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

CERTIFICATION PURSUANT TO

| Date:      | May      20, 2009                                                                                                                                                                                                                                                                                                                                                                                       |   |   |   |
|------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|--------|--------|
|       |                                                                                                                                                                                                                                                                                                                                                                                                    |   |   |   |
| Signature: | /s/      Harris A. Lichtenstein,      Ph.D.                                                           |   |   |   |
|       | Name: Harris      A. Lichtenstein, Ph.D.                                                                                                                                                                                                                                                                                                                                                           |   |   |   |
|       | Title:       President, Chief Executive Officer and DirectorOmnimmune      Holdings, Inc.                                                                                                                                                                                                                                                                                                          |   |   |   |
# C_2017178EN.01002902.xml

| 6.6.2017 | EN | Official Journal of the European Union | C 178/29 |
| --- | --- | --- | --- |

6.6.2017

EN

Official Journal of the European Union

C 178/29

---

Action brought on 6 April 2017 — Out of the blue v EUIPO — Dubois and MFunds USA (FUNNY BANDS)

(Case T-214/17)

(2017/C 178/43)

Language in which the application was lodged: English

Parties

Parties

Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt, V. Töbelmann and A. Zarm, lawyers)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other parties to the proceedings before the Board of Appeal: Frédéric Dubois (Lasne, Belgium) and MFunds USA LLC (Miami Beach, Florida, United States)

Other parties to the proceedings before the Board of Appeal:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Proprietors of the trade mark at issue: Other parties to the proceedings before the Board of Appeal

Proprietors of the trade mark at issue:

Trade mark at issue: EU word mark ‘FUNNY BANDS’ — EU trade mark No 9 350 794

Trade mark at issue:

Procedure before EUIPO: Proceedings for a declaration of invalidity

Procedure before EUIPO

Contested decision: Decision of the Second Board of Appeal of EUIPO of 20/01/2017 in Case R 1081/2016-2)

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | overturn the contested decision; |
| --- | --- |

—

overturn the contested decision;

| — | declare the EU trade mark No 009 350 794‘FUNNY BANDS’ invalid pursuant to Articles 52(1)(a), 7(1)(b) and (c) EUTMR; |
| --- | --- |

—

declare the EU trade mark No 009 350 794‘FUNNY BANDS’ invalid pursuant to Articles 52(1)(a), 7(1)(b) and (c) EUTMR;

| — | order EUIPO to pay its own costs as well as the costs of the applicant; |
| --- | --- |

—

order EUIPO to pay its own costs as well as the costs of the applicant;

| — | in the event that the EUTM Proprietors join in these proceedings as an intervening party, order it to bear its own costs. |
| --- | --- |

—

in the event that the EUTM Proprietors join in these proceedings as an intervening party, order it to bear its own costs.

Plea in law

Plea in law

| — | Infringement of Article 52(1)(a) in conjunction with Article 7(1)(b) and (c) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 52(1)(a) in conjunction with Article 7(1)(b) and (c) of Regulation No 207/2009.

---
#### The People of the State of New York ex rel. Eric Kirkland, Appellant, v Dale Artus, as Superintendent of Clinton Correctional Facility, Respondent.

Submitted March 15, 2010;

decided May 4, 2010

Motion for leave to appeal dismissed as untimely *(see*CPLR 5513 [b]).
Case 1:07-cv-05807-TPG Document 9-10 Filed 01/30/2008 Page 1 of 9
Case 1:07-cv-05807-TPG Document 9-10 Filed 01/30/2008 Page 2 of 9
Case 1:07-cv-05807-TPG Document 9-10 Filed 01/30/2008 Page 3 of 9
Case 1:07-cv-05807-TPG Document 9-10 Filed 01/30/2008 Page 4 of 9
Case 1:07-cv-05807-TPG Document 9-10 Filed 01/30/2008 Page 5 of 9
Case 1:07-cv-05807-TPG Document 9-10 Filed 01/30/2008 Page 6 of 9
Case 1:07-cv-05807-TPG Document 9-10 Filed 01/30/2008 Page 7 of 9
Case 1:07-cv-05807-TPG Document 9-10 Filed 01/30/2008 Page 8 of 9
Case 1:07-cv-05807-TPG Document 9-10 Filed 01/30/2008 Page 9 of 9
# C_2017112EN.01004101.xml

| 10.4.2017 | EN | Official Journal of the European Union | C 112/41 |
| --- | --- | --- | --- |

10.4.2017

EN

Official Journal of the European Union

C 112/41

---

Action brought on 3 February 2017 — RS v Commission

(Case T-73/17)

(2017/C 112/57)

Language of the case: French

Parties

Parties

Applicant: RS (represented by: S. Orlandi and T. Martin, lawyers)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

Declare and rule that

| — | The decision of the selection board of the competition of 11 April 2016 rejecting the applicant’s application for internal competition COM/02/AST/16 is annulled; |
| --- | --- |

—

The decision of the selection board of the competition of 11 April 2016 rejecting the applicant’s application for internal competition COM/02/AST/16 is annulled;

| — | The European Commission is ordered to pay the applicant the sum of EUR 5 000 in respect of the non-pecuniary harm which he has suffered; |
| --- | --- |

—

The European Commission is ordered to pay the applicant the sum of EUR 5 000 in respect of the non-pecuniary harm which he has suffered;

| — | The European Commission is ordered to pay the costs. |
| --- | --- |

—

The European Commission is ordered to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement of the first paragraph of Article 27 of the Staff Regulations of Officials.

The applicant thus puts forward a plea of illegality of the notice of the contested internal competition insofar as it lays down a condition for admission to the competition which has the effect of refusing access to it to those temporary agents who have not been in an administrative position of active employment, on leave for military service, on parental or family leave or on secondment during the 12 months preceding the closing date for filing applications.

---
First Amendment to 2005 Long-Term Incentive Plan




 Exhibit 10.28 
  
 ROSETTA RESOURCES INC. 
 FIRST AMENDMENT TO 
 2005 LONG-TERM INCENTIVE PLAN 
  
 Section 13.1 is hereby amended as follows: 
  
 Delete Section 13.1 in its entirety and replace it with the following:

  
 13.1 Vesting of Awards. Except as provided otherwise
below in this Article or in an Award Agreement at the time an Award is granted or amended, notwithstanding anything to the contrary in this Plan, if a Participant’s employment or service with the Company is terminated for any reason other than
death, Cause or Inability to Perform or if a Participant voluntarily terminates employment or service for Good Reason, in either case within the one-year period following a Corporate Change of Rosetta, any time periods, conditions or contingencies
relating to the exercise or realization of, or lapse of restrictions under, any Award shall be automatically accelerated or waived so that: 
  
 (a) if no exercise of the Award is required, the Award may be realized in full at the time of the occurrence of the Participant’s
termination of employment or service; or 
  
 (b)
if exercise of the Award is required, the Award may be exercised in full commencing on the date of the Participant’s termination of employment or service. 
  

In the event all outstanding Awards are replaced in connection with a Corporate Change by comparable types of awards of at least substantially
equivalent value, as determined by the Committee in its sole discretion, such replacement awards shall provide for automatic acceleration or waiver as provided above in the event of a Participant’s involuntary termination of employment or
service with the Company other than for Cause or voluntary termination of employment or service for Good Reason, as applicable. 
  
 IN WITNESS WHEREOF, the undersigned has executed this Amendment effective as of this 21st day of December, 2005. 
  

			
	 ROSETTA RESOURCES INC.

		
	By:	 	 /s/ B.A. Berilgen

	 	 	 B.A. Berilgen
 President and Chief Executive Officer
Case 1:07-cv-05862-RJH Document 41 Filed 08/04/2008 Page 1 of 1
CERTIFICATE OF AMENDMENT OF

                         CERTIFICATE OF INCORPORATION OF

                               SRM NETWORKS, INC.
                           (Pursuant to Section 242 of
                      the Delaware General Corporation Law)

   The undersigned, Gary F. McNear, C.E.O. of SRM Networks, Inc., (the Company)
and existing under the laws of the State of Delaware does hereby certify that:

     1. The Certificate of Incorporation of the Company is hereby amended
pursuant to Section 242(a)(1) of the General Corporation Law of the State of
Delaware, in Article First thereof by the substitution of the following
provision:

                      The name of the Corporation shall be:
                         HY-TECH TECHNOLOGY GROUP, INC.

     2. The foregoing Amendments to the Certificate of Incorporation were
authorized by the Board of Directors and duly adopted by consent action by the
holders of in excess of sixty percent (60%)of the Company's outstanding stock
entitled to vote thereon in accordance with Section 228 of the General
Corporation Law of the State of Delaware.

     IN WITNESS WHEREOF, the undersigned have executed this Certificate of
Amendment this 31st day of January, 2003 and DO HEREBY CERTIFY, that the facts
stated in this Certificate of Amendment are true and correct.



/s/ Gary F. McNear
---------------------------------------
Gary F. McNear, Chief Executive Officer

<PAGE>
December 23, 2019 

Submitted via CFTC Portal 

Mr. Christopher J. Kirkpatrick 

Office of the Secretariat 

Commodity Futures Trading Commission 

Three Lafayette Centre 

1155 21st Street, N.W. 

Washington, D.C. 20581 

Re: tpSEF Inc. – Regulation 40.6(a) Rule Certification; Notification of Amendments to 

Exhibit Q to tpSEF Inc.’s Form SEF (tpSEF Submission #19-07R)

Dear Mr. Kirkpatrick: 

Pursuant to Section 5c(c) of the Commodity Exchange Act, as amended (the “Act”), and Section 40.6(a) of 

the regulations of the Commodity Futures Trading Commission (the “Commission”), tpSEF Inc. (“tpSEF”), 

a registered swap execution facility, hereby notifies the Commission that it wishes to amend Exhibit Q to 

its Form SEF as provided in Exhibit A. The intended date of implementation of the amended Exhibit Q is 

January 8, 2020. 

Pursuant to Commission Regulation 40.6, this submission includes: 

(i) A concise explanation and analysis of the amended rules and their compliance with applicable

provisions of the Act, attached as Exhibit A;

(ii) A clean copy of the amended Exhibit Q, attached as Exhibit B; and

(iii) A copy of the amended Exhibit Q marked to show changes to the currently effective version,

attached as Exhibit C.

tpSEF hereby certifies that the amendments comply with the requirements of the Act and Commission 

regulations thereunder. tpSEF is not aware of any substantive opposing views expressed with respect to this 

filing and certifies that, concurrent with this filing, a copy of this submission was posted on tpSEF’s website. 

ACTIVE 251796798 
Mr. Christopher J. Kirkpatrick 

December 23, 2019 

Page 2 

tpSEF is separately filing with the Assistant Secretary of the Commission for FOI, Privacy and Sunshine 

Acts Compliance, pursuant to Commission Regulation 145.9, a petition for confidential treatment of this 

submission (the “FOIA Confidential Treatment Request”) on the grounds that disclosure would reveal 

confidential commercial and financial information. A copy of the FOIA Confidential Treatment Request 

is included with this submission. 

Please contact Brian D. Donnelly, Chief Compliance Officer, at (201) 984-6956 or by email at 

bddonnelly@tullettprebon.com with any questions regarding this matter. 

Very truly yours, 

tpSEF Inc. 

By: _______________________ 

Name: Brian D. Donnelly 

Title: Chief Compliance Officer 

Date: December 23, 2019 

Enclosures 

cc: CFTC Division of Market Oversight (dmosubmissions@cftc.gov) 

Nancy Markowitz, CFTC (nmarkowitz@cftc.gov) 
Mr. Christopher J. Kirkpatrick 

December 23, 2019 

Page 3 

EXHIBIT A 

Explanation of Amended Rules 

[FOIA Confidential Treatment Requested]
Mr. Christopher J. Kirkpatrick 

December 23, 2019 

EXHIBIT B 

Exhibit Q to tpSEF Inc.’s Form SEF 

(Clean Version) 

[FOIA Confidential Treatment Requested]
Mr. Christopher J. Kirkpatrick 

December 23, 2019 

EXHIBIT C 

Exhibit Q to tpSEF Inc.’s Form SEF 

(Marked Version) 

[FOIA Confidential Treatment Requested]
#### The State of NORTH CAROLINA, Plaintiff-Appellee, v. Anthony DUPREE, Jr., Defendant-Appellant.

No. 12-8040.

United States Court of Appeals, Fourth Circuit.

Submitted: April 4, 2013.

Decided: May 22, 2013.

*182Anthony Dupree, Jr., Appellant Pro Se.

Before SHEDD, DAVIS, and DIAZ, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Anthony Dupree, Jr., appeals the district court’s order remanding his state criminal prosecution to state court. We affirm.

In certain circumstances, a state criminal prosecution may be removed to federal district court. *See*28 U.S.C. § 1443 (2012). Such removal is improper absent “a showing that the defendant is being denied rights guaranteed under a federal law providing for specific civil rights stated in terms of racial equality.” *South Carolina v. Moore,*447 F.2d 1067, 1070 (4th Cir.1971) (internal quotation marks omitted) (quoting *Johnson v. Mississippi,*421 U.S. 213, 219, 95 S.Ct. 1591, 44 L.Ed.2d 121 (1975)); *see also Georgia v. Rachel,*384 U.S. 780, 792, 86 S.Ct. 1783, 16 L.Ed.2d 925 (1966). “If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c) (2006).

We have reviewed the record and conclude that Dupree has not made the requisite showing for removal under § 1443.* Thus, the district court lacked subject matter jurisdiction over the removed prosecution and appropriately remanded the case to state court. Accordingly, although we grant leave to appeal in forma pauperis, we affirm the district court’s judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED.*

*

 Although Dupree also cited 28 U.S.C. § 1446 as a basis for removal, this statute does not apply to him. At the time Dupree filed his notice of removal, § 1446 no longer provided procedures for removal of criminal prosecutions, other than certain prosecutions of United States officers and agencies. *See*28 U.S.C.A. § 1446 (West Supp.2012). For the same reason, Dupree is not entitled to an evidentiary hearing.
DISMISSED and Opinion Filed November 8 , 2022

In The 

### Court of Appeals Fifth District of Texas at Dallas

No. 05

- 22

- 00862

- CV

IN THE INTEREST OF M .J.S, A CHILD

On Appeal from the 470th Judicial District Court

Collin Count y, Texas Trial Court Cause No. 470

- 56663

- 2020

MEMORANDUM OPINION Before Chief Justice Burns, Justice Nowell, and Justice Smith.

Opinion by Justice Nowell Before the Court is appellant’s November 2, 2022 motion for volun tary

dismissal of the appeal

. We grant the motion and dismiss the appeal. See T EX

. R.

A PP

. P. 42.1(a)(1)

.

220862f.p05 /Erin A. Nowell/ / ERIN NOWELL JUSTICE– 2

– 

### Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

IN THE INTEREST OF M.J.S., A CHILD, Appellant

No. 05

- 22

- 00862

- CV On Appeal from the 470th Judicial District Court, Collin County, Texas Trial Court Cause No. 470

- 56663

- 2020. Opinion delivered by Justice Nowell. Chief Justice Burns and Justice Smith participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED

.
It is ORDERED that appellee Richard Shaun Sciani recover his costs of this appeal from appellant Meghan Weaver.

Judgment entered this 8 th day of November
, 2022

.
Exhibit
31.2





Section
302 Certification of Chief Financial Officer





I, Lee
Shorey, certify that:





1.   I
have reviewed this quarterly report on Form 10-Q of Liberty Capital Asset
Management, 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
quarterly report;





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





4.   The
registrant's other certifying officers and I am 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 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 as of a
date within 90 days prior to the filing date of this quarterly  report
(the "Evaluation Date"); and





c)   presented
in this quarterly report our conclusions about the effectiveness of the
disclosure controls and procedures based on our evaluation as of the Evaluation
Date;





5.   The
registrant's other certifying officers and I have disclosed, based on our most
recent evaluation, 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 the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls;
and





b)   any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant's internal controls.





6.   The
registrant's other certifying officers and I have indicated in this quarterly
report whether or not there were significant changes in  internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant efficiencies and material
weaknesses.





Date:
November 16, 2009





/s/
Lee Shorey


Lee Shorey


Chief Financial Officer






21
[Federal Register Volume 66, Number 100 (Wednesday, May 23, 2001)]
[Notices]
[Page 28567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12911]


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

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES


National Endowment for the Arts Combined Arts Advisory Panel

    Pursuant to section 10(a)(2) of the Federal Advisory Committee Act 
(Public Law 92-463), as amended, notice is hereby given that two 
meetings of the Leadership Initiatives Advisory Panel to the National 
Council on the Arts will be held at the Nancy Hanks Center, 1100 
Pennsylvania Avenue, NW., Washington, DC 2506 as follows:

    Visual Arts (Creativity and Organizational Capacity categories): 
June 19-21, 2001, Room 716. A portion of this meeting, from 1:30 
a.m. to 2:30 p.m. on June 21st, will be open to the public for 
policy discussion. The remaining portions of this meeting, from 9 
a.m. to 5:30 p.m. on June 19th and 20th, and from 9 a.m. to 11 a.m. 
and 12 p.m. to 5 p.m. on June 21st, will be closed.
    Opera (Creativity and Organizational Capacity categories): June 
26-27, 2001, Room 714. A portion of this meeting, from 1 p.m. to 2 
p.m. on June 27th, will be open to the public for policy discussion. 
The remaining portions of this meeting, from 10 a.m. to 6:15 p.m. on 
June 26th, and from 9 a.m. to 1 p.m. and 2 p.m. to 4:30 p.m. on June 
27th, will be closed.
    The closed portions of these meetings are for the purposes of 
Panel review, discussion, evaluation, and recommendation on 
applications for financial assistance under the National Foundation 
on the Arts and the Humanities Act of 1965, as amended, including 
information given in confidence to the agency by grant applicants. 
In accordance with the determination of the Chairman of May 12, 
2000, these sessions will be closed to the public pursuant to 
(c)(4)(6) and (9)(B) of section 552b of Title 5, United States Code.
    Any person may observe meetings, or portions thereof, of 
advisory panels that are open to the public, and, if time allows, 
may be permitted to participate in the panel's discussions at the 
discretion of the panel chairman and with the approval of the full-
time Federal employee in attendance.
    If you need special accommodations due to a disability, please 
contact the Office of AccessAbility, National Endowment for the 
Arts, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, 202/682-
5532, TDDY-TDD 202/682-5496, at least seven (7) days prior to the 
meeting.
    Further information with reference to this meeting can be 
obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel 
Operations, National Endowment for the Arts, Washington, DC 20506, 
or call 202/682-5691.

    Dated: May 17, 2001.
Kathy Plowitz-Worden,
Panel Coordinator, Panel Operations, National Endowment for the Arts.
[FR Doc. 01-12911 Filed 5-22-01; 8:45 am]
BILLING CODE 7537-01-M