alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**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 report of Poster Financial Group, Inc. (the“Company”) on Form 10-Q for the period ended June 30, 2004 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), Dawn M.Prendes, as Chief Financial Officer of the Company, hereby certifies, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, to the best of her knowledge, that:

 

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

 

2.               The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 
| Date:  August 16, 2004 |                      |
|-----------------------------|---------------------------|
|                        | /s/ Dawn M. Prendes       |
|                        | Dawn M. Prendes           |
|                        | Senior Vice President and |
|                        | Chief Financial Officer   |

----
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-12-00829- CV

John Rad y, Appellan t

v. Elizabeth Bou lton; Sand Canyon Corporation; Wells F argo Bank, N.A., as Trustee for Option One Mort gage Loan Trust 2006-3, Asset Backed Ce rtificates, Ser ies 2006-3; and

Am eric an Home Mort gage Servic ing, In c., Appellees

F ROM TH E DISTRI CT COURT O F TRAVIS CO UNTY, 345 TH JUDICI AL DISTRICT NO. D-1 -GN-1 1-0 0342 4, H ONO RAB LE O RLINDA NARANJO , JUDGE P RESIDING

M E M O R A N D U M O P I N I O N On August 6, 2013, the C lerk of this Court sent notice to appellant J ohn Rady t hat his br ief was due on J uly 15, 2013, and wa s overdue , and that if he failed to file a brief, this Court would dismiss his appea l for want of prosec ution. The Clerk also notified R ad y t h at his appea l would be dismiss ed for want of prosec ution if he did not respond to this Court by August 16, 2013. To date, R ady has not responde d to this Court’s notice and has not filed a brief. Acc ording ly , we dismiss the appe al for w ant of prose cution. SeeTex. R. App. P . 42.3(b), ( c).__________________________________________ Melissa Goodwin, Jus tice Be fore J ustices Pury ear , Rose, and Goodwin Dismissed for Want of Prosecution Filed: August 29, 2013

2
# Official Journal L 281/2020

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 281 |
| | |
| English edition | Legislation | Volume 6328 August 2020 |

ISSN 1977-0677

Official Journal

of the European Union

L 281

English edition

Legislation

Volume 6328 August 2020

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | * | Information concerning the entry into force of the Agreement for the Termination of Bilateral Investment Treaties between the Member States of the European Union | 1 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

*

Information concerning the entry into force of the Agreement for the Termination of Bilateral Investment Treaties between the Member States of the European Union

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
STATE v. WILLIAMS.

No. COA05-554.

Court of Appeals of North Carolina.

Filed May 2, 2006.

Certification Date May 22, 2006.

Appeal from Pitt (04CRS11161, 04CRS11162, 04CRS11163).

Case without published opinion. No error.
CAPPS v. NW SIGN INDUSTRIES et al.

No. 383A05.

Supreme Court of North Carolina.

April 6, 2006.

Norman W. Shearin, Jr., Kitty Hawk, for NW Sign Industries, et al.

Jared E. Gardner, Richard B. Fennell, Charlotte, for Alan Capps.

The following order has been entered on the motion filed on the 1st day of March 2006 by Defendant to Take Judicial Notice of Subsequent Event:

"Motion Dismissed as Moot by order of the Court in conference this the 6th day of April 2006."

Justice MARTIN recused.
exv10w1w3



 






Exhibit 10.1.3




Addendum #3 to the

EMPLOYMENT AND SEPARATION AGREEMENT

 




     This employment agreement addendum #3 (“Agreement”) by and between DURASWITCH INDUSTRIES,
INC., a Nevada corporation, (“DuraSwitch”), and Robert J. Brilon (“Employee”), shall be effective
as of April 30, 2005.



     Mr. Brilon’s current employment agreement expires on April 30, 2005. Mr. Brilon and
DuraSwitch hereby extend the term of employment of the current employment agreement for a period of
two months to provide additional time for the Compensation Committee to complete work on a new
employment agreement with Mr. Brilon.



     Accordingly, Mr. Brilon’s Term of Employment (Section 2.1) is hereby extended to June 30, 2005.



      



	 	 	 	 	 	 	 
	 

	 	 	 	/s/ Robert J. Brilon	 	 
	 

	 	 	 	 

Robert J. Brilon	 	 
	 

	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 	 	 	 	DURASWITCH INDUSTRIES, INC., a Nevada corporation
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ William E. Peelle	 	 
	 

	 	 	 	 

William E. Peelle, Chair	 	 
	 
	 	 	 	 	 	 
	 

	 	 	 	/s/ John Hail	 	 
	 

	 	 	 	 

John Hail	 	 
	 
	 	 	 	 	 	 
	 

	 	 	 	/s/ Steve Hanson	 	 
	 

	 	 	 	 

Steve Hanson	 	 
	 
	 	 	 	 	 	 
	 

	 	 	 	/s/ P. Robert Moya	 	 
	 

	 	 	 	 

P. Robert Moya	 	 
	 
	 	 	 	 	 	 
	 

	 	 	 	Its: Compensation Committee Members
**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

 

Inconnection with the Quarterly Report of Stratum Holdings, Inc. (the “registrant”)on Form 10-Q for the quarter ended September 30, 2008 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I, D.Hughes Watler, Jr., Chief Financial Officer of the registrant, certify,pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of this SarbanesOxley Act of 2002, that, to my knowledge:

 

(1)                                  The Report fully complieswith the requirements of section 13(a) or 15(d) of the Securities andExchange Act of 1934; and

 

(2)                                  The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the registrant.

 

 
|   | /s/  D. Hughes Watler, Jr. |
|--------|---------------------------------|
|   |                            | D.  Hughes Watler, Jr. |
|   |                            | Chief  Financial Officer |
|   |                            | November 10,  2008 |

 

----
STATE v. COPPOLA

No. COA04-1511.

North Carolina Court of Appeals.

Filed November 15, 2005.

Certification Date December 5, 2005

Appeal from the Wake (03CRS3701).

Case Reported Without Published Opinion. No error.
# EXHIBIT 32.1

# CERTIFICATION

I,
Brian F. Lavin, President and Chief Executive Officer of NTS Realty Capital, Inc.,
the managing general partner of NTS Realty Holdings Limited Partnership (the Company),
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section
1350, that:

| | 1. | The
quarterly report on Form 10-Q of the Company for the three months ended
          March 31, 2006 (the Report) fully complies with the requirements
          of Section 13(a) of the Securities Exchange Act of 1934 as amended; 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: May 12, 2006

/s/ Brian F. Lavin

President and Chief Executive Officer of 
NTS Realty Capital, Inc., the Managing General Partner of
NTS Realty Holdings Limited Partnership

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.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5661 Introduced in House (IH)]

110th CONGRESS
  2d Session
                                H. R. 5661

  To amend the Surface Mining Control and Reclamation Act of 1977 to 
clarify that uncertified States and Indian tribes have the authority to 
     use certain payments for certain noncoal reclamation projects.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 31, 2008

  Mr. Pearce introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To amend the Surface Mining Control and Reclamation Act of 1977 to 
clarify that uncertified States and Indian tribes have the authority to 
     use certain payments for certain noncoal reclamation projects.

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

SECTION 1. ABANDONED MINE RECLAMATION.

    (a) Limitation on Funds.--Section 409(b) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1239(b)) is amended by 
inserting ``or section 411(h)(1)'' after ``section 402(g)''.
    (b) Use of Funds.--Section 411(h)(1)(D)(ii) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1240a(h)(1)(D)(ii)) is 
amended by inserting ``or 409'' after ``section 403''.
                                 <all>
```
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 _________________________________________

 Clerk

March 4, 2013

t0225

Order 

March 4, 2013

146225 & (39)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 146225

COA: 305465 

Saginaw CC: 09-033172-FH

DAVID LAMAR CHAPMAN,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the motion for miscellaneous relief is GRANTED. The 

application for leave to appeal the September 27, 2012 judgment of the Court of Appeals 

is considered, and it is DENIED, because we are not persuaded that the questions 

presented should be reviewed by this Court.

VIVIANO, J., not participating.
EXHIBIT 32.2

# CERTIFICATION

I, Gregory A. Wells,  Chief Financial  Officer of NTS Realty Capital,  Inc., the managing  general partner
of  NTS  Realty  Holdings  Limited  Partnership  (the  "Company"),   certify,   pursuant  to  Section  906  of  the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

| | 1. | The quarterly report on Form 10-Q of the Company for the period ended June 30,
               2005 (the Report) fully complies with the requirements of Section
               13(a) of the Securities Exchange Act of 1934, as amended; 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: August 15, 2005 /s/ Gregory A. Wells
Gregory A. Wells
Chief Financial Officer of 
NTS Realty Capital, Inc., the Managing General Partner of
NTS Realty Holdings Limited Partnership
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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.
STATE of North Carolina v. Timothy MILES.

No. 12P06.

Supreme Court of North Carolina.

March 2, 2006.

Barbara S. Blackman, Assistant Appellate Defender, for Timothy Miles.

Scott T. Stroud, Assistant Attorney General, Joel H. Brewer, District Attorney, for State of NC.

*ORDER*

Upon consideration of the petition filed on the 10th day of January 2006 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 2nd day of March 2006."
```

                                                                    Exhibit 32.1

                  CERTIFICATION OF CHIEF EXECUTIVE OFFICER (1)

Pursuant  to  18  U.S.C.  Section  1350,  as  created  by  Section  906  of  the
Sarbanes-Oxley  Act of  2002,  the  following  certification  is  being  made to
accompany  Catskill  Litigation  Trust's Quarterly Report on Form 10-QSB for the
period ended June 30, 2005;

In  connection  with the  Quarterly  Report of  Catskill  Litigation  Trust (the
"Company")  on Form 10-QSB for the period  ended June 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),  I, Joseph
E. Bernstein,  Acting Chief Executive Officer of the Company,  certify, pursuant
to 18 U.S.C. ss. 1350, 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
            Section  15(d),  as applicable,  of the  Securities  Exchange Act of
            1934, as amended; 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/ Joseph E. Bernstein
                                           -------------------------------------
                                           Name:  Joseph E. Bernstein
                                           Title: Acting Chief Executive Officer
                                           Date:  August 15, 2005

       (1)  A signed original of this written statement  required by Section 906
            has been provided to Catskill  Litigation Trust and will be retained
            by Catskill  Litigation  Trust and furnished to the  Securities  and
            Exchange Commission or its staff upon request.

The foregoing  certification  is being  furnished  solely  pursuant to 18 U.S.C.
Section  1350 and is not  being  filed as part of the  Report  or as a  separate
disclosure document.
```
<PAGE>
 
                                                                      EXHIBIT 21


                          MARKWEST HYDROCARBON,  INC.
                             LIST OF SUBSIDIARIES



<TABLE>
<CAPTION>
                   NAME OF SUBSIDIARY                            TYPE OF ENTITY                        RELATIONSHIP
       -------------------------------------------  ----------------------------------------  ------------------------------
 
<S>    <C>                                          <C>                                       <C>
1)     MarkWest Michigan, Inc.                      Colorado Corporation                      Wholly-owned subsidiary
 
2)     West Shore Processing Company LLC            Michigan Limited Liability Company        Wholly-owned subsidiary
 
3)     Basin Pipeline LLC                           Michigan Limited Liability Company        Wholly-owned subsidiary
 
4)     MarkWest Resources, Inc.                     Colorado Corporation                      Wholly-owned subsidiary
 
5)     155 Inverness, Inc.                          Colorado Corporation                      Wholly-owned subsidiary
</TABLE>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DOUGLAS H. ROUGH,

Plaintiff

- Appellant,

v.

CHASE BANK; et a l

. ,

Defendants

- Appellees. No. 19

- 35902

D.C. No. 2:18

- cv

- 01555

- RAJ

MEMORANDUM *

Appeal from the United States District Court for the Western District of Washington Richard A. Jones, District Judge, Presiding

Submitted December 2 , 2020 * *

Before: WALLACE, SILVERMAN

, and BRESS , Circuit Judges.

Douglas H. Rough appeals pro se from the district court’s judgment

dismissing his action alleging fraud and related federal claims . We have

jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to

state a claim under Federal Rule of Civil Procedure 12(b)(6)

. Puri v. Khalsa , 844

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

DEC 10 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 19

- 35902

F.3d 1152, 1157 (9th Cir. 2017). We affirm.

The district court properly dismissed Rough’s action because Rough failed

to allege facts sufficient to satisfy the heightened pleading standard for fraud set

f orth in Federal Rule of Civil Procedure 9(b). See Kearns v. Ford Motor Co. , 567

F.3d 1120, 1124

- 25 (9th Cir. 2009) (discussing heightened pleading standard under

Rule 9(b), which applies to state law claims alleging fraudulent conduct) ; see also

Sanford v. MemberWorks, Inc. , 625 F.3d 550, 557 (9th Cir. 2010) (elements of a

Racketeer Influenced and Corrupt Organizations Act claim ); Adams v. King

County , 192 P.3d 891, 902 (Wash. 2008) (en banc) (elements of a fraud claim

under Washington law)

.

The d istrict court did not abuse its discretion by denying Rough leave to

amend because amendment would have been futile. See Gordon v. City of

Oakland , 627 F.3d 1092, 1094 (9th Cir. 2010) (setting forth standard of review and

explaining that leave to amend ma y be denied if amendment would be futile)

.

We reject as meritless Rough’s contentions that he was held to a higher

standard as a pro se plaintiff, and that the district court should have allowed him to

conduct discovery.3 19

- 35902

We do not consider allegations not properly raised before the district court,

or matters not specifically and distinctly raised and argued in the opening brief.

See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
# L_2013188EN.01000901.xml

| 9.7.2013 | EN | Official Journal of the European Union | L 188/9 |
| --- | --- | --- | --- |

9.7.2013

EN

Official Journal of the European Union

L 188/9

---

COUNCIL DECISION 2013/364/CFSP

of 8 July 2013

amending Decision 2010/330/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 14 June 2010, the Council adopted Decision 2010/330/CFSP (1) which extended EUJUST LEX IRAQ until 30 June 2012. |
| --- | --- |

(1)

On 14 June 2010, the Council adopted Decision 2010/330/CFSP (1) which extended EUJUST LEX IRAQ until 30 June 2012.

| (2) | On 10 July 2012, the Council adopted Decision 2012/372/CFSP (2) extending EUJUST LEX IRAQ for a further period of 18 months until 31 December 2013. |
| --- | --- |

(2)

On 10 July 2012, the Council adopted Decision 2012/372/CFSP (2) extending EUJUST LEX IRAQ for a further period of 18 months until 31 December 2013.

| (3) | The financial reference amount covers the period until 30 June 2013. A new financial reference amount is required to cover the expenditure related to the Mission between 1 July 2013 and 31 December 2013. |
| --- | --- |

(3)

The financial reference amount covers the period until 30 June 2013. A new financial reference amount is required to cover the expenditure related to the Mission between 1 July 2013 and 31 December 2013.

| (4) | EUJUST LEX-IRAQ will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty. |
| --- | --- |

(4)

EUJUST LEX-IRAQ will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty.

| (5) | Decision 2010/330/CFSP should therefore be amended accordingly, |
| --- | --- |

(5)

Decision 2010/330/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following paragraph is inserted in Article 11 of Decision 2010/330/CFSP:

‘2b.   The financial reference amount intended to cover the expenditure related to the Mission between 1 July 2013 and 31 December 2013 shall be EUR 15 400 000.’.

Article 2

This Decision shall enter into force on the date of its adoption.

It shall apply from 1 July 2013.

Done at Brussels, 8 July 2013.

For the Council

The President

L. LINKEVIČIUS

---

(1)  
  OJ L 149, 15.6.2010, p. 12.

1

(2)  
  OJ L 179, 11.7.2012, p. 22.

2

---
IN RE S.L.G.

No. COA05-458.

North Carolina Court of Appeals.

Filed March 7, 2006.

Certification Date March 27, 2006.

Appeal from Halifax (03JI0, 03J11)

Case without published opinion. Affirmed.
EXHIBIT 32.2


                            CERTIFICATION PURSUANT TO
                               SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002

I, Todd M. Raba,  Senior Vice  President  of  MidAmerican  Energy  Company  (the
"Company"),  certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that to the best of my knowledge:

     (1) the  Quarterly  Report on Form 10-Q of the  Company  for the  quarterly
         period  ended June 30,  2003 (the  "Report")  fully  complies  with the
         requirements  of Section 13(a) or 15(d) of the Securities  Exchange Act
         of 1934 (15 U.S.C. 78m or 78o(d)); and

     (2) the  information  contained  in  the  Report  fairly  presents,  in all
         material respects,  the financial condition and result of operations of
         the Company.


Dated:  August 6, 2003




                                /s/ Todd M. Raba
                                ----------------
                                  Todd M. Raba
                              Senior Vice President
                          (co-chief executive officer)