alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 6**  **235**

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. KENNETH LOUIS DAVIS , Defendant

- Appellant
.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria
. Leonie M. Brinkema , District Judge. ( 1 :0 2

- cr - 00 552

- LMB

- 1 )

Submitted : April 1 8, 2013 Decided: April 23, 2013

Before WILKINSON, GREGORY , and DAVIS , Circuit Judges.

Affirm ed by un published per curiam opinion
.
Kenneth Louis Davis , Appellant Pro Se. Patrick Friel Stokes, United States Department of Justice, Washington, DC , for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Kenneth Louis Davis appeals the dis trict court ’ s order denying his motion to correct a clerical error under Fed. R. Crim. P. 36 . We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Davis , No. 1:02

- cr - 00552

- LMB

- 1 (E.D. Va. Feb. 6, 2013) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

AFFIRMED
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###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Deafness and Other Communications Disorders Special Emphasis Panel.                    

*Date:*                         June 27, 2001.                    

*Time:*                         1 pm to 2 pm.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         6120 Executive Blvd, Suite 400C, Bethesda, MD 20852.                    

*Contact Person:*                         Stanely C. Oaks, Jr., Scientific Review Branch, Division of Extramural Research, Executive Plaza South, Room 400C, 6120 Executive Blvd., Bethesda, MD 20892-7180, 301-496-8683.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.173, Biological Research Related to Deafness and Communicative Disorders, National Institutes of Health, HHS)

Dated: May 18, 2001.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 01-13203 Filed 5-24-01; 8:45 am]

BILLING CODE 4140-01-M
EXHIBIT 31.2 Certification of 
Principal Executive Officer CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Lawrence Weisdorn, Secretary, Treasurer and Chief Financial Officer of Vision Industries Corp., a Florida corporation (the "Company"), certify that: 1.     I have reviewed this annual report on amended Form 10-Q of the Company; 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 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 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 registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; b)     Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and c)     Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the Companys most recent fiscal quarter (the Companys fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and 5.     The Companys other certifying officer 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 and material weaknesses in the design or operation of internal control 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. Date:  December 8, 2009  /S/LAWRENCE WEISDORNLawrence Weisdorn
Principal Financial Officer
**EXHIBIT 23.1**

 

**CONSENTOF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the RegistrationStatement on Form S-8 (No. 333-73966) pertaining to the Fifth Amended andRestated 1999 Stock Option Plan, the dj Orthopedics, Inc. 2001 Omnibus Plan,the dj Orthopedics, Inc. Employee Stock Purchase Plan, and the dj Orthopedics,Inc. 2001 Non-Employee Directors’ Stock Option Plan of dj Orthopedics, Inc.; inthe Registration Statements on Form S-3 (No. 333-111465, No. 333-112943and No. 333-115768) pertaining to the registration of shares of dj Orthopedics,Inc. common stock, of our reports dated February 22, 2005, with respect to theconsolidated financial statements and schedule of dj Orthopedics Inc., djOrthopedics Inc. management’s assessment of the effectiveness of internalcontrol over financial reporting, and the effectiveness of internal controlover financial reporting of dj Orthopedics, Inc., included in this AnnualReport (Form 10-K) for the year ended December 31, 2004.

 

 
|   | /s/ ERNST & YOUNG LLP |   |
|--------|---------------------------|--------|

 

 

San Diego, California

March 1, 2005

 

----
Filed 6/5/18 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2018 ND 125

State of North Dakota, Plaintiff and Appellee

v.

Delpree Andrew Ashford, Defendant and Appellant

No. 20170307

Appeal from the District Court of Ward County, North Central Judicial District, the Honorable Gary H. Lee, Judge.

AFFIRMED.

Per Curiam.

Christopher W. Nelson (argued), Ward County Assistant State’s Attorney, Minot, ND, for plaintiff and appellee.

Laura C. Ringsak, Bismarck, ND, for defendant and appellant; submitted on brief.

State v. Ashford

No. 20170307

Per Curiam.

[¶1]Delpree Ashford appeals from a criminal judgment entered after a jury found him guilty of delivery of a controlled substance, a class A felony.  On appeal, Ashford argues the evidence was insufficient to support the verdict.  We summarily affirm under N.D.R.App.P. 35.1(a)(3).

[¶2]Gerald W. VandeWalle, C.J.

Jon J. Jensen

Lisa Fair McEvers

Daniel J. Crothers

Jerod E. Tufte
Exhibit 32

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

In connection with the Quarterly Report on Form 10-Q of Momentive Performance Materials Inc. for the fiscal three-month period ended
March 28, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:



| | 1. | The Report fully complies with the requirements of Rule 13(a) and 15 (d) of the Securities Exchange Act of 1934;
| | -- | ----------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------



|                        |  |                          
|----------------------- |  | -------------------------
|/s/ Jonathan D. Rich    |  | /s/ Anthony S. Colatrella
|Jonathan D. Rich        |  | Anthony S. Colatrella    
|Chief Executive Officer |  | Chief Financial Officer  
|                        | 
|DATE: May 5, 2010       |  | DATE: May 5, 2010        

A signed original of
this written statement required by Section 906 has been provided to Momentive Performance Materials Inc. and will be retained by Momentive Performance Materials Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.
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 Coyote Hills Golf, Inc. (the "Company") on Form 10-Q for the three month period ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Mitch Powers, acting in the capacity as the Chief Executive Officer of the Company, and I, Stephanie
Erickson, acting in the capacity as the Chief Financial Officer of the Company, certify to the best of our knowledge, pursuant to 18 U.S.C. Section 1350, as adopted 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 the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.








/s/ Mitch S. Powers


Mitch Powers


Chief Executive Officer


November 16, 2009








/s/ Stephanie Lynn Erickson


Stephanie Lynn Erickson


Chief Financial Officer


November 16, 2009
# C_2018436EN.01004401.xml

| 3.12.2018 | EN | Official Journal of the European Union | C 436/44 |
| --- | --- | --- | --- |

3.12.2018

EN

Official Journal of the European Union

C 436/44

---

Judgment of the General Court of 18 October 2018 — Linak v EUIPO -ChangZhou Kaidi Electrical (Electrically operated lifting column)

(Case T-367/17) (1)

((Community design - Invalidity proceedings - Registered Community design representing an electrically operated lifting column - Earlier Community design - Ground for invalidity - No individual character - Informed user - No different overall impression - Article 6 of Regulation (EC) No 6/2002))

(2018/C 436/61)

Language of the case: English

Parties

Applicant: Linak A/S (Nordborg, Denmark) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)

Defendant: European Union Intellectual Property Office (represented initially by: G. Sakalaite-Orlovskiene and A. Folliard-Monguiral, and subsequently by G. Sakalaite-Orlovskiene and J. Ivanauskas, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: ChangZhou Kaidi Electrical Co. Ltd (Changzhou, China)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 21 March 2017 (Case R 1411/2015-3), relating to invalidity proceedings between Linak and ChangZhou Kaidi Electrical.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Linak A/S to pay the costs. |
| --- | --- |

2.

Orders Linak A/S to pay the costs.

---

(1)  OJ C 249, 31.7.2017.

---
DCM Exhibit U 

Exhibit U 

Exhibit U

Attach as Exhibit U, any information (described with particularity) included in the application that will be subject to a 

request for confidential treatment pursuant to § 145.9 of the Commission’s regulations. 

Response:

The Exchange requests confidential treatment pursuant to § 38.3(a)(3) and § 145.9(d) of the Commission’s regulations 

for this Form DCM and for all documents, files, addenda, and other materials, except for the transmittal letter, the 

petition for confidential treatment, the Form DCM Cover Sheet, documents establishing the Exchange’s legal status or 

governance structure (Exhibit G), Exhibit L, Exhibit U, and the Exchange’s Rulebook (Exhibit M-1). 

The label “Confidential Treatment Requested by QCX LLC”, “Confidential Treatment Requested by QC Clearing LLC”, or 

“Confidential Treatment Requested by QCX LLC and QC Clearing LLC” appears on each page of the Confidential 

Materials.
Internal

Eurex Clearing AG

Weekly Summary of Rule Amendments

No. 090-23, 091-23

December 15, 2023

Pursuant to Commission Regulation 40.6(d), Eurex Clearing AG (“Eurex Clearing”) submits this Weekly 

Notification of the following rule amendments issued during the week of December 11, 2023:

• Eurex Clearing Circular No. 090-23 (December 14, 2023): Securities Collateral: Prolongation of 

discount for specific clients on securities collateral fees until further notice. This circular provides 

for a prolongation of the current cross-margining securities collateral fee discount for U.S. Persons 

until further notice.

• Eurex Clearing Circular No. 091-23 (December 14, 2023): Volatility Derivatives: Change in the 

Liquidity Provider Program for Options on VSTOXX Futures. This circular provides for nonsubstantive amendments to the Liquidity Provider Program for Options on VSTOXX® Futures and 

the Product Specific Supplement for Options on Futures on VSTOXX® Index” effective February

1, 2024.

Copies of the above material is available at: https://www.eurex.com/ec-en/find/circulars. If you require 

any additional information, please contact the undersigned at (312) 544-1087.

Sincerely,

/s/ Eric Seinsheimer

By: Eric Seinsheimer

Title: US CCO, Eurex Clearing AG

Dated: December 15, 2023
Exhibit 32.2



CERTIFICATION PURSUANT TO



18 U.S.C. SECTION 1350,



AS ADDED BY



SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of United Refining Energy Corp. (the Company) on Form 10-Q for the quarter ended May 31, 2009, as
filed with the Securities and Exchange Commission (the Report), I, John A. Catsimatidis, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as added by 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. | To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for
the period covered by the Report.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |     |  |                                            
|-------------------- |  | --- |  | -------------------------------------------
|                     |  |    
|Dated: July 20, 2009 |  | By: |  | /s/ James E. Murphy                        
|                     |  |     |  | James E. Murphy Principal Financial
Officer
# C_2022095EN.01002302.xml

| 28.2.2022 | EN | Official Journal of the European Union | C 95/23 |
| --- | --- | --- | --- |

28.2.2022

EN

Official Journal of the European Union

C 95/23

---

Judgment of the General Court of 21 December 2021 — EKETA v Commission

(Case T-190/17) (1)

(Arbitration clause - Cater contract concluded under the Sixth Framework Programme - Eligible costs - Debit note issued by the Commission for the recovery of amounts advanced - Reliability of the time records - Conflict of interests)

(2022/C 95/30)

Language of the case: Greek

Parties

Applicant: Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA) (Thessaloniki, Greece) (represented by: V. Christianos. lawyer)

Defendant: European Commission (represented by: A. Katsimerou, T. Adamopoulos and J. Estrada de Solà, acting as Agents)

Re:

Action under Article 272 TFEU seeking a declaration, first, that the request made to the applicant by the Commission in debit note No 3241615289 of 29 November 2016 to reimburse to it the sum of EUR 172 992,15 of the payment received for a study on a research project called Cater is, in the amount of EUR 28 520,08, unfounded, and, second, that the sum in dispute corresponds to eligible costs which the applicant is not required to reimburse.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Ethniko Kentro Erevnas kai Technologikis Anaptyxis to pay the costs. |
| --- | --- |

2.

Orders Ethniko Kentro Erevnas kai Technologikis Anaptyxis to pay the costs.

---

(1)  OJ C 151, 15.5.2017.

---
#### In the Matter of Madeline Acosta, Respondent, v New York City Department of Education et al., Appellants.

Submitted January 19, 2010;

decided February 11, 2010

Motion by New York City Bar Association for leave to file a *736brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
##### 



EXHIBIT 12.2 ARCHSTONE-SMITH TRUST
COMPUTATION OF RATIO OF EARNINGS TO COMBINED FIXED CHARGES
AND PREFERRED SHARE DIVIDENDS(Dollar amounts in thousands) (Unaudited) Years Ended December 31,2003 (1)
    
    2002 (1)
    
    2001 (1)
    
    2000 (1)
    
    1999 (1)Earnings from operations
    
    $
    108,262
    
    
    $
    127,619
    
    
    $
    130,070
    
    
    $
    139,295
    
    
    $
    140,920Add:Interest expense
    
    
    186,832
    
    
    
    190,005
    
    
    
    88,081
    
    
    
    107,231
    
    
    
    94,471Earnings as adjusted
    
    $
    295,094
    
    
    $
    317,624
    
    
    $
    218,151
    
    
    $
    246,526
    
    
    $
    235,391Combined fixed charges and
Preferred Share dividends:Interest expense
    
    $
    186,832
    
    
    $
    190,005
    
    
    $
    88,081
    
    
    $
    107,231
    
    
    $
    94,471Capitalized interest
    
    
    26,854
    
    
    
    32,377
    
    
    
    31,600
    
    
    
    37,079
    
    
    
    41,099Total fixed charges
    
    
    213,686
    
    
    
    222,382
    
    
    
    119,681
    
    
    
    144,310
    
    
    
    135,570Preferred Share dividends
    
    
    20,997
    
    
    
    32,185
    
    
    
    25,877
    
    
    
    25,340
    
    
    
    23,733Combined fixed charges and
Preferred Share dividends
    
    $
    234,683
    
    
    $
    254,567
    
    
    $
    145,558
    
    
    $
    169,650
    
    
    $
    159,303Ratio of earnings to
combined fixed charges and
Preferred Share dividends
    
    
    1.3
    
    
    
    1.2
    
    
    
    1.5
    
    
    
    1.5
    
    
    
    1.5
   (1)
    
    Net earnings from discontinued operations have been reclassified for
all years presented.
#### In the Matter of Zhuang Li Cai, Appellant, v M.D. Jamil Uddin, Respondent.

Submitted March 1, 2010;

decided April 6, 2010

Motion for reargument of motion for leave to appeal denied *[see*13 NY3d 715 (2010)].
[Federal Register Volume 66, Number 103 (Tuesday, May 29, 2001)]
[Notices]
[Page 29156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13335]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute 
Special Emphasis Panel NHLBI, National Research Service Training, 
SEP (K's).
    Date: June 28-29, 2001.
    Time: 7 PM to 5 PM.
    Agenda: To review and evaluate grant applications.
    Place: Chevy Chase Holiday Inn, 5520 Wisconsin Ave., Chevy 
Chase, MD 20815.
    Contact Person: Roy L. White, Phd, Review Branch, NIH, NHLBI, 
Rockledge Building II, 6701 Rockledge Drive, Room 7196, Bethesda, MD 
20892, 301-435-0291.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: May 22, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-13335 Filed 5-25-01; 8:45 am]
BILLING CODE 4140-01-M