alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 Annual Report of Solitario Exploration & Royalty Corp. (the "Company") on Form 10-K for the year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Christopher E. Herald, President and Chief Executive 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, to the best of 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.



|Date: February 12, 2010
By: /s/ Christopher E. HeraldChristopher E. Herald
President and Chief Executive Officer
|----------------------------------------------------------------------------------------------------------------
<TABLE> <S> <C>


<ARTICLE>                      5

<S>                            <C>
<PERIOD-TYPE>                  12-MOS
<FISCAL-YEAR-END>              DEC-31-1997
<PERIOD-START>                 JAN-01-1997
<PERIOD-END>                   DEC-31-1997
<CASH>                         54,096
<SECURITIES>                   0
<RECEIVABLES>                  246,410
<ALLOWANCES>                   (28,081)
<INVENTORY>                     17,334
<CURRENT-ASSETS>               343,580
<PP&E>                         1,123,771
<DEPRECIATION>                 963,843
<TOTAL-ASSETS>                 1,130,678
<CURRENT-LIABILITIES>          1,565,978
<BONDS>                        0
<PREFERRED-MANDATORY>          0
<PREFERRED>                    140,000
<COMMON>                         2,667
<OTHER-SE>                     (757,633)
<TOTAL-LIABILITY-AND-EQUITY>   1,130,678
<SALES>                        907,961
<TOTAL-REVENUES>               907,961
<CGS>                          616,652
<TOTAL-COSTS>                  616,652
<OTHER-EXPENSES>               636,859
<LOSS-PROVISION>               0
<INTEREST-EXPENSE>             87,721
<INCOME-PRETAX>                (433,271)
<INCOME-TAX>                   0
<INCOME-CONTINUING>            (433,271)
<DISCONTINUED>                 106,298
<EXTRAORDINARY>                15,515
<CHANGES>                      0
<NET-INCOME>                   (311,458)
<EPS-BASIC>                    (0.120)
<EPS-DILUTED>                  0


</TABLE>
Maikel Suarez PLASENCIA, petitioner, v. UNITED STATES.

No. 18-6714.

Supreme Court of the United States

Jan. 7, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

CARLOS ENRIQUE CARDONA RIVAS,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-71806

Agency No. A075-310-026

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted May 24, 2011** 

Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.

Carlos Enrique Cardona Rivas, a native and citizen of Guatemala, petitions

pro se for review of the Board of Immigration Appeals’ order dismissing his appeal

from an immigration judge’s decision denying his application for asylum and

withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review

FILED

JUN 03 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-71806

for substantial evidence findings of fact, including adverse credibility

determinations, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001), and we

deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination

based on the inconsistencies both within Cardona Rivas’ testimony, and between

his testimony and documentary evidence concerning whether or not he deserted the

army, whether or not he participated in the harm of others during his military

service, and when his cousin was harmed by guerillas. See id. at 1043. Contrary to

Cardona Rivas’ assertion, these inconsistencies are material to his claim. See id.

(inconsistencies relating to “the events leading up to [petitioner’s] departure” were

material); see also 8 U.S.C. § 1158(b)(2)(A)(i) (a person who “ordered, incited,

assisted, or otherwise participated in the persecution” of any person on account of

one of the five grounds may not be granted asylum). In the absence of credible

testimony, Cardona Rivas’ asylum and withholding of removal claims fail. See

Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.
<TABLE> <S> <C>

<ARTICLE>                     5

<S>                           <C>
<PERIOD-TYPE>                 12-MOS
<FISCAL-YEAR-END>             DEC-31-1999
<PERIOD-START>                JAN-01-1999
<PERIOD-END>                  DEC-31-1999
<CASH>                        104,607
<SECURITIES>                  0
<RECEIVABLES>                 131,654
<ALLOWANCES>                  (5,000)
<INVENTORY>                   4,000
<CURRENT-ASSETS>              267,895
<PP&E>                        930,848
<DEPRECIATION>                870,819
<TOTAL-ASSETS>                330,427
<CURRENT-LIABILITIES>         418,461
<BONDS>                       0
<PREFERRED-MANDATORY>         0
<PREFERRED>                   717,985
<COMMON>                      3,640
<OTHER-SE>                    (905,507)
<TOTAL-LIABILITY-AND-EQUITY>  303,427
<SALES>                       1,069,746
<TOTAL-REVENUES>              1,069,746
<CGS>                         776,070
<TOTAL-COSTS>                 776,070
<OTHER-EXPENSES>              489,811
<LOSS-PROVISION>              0
<INTEREST-EXPENSE>            5,161
<INCOME-PRETAX>               (174,935)
<INCOME-TAX>                  0
<INCOME-CONTINUING>           (174,935)
<DISCONTINUED>                0
<EXTRAORDINARY>               47,874
<CHANGES>                     0
<NET-INCOME>                  (127,061)
<EPS-BASIC>                   0
<EPS-DILUTED>                 0


</TABLE>
Samuel Lewis TAYLOR, petitioner, v. Michael MILLER, et al.

No. 18-7458.

Supreme Court of the United States

March 18, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1693 Received in Senate (RDS)]

  1st Session
                                H. R. 1693

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1999

                                Received

_______________________________________________________________________

                                 AN ACT

 
 To amend the Fair Labor Standards Act of 1938 to clarify the overtime 
     exemption for employees engaged in fire protection activities.

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

SECTION 1. DEFINITION OF FIRE PROTECTION ACTIVITIES.

    Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) 
is amended by adding at the end the following:
    ``(y) `Employee in fire protection activities' means an employee, 
including a firefighter, paramedic, emergency medical technician, 
rescue worker, ambulance personnel, or hazardous materials worker, 
who--
            ``(1) is trained in fire suppression, has the legal 
        authority and responsibility to engage in fire suppression, and 
        is employed by a fire department of a municipality, county, 
        fire district, or State; and
            ``(2) is engaged in the prevention, control, and 
        extinguishment of fires or response to emergency situations 
        where life, property, or the environment is at risk.''.

SEC. 2. CONSTRUCTION.

    The amendment made by section 1 shall not be construed to reduce or 
substitute for compensation standards (1) contained in any existing or 
future agreement or memorandum of understanding reached through 
collective bargaining by a bona fide representative of employees in 
accordance with the laws of a State or political subdivision of a 
State, and (2) which result in compensation greater than the 
compensation available to employees under the overtime exemption under 
section 7(k) of the Fair Labor Standards Act of 1938.

            Passed the House of Representatives November 4, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

JEFFREY SHAYNE GOTREAUX,

Plaintiff,

v. 

STEVENS TRANSPORT, INC.,

Defendant.

§

§

§

§

§

§

§

§

CIVIL ACTION NO. 1:23-CV-00159-MJT

JUDGE MICHAEL TRUNCALE

ORDER ADOPTING REPORT AND RECOMMENDATION

On November 8, 2023, the Court referred Defendant Stevens Transport, Inc.’s Motion to 

Compel Arbitration [Dkt. 12] to the Honorable Zack Hawthorn, United States Magistrate Judge, 

for consideration and disposition pursuant to Title 28 U.S.C. § 636(b)(1)(A) and (3). [Dkt. 48]. 

On February 29, 2024, Judge Hawthorn issued his Report and Recommendation, which 

recommends granting Defendant’s Motion to Compel Arbitration because the arbitration 

agreement at issue is enforceable under the Texas General Arbitration Act. [Dkt. 60 at 11]. 

The Court received and considered the Report and Recommendation of the United States 

Magistrate Judge pursuant to such referral, along with the record, pleadings, and all available 

evidence. The parties have not filed objections to the Report and Recommendation, and the time 

for doing so has passed. See 28 U.S.C. § 636(b)(1)(C). After careful review, the Court finds that 

the findings of fact and conclusions of law of the United States Magistrate Judge are correct.

Case 1:23-cv-00159-MJT Document 61 Filed 03/18/24 Page 1 of 2 PageID #: 721
2

It is, therefore, ORDERED that Judge Hawthorn’s Report and Recommendation granting

Defendant’s Motion to Compel Arbitration [Dkt. 60] is ADOPTED. Accordingly, Defendant’s 

Motion to Compel Arbitration is GRANTED. The parties are directed to arbitrate their dispute as 

outlined in the arbitration agreement. All other pending motions are DENIED AS MOOT. 

It is further ORDERED that this case is administratively closed, but this court retains 

jurisdiction to enforce any arbitration award. 

____________________________

Michael J. Truncale

United States District Judge SIGNED this 18th day of March, 2024.

Case 1:23-cv-00159-MJT Document 61 Filed 03/18/24 Page 2 of 2 PageID #: 722
Case 9:23-cv-00092-MJT Document 1-4 Filed 05/17/23 Page 1 of 4 PageID #: 24
Case 9:23-cv-00092-MJT Document 1-4 Filed 05/17/23 Page 2 of 4 PageID #: 25
Case 9:23-cv-00092-MJT Document 1-4 Filed 05/17/23 Page 3 of 4 PageID #: 26
Case 9:23-cv-00092-MJT Document 1-4 Filed 05/17/23 Page 4 of 4 PageID #: 27
IN THE UNITED STATES DISTRICT 

COURT FOR THE EASTERN DISTRICT OF 

TEXAS SHERMAN DIVISION

UNITED STATES OF AMERICA

v.

GARY DONEL SMITH 

§

§

§

§

§

CRIMINAL ACTION NO. 4:23-CR00121- SDJ-AGD

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Came on for consideration the above-referenced criminal action, the Court 

having heretofore referred the request for the revocation of Defendant’s supervised

release to the United States Magistrate Judge for proper consideration. The Court 

has received the Report and Recommendation of the United States Magistrate 

Judge pursuant to its order. With Defendant having waived allocution before the 

Court as well as his right to object to the report of the Magistrate Judge, the Court 

is of the opinion that the findings and conclusions of the Magistrate Judge are 

correct.

It is therefore ORDERED that the Report and Recommendation of United 

States Magistrate Judge is ADOPTED as the opinion of the Court.

It is further ORDERED that Defendant’s supervised release is hereby 

REVOKED.

It is further ORDERED that Defendant be committed to the custody of the 

Bureau of Prisons to be imprisoned for a term of twenty-one (21) months with no 

term of supervised release to follow. The Court also recommends that Defendant be

housed in a Bureau of Prisons facility in Seagoville, Texas, if appropriate.

Case 4:23-cr-00121-SDJ-KPJ Document 16 Filed 12/28/23 Page 1 of 2 PageID #: 39
Case 4:23-cr-00121-SDJ-KPJ Document 16 Filed 12/28/23 Page 2 of 2 PageID #: 40
Percy HUTTON, petitioner, v. Tim SHOOP, Warden.

No. 17-8686.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
Cephus HOLLIS, petitioner, v. UNITED STATES.

No. 18-6564.

Supreme Court of the United States

Dec. 10, 2018.

Petition for writ of certiorari to the District of Columbia Court of Appeals denied.
<PAGE>
 
                                                                   EXHIBIT 23.0
 
The Board of Directors
RedFed Bancorp Inc.:
 
  We consent to incorporation by reference in the registration statements (No.
33-86846, 33-86848, and 333-4580) on Form S-8 of RedFed Bancorp Inc. of our
report dated January 28, 1998, except as to note 19 to the consolidated
financial statements, which is as of February 4, 1998, relating to the
consolidated statements of financial condition of RedFed Bancorp Inc. and
subsidiaries as of December 31, 1997, and 1996, and the related consolidated
statements of operations, stockholders' equity and cash flows for each of the
years in the three-year period ended December 31, 1997, which report appears
in the December 31, 1997, annual report on Form 10-K of RedFed Bancorp Inc.
 
                                          KPMG Peat Marwick LLP
 
Orange County, California
March 25, 1998
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (in thousands)
</LEGEND>
<CIK>                         0000917639
<NAME>                        CIDCO INCORPORATED
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                         29,323
<SECURITIES>                                   10,546
<RECEIVABLES>                                  22,407
<ALLOWANCES>                                    1,127
<INVENTORY>                                    25,688
<CURRENT-ASSETS>                               88,966
<PP&E>                                          6,653
<DEPRECIATION>                                 24,457
<TOTAL-ASSETS>                                 96,331
<CURRENT-LIABILITIES>                          18,150
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       144
<OTHER-SE>                                     88,916
<TOTAL-LIABILITY-AND-EQUITY>                   96,331
<SALES>                                        158,593
<TOTAL-REVENUES>                               158,593
<CGS>                                          114,904
<TOTAL-COSTS>                                  44,924
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                  0
<INCOME-PRETAX>                                   (30)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                               (30)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                      (30)
<EPS-BASIC>                                         0
<EPS-DILUTED>                                       0



</TABLE>
United States District Court

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

LINTON J. GRIFFIN 

V. 

INOGEN 

§

§

§

§

§

CIVIL ACTION NO. 4:23CV411 

JUDGE MAZZANT/JUDGE JOHNSON 

MEMORANDUM ADOPTING REPORT AND 

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Came on for consideration the report of the United States Magistrate Judge in this action, 

this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. 

On October 23, 2023, the Magistrate Judge entered a Report and Recommendation (Dkt. #10) 

that Defendant Inogen’s Motion to Dismiss under Rule 12(b)(4) and (5) and Brief in Support 

(the “Motion”) (Dkt. #5) be granted in part and denied in part. 

Having received the Report of the United States Magistrate Judge, and no timely 

objections being filed, the Court is of the opinion that the findings and conclusions of the 

Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and 

conclusions of the Court. 

Accordingly, it is hereby ORDERED that the Motion (Dkt. #5) is GRANTED IN 

PART and DENIED IN PART. The Motion (Dkt. #5) is GRANTED to the extent it seeks 

to quash Plaintiff Linton J. Griffin’s previous attempt at service and DENIED to the extent it 

seeks dismissal under Rules 12(b)(4) and 12(b)(5). Plaintiff shall have (30) days from the entry of 

this Memorandum Adopting Report and Recommendation to serve the summons and 

complaint upon Defendant in compliance with Rule 4 of the Federal Rules of Civil Procedure. 

IT IS SO ORDERED.

Case 4:23-cv-00411-ALM-KPJ Document 13 Filed 11/13/23 Page 1 of 1 PageID #: 65
United States Court of Appeals

for the Fifth Circuit

___________ 

No. 23-40556

Summary Calendar 

___________ 

Blake J. Watterson,

Plaintiff—Appellant,

versus

Bureau of Alcohol, Tobacco, Firearms, and Explosives; 

Steven Dettelbach, in his official capacity as Director of the Bureau of 

Alcohol, Tobacco, Firearms and Explosives; United States 

Department of Justice; Merrick Garland, U.S. Attorney 

General; United States of America,

Defendants—Appellees.

____________________________ 

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:23-CV-80 

____________________________ 

Before Jones, Smith, and Ho, Circuit Judges.

J U D G M E N T

This cause was considered on the record on appeal and the briefs on 

file. 

United States Court of Appeals

Fifth Circuit

FILED

August 26, 2024

Lyle W. Cayce

Clerk

Case 4:23-cv-00080-ALM Document 70 Filed 10/18/24 Page 1 of 2 PageID #: 1117 Case: 23-11157 Document: 208-2 Page: 1 Date Filed: 10/18/2024
No. 23-40556

2

IT IS ORDERED and ADJUDGED that the appeal is 

DISMISSED as moot.

IT IS FURTHER ORDERED that Appellant pay to Appellees the 

costs on appeal to be taxed by the Clerk of this Court.

The judgment or mandate of this court shall issue 7 days after the time 

to file a petition for rehearing expires, or 7 days after entry of an order denying 

a timely petition for panel rehearing, petition for rehearing en banc, or motion 

for stay of mandate, whichever is later. See Fed. R. App. P. 41(b). The court 

may shorten or extend the time by order. See 5th Cir. R. 41 I.O.P.

Case 4:23-cv-00080-ALM Document 70 Filed 10/18/24 Page 2 of 2 PageID #: 1118 Case: 23-11157 Document: 208-2 Page: 2 Date Filed: 10/18/2024
<PAGE>   1
                                                                    EXHIBIT 11.1


                      DM MANAGEMENT COMPANY AND SUBSIDIARY

                          QUARTERLY REPORT ON FORM 10-Q

                      FOR THE QUARTER ENDED MARCH 29, 1997

<TABLE>
                        COMPUTATION OF PER SHARE EARNINGS

<CAPTION>

                                                                              THREE MONTHS ENDED
                                                                           -----------------------
                                                                           MARCH 29,      MARCH 30,
                                                                              1997          1996
                                                                           ----------    ---------
<S>                                                                        <C>           <C>      
PRIMARY:                                                
Weighted-average shares of  common stock outstanding during the period ... 4,509,925     4,287,436
Assumed exercise of options ..............................................   452,134       215,798
                                                                           ---------     ---------
Weighted-average common and common equivalent shares outstanding ......... 4,962,059     4,503,234
                                                                           =========     =========

<CAPTION>
                                                                              THREE MONTHS ENDED
                                                                           -----------------------
                                                                           MARCH 29,      MARCH 30,
                                                                              1997          1996
                                                                           ----------    ---------
<S>                                                                        <C>           <C>      
FULLY DILUTED:                                          
Weighted-average shares of  common stock outstanding during the period ... 4,509,925     4,287,436
Assumed exercise of options ..............................................   576,330       265,554
                                                                           ---------     ---------
Weighted-average common and common equivalent shares outstanding ......... 5,086,255     4,552,990
                                                                           =========     =========

</TABLE>
Dwight MITCHELL, petitioner, v. Wilson TAYLOR, et al.

No. 18-5886.

Supreme Court of the United States

Nov. 5, 2018.

*462Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.