alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2019399EN.01001601.xml

| 25.11.2019 | EN | Official Journal of the European Union | C 399/16 |
| --- | --- | --- | --- |

25.11.2019

EN

Official Journal of the European Union

C 399/16

---

Judgment of the Court (Fourth Chamber) of 19 September 2019 (request for a preliminary ruling from the Upper Tribunal — United Kingdom) — The Commissioners for Her Majesty’s Revenue and Customs v Henrika Dakneviciute

(Case C-544/18) (1)

(Reference for a preliminary ruling - Article 49 TFEU - Freedom of establishment - Self-employment - National of a Member State who ceases to be self-employed because of the physical constraints in the late stages of pregnancy and the aftermath of childbirth - Retention of self-employed status)

(2019/C 399/18)

Language of the case: English

Referring court

Upper Tribunal

Parties to the main proceedings

Applicant: The Commissioners for Her Majesty’s Revenue and Customs

Defendant: Henrika Dakneviciute

Operative part of the judgment

Article 49 TFEU must be interpreted as meaning that a woman who ceases self-employed activity in circumstances where there are physical constraints in the late stages of pregnancy and the aftermath of childbirth retains the status of being self-employed, provided that she returns to the same or another self-employed activity or employment within a reasonable period after the birth of her child.

---

(1)  OJ C 436, 3.12.2018.

---
Exhibit 13.1


CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





Each of the undersigned hereby certifies, in his capacity as an officer of James Hardie Industries plc (the “Company”), for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his knowledge:





|  |                                                                                                                                                                                                                  
|- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|• | the Annual Report on Form 20-F for the fiscal year ended 31 March 2019, as amended by Amendment No. 1, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

the information contained in such report fairly presents, in all material respects, the financial condition and results of operation of the Company.








Dated: 8 August 2019


/s/ Jack TruongJack TruongChief Executive Officer/s/ Matthew MarshMatthew MarshChief Financial Officer





*The foregoing certification is being furnished as an exhibit pursuant to the rules of Form 20-F and Section 906 of the Sarbanes-Oxley Act of 2002 and, accordingly, is not being filed with the Securities and Exchange Commission as part of the Form 20-F and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Form 20-F, irrespective of any general incorporation language contained in such filing).
exv10w2





Exhibit 10.2




BOB EVANS FARMS, INC.

2010 EQUITY AND CASH INCENTIVE PLAN




OTHER STOCK-BASED (WHOLE SHARE) AWARD AGREEMENT

(For Directors)


Bob Evans Farms, Inc. (the “Company”) hereby grants the undersigned Participant an Other
Stock-Based Award consisting of unrestricted Shares (“Whole Shares”), subject to the terms and
conditions described in the Bob Evans Farms, Inc. 2010 Equity and Cash Incentive Plan (the “Plan”)
and this Other Stock-Based (Whole Share) Award Agreement (this “Award Agreement”).





	1.	 	Name of Participant:                                                             
	 
	2.	 	Grant Date:                      (the “Grant Date”)
	 
	3.	 	Number of Whole Shares:                                         
	 
	4.	 	Terms and Conditions:






	 	(a)	 	Governing Law. This Award Agreement will be construed in accordance
with and governed by the laws (other than laws governing conflicts of laws) of the
State of Ohio except to the extent that the Delaware General Corporation Law is
mandatorily applicable.
	 
	 	(b)	 	Whole Shares Subject to the Plan. The Whole Shares are subject to the
terms and conditions described in this Award Agreement and the Plan, which is
incorporated by reference into and made a part of this Award Agreement. In the event
of a conflict between the terms of the Plan and the terms of this Award Agreement, the
terms of the Plan will govern. The Committee has the sole responsibility of
interpreting the Plan and this Award Agreement, and its determination of the meaning of
any provision in the Plan or this Award Agreement shall be binding on the Participant.
	 
	 	(c)	 	Signature in Counterparts. This Award Agreement may be signed in
counterparts, each of which will be deemed an original, but all of which will
constitute one and the same instrument.
	 
	 	(d)	 	Defined Terms. Capitalized terms that are not defined in this Award
Agreement have the same meaning as in the Plan.




 









 












*           *           *           *           *




	 	 	 	 	 	 	 

	PARTICIPANT	 	 	 	 
	 
	 	 	 	 	 	 
	 
	 	 	 	Date:	 	 
	 	 	 	 	 
	 

	 	 	 	 	 	 
	Signature	 	 	 	 
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 	 	 	 	 
	Print Name	 	 	 	 
	 
	 	 	 	 	 	 
	BOB EVANS FARMS, INC.	 	 	 	 
	 
	 	 	 	 	 	 
	By:

	 	 	 	Date:	 	 
	 

	 	 
	 	 	 	 





2
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14** 
**- 7640** 

UNITED STATES OF AMERICA ,
Plaintiff

- Appellee ,

v.

ANTONIO GERMAINE JOHNSON ,
Defendant

- Appellant

.

Appeal from the United States District Court for the District of South Carolina , at Florence

. C. Weston Houck, Senior District Judge. ( 4:02

- cr
- 00579

- CWH

- 1 )

Submitted : April 24, 2015 Decided: May 28, 2015

Before MOTZ, DIAZ, and FLOYD , Circuit Judges.

Dismissed by un published per curiam opinion

.

Antonio Germaine Johnson , Appellant Pro Se. Robert Frank Daley, Jr., Assistant U nited S tates Attorney , Columbia, South Carolina; William E. Day, II, Assistant U nited S tates Attorney , Florence, South Carolina, for Appellee

.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:

Antonio Germaine Johnson seeks to appeal his 2003 criminal
judgment imposed following his guilty plea to conspiracy to

distribute and to possess with intent to distribute 50 grams or

more of cocaine base, a nd five kilograms or more of cocaine, in

violation of 21 U.S.C. § 846 (2012). The district court entered
judgment on May 21, 2003. At th at time , Rule 4(b)(1)(A) of the
Federal Rules of Appellate Procedure required a defendant in a

criminal case to file his notice of appeal within ten days of
the entry of judgment. 1 With or without a motion, upon a showing
of excusable neglect or good cause, the district court may grant
an extension of up to thirty days to file a notice of appeal.
Fed. R. App. P. 4(b)(4 ); United States v. Reyes , 759 F.2d 351,
353 (4th Cir. 1985).
Johnson filed his notice of appeal, at the earliest, on

October 8 , 201 4

. 2 Because Johnson failed to file a timely notice
of appeal or to obtain an extension of the appea l period, we

1 Rule 4 was amended effective December 1, 2009, to establish a 14

- day appeal period. Fed. R. Crim. P. 4(b)(1)(A) (2009).

2 Johnson ’s notice of appeal was undated. However, he included a certificate of service stating that he mailed the notice of appeal to the United States Attorney on October 8, 201 4 . We presume that this is the earliest date Johnson could have delivered his notice of appeal to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack , 487 U.S. 266, 276 (1988).3 dismiss th e appeal as untimely. 3 Johnson’s motion for
appointment of counsel is denied. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court.

DISMISSED

3 We note that the appeal period in a criminal case is not a jurisdictional provision, but, rather, a claim

- processing rule. United States v. Urutyan , 564 F.3d 679 , 685 (4th Cir. 2009). Because Johnson’s appeal is inordinately late, and its consideration is not in the best interest of judicial economy, we exercise our inherent power to dismiss it. United States v. Mitchell , 518 F.3d 740, 744, 750 (10th Cir. 2008).
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


         In connection with the Annual Report of Life Sciences Research, Inc.
("LSR") on Form 10-K for the period ended December 31, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Richard
Michaelson, Chief Financial Officer of LSR 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 results of operations of LSR.




Date:    March 16, 2006                    /s/     Richard Michaelson

                                                   --------------------
                                                   Richard Michaelson
                                                   Chief Financial Officer
Exhibit 32.1 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  In connection with the Quarterly Report on Form 10-Q for the three-month period ending November 30, 2008 of Sparking Events, Inc., a Nevada corporation (the "Company"), as filed with the Securities and Exchange Commission on the date hereof (the "Quarterly Report"), I, Adam Santos, Chairman, President and Chief Financial Officer of the Company certify, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  1. The Quarterly Report fully complies with the requirements of Section 13(a) or15(d) of the Securities and Exchange Act of 1934, as amended; and  2. The information contained in this Quarterly Report fairly presents, in all material respects, the financial condition and results of operation of the Company.   /s/ Adam Santos ---------------------------------- Adam Santos  President, Secretary Treasurer, Principal Executive Officer, Principal Financial Officer and Director   Date: January 14, 2009
[Federal Register Volume 66, Number 103 (Tuesday, May 29, 2001)]
[Rules and Regulations]
[Page 29019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13314]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 01-AEA-10]


Amendment to Class E Airspace, Salisbury, MD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION:  Final rule; correction.

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

SUMMARY: This action corrects an error in the geographic coordinates of 
a final rule that was published in the Federal Register on April 13, 
2001, Airspace Docket No. 00-AEA-03FR

EFFECTIVE DATE: July 12, 2001.

FOR FURTHER INFORMATION CONTACT: Mr. Francis T. Jordan, Jr., Airspace 
Specialist, Airspace Branch, AEA-520 F.A.A. Eastern Region, 1 Aviation 
Plaza, Jamaica, NY; 11434-4809; telephone: (718) 553-4521.

SUPPLEMENTARY INFORMATION:

History

    Federal Register document 01-7419, Airspace Docket No. 00-AEA-03FR, 
published on April 13, 2001 (66 FR 19083), established Class E airspace 
at Salisbury, MD. An error was discovered in the geographic coordinates 
for the Salisbury, MD airport and two other geographic points were 
omitted. This action corrects those errors.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, the 
geographic coordinates for the Salisbury airport as published in the 
Federal Register on April 13, 2001 (72 FR 19803, (Federal Register 
Document 01-7419; page 19083 column 2), are corrected as follows:


Sec. 71.71  [Corrected]

AEA MD E2  Salisbury, MD (Corrected)

Salisbury-Ocean City, Wicomico County Regional Airport

    By removing ``(lat. 38 deg.20.43' N/long. 75 deg.30.62' W)'' and 
substituting ``(lat. 38 deg.20'26" N/long. 75 deg.30'37" W)''
    By adding;

Salisbury VORTAC
    (Lat. 38 deg.20'42" N., long. 75 deg.30'38' W.
Salisbury-Wicomico County Regional Airport ILS
    Runway 32 Localizer
    (Lat. 38 deg.20'52" N., long. 75 deg.31'10" W.)

    Issued in Jamaica, New York, on May 15, 2001.
F.D. Hatfield,
Manager, Air Traffic Division, Eastern Region.
[FR Doc. 01-13314 Filed 5-25-01; 8:45 am]
BILLING CODE 4910-13-M
exv4w1






Exhibit 4.1




Specimen Stock Certificate




See Reverse for Important Notice on Transfer Restrictions and Other Information



	 	 	 

	NUMBER 

XXX
	 	SHARES

XXX






SUMMIT HOTEL PROPERTIES, INC.

(a corporation formed under the laws of the State of Maryland)




Total Authorized Issue:

1,000 Shares, Par Value $0.01 Per Share

of Common Stock


This is to certify that XXXXXXX is the owner of XXX fully paid and non-assessable shares of
the above-named Corporation transferable only on the books of the above-named Corporation by the
holder thereof in person or by a duly authorized attorney upon surrender of this certificate
properly endorsed.



This certificate and the shares represented hereby are issued and shall be held
subject to all of the provisions of the Charter and Bylaws of the above-named
Corporation and any amendments thereto.



Witness, the seal of the above-named Corporation and the signatures of its duly authorized officers.



Dated:                     , 2010




	 	 	 	 	 	 	 

	 

	 	(SEAL)	 	 	 	 
	 

Secretary

	 	 	 	 

President
Exhibit
32.1
 
 Certification
Pursuant to 18 U.S.C. Section 1350,
 
 As
Adopted Pursuant to
 
 Section
906 of the Sarbanes-Oxley Act of 2002
 
 
 In
connection with the Quarterly Report of XODTEC GROUP USA, INC. (the
“Registrant”) on Form 10-Q for the fiscal quarter ended August 31, 2009 as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
Yao-Ting Su, as President and Chairman of the Board hereby certifies, 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), as
applicable of the Securities Exchange Act of 1934; and
 
 (2)  The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the
Registrant.
  
 Dated:
      October 20, 2009
              
              /s/ Yao-Ting SuYao-Ting
      SuPresident,
      Chairman of the Board(principal
      executive officer)
 
 A signed
original of this written statement required by Section 906 has been provided to
Xodtec Group USA, Inc. and will be retained by Xodtec Group USA, Inc. and
furnished to the Securities and Exchange Commission or its staff upon
request.
Electronically Filed

Intermediate Court of Appeals

CAAP-13-0005779

18-FEB-2015

08:47 AM
EXHIBIT 32.1


Certification of Chief Executive Officer and Chief Financial Officer


Pursuant to


18 U.S.C. Section 1350


as adopted pursuant to


Section 906 of The Sarbanes-Oxley Act of 2002




The undersigned, the Chief Executive Officer of Retail Opportunity Investments Corp. (the "Company"), hereby certifies to the best of his knowledge on the date hereof, pursuant to 18 U.S.C. 1350(a), as adopted pursuant to Section 906 of The Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q for the quarter ended March 31, 2011 (the "Form 10-Q"), filed concurrently herewith by the Company, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date:  May 6, 2011
By:/s/ Stuart A. Tanz

Name:  Stuart A. Tanz

Title:  Chief Executive Officer





The undersigned, the Chief Financial Officer of Retail Opportunity Investments Corp. (the "Company"), hereby certifies to the best of his knowledge on the date hereof, pursuant to 18 U.S.C. 1350(a), as adopted pursuant to Section 906 of The Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q for the quarter ended March 31, 2011 (the "Form 10-Q"), filed concurrently herewith by the Company, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date:  May 6, 2011
By:/s/ John B. Roche

Name:  John B. Roche

Title:  Chief Financial Officer





Pursuant to the Securities and Exchange Commission Release 33-8238, dated June 5, 2003, this certification is being furnished and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or incorporated by reference in any registration statement of the Company filed under the Securities Act of 1933, as amended.




A signed original of this written statement required by Section 906 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.
Exhibit 16.2





November 27, 2007



Securities and Exchange Commission

Washington, D.C. 20549



Commissioners:



We have read Eautoclaims, Inc.s statements included under Item 4.01 of its Form 8-K filed on November 27, 2007, and we agree with such statements concerning our firm.







/S/ GOLDSTEIN GOLUB KESSLER LLP





---
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No s . 42676 /42677

STATE OF IDAHO ,
Plaintiff

- Respondent ,

v.

LARRY BREWER ,
Defendant

- Appellant

. ) ) ) ) ) ) ) ) ) ) 2015 Unpublished Opinion No. 579

Filed: August 6, 2015
Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. George A. Southworth , District Judge.
Judgment s of conviction and concurrent unified sentences of five years with two and one

- half years determinate for failure to register as a sex offender and possession of a controlled substances, affirmed

. Sara B. Thomas, State Appellate Public Defender; Reed P. Anderson , Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney Gener al; Lori A. Fleming , Deputy Attorney General, Boise, for respondent.

________________________________________________

Before MELANSON, Chief Judge; GUTIERREZ, Judge; and GRATTON, Judge

________________________________________________ PER CURIAM In Docket No. 42676, Larry Brewer pled guilty to failure to register as a sex offender
, Idaho Code §§ 18

- 8304, 18

- 8307, 18

- 8308, 18

- 8309, 18

- 8311

. The district court imposed a sentence of five years with two and one

- half years determinate. In Docket No. 42677
, Brewer pled guilty to one count of possession of a controlled substance , I.C. § 37

- 2732(c)(1) . The
district court imposed a concurrent sentence of five years with two and one

- half years
determinate

. Brewer appeals asserting that the district court abused its discretion by imposing
excessive sentences.2 Sentencing is a matter for the trial court’s discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of the sentence are well established and need not be repeated here. See State v. Hernandez , 121 Idaho 114, 117

- 18, 822 P.2d 1011, 1014

- 15 (Ct. App. 1991); State v. Lo pez , 106 Idaho 447, 449

- 51, 680 P.2d 869, 871

- 73 (Ct. App. 1984); State v. Toohill , 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver , 144 Idaho
72 2, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion. Therefore, Brewer ’s judgments of conviction and sentences are affirmed.
Exhibit 32.1

CYCLE COUNTRY ACCESSORIES CORP.
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 annual report of Cycle Country
Accessories Corp. (the "Company") on Form
10-KSB for the year ended September 30, 2006 (the "Report"), I,
Randy Kempf, Chief Executive Officer of the Company, certify,
pursuant to Section 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to my
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.



/s/ Randy Kempf
------------------------------------
Randy Kempf
Chief Executive Officer
December 29, 2006



<PAGE>
WITEL
CORP.
 (A
DEVELOPMENT STAGE COMPANY)
 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





In
connection with the Quarterly Report of WiTel Corp. (the "Company") on Form 10-Q
for the quarter ended June 30, 2008 as filed with the Securities and Exchange
Commission on or about the date hereof ("Report"), 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:





3. The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and





4. The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.




Dated:  August
      14, 2008
            /s/ James E.
      Renton
              James
      E. Renton
              Chief
      Financial Officer
              (Principal
      Accounting and Financial Officer)