alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 31.2**

 

I, Jeffrey A. McCandless, certify that: 

 

1.    I have reviewed this quarterly report on Form10-Q of Tier Technologies, Inc.; 

 

2.    Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report; 

 

3.    Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for the periods presented in thisreport; 

 

4.    The registrant’s other certifying officer andI are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for theregistrant and have: 

 

a)  designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisreport is being prepared; 

 

b)  evaluated the effectiveness ofthe registrant’s disclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and  

 

c)  disclosed in this report anychange in the registrant’s internal control over financial reporting thatoccurred during registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and 

 

5.    The registrant’s other certifying officer andI have disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalentfunction): 

 

a)  all significant deficienciesand material weaknesses in the design or operation of internal control overfinancial reporting which are reasonable likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and 

 

b)  any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal controls over financial reporting.  

 

 
| Dated: August 16, 2004 | /s/ Jeffrey A. McCandless                      |
|-----------------------------|------------------------------------------------|
|                        | Jeffrey A. McCandless  Chief Financial Officer |

 

----
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00521-CV

IN THE ESTATE OF JOHN MOORE KILLIAN, Deceased

From Probate Court No. 1, Bexar County, Texas

Trial Court No. 2019PC2157

Honorable Oscar J. Kazen, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice

Liza A. Rodriguez, Justice

Lori I. Valenzuela, Justice

Delivered and Filed: August 3, 2022

DISMISSED

Appellant has filed a motion to dismiss this appeal due to settlement. Appellee does not 

oppose the motion. Therefore, we grant the motion and dismiss the appeal. See TEX. R. APP. P.

42.1(a)(1). Costs of the appeal are taxed against the appellant.

PER CURIAM
Exhibit 31.1



CERTIFICATE OF CHIEF EXECUTIVE OFFICER



I, Timothy M. Roberts, Chairman and Chief Executive Officer of Infinium Labs, Inc. (the small business issuer), certify that:



1.

I have reviewed this annual report on Form 10-KSB, for the year ending December 31, 2003, of Infinium Labs, 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 the small business issuer as of and for the periods presented in this annual report;

4.

The small business issuers other certifying officer 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 annual report is being prepared;

(b)

evaluated the effectiveness of the small business issuer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 covered by this annual report based on such evalution; and

(c)

disclosed in this annual 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; and

5.

The small business issuers other certifying officer 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 function):

(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; and

(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 annual reporting.



/s/ Timothy M. Roberts



Timothy M. Roberts

Chairman and Chief Executive Officer

March 30, 2004
Case 1:07-cv-05370-AKH Document 31-5 Filed 11/09/2007 Page 1 of 2
Case 1:07-cv-05370-AKH Document 31-5 Filed 11/09/2007 Page 2 of 2
Clear All

        06 September 2022    

                    NECC Hosts NMRTU OIC, Stress Dog During Monthly Training                 
                VIRGINIA BEACH, Va. - Navy Expeditionary Combat Command (NECC) hosted the Navy Medicine Readiness & Training Unit (NMRTU) officer in charge (OIC) and her facilities dog, during Professional Development (PRODEV) training onboard Joint Expeditionary Base Little Creek Fort Story (JEBLCFS) Aug. 19,            

        29 July 2022    

                    A Sailor’s Best Friend Redux: Sully H.W. Bush, Arriving!                  
                NAVAL STATION NORFOLK - The crew of the Nimitz-class aircraft carrier USS George H.W. Bush (CVN 77) rounded out a month of relationship building and companionship with their canine companions with a visit from another special dog here, July 27.             

#####  

##### Navy.mil  |  Navy.com  |  Navy FOIA  |  DoD Accessibility/Section 508  |  No Fear Act  |  Open Government  |  Plain Writing Act USA.gov  |  Veterans Crisis Line  |  VA Vet Center  |  FVAP  |   DoD Safe Helpline  |  Navy SAPR  |  NCIS Tips  |  Privacy Policy  |  Site Map  |  Contact US

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

###### Official U.S. Navy Website
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK ; - !"&I , ,--...', ; t ; %...' \-.+ ' ..: >'; 

................................................................. .~_.._.......__~___-I~._,..-- 

. . . ,, >.. .., : . . ; i , ; .[,!;! ;:, I,'j,j ;-: i-; a it DAVID SCHICK, . , --.- ... -2.b , --- 1 i 

.......-..-- A*-,---. 

, . ." .-*. ....- 

Plaintiff, : 07 Civ. 5775 (SHS) (DF) 

-against- : SCHEDULING ORDER 

CRAIG APKER, as the Warden of FCI Otisville, 

TASHA R. WELCH, as the Case Manager at FCI 

Otisville, and the DIRECTOR, Federal Bureau of 

Prisons, 

Defendants. ................................................................. X 

DEBRA FREEMAN, United States Magistrate Judge: 

This Court having held a telephone conference on May 1, 2008, with Plaintiff, who is 

proceeding pro se, and counsel for Defendants; it is hereby ORDERED that: 

1. Defendants' time to serve and file reply papers, if any, on their pending motion to 

dismiss the complaint is extended to May 30, 2008. All opposition and reply papers should be 

directed to Judge Stein. 

2. Further discovery is stayed pending the outcome of Defendants' motion to 

dismiss. 

Dated: New York, New York 

May 2,2008 

SO ORDERED 

/ 

T 

DEBRA FREEGAN 

United States Magistrate Judge 

Case 1:07-cv-05775-SHS-DCF Document 20 Filed 05/05/2008 Page 1 of 2
Copies To: 

Hon. Sidney H. Stein, U.S.D.J 

Mr. David Schick, pro se 

387 13-054 

FCI Otisville Sattellite 

P.O. Box 1000 

Otisville, NY 10963- 1000 

Kristin Vassallo, Esq. 

Assistant United States Attorney 

Southern District of New York 

86 Chambers Street 

New Y ork, NY 10007 

Case 1:07-cv-05775-SHS-DCF Document 20 Filed 05/05/2008 Page 2 of 2
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**1249 CAF 10-01243**  PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

IN THE MATTER OF MARY P. KELLEY, PETITIONER-APPELLANT,
V ORDER
KATRINA LAZORE-CAMELO, NICHOLAS J. CAMELO, JR., AND DIANE M. KELLEY, RESPONDENTS-RESPONDENTS. (APPEAL NO. 1.)

JOHN T. NASCI, ROME, FOR PETITIONER-APPELLANT.
SCOTT T. GODKIN, UTICA, FOR RESPONDENT-RESPONDENT KATRINA LAZORECAMELO.
JOHN G. KOSLOSKY, ATTORNEY FOR THE CHILD, UTICA, FOR ARIAH C.
ABBIE GOLDBAS, ATTORNEY FOR THE CHILD, UTICA, FOR SANTINO C.

Appeal from an order of the Family Court, Oneida County (Brian M. Miga, J.H.O.), entered April 12, 2010 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition against respondents. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: November 10, 2011 Patricia L. Morgan Clerk of the Court
A92A1057.

#### COONEY v. THE STATE.

(422 SE2d 286)

Sognier, Chief Judge.

Sandra Cooney was charged with DUI by violating OCGA § 40-6-391 (a) (2) and convicted in a bench trial of reckless driving under OCGA § 40-6-390 (a). She appeals.

The evidence adduced at trial showed that at approximately 6:00 p.m. on January 27, 1991, off-duty state trooper Woodrow Glisson observed a car driven by appellant drift from the right lane into the emergency lane on Interstate 16 several times. Glisson testified that appellant “wasn’t traveling very fast.” He stopped appellant, who informed him that she had a headache and had taken one tablet of Fiorinal with codeine #3 prescribed by her physician. Trooper Matt Gaskin testified that no field sobriety tests were conducted.

Appellant testified that before leaving Statesboro to return to her home in Savannah she felt that she was getting a migraine headache. She had experienced migraine headaches for many years, and hoped to get home so she could lie down in a darkened room, which was the only way to relieve the migraine. She took one Fiorinal tablet, as she had done many times before. Her doctor had not told her she should not drive when she took the medication. The prescription bottle had a label cautioning the user to “[u]se care . . . when operating a vehicle,” and appellant testified that she believed she was doing so by driving between 40 and 45 miles per hour in the right lane. Appellant opined that if her driving was affected, any impairment had been caused by the migraine, and not by the medication, because she had taken the medication before and she could “take one and go to [her] job.”

The trial judge found that the State had not carried its burden of proving the charged offense of driving while under the influence of drugs. He found, however, that reckless driving was a lesser included offense of DUI, and that the evidence showed that appellant was guilty of that offense. Appellant contends the trial court erred by finding that reckless driving is a lesser included offense of DUI. We *386agree and reverse.

Decided September 8, 1992.

*Jack E. Carney, Jr.,*for appellant.

*A. G. Wells, Jr., Solicitor,*for appellee.

This case is controlled by our holding in *Whiteley v. State,*188 Ga. App. 129, 132-133 (5) (372 SE2d 296) (1988) that “[s]ince reckless conduct requires harm or danger to ‘another person,’ an element not required by OCGA § 40-6-391 to be alleged and proven, it is not a lesser included offense [of DUI] as a matter of law. [Cits.] It also was not a lesser included crime as a matter of fact, because the accusation includes no allegation of harm or danger to another person and there was no proof of such at trial.” Although in *Whiteley*the accused was charged with violating OCGA § 40-6-391 (a) (1), we hold that the rationale in *Whiteley*applies equally to a charge of violation of OCGA § 40-6-391 (a) (2). Accordingly, the trial court erred by adjudicating appellant guilty of reckless conduct.

*Judgment reversed.*

*McMurray, P. J., and Cooper, J., concur.*
exv10w2



 






EXHIBIT 10.2




PIER 1 IMPORTS, INC.




SUPPLEMENTAL RETIREMENT PLAN




AMENDMENT NO. 1




     This Amendment No. 1 is made to the restated Pier 1 Imports, Inc. Supplemental Retirement Plan
dated December 5, 2002 (the “Plan”). This Amendment No. 1 is made effective January 1, 2006, by
Pier 1 Imports, Inc., a Delaware corporation (the “Company”);



     WHEREAS, the Company desires to amend the definition of “Actuarial Equivalent” set forth in
the Plan; and



     WHEREAS, pursuant to Section 9.1 of the Plan, the Board of Directors of the Company may amend
the Plan at any time, in whole or in part;



     NOW, THEREFORE, the Plan is hereby amended as follows:




	 	1.	 	Section 2.1 of the Plan is hereby amended by (i) adding the word “applicable”
before the word “mortality” in the second line, and (ii) deleting the wording
“412(1)(7)(C)(ii)” in the third line and replacing such wording with
“417(e)(3)(A)(ii)”.
	 
	 	2.	 	This Amendment No. 1 shall be effective January 1, 2006 with respect to Plan
participants actively employed on or after January 1, 2006, and shall not operate or
be construed to alter, modify or amend the Plan except as expressly set forth herein.
The terms and provision of the Plan, as expressly amended hereby, shall remain in full
force and effect.





     IN WITNESS WHEREOF, the Company has caused this Amendment No. 1 to be executed effective
January 1, 2006.



	 	 	 
	 

	 	PIER 1 IMPORTS, INC.
	 
	 
	 

	 	 
	 

	 	Marvin J. Girouard
	 

	 	Chairman and Chief Executive Officer
No. 641.

#### John F. Montgomery, Managing Owner, etc., et al., Petitioners, *v.*C. W. Chatfield, Master, etc.

January 4, 1909.

Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fourth Circuit denied. *Mr. Edward E. Blodgett, Mr. R. G. Bickford*and *Mr. Frederick W. Eaton*for petitioners. *Mr. Robert M. Hughes*and *Mr. James D. Dewell, Jr.,*for respondent.
Case 7:07-cv-05802-KMK-GAY Document 1 Filed 06/19/2007 Page 1 of 5
Case 7:07-cv-05802-KMK-GAY Document 1 Filed 06/19/2007 Page 2 of 5
Case 7:07-cv-05802-KMK-GAY Document 1 Filed 06/19/2007 Page 3 of 5
Case 7:07-cv-05802-KMK-GAY Document 1 Filed 06/19/2007 Page 4 of 5
Case 7:07-cv-05802-KMK-GAY Document 1 Filed 06/19/2007 Page 5 of 5
Clear All

        06 May 2023    

                    USS Cooperstown is Commissioned in New York                 
                NEW YORK – The U.S. Navy commissioned its newest Freedom-variant littoral combat ship, USS Cooperstown (LCS 23) May 8, 2023, in New York City, New York.             

        16 May 2022    

                    Littoral combat ship completes first land attack missile exercise                 
                USS Montgomery fired three Longbow Hellfire missiles to strike a land-based target as part of the littoral combat ship surface-to-surface mission module.            

        14 May 2022    

                    USS Frank E. Petersen Jr. Commissions                 
                CHARLESTON, S.C. -- The Navy commissioned its newest Arleigh Burke-class destroyer USS Frank E. Petersen, Jr. (DDG 121), May 14 in Charleston, South Carolina.            

        13 May 2022    

                    Navy establishes Unmanned Surface Vessel Division                 
                SAN DIEGO – Commander, Naval Surface Force, U.S. Pacific Fleet (CNSP) established Unmanned Surface Vessel Division (USVDIV) One during a ceremony, May 13, which also included a change of command ceremony for Surface Development Squadron (SURFDEVRON) One.            

#####  

##### Navy.mil  |  Navy.com  |  Navy FOIA  |  DoD Accessibility/Section 508  |  No Fear Act  |  Open Government  |  Plain Writing Act USA.gov  |  Veterans Crisis Line  |  VA Vet Center  |  FVAP  |   DoD Safe Helpline  |  Navy SAPR  |  NCIS Tips  |  Privacy Policy  |  Site Map  |  Contact US

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

###### Official U.S. Navy Website
E13 oy 29 cmeé

Chicago Mercantile Exchange
20 South Wacker Drive 312/930.1000 tel
Chicago, IL 60606-7499 312/466.4410 fax

www.cme.com

October 13, 2005

Ms. Jean A. Webb

Office of the Secretariat

Commodity Futures Trading Commission
Three Lafayette Centre

1155 21st Street, N.W.

Washington, DC 20581

Re: Section Sc(c)(1), Regulation 40.6(a) Submission. Self-Certification for
Composition of CME X-Fund Index Futures contracts.
CME Submission #05-102
Dear Ms. Webb:

Chicago Mercantile Exchange Inc. hereby informs the Commission regarding the composition for the
October 17, 2005 — October 28, 2005 CME X-Fund Index Futures contracts.

The Exchange certifies that the CME X-Funds product complies with the Act & regulations thereunder.

CME X-Fund 1 (X1) and CME X-Fund 2 (X2) will not be listed for trading during this
cycle.

If you require any additional information regarding this action, please do not hesitate to contact Mr.
Charles Piszczor at 312-930-4536 or via e-mail at cpiszczo@cme.com. We would be appreciative if
you could reference our CME Submission #05-102 in any related correspondence.

Sincerely,

John W. Labuszewski, Managing Director
Research & Product Development
Case 1:07-cv-05366-AKH Document 15-2 Filed 08/23/2007 Page 1 of 5
Case 1:07-cv-05366-AKH Document 15-2 Filed 08/23/2007 Page 2 of 5
Case 1:07-cv-05366-AKH Document 15-2 Filed 08/23/2007 Page 3 of 5
Case 1:07-cv-05366-AKH Document 15-2 Filed 08/23/2007 Page 4 of 5
Case 1:07-cv-05366-AKH Document 15-2 Filed 08/23/2007 Page 5 of 5
**Exhibit32.2**

** **

CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

Theundersigned hereby certifies, in his capacity as an officer of BuildingMaterials Holding Corporation (the “Company”), for purposes of 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that to the best of his knowledge:

 

•                          the Quarterly Report of the Company on Form10-Q for the period ended June 30, 2003 fully complies with therequirements of Section 13(a) or Section 15(d) of the SecuritiesExchange Act of 1934; and

 

•                          the information contained in such reportfairly presents, in all material respects, the financial condition and resultsof operation of the Company.

 
| Dated:  September 23,  2003 |
|---------------------------------------|
|                                  |
|                                  |
| /s/  Ellis C. Goebel             |   |
|                                  |
| Senior Vice President - Finance       |
| (Principal Financial Officer)         |

 

1

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

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 
ROBINSON NUGENT, INC. 10-K FOR THE PERIOD ENDING JUNE 30, 1997 AND IS 
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                           4,118
<SECURITIES>                                         0
<RECEIVABLES>                                   12,348
<ALLOWANCES>                                       564
<INVENTORY>                                     11,100
<CURRENT-ASSETS>                                28,373
<PP&E>                                          60,050
<DEPRECIATION>                                  38,862
<TOTAL-ASSETS>                                  49,696
<CURRENT-LIABILITIES>                           11,783
<BONDS>                                              0
<PREFERRED-MANDATORY>                           20,950
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      10,190
<TOTAL-LIABILITY-AND-EQUITY>                    49,696
<SALES>                                         84,840
<TOTAL-REVENUES>                                84,840
<CGS>                                           65,769
<TOTAL-COSTS>                                   65,769
<OTHER-EXPENSES>                                15,598
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 678
<INCOME-PRETAX>                                  3,849
<INCOME-TAX>                                     1,494
<INCOME-CONTINUING>                              2,355
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,355
<EPS-PRIMARY>                                      .48
<EPS-DILUTED>                                      .48
        

</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. Jorge Cabecera RODRIGUEZ, also known as Jorge Cebecera, also known as Jorge Paul Cabecera, also known as Jorge P. Cabecera, Defendant-Appellant.

No. 11-20881.

United States Court of Appeals, Fifth Circuit.

Nov. 29, 2012.

James Lee Turner, Renata Ann Gowie, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

(Opinion Oct. 3, 2012, 5th Cir., 2012, 698 F.3d 220)

Before STEWART, Chief Judge, and KING, JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES and HIGGINSON, Circuit Judges.

BY THE COURT:

A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,

It is ordered that this cause shall be reheard by the court en banc without oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.