LLC,*85 AD3d 424, 426-427 [2011], *lv dismissed*18 NY3d 877 [2012]). The penalties under the negotiated agreement would not effect a forfeiture *(see generally 1029 Sixth v Riniv Corp.,*9 AD3d 142 [2004], *appeal dismissed*4 NY3d 795 [2005]).

*447There is no merit to defendants’ waiver and estoppel arguments in view of the “no waiver” provision in the operating agreement and their failure to show detrimental reliance on anything plaintiff said or did *(see Rotblut v 150 E. 77th St. Corp.,*79 AD3d 532 [2010]). Nor is there an implied right to cure defaults under the operating agreement *(see Fesseha v TD Waterhouse Inv. Servs.,*193 Misc 2d 253, 255 [2002], *affd*305 AD2d 268 [2003]). Concur — Gonzalez, P.J., Friedman, Renwick, Manzanet-Daniels and Roman, JJ.
Order entered February 26, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-17-00151-CV

INLAND WESTERN DALLAS LINCOLN PARK LIMITED PARTNERSHIP AND RPAI 

SOUTHWEST MANAGEMENT, LLC, Appellants

V.

HAI NGUYEN AND MAI NGUYEN, INDIVIDUALS, D/B/A ROMIE’S NAIL 

BOUTIQUE, Appellees

On Appeal from the 68th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-15-08114

ORDER

Before the Court is appellees’ January 9, 2019 motion for rehearing en banc. The Court 

requests appellants to file a response, if any, by March 18, 2019.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-41220

Summary Calendar

 

WILLIAM DEXTER WHITE,

Petitioner-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT

OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,

Respondent-Appellee.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:97-CV-655

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

September 9, 1999

Before REAVLEY, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:*

William Dexter White, Texas prisoner No. 545599, seeks a

certificate of appealability (COA) to appeal the district court’s

denial of his 28 U.S.C. § 2254 petition. White did not timely

appeal the denial of § 2254 relief and he does not challenge the

district court’s determination that he has not demonstrated

excusable neglect or good cause for his failure to do so. See

FED. R. APP. P. 4(a)(1), (5). Accordingly, we DISMISS THE APPEAL

for want of appellate jurisdiction.

APPEAL DISMISSED.
ex_260383.htm


 


Exhibit 10.1


 


 


NINTH AMENDMENT


TO THE 


BIOSIG TECHNOLOGIES, INC. 2012 EQUITY INCENTIVE PLAN


 


This NINTH AMENDMENT TO THE BIOSIG TECHNOLOGIES, INC. 2012 EQUITY INCENTIVE PLAN (this “Amendment”), effective as of June 28, 2021, is made and entered into by BioSig Technologies, Inc., a Delaware corporation (the “Company”). Terms used in this Amendment with initial capital letters that are not otherwise defined herein shall have the meanings ascribed to such terms in the BioSig Technologies, Inc. 2012 Equity Incentive Plan (the “Plan”).


 


RECITALS


 


WHEREAS, Section 18 of the Plan provides that the Board may amend the Plan at any time; and


 


WHEREAS, the Board desires to amend the Plan, to increase the number of shares of Common Stock that may be delivered pursuant to Awards under the Plan by an additional two million five hundred thousand shares (2,500,000).


 


NOW, THEREFORE, in accordance with Section 18 of the Plan the Company hereby amends the Plan as follows:


 


1.     Section 3(a) of the Plan is hereby amended by deleting said section in its entirety and substituting in lieu thereof the following new Section 3(a):


 


(a)      Stock Subject to the Plan. Subject to the provisions of Section 13 of the Plan, the maximum aggregate number of Shares that may be subject to Awards and sold under the Plan is 14,474,450 Shares, plus (i) any Shares that, as of the date of stockholder approval of this Plan, have been reserved but not issued pursuant to any awards granted under the BioSig Technologies, Inc. 2011 Long-Term Incentive Plan (the “2011 Plan”) and are not subject to any awards granted thereunder, and (ii) any Shares subject to stock options or similar awards granted under the 2011 Plan that expire or otherwise terminate without having been exercised in full and Shares issued pursuant to awards granted under the 2011 Plan that are forfeited to or repurchased by the Company, with the maximum number of Shares to be added to the Plan pursuant to clauses (i) and (ii) equal to 1,500,000 Shares. The Shares may be authorized but unissued, or reacquired Common Stock.


 


2.      Except as expressly amended by this Amendment, the Plan shall continue in full force and effect in accordance with the provisions thereof.


 


[Remainder of Page Intentionally Left Blank;


Signature Page Follows.]


 


 



 




 




 


 


IN WITNESS WHEREOF, the Company has caused this Amendment to be duly executed as of the date first written above.


 


BIOSIG TECHNOLOGIES, INC.


 


By:   /s/ Kenneth L. Londoner                         


Name: Kenneth L. Londoner                          


Title: Chairman and Chief Executive Officer
EXHIBIT 12.1
                                 CERTIFICATIONS

I, John A.A. James, President and Chief Executive Officer of Aurora Metals (BVI)
Limited, certify that:

1) I have reviewed this Annual Report on Form 20-F of Aurora Metals (BVI)
Limited;

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 Company as of,
and for, the periods presented in this report;

4) The Company'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 Company 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 Company, 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) deleted

c) evaluated the effectiveness of the Company'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

d) disclosed in this report any change in the Company's internal control over
financial reporting that occurred during the period covered by this annual
report that has materially affected, or is reasonably likely to materially
affect, the Company's internal control over financial reporting; and

5) The Company's other certifying officers and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
Company's auditors and the audit committee of the Company's board of directors
(or persons performing the equivalent functions):

a) All significant deficiencies in the design or operation of internal controls
over financial reporting which are reasonably likely to adversely affect the
Company'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 Company's internal control over
financial reporting.

June 27, 2005                           By: (s) John A.A. James
                                        -----------------------
                                        John A.A. James President and Director
# C_2021459EN.01004901.xml

| 12.11.2021 | EN | Official Journal of the European Union | C 459/49 |
| --- | --- | --- | --- |

12.11.2021

EN

Official Journal of the European Union

C 459/49

---

SHIFT2RAIL JOINT UNDERTAKING

Publication of the final accounts for the financial year 2020

(2021/C 459/49)

The complete version of the final accounts may be found at the following address:

https://shift2rail.org/wp-content/uploads/2021/06/GB-Decision_04-2021-annex_2020-Final-Accounts_BT-Audit-Report.pdf

---