alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 this Annual Report of Aleris International, Inc. (the Company) on Form 10-K for the year ended December 31, 2005, as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Steven J. Demetriou, Chairman of the Board and Chief Executive Officer of the Company, and I, Michael D. Friday, Executive Vice President and Chief
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, to my knowledge that:



|1. | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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: March 15, 2006 |  | /s/ Steven J. Demetriou                             
|                     |  | Steven J. Demetriou                                 
|                     |  | Chairman of the Board and Chief Executive
Officer   
|                     | 
|Date: March 15, 2006 |  | /s/ Michael D. Friday                               
|                     |  | Michael D. Friday                                   
|                     |  | Executive Vice President and Chief Financial
Officer
*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this opinion should not be published and is not precedent except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. 00-10289

Summary Calendar

____________________

ROBERT V. KENNEDY,

Plaintiff-Appellant,

versus

D. WILMETH; RALPH THOMAS, M.D.; NURSE TYE, R.N.,

Defendants-Appellees.

_________________________________________________________________

Appeal from the United States District Court

for the Northern District of Texas

(5:99-CV-63-C)

_________________________________________________________________

September 26, 2000

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Robert V. Kennedy, Texas prisoner #580618, appeals, pro se,

from the 28 U.S.C. § 1915(e)(2)(B)(ii) dismissal, for failure to

state a claim, of his prisoner civil rights action. (The dismissal

followed a hearing pursuant to Spears v. McCotter, 766 F.2d 179

(5th Cir. 1985).) Kennedy asserts: he received inadequate medical

care for an infection in his foot that spread to other parts of his

body; and prison officials retaliated against him for pursuing

prison grievances.
2

The Eighth Amendment proscribes medical care that is

“sufficiently harmful to evidence deliberate indifference to

serious medical needs”. Estelle v. Gamble, 429 U.S. 97, 106

(1976); see Farmer v. Brennan, 511 U.S. 825 (1994). “Disagreement

with medical treatment does not state a claim for Eighth Amendment

indifference to medical needs.” Norton v. Dimazana, 122 F.3d 286,

292 (5th Cir. 1997). 

The magistrate judge found that Kennedy received extensive

treatment for his foot condition, including being referred to two

specialists outside the prison for diagnosis and treatment. Because

Kennedy’s appellate contention regarding his medical-care amounts

to no more than a disagreement with the treatment he received, his

contention is unavailing. 

In his complaint, the sole episode Kennedy linked to

retaliation was that prison officials had forced him to work for

four hours per day after he filed a grievance. But, he offered no

testimony at the Spears hearing regarding retaliation. This claim,

alone, does not give rise to an inference of any retaliatory

motivation. Woods v. Smith, 60 F.3d 1161, 1166 (5th Cir. 1995),

cert. denied, Palmero v. Woods, 516 U.S. 1084 (1996). Kennedy

raises his other claims of retaliation for the first time on

appeal. Because resolution of those claims would require findings

of fact by this court, they cannot demonstrate plain error. See

Robertson v. Plano City of Texas, 70 F.3d 21, 23 (5th Cir. 1995).
3

AFFIRMED
Case 1:07-cv-05303-AKH Document 32 Filed 02/12/2008 Page 1 of 2
Case 1:07-cv-05303-AKH Document 32 Filed 02/12/2008 Page 2 of 2
METHFESSEL & WERBEL, ESQS. 

450 Seventh Avenue, Suite 1400 

New York, NY 10123 

(212) 947-1999 

Attorneys for BMS Catastrophe, Inc. 

 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

ROLANDO PELAEZ AND MONICA 

VILLAMARIN 

Plaintiff, 

-AGAINST55 WATER STREET CONDOMINIUM, 

90 CHURCH STREET LIMITED 

PARTNERSHIP, AIG REALTY, INC., 

et.al. 

Defendants. 

21 MC 102 (AKH) 

INDEX NO.: 07CV4507 

NOTICE OF ADOPTION OF ANSWER 

TO MASTER COMPLAINT 

PLEASE TAKE NOTICE THAT Defendant, BMS Catastrophe, Inc. s/h/a 

Blackmon-Mooring-Steamatic Catastophe, Inc. d/b/a BMS Catastrophe, by 

their attorneys, Methfessel & Werbel, as and for their response to the 

allegations set forth in the Complaint by Adoption (Check-Off Complaint) 

Related to the Master Complaint filed in the above referenced action, hereby 

adopts their Answer and defenses to the Master Complaint, dated July 26, 

2007, which was filed in the matter of: In Re World Trade Center Lower 

Manhattan Disaster Site Litigation, 21 MC 102 (AKH). 

 To the extent that Defendant’s Answer to the Master Complaint does not 

comprehensively address any of the specific allegations within the Check-Off 

Complaint in the above captioned matter, Defendant, Defendant, BMS 

Catastrophe, Inc., denies knowledge or information sufficient to form a belief as 

to the truth of such specific allegations. 

Case 1:07-cv-04507-AKH Document 20 Filed 09/24/2007 Page 1 of 3
 WHEREFORE, the defendant, Defendant, BMS Catastrophe, Inc., 

demands judgment dismissing the above captioned action as against them, 

together with costs, disbursements and such other and further relief as this 

Court deems just and proper. 

DATED: New York, New York 

 September 24, 2007 

METHFESSEL & WERBEL, ESQS. 

Attorneys for BMS Catastrophe 

 

By:________________________________ 

Frank J. Keenan (FK 8922) 

450 Seventh Avenue 

Suite 1400 

New York, New York 10123 

(212) 947-1999 

Case 1:07-cv-04507-AKH Document 20 Filed 09/24/2007 Page 2 of 3
CERTIFICATE OF SERVICE 

The undersigned hereby certifies as follows: 

 l. I am employed by the law firm of Methfessel & Werbel. 

 2. On September 24, 2007 the undersigned prepared and 

forwarded copies of the within Notice of Adoption , via ECF, to the 

following parties: 

 Worby Groner Edelman & Napoli Bern, LLP 

5 Broadway, 12th Floor 

New York, NY 10006 

Attorneys for: Plaintiff 

All Defense Counsel 

 3. I certify that the foregoing statements made by me are true. I am 

aware that if any of the foregoing statements made by me are wilfully false, I am 

subject to punishment. 

____________________________________ 

Frank J. Keenan 

Case 1:07-cv-04507-AKH Document 20 Filed 09/24/2007 Page 3 of 3
AMB Property Corporation®
 
 Re:
    
    Change in Control and Noncompetition Agreement
  CIC Agreement Merger Agreement
  Merger Agreement provided however Change in Control Date
    Accelerated Vesting of Options and Other Equity-Based Awards




---



##### 



®
     Very truly yours,By:
    AMB PROPERTY, L.P., a Delaware limited partnership,By:
    AMB Property Corporation, its general partnerBy:
    /s/ Nancy J. HemmenwayNancy J. HemmenwaySenior Vice President, Human Resources Agreed to and acknowledged
as of the 30th day of January, 2011:/s/ Guy F. Jaquier
**Exhibit31.2**

** **

**CERTIFICATION PURSUANT TO**

**RULE 13a – 14(a)**

 

I, David AAlmeida, certify that:

 

1.               I have reviewedthis Form 10-K of Axsys Technologies, Inc.

 

2.               Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary in order to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.               Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.               The registrant’sother certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

a.               Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this quarterly report is being prepared;

 

b.              Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation;

 

c.               Disclosed in thisreport any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.               The registrant’sother certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (orpersons performing the equivalent functions):

 

a.               All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonable likely to adverselyaffect the registrant’s ability to record, process, summarize, and reportfinancial information; and

 

b.              Any fraud, whetheror not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 
| March 4, 2004            |
|--------------------------|
|                     |
|                     |
|                     |
| /s/ David A.  Almeida    |   |
| David A. Almeida         |
| Chief Financial  Officer |

 

----
Case 1:07-cv-05366-AKH Document 15-3 Filed 08/23/2007 Page 1 of 5
Case 1:07-cv-05366-AKH Document 15-3 Filed 08/23/2007 Page 2 of 5
Case 1:07-cv-05366-AKH Document 15-3 Filed 08/23/2007 Page 3 of 5
Case 1:07-cv-05366-AKH Document 15-3 Filed 08/23/2007 Page 4 of 5
Case 1:07-cv-05366-AKH Document 15-3 Filed 08/23/2007 Page 5 of 5
Exhibit 32.1

                    Certification of Chief Executive Officer
                         Pursuant to Section 906 of the
                           Sarbanes-Oxley Act of 2002

     In connection with this quarterly report on Form 10-QSB of United Tennessee
Bankshares, Inc. I, Richard G. Harwood, President and Chief Executive Officer of
United  Tennessee  Bankshares,  Inc.,  certify,  pursuant  to Section 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 this report fairly presents,  in all material
     respects,  the  financial  condition  and results of  operations  of United
     Tennessee Bankshares, Inc.

Date: November 12, 2004           /s/ Richard G. Harwood
                                  ----------------------------------------------
                                  Richard G. Harwood
                                  President and
                                  Chief Executive Officer
DOCSNY-271918v01 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

----------------------------------------------------------------X 

IN RE WORLD TRADE CENTER LOWER 

MANHATTAN DISASTER SITE LITIGATION 

: 

: 

: 

: 

: 

: 

21 MC 102 (AKH) 

 : 

----------------------------------------------------------------X 

GUELMER RENDON, 

 Plaintiff, 

 - against - 

100 CHURCH, LLC, et al., 

 Defendants. 

: 

: 

: 

: 

: 

: 

: 

: 

: 

07-CV-4510-AKH 

APPEARANCE 

ELECTRONICALLY FILED 

----------------------------------------------------------------X 

To the Clerk of this Court and all parties of record: 

Enter my appearance as counsel in this case for: 

MERRILL LYNCH & CO., INC. 

I certify that I am admitted to practice in this court.

Dated: New York, New York 

 October 3, 2007 

 By:

DICKSTEIN SHAPIRO LLP 

/s/ Judith R. Cohen________________________ 

Judith R. Cohen (JC-8614) 

1177 Avenue of the Americas 

New York, New York 10036 

Phone: (212) 277-6500 

Fax: (212) 277-6501 

Attorney for Defendant 

MERRILL LYNCH & CO., INC. 

Case 1:07-cv-04510-AKH Document 19 Filed 10/03/2007 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 5
               <S>                                <C>
<PERIOD-TYPE>                                     YEAR
<FISCAL-YEAR-END>                                 DEC-31-1998 
<PERIOD-END>                                      DEC-31-1998 
<CASH>                                            3,131
<SECURITIES>                                      0
<RECEIVABLES>                                     0
<ALLOWANCES>                                      0
<INVENTORY>                                       0
<CURRENT-ASSETS>                                  3,131
<PP&E>                                            0
<DEPRECIATION>                                    0
<TOTAL-ASSETS>                                    3,131
<CURRENT-LIABILITIES>                             8,864
<BONDS>                                           0
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       0
<COMMON>                                          1,568,791 
<OTHER-SE>                                        (1,604,204) 
<TOTAL-LIABILITY-AND-EQUITY>                      3,131
<SALES>                                           0
<TOTAL-REVENUES>                                  0
<CGS>                                             0
<TOTAL-COSTS>                                     0
<OTHER-EXPENSES>                                  5,206
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                                2,675
<INCOME-PRETAX>                                   (7,881) 
<INCOME-TAX>                                      0
<INCOME-CONTINUING>                               (7,881) 
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                                      (7,881) 
<EPS-PRIMARY>                                     (.01)
<EPS-DILUTED>                                     (.01)
        

</TABLE>
Clear All

        27 June 2022    

                    USS San Jacinto (CG 56) arrives in Valletta, Malta                 
                VALLETTA, Malta - The Ticonderoga-class guided-missile cruiser USS San Jacinto (CG 56) arrived in Valletta, Malta for a scheduled port visit, June 26.            

#####  

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###### Commander, U.S. Fleet Forces Command   |   1562 Mitscher Ave., Suite 250   |   Norfolk, Virginia 23551-2487

###### Official U.S. Navy Website
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 March 8, 2019 a0305

Order 

Clerk

March 8, 2019

159087 & (21)

LAVETA ANDERSON and CHARLES J.

TAUNT,

Plaintiffs-Appellees,

v SC: 159087

COA: 344549

Oakland CC: 2016-153143-NH

JENNY SHIH, D.O., and THE WELLNESS

PLAN,

Defendants-Appellants,

and

INOCENCIO CUESTA, M.D., MALINI

VENKATRAM, M.D., SUCHITA 

BHEEMREDDY, M.D., KARTHIK YADAGIRI,

P.T., RUPA PATEL, P.T., UNIVERSITY

PHYSICIAN GROUP, VHS PHYSICIANS OF

MICHIGAN, HARPER-HUTZEL HOSPITAL,

LEGACY HHH, VHS HARPER-HUTZEL, INC.,

VHS OF MICHIGAN, INC., LEGACY DMC,

TENET HEALTHCARE CORPORATION, 

BOTSFORD GENERAL HOSPITAL, 

THERAMATRIX, INC., d/b/a THERAMATRIX

PHYSICAL REHABILITATION, 

THERAMATRIX PHYSICAL REHABILITATION, 

THERAMATRIX PHYSICAL THERAPY 

NETWORK, L.L.C., and THERAMATRIX 

PHYSICAL THERAPY PLAN, INC.,

Defendants.

____________________________________________/

On order of the Court, the motion for immediate consideration is GRANTED. 

The application for leave to appeal the December 26, 2018 order of the Court of Appeals 

is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we 

REMAND this case to the Court of Appeals for consideration as on leave granted. Trial 

court proceedings are stayed pending the completion of this appeal. On motion of a party 

or on its own motion, the Court of Appeals may modify, set aside, or place conditions on 

the stay if it appears that the appeal is not being vigorously prosecuted or if other 

appropriate grounds appear.
Case 7:07-cv-05739-KMK Document 63-3 Filed 06/18/2008 Page 1 of 6
Case 7:07-cv-05739-KMK Document 63-3 Filed 06/18/2008 Page 2 of 6
Case 7:07-cv-05739-KMK Document 63-3 Filed 06/18/2008 Page 3 of 6
Case 7:07-cv-05739-KMK Document 63-3 Filed 06/18/2008 Page 4 of 6
Case 7:07-cv-05739-KMK Document 63-3 Filed 06/18/2008 Page 5 of 6
Case 7:07-cv-05739-KMK Document 63-3 Filed 06/18/2008 Page 6 of 6
# C_2009278EN.01001502.xml

| 18.11.2009 | EN | Official Journal of the European Union | C 278/15 |
| --- | --- | --- | --- |

18.11.2009

EN

Official Journal of the European Union

C 278/15

---

DECISION TO CLOSE THE FORMAL INVESTIGATION PROCEDURE AFTER WITHDRAWAL BY MEMBER STATE

DECISION TO CLOSE THE FORMAL INVESTIGATION PROCEDURE AFTER WITHDRAWAL BY MEMBER STATE

State aid — Czech Republic

(Articles 87 to 89 of the Treaty establishing the European Community)

Commission notice pursuant to Article 88(2) of the EC Treaty — Withdrawal of notification

State aid C 19/07 (ex N 32/07) which the Czech Republic intended to implement by providing the SMEs with short-term export-credit insurance by the Export Guarantee and Insurance Corporation (EGAP)

(Text with EEA relevance)

2009/C 278/06

The Commission has decided to close the formal investigation procedure under Article 88(2) of the EC Treaty, initiated on 27 June 2007 (1) in respect of the measure referred to above, recording that the Czech Republic has withdrawn its notification on 2 July 2009 and will not pursue this aid project further.

1

---

(1)  OJ C 205, 4.9.2007, p. 19.

1

---
**Exhibit 23.1**

 

CONSENT OF INDEPENDENT 

CERTIFIED PUBLIC ACCOUNTANTS 

 

The Board of Directors 

ProQuest Company:

 

We consent to incorporation by reference in the registrationstatements (Nos. 33-99982, 333-48425, and 333-93099) on Form S-8 of ProQuest Company (formerly known as Bell & Howell Company) and in the registration statement (No. 333-59450) on Form S-3 of ProQuest Company of our report dated February 13,2003 relating to the consolidated balance sheets of ProQuest Company and subsidiaries as of the end of fiscal years 2002 and 2001 and the related consolidated statements of operations, shareholders’ equity and comprehensive income (loss), andcash flows for the fiscal years 2002, 2001, and 2000, which report appears in the fiscal 2002 annual report on Form 10-K of ProQuest Company. 

 

Our report refers to the adoption of Statement of Financial Accounting Standards No. 142 *“Goodwill and Other Intangible Assets*” in fiscalyear 2002 and to a change in the methods of accounting for certain inventory costs and in revenue recognition for fiscal year 2000. 

 

/s/    KPMG LLP 

 

Detroit, Michigan 

March 27, 2003
#### In re LE ROY.

(Supreme Court, General Term, Third Department.

July 14, 1894.)

In the matter of the application for an order directing Isaac Le Roy to deliver books, etc.

No opinion. Order affirmed, with $10 costs and printing and other disbursements.
Case 1:07-cv-05710-RJH Document 56-18 Filed 08/02/2007 Page 1 of 4
Case 1:07-cv-05710-RJH Document 56-18 Filed 08/02/2007 Page 2 of 4
Case 1:07-cv-05710-RJH Document 56-18 Filed 08/02/2007 Page 3 of 4
Case 1:07-cv-05710-RJH Document 56-18 Filed 08/02/2007 Page 4 of 4
Case 1:07-cv-01659-AKH Document 23 Filed 09/15/2008 Page 1 of 2
Case 1:07-cv-01659-AKH Document 23 Filed 09/15/2008 Page 2 of 2
#### In the Matter of PJP Tavern Corporation, Doing Business as J. Paul’s Terrace Cafe, Petitioner, v New York State Liquor Authority, Respondent.

Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Liquor Authority, dated July 11, 1988, which, after a hearing, suspended the petitioner’s license for a 20-day period and imposed a $1,000 forfeiture.

Adjudged that the petition is granted, on the law and as a matter of discretion to the extent that the determination is modified by striking the imposition of the 20-day license suspension and the $1,000 forfeiture and by remitting the matter to the respondent New York State Liquor Authority for the imposition of a new penalty not to exceed a suspension of the petitioner’s license for more than a 10-day period; as so modified, the determination is confirmed, without costs or disbursements.

Contrary to the petitioner’s contentions, the respondent’s determination was supported by substantial evidence in that the proof adduced at the hearing amply demonstrated that the petitioner was aware that patrons who utilized the Joker Poker video game — which was concededly present in the petitioner’s tavern — could receive an extension of playing time or credits without being charged therefor *(see, Matter of Plato’s Cave Corp. v State Liq. Auth.,*68 NY2d 791; Penal Law § 225.00; *Matter of MNDN Rest, v Gazzara,*128 AD2d 781, 782).

We conclude, however, that the penalty imposed — a 20-day suspension of the petitioner’s liquor license and a $1,000 bond *579forfeiture — is excessive. Under the circumstances, the penalty should have been limited to a suspension — without bond forfeiture — of the petitioner’s license for a period of not more than 10 days *(see, Matter of La Cucina Mary Ann, Inc. v State Liq. Auth.,*150 AD2d 450; *Matter of Idlewild Rest. Tavern v State Liq. Auth.,*146 AD2d 629; *Matter of MNDN Rest, v Gazzara, supra; Matter of Seminaro v State Liq. Auth.,*51 AD2d 680; *cf, Matter of Muidallap Corp. v State Liq. Auth.,*143 AD2d 9). Mangano, J. P., Brown, Kunzeman and Kooper, JJ., concur.