alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Cite as State ex rel. Oko v. McDonnell , 2012-Ohio-3698.] 

# Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 98241



## STATE OF OHIO, EX REL., MICHAEL OKO

RELATOR

vs.


## NANCY R. MCDONNELL, JUDGE

RESPONDENT



### JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 454873

Order No. 457102

RELEASE DATE: August 13, 2012FOR RELATOR

Michael Oko, pro se Inmate No. 500-505 Lake Erie Correctional Institution 501 Thompson Road Conneaut, Ohio 44030

ATTORNEYS FOR RESPONDENT

William D. Mason Cuyahoga County Prosecutor James E. Moss Assistant County Prosecutor 9th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113MARY J. BOYLE, J.:

{¶1} Relator requests that this court compel respondent judge to dispose of his

motion for jail-time credit in State v. Oko , Cuyahoga C.P. No. CR-447702. (Although

Oko avers that the motion was filed on January 20, 2012, the docket reflects that the

motion was filed on March 29, 2012.)

{¶2} Respondent has filed a motion for summary judgment attached to which is a

copy of a journal entry issued by respondent and received for filing by the clerk on April 4,

2012, in which respondent granted relator 134 days jail-time credit. Relator has not

opposed the motion for summary judgment. Respondent argues that this action in

mandamus is, therefore, moot. We agree.

{¶3} Additionally, Oko

failed to file an affidavit containing a description of each civil action or appeal of a civil action that he had filed in the previous five years in any state or federal court, in violation of R.C. 2969.25(A). Furthermore, he failed to include in his affidavit of indigency a statement setting forth the balance in his inmate account for each of the preceding six months, as certified by the institutional cashier, in violation of R.C. 2969.25(C).

State ex rel. McGrath v. McDonnell , 126 Ohio St.3d 511, 2010-Ohio-4726, 935 N.E.2d

830, at ¶ 2. Oko’s failure to comply with the requirements of R.C. 2969.25 provides a

basis for dismissal. Id. at ¶ 3.

{¶4} Accordingly, respondent’s motion for summary judgment is granted.

Relator to pay costs. The clerk of court is directed to serve upon the parties notice of this

judgment and its date of entry upon the journal. Civ.R. 58(B).{¶5} Writ denied.

_________________________________________ MARY J. BOYLE, JUDGE

MELODY J. STEWART, P.J., and LARRY A. JONES, SR., J., CONCUR
#### Deborah Rae Lamb et al., Appellants, v Governor for New York State et al., Respondents.

Decided February 21, 2012

Reported below, 90 AD3d 716.

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.
Exhibit 32



CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT
TO SECTION 906 OF

THE SARBANES-OXLEY
ACT OF 2002



In connection with the Quarterly Report of
Monarch Investment Properties, Inc. (the "Company") on Form 10-Q for the period ended September 30, 2011 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, David Miller, President and
principal Executive Officer, 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 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/ Philip Bloom                                             |  | 
|Principal Financial Officer and Principal Accounting Officer |  | 
|November 4, 2011                                             |  | 
|                                                             |  | 
|                                                             |  | 
|/s/ David Miller                                             |  | 
|President and Principal Executive Officer                    |  | 
|November 4, 2011                                             |  | 
|                                                             |  | 
|                                                             |  | 





A signed original of this written statement
required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained by the Company
and furnished to the Securities and Exchange Commission or its staff upon request.



The foregoing certification is being furnished
solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the united States Code)
and is not being filed as part of the Report or as a separate disclosure document.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 950 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 950

   To amend chapter 33 of title 38, United States Code, to increase 
   educational assistance for certain veterans pursuing a program of 
              education offered through distance learning.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2009

  Mr. Filner introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
   To amend chapter 33 of title 38, United States Code, to increase 
   educational assistance for certain veterans pursuing a program of 
              education offered through distance learning.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INCREASE OF EDUCATIONAL ASSISTANCE FOR CERTAIN VETERANS 
              PURSUING A PROGRAM OF EDUCATION OFFERED THROUGH DISTANCE 
              LEARNING.

    Section 3313(c)(1)(B)(i) of title 38, United States Code, is 
amended by striking the following: ``(other than, in the case of 
assistance under this section only, a program of education offered 
through distance learning)''.
                                 <all>
```
In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 11-493V

(Not to be published)

* * * * * * * * * * * * * * * * * * * * * * * 

*

LINDA SCHUR, *

*

Petitioner, * 

* Filed: May 3, 2013

v. *

* Decision on Attorneys’

SECRETARY OF HEALTH AND * Fees and Costs

HUMAN SERVICES *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * 

DECISION1(ATTORNEY FEES AND COSTS)

In this case under the National Vaccine Injury Compensation Program,2 Chief 

Special Master Campell-Smith, issued a decision on November 26, 2012. On May 3, 

2013, the parties filed a stipulation concerning attorney’s fees and costs in this matter. 

The parties’ stipulation requests a total payment of $21,500.00, representing attorney’s 

fees and costs. In accordance with General Order #9, the stipulation includes a statement 

that Petitioner incurred no reimbursable costs in pursuit of her claim. 

I find that this petition was brought in good faith and that there existed a 

reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, 

pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems 

reasonable and appropriate. Accordingly, I hereby award the total $21,500.00, as a 

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims’ website, in accordance 

with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 

U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request 

redaction “of any information furnished by that party (1) that is trade secret or commercial or financial information 

and is privileged or confidential, or (2) that are medical files and similar files the disclosure of which would 

constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, “the entire” decision will be 

available to the public. Id.

2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). 
lump sum in the form of a check payable jointly to Petitioner and Petitioner’s 

counsel, Isaiah Kalinowski, forwarded to the main office of Maglio, Christopher, 

and Toale, located at 1605 Main Street, Suite 710, Sarasota, Florida 34236.

 

In the absence of a timely-filed motion for review filed pursuant to Appendix B of 

the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment 

in accordance herewith.

IT IS SO ORDERED

 /s/ Lisa Hamilton-Fieldman. 

 Lisa Hamilton-Fieldman

 Special Master
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on February 14, 2001, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), the Coalition for Healthcare eStandards, Inc. (The “Coalition”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the identities of the parties and (2) the nature and objective of the venture. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.                

Pursuant to Section 6(b) of the Act, the identities of the parties are: Consorta, Rolling Meadows, IL; empactHealth.com, Nashville, TN; Global Healthcare Healthcare Exchange, Westminister, CO; HealthTrust Purchasing Group, Nashville, TN; MedAssets.com, Alpharetta, GA; MedCenterDirect.com, Atlanta, GA; Medibuy.com, San Diego, CA; Neoforma.com, Inc., San Jose, CA; The New Health Exchange, St. Louis Park, MN; Novation, LLC, Irving, TX; and Premier, Inc., San Diego, CA.

The general area of planned activity is to promote the development and adoption of uniform, open standards for supply chain transactions made over the Internet (“Standards”); to promote such Standards worldwide; and to undertake such other activities as may from time to time be appropriate to further the purposes and achieve these goals.

Constance K. Robinson,

Director of Operations Antitrust Division.

[FR Doc. 01-13770  Filed 5-31-01; 8:45 am]

BILLING CODE 4410-11-M
---

EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICERPURSUANT
TO18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT
TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Theron Resource
Group (the Company) on Form 10-Q for the quarter ended August 31, 2007, as
filed with the Securities and Exchange Commission on the date hereof (the
Periodic Report), I, Jerry R. Satchwell, 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, that:

|1. | the Periodic 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 Periodic Report fairly
      presents, in all material respects, the financial condition and results of
      operations of the Company.

Date: June 10, 2008

/s/ Jerry R. Satchwell

Jerry R. Satchwell Chief Financial Officer

---
EXHIBIT 32.2

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




I, William J. Kullback, Chief Financial Officer (principal financial officer) of
IntriCon Corporation (the "Company"), certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

     1)  the annual report on Form 10-K/A of the Company for the year ended
         December 31, 2004 (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 results of operations of
         the Company.


Date: June 27, 2005
                                                  /s/ William J. Kullback
                                                  ------------------------------
                                                  William J. Kullback
                                                  Chief Financial Officer and
                                                  Treasurer (principal financial
                                                  officer)

The foregoing certification is being furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the
United States Code) and is not being filed as part of the Report or as a
separate disclosure document.
**EXHIBIT 23.4****CONSENT OF EXPERT**     Reference is made to the Annual Report on Form 40-F (the “40-F”) of Ivanhoe Mines Ltd. (the“Company”) to be filed with the United States Securities and Exchange Commission pursuant to theSecurities Exchange Act of 1934, as amended.     We hereby consent to the use of and reference to our name and reports, and the inclusion ofinformation derived from our reports, under the “Item 4: Description of the Business – NariinSukhait Coal Project” and the use of and reference to our name in “Item 12: Interests of Experts”in the Company’s Annual Information Form for the year ended December 31, 2005, dated March 30,2006, and in the 40-F.Sincerely,Norwest Corporation     */s/ RichardD. Tifft III*     Name: Richard D. Tifft III, PG  Title: Vice President Geologic Service       Date: March 30, 2006
---

EXHIBIT 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report of Viscount Systems,
  Inc. (the "Company") on Form 10-KSB for the fiscal year ended December 31, 2003
  as filed with the Securities and Exchange Commission on March 31, 2003 (the
  "Report"), each of the undersigned, in the capacities and on the dates indicated
  below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant
  to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:

|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 results of operations
      of the Company.



|Dated: March 30, 2004 | /s/ Stephen Pineau                   
|--------------------- | -------------------------------------
|                      | Stephen Pineau                       
|                      | President and Chief Executive Officer
|                      |                                      
|Dated: March 30, 2004 | /s/ Les Fong                         
|                      | Les Fong                             
|                      | Chief Financial Officer              

---
Exhibit 99.1
                                 ------------

                                      11
<PAGE>

COUNTRYWIDE HOME LOANS SERVICING, LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                 CWABS, INC.
                   ASSET-BACKED CERTIFICATES, SERIES 2001-3


     The undersigned do hereby certify that they are each an officer of
Countrywide Home Loans Servicing, LP (a "Master Servicer"), which has assumed
all duties of master servicer from Countrywide Home Loans, Inc. (also, a
"Master Servicer" and, together with Countrywide Home Loans Servicing, LP, the
"Master Servicers") as of October 15, 2001, and do hereby further certify
pursuant to Section 3.16 of the Pooling and Servicing Agreement for the
above-captioned Series (the "Agreement") that:

     (i) A review of the activities of the Master Servicers during the
     preceding calendar year and of the performance of the Master
     Servicers under the Agreement has been made under our supervision;
     and

     (ii) To the best of our knowledge, based on such review, each Master
     Servicer has fulfilled all its obligations under the Agreement
     throughout such year.




/s/ Thomas K. McLaughlin                             Dated: March 25, 2002

THOMAS K. MCLAUGHLIN
MANAGING DIRECTOR AND CHIEF FINANCIAL OFFICER



/s/ David A. Spector                                 Dated: March 25, 2002

DAVID A. SPECTOR
MANAGING DIRECTOR



                                      12
#### Randy Ratajczak, as Administrator of the Estate of Mary Ratajczak, Respondent, v Mahmood Yoonessi, M.D., et al., Appellants. (And a Third-Party Action.)

Submitted February 22, 2010;

decided March 30, 2010

On the Court’s own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. Motion to disqualify counsel etc. denied.
#### The People of the State of New York, Respondent, v Tara Gravino, Appellant.

Submitted February 16, 2010;

decided February 18, 2010

Motion by District Attorneys Association of the State of New York for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served and 24 copies filed within seven days.
I 

116TH CONGRESS 

1ST SESSION H. R. 2322 

To amend section 3903 of title 31, United States Code, to establish accelerated payments applicable to contracts with certain small business concerns, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2019 

Mr. BALDERSON (for himself, Ms. HOULAHAN, Mr. CROW, Mr. CHABOT, and 

Mr. ESPAILLAT) introduced the following bill; which was referred to the 

Committee on Oversight and Reform 

A BILL 

To amend section 3903 of title 31, United States Code, 

to establish accelerated payments applicable to contracts 

with certain small business concerns, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Accelerated Payments 

5 for Small Businesses Act of 2019’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 2322 IH

1 SEC. 2. ACCELERATED PAYMENTS APPLICABLE TO CON2 TRACTS WITH CERTAIN SMALL BUSINESS 

3 CONCERNS UNDER THE PROMPT PAYMENT 

4 ACT. 

5 Section 3903(a) of title 31, United States Code, is 

6 amended— 

7 (1) in paragraph (1)(B), by inserting ‘‘except as 

8 provided in paragraphs (10) and (11),’’ before ‘‘30 

9 days’’; 

10 (2) in paragraph (8), by striking ‘‘and’’; 

11 (3) in paragraph (9), by striking the period at 

12 the end and inserting a semicolon; and 

13 (4) by adding at the end the following new 

14 paragraphs: 

15 ‘‘(10) for a prime contractor (as defined in sec16 tion 8701(5) of title 41) that is a small business 

17 concern (as defined under section 3 of the Small 

18 Business Act (15 U.S.C. 632)), to the fullest extent 

19 permitted by law, require that the head of an agency 

20 establish an accelerated payment date with a goal of 

21 15 days after a proper invoice for the amount due 

22 is received if a specific payment date is not estab23 lished by contract; and 

24 ‘‘(11) for a prime contractor (as defined in sec25 tion 8701(5) of title 41) that subcontracts with a 

26 small business concern (as defined under section 3 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•HR 2322 IH

1 of the Small Business Act (15 U.S.C. 632)), to the 

2 fullest extent permitted by law, require that the 

3 head of an agency establish an accelerated payment 

4 date with a goal of 15 days after a proper invoice 

5 for the amount due is received if— 

6 ‘‘(A) a specific payment date is not estab7 lished by contract; and 

8 ‘‘(B) such prime contractor agrees to make 

9 payments to such subcontractor in accordance 

10 with such accelerated payment date, to the 

11 maximum extent practicable, without any fur12 ther consideration from or fees charged to such 

13 subcontractor.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
Exhibit 10.16





Exhibit 10.16




Non-Employee Director Compensation





Cash compensation for non-employee directors is as follows:



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Annual	 	 	Board Meeting Attended	 	 	Committee Meeting Attended	 
	Position	 	Retainer*	 	 	In Person	 	 	By Telephone	 	 	In Person	 	 	By Telephone	 
	Board Chairman
	 	$	40,000	 	 	$	2,500	 	 	$	700	 	 	$	650	 	 	$	500	 
	Audit Committee Chairman
	 	$	30,000	 	 	$	2,000	 	 	$	500	 	 	$	650	 	 	$	500	 
	Compensation Committee Chairman
	 	$	27,500	 	 	$	2,000	 	 	$	500	 	 	$	650	 	 	$	500	 
	Nominating Committee Chairman
	 	$	25,000	 	 	$	2,000	 	 	$	500	 	 	$	650	 	 	$	500	 
	Board Member (other than Board or
Committee Chairs)
	 	$	20,000	 	 	$	2,000	 	 	$	500	 	 	$	650	 	 	$	500	 






* Each non-employee director is entitled to only one annual retainer fee.



Equity compensation for non-employee directors is as follows:



Annual Grants. Each year, immediately following Cardica, Inc.’s Annual Meeting of
Stockholders, each non-employee director will be granted an option to purchase 12,200 shares of the
Company’s common stock. Each such option will vest monthly over the ensuing year.



Initial Grants. Automatically upon becoming a director, any new non-employee director
shall be granted an option to purchase 36,100 shares of Cardica, Inc.’s common stock, vesting
monthly over three years.



The foregoing compensation for non-employee directors was approved by Cardica, Inc.’s board of
directors on October 10, 2009, effective immediately.