alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DeMarco Johnson, Petitioner, v. State of South Carolina, Respondent.

Supreme Court of South Carolina.

July 28, 2016

ORDER

Petitioner filed a motion on July 1, 2016 for resentencing pursuant to Aiken v. Byars , 410 S.C. 534, 765 S.E.2d 572 (S.C. 2014). Now, therefore, pursuant to SC CONST. Art. V, § 4,

IT IS HEREBY ORDERED that the Honorable R. Knox McMahon be vested with exclusive jurisdiction over the Petitioner's Motion for Resentencing in the above-captioned matter.

Judge McMahon shall at all times be vested with concurrent jurisdiction in all circuits of the state to dispose of matters relating to this case, and shall decide all matters pertaining to the Petitioner's Motion, and shall retain jurisdiction over this matter regardless of where he may be assigned to hold court, and may schedule such hearings as may be necessary at any time without regard as to whether there is a term of court scheduled.

If necessary, to resolve issues related to the appointment of counsel, a hearing shall be conducted within thirty (30) days of this order.

Within sixty (60) days of the date of this order, Judge McMahon shall issue a scheduling order setting forth the schedule that shall be followed in this matter, including the date of the hearing on the merits. The scheduling order may be amended as necessary.

s/Costa M. Pleicones

Costa M. Pleicones

Chief Justice
* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,

however, for its persuasive value consistent with Fed. R. App. P. 32.1 and

10th Cir. R. 32.1.

** Because of the passing of the Honorable Philip S. Figa on January 5, 2008,

the Honorable Deanell R. Tacha has been substituted on this appeal. 

FILED

United States Court of Appeals

Tenth Circuit

September 30, 2008

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

LEMANDA LILLIAN MECHAM,

Plaintiff-Appellee,

v.

SEAN D. FRAZIER; DAVID L.

JOHNSON,

Defendants-Appellants.

No. 04-4262

(D.C. No. 1:04-CV-33-BSJ)

(D. Utah)

ORDER AND JUDGMENT*

Before TACHA,

** BALDOCK, and TYMKOVICH, Circuit Judges.

This matter is before the court following receipt of the Utah Supreme

Court’s answer to the questions we certified on September 11, 2007. See Mecham

v. Frazier,___P.3d__, 2008 UT 60, 2008 WL 3980872 (Utah Aug. 29, 2008). In

that answer, the court ruled (1) the Utah Governmental Immunity Act does confer

immunity from suit for state officers, and (2) that the Act does not require a
-2-

notice of claim against state officials, in their individual capacities, to expressly

aver “fraud” or “malice.” 2008 WL 3980872, ¶ 1. Rather, the UGIA “requires

that a notice of claim contain only (1) a brief statement of the facts, (2) the nature

of the claim asserted, and (3) the damages incurred by the claimant so far as they

are known.” Id. ¶¶ 19, 21 (“UGIA requires only enough specificity in the notice

to inform as to the nature of the claim so that the defendant can appraise its

potential liability.” (internal quotation omitted)).

In light of the Utah Supreme Court’s decision, we vacate the district court’s

order dated October 6, 2004, and remand this matter to the United States District

Court for the District of Utah with instructions to conduct additional proceedings

in accord with the state court’s decision. We note in this regard that no federal

questions remain in this appeal in light of our decision in related appeal number

05-4297. See Mecham v. Frazier, 500 F.3d 1200 (10th Cir. 2007). As a result,

this Order and Judgment disposes of all remaining issues. 

Consequently, the abatement is lifted, the decision of the district court is

VACATED, and this matter is REMANDED for further proceedings in accord

with this Order and Judgment. The mandate shall issue forthwith. 

ENTERED FOR THE COURT

Timothy M. Tymkovich

Circuit Judge
Exhibit 31.1
 CERTIFICATION UNDER SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this report on Form 10-Q of Universal Biosensors, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects
the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this report;4.
    
    The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 a)
    
    Designed such disclosure controls
and procedures, or caused such
disclosure controls and procedures
to be designed under our
supervision, to ensure that
material information relating to
the registrant, including its
consolidated subsidiaries, is made
known to us by others within those
entities, particularly during the
period in which this report is
being prepared;b)
    
    Not applicablec)
    
    Evaluated the effectiveness of the
registrants disclosure controls
and procedures and presented in
this report our conclusions about
the effectiveness of the disclosure
controls and procedures, as of the
end of the period covered by this
report based on such evaluation;
andd)
    
    Disclosed in this report any change
in the registrants internal
control over financial reporting
that occurred during the
registrants most recent fiscal
quarter (the registrants fourth
fiscal quarter in the case of an
annual report) that has materially
affected, or is reasonably likely
to materially affect, the
registrants internal control over
financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrants auditors and the audit committee of the registrants board of
directors (or persons performing the equivalent functions):
 a)
    
    All significant deficiencies and
material weaknesses in the design
or operation of internal control
over financial reporting which are
reasonably likely to adversely
affect the registrants ability to
record, process, summarize and
report financial information; andb)
    
    Any fraud, whether or not material,
that involves management or other
employees who have a significant
role in the registrants internal
control over financial reporting.
  /s/ Mark MorrissonMark MorrissonChief Executive Officer and Executive DirectorUniversal Biosensors, Inc.
EXHIBIT 32: Rule 13a-14(b) CERTIFICATION


The undersigned officers certify that this report fully complies with the
requirements of Section 13(a) of the Securities Exchange Act of 1934, and
that the information contained in the report fairly presents, in all
material respects, the financial condition and results of operations of
Ultradata Systems Incorporated.

A signed original of this written statement required by Section 906 has
been provided to Ultradata Systems, Incorporated and will be retained by
Ultradata Systems, Incorporated and furnished to the Securities and
Exchange Commission or its staff upon request.

May 19, 2006                             /s/  Monte Ross
                                         -------------------------
                                         Monte Ross
                                         (Chief executive officer)

                                         /s/ Ernest S. Clarke
                                         -------------------------
                                         Ernest S. Clarke
                                         (Chief financial officer)
CONFIDENTIAL TREATMENT REQUESTED –
REDACTED COPY


Amendment
No. 1 to
 Exclusive
Sales and Distribution License
 Between
 PureDepth,
Inc.
 and SANYO
Electric System Solutions Co., Ltd.
 
 April 24,
2008
 
 WHEREAS, the parties wish to
amend the terms of the Exclusive Sales and Distribution License, including the
schedules thereto (the “Agreement”) between PureDepth, Inc. (“PureDepth”)
and SANYO Sales and Marketing
Corporation and SANYO
Electric System Solutions Co., Ltd.(Collectively, “Sanyo”) in order to
establish a set date on the Term in lieu of connecting to an approval by the
Japanese government;
 
 WHEREAS, SANYO Sales and Marketing
Corporation was merged into SANYO Electric Co., Ltd. as of April 1,
2007,
 
 WHEREAS, SANYO Electric System
Solutions Co., Ltd. guarantees to amend the License Agreement on behalf of SANYO
Electric Co., Ltd.,
 
 NOW THEREFORE, the parties
hereby agree as follows:
 
 1.       
     Definitions.    Except
as otherwise defined herein, capitalized terms shall have the defined terms set
forth in the Agreement.  If there is any conflict in interpretation,
the terms of the Amendment will prevail.
 
 2.         
   Term.     Schedule
1 to the Agreement shall be amended so that the definition of “Term” shall be as
follows:
 ““Term” means the period starting from
1 January 2006 (“Commencement Date”) on and until [****].”
 
 3.         
   Execution on Behalf.  SANYO Electric System
Solutions Co., Ltd., hereby guarantees the performance and compliance with the
rights and obligations under the Agreement.
 
 4.         
  Continuation of Other
Terms.  Except as set forth herein, all other terms and
conditions of the Agreement, including without limitation Schedule 1, shall
remain in full force and effect.
  Agreed
and executed as of the date listed above:
  PureDepth,
      Inc.
                Sanyo
      Electric SystemSolutions
      Co., Ltd./s/
      Jonathan J. McCaman
                /s/
      Tsutomu
    FujitaJonathan
      J. McCaman
                Tsutomu
      FujitaPresident
                DirectorDate:  7/11/08
                Date:  4/26/08






Confidential
 Page 1 of
1
In re: Southeastern Eye Center

358A16-1

Supreme Court of North Carolina.

December 16, 2016

Douglas S. Harris, Attorney at Law, Scott F. Wyatt, Attorney at Law, High Point, Donavan J. Hylarides, Attorney at Law, James Mark McDaniel, Jr., for Harris, Douglas S., et al.

Byron L. Saintsing, Attorney at Law, Raleigh, for Nivison Family Investments, LLC, et al.

Robert E. Fields, III, Attorney at Law, Samuel Pinero, II, Attorney at Law, for Jeutter, Jr. receiver for CCSEA/SCLC/SEM/HUTA/EMS/KEPES/DRE.

The following order has been entered on the Motion for Extension of Time to File Reply Brief filed on the 13th of December 2016 by Defendants (Richard A. Harris, Castle McCulloch, Inc., and Historic Castle McCulloch LLC):

"Motion Allowed by order of the Court in conference, this the 16th of December 2016."

Defendants shall have up to and including the 28th day of December 2016 to file and serve his/her brief with this Court.
EXHIBIT 32: Rule 13a-14(b) Certification  Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of China Huaren Organic Products, Inc. (the Company) certifies that: 1. The Quarterly Report on Form 10-QSB of the Company for the period ended March 31, 2007 (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 results of operations of the Company.  May 21, 2007 /s/ Fang Jinzhong Fang Jinzhong, Chief Executive Officer and Chief Financial Officer
Exhibit 32.1



Certification of Chief Executive Officer

Pursuant to Section 906 of the

Sarbanes-Oxley Act of 2002



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section
1350), the undersigned officer of Placer Sierra Bancshares (the Company), hereby certifies that the Companys Quarterly Report on Form 10-Q for the quarter ended June 30, 2004 (the Report) fully complies with the
requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the
Company.



Dated: September 22, 2004



/s/    RONALD W.
BACHLIName:

Ronald W. BachliTitle:

Chief Executive Officer




The foregoing
certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350) and is not being filed as part of the Report or as a separate disclosure document.
<PAGE>   1

                                                                   EXHIBIT 23

                       CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in this Annual Report (Form 10-K)
of Quintiles Transnational Corp. of our report dated January 29, 1997 included
in the 1996 Annual Report to Shareholders of Quintiles Transnational Corp.

We also consent to the incorporation by reference in the Registration Statement
(Form S-3 No. 333-19009) and related Prospectus of Quintiles Transnational
Corp. for the registration of $75,990,000 of its 4.25% Convertible Subordinated
Notes Due May 31, 2000 and 918,282 shares of its Common Stock of our report
dated January 29, 1997, with respect to the consolidated financial statements
incorporated by reference in this Annual Report (Form 10-K) of Quintiles
Transnational Corp. for the year ended December 31, 1996.

We also consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 33-91026) pertaining to the Quintiles Transnational Corp. Equity
Compensation Plan of our report dated January 29, 1997, with respect to the
consolidated financial statements incorporated by reference in this Annual
Report (Form 10-K) of Quintiles Transnational Corp. for the year ended 
December 31, 1996. 

We also consent to the incorporation by reference in the Registration
Statement (Form S-8 No. 333-16553) pertaining to the Quintiles Transnational
Corp. Employee Stock Purchase Plan, the Quintiles Transnational Corp./BRI
International, Inc. Nonqualified Stock Option Plan and the Innovex Limited 1996
Unapproved Executive Share Option Scheme of our report dated January 29, 1997,
with respect to the consolidated financial statements incorporated by reference
in this Annual Report (Form 10-K) of Quintiles Transnational Corp. for the year
ended December 31, 1996. 

We also consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-03603) pertaining to the Quintiles Transnational Corp. Lewin
Nonqualified Stock Option Plan of our report dated January 29, 1997, with
respect to the consolidated financial statements incorporated by reference in
this Annual Report (Form 10-K) of Quintiles Transnational Corp. for the year
ended December 31, 1996. 


                                         Ernst & Young LLP


Raleigh, North Carolina
March 25, 1997
# C_2011362EN.01002101.xml

| 10.12.2011 | EN | Official Journal of the European Union | C 362/21 |
| --- | --- | --- | --- |

10.12.2011

EN

Official Journal of the European Union

C 362/21

---

Order of the General Court of 19 October 2011 — Scovill Fasteners v Commission

(Case T-447/07) (1)

1

2011/C 362/32

Language of the case: English

The President of the First Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 37, 9.2.2008.

1

---
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND

CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION
1350

The following statement is provided by the undersigned to accompany the Quarterly Report on Form 10-Q for the quarterly period
ended September 30, 2008 pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and shall not be deemed filed pursuant to any provision of the Securities Exchange Act of 1934 or any other
securities law.

Each of the undersigned certifies that the foregoing Quarterly Report on Form 10-Q fully complies with the requirements of
Section 13(a), or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Sensus Metering
Systems (Bermuda 2) Ltd. and Sensus Metering Systems Inc.



|                |  |                                                                           |  |          |  |                                                                          
|--------------- |  | ------------------------------------------------------------------------- |  | -------- |  | -------------------------------------------------------------------------
|/s/ PETER MAINZ |  | /s/ MICHAEL S. BUCHANAN                                                  
|               
|Name:           |  | Peter Mainz                                                               |  | Name:    |  | Michael S. Buchanan                                                      
|Title:          |  | Chief Executive Officer & President                                       |  | Title:   |  | Interim Chief Financial Officer & Director, Worldwide Tax                
|Company:        |  | Sensus Metering Systems (Bermuda 2) Ltd. and Sensus Metering Systems Inc. |  | Company: |  | Sensus Metering Systems (Bermuda 2) Ltd. and Sensus Metering Systems Inc.
|Date:           |  | October 24, 2008                                                          |  | Date:    |  | October 24, 2008
North Carolina Department of Public Safety v. Chauncey John Ledford

No. 223PA16

Supreme Court of North Carolina.

August 18, 2016

Joseph Finarelli, Special Deputy Attorney General, for North Carolina Department of Public Safety.

Larry Leake, Attorney at Law, Asheville, for Ledford, Chauncey John.

Jamie A. Stokes, Attorney at Law.

***ORDER***

Upon consideration of the petition filed on the 7th of June 20 16 by Petitioner 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:

"Allowed by order of the Court in conference, this the 18th of August 2016."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this *153Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).
Exhibit 31.1

CERTIFICATIONS

I,
Robert P. Stanojev, certify that:

1.     I
have reviewed this Annual Report on Form 10-K of Alternative Resources Corporation;

2.     Based
on my knowledge, this annual report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made,
in light of circumstances under which such statements were made, not misleading with respect to the period covered by this annual report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this annual report, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this annual report;

4.     The
registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e) for the registrant and have:



5.     The
registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal controls over financial reporting, to the registrant's
auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function):



|Date: March 30, 2004 |  | /s/ROBERT P. STANOJEVRobert P. Stanojev Chief
Executive Officer
|-------------------- |  | ---------------------------------------------------------------

---

QuickLinks
STATE of North Carolina v. Joseph Lewis MERRICKS.

No. COA 15-198.

Court of Appeals of North Carolina.

Dec. 15, 2015.

**Case Reported Without Published Opinion**

Reversed and Remanded.
# C_2009019EN.01002402.xml

| 24.1.2009 | EN | Official Journal of the European Union | C 19/24 |
| --- | --- | --- | --- |

24.1.2009

EN

Official Journal of the European Union

C 19/24

---

Judgment of the Court of First Instance of 2 December 2008 — Nuova Agricast and Cofra v Commission

(Case T-362/05 and T-363/05) (1)

1

(Non-contractual liability of the Community - Aid scheme provided for under Italian legislation - Scheme declared compatible with the common market - Transitional measure - Certain undertakings excluded - Principle of protection of legitimate expectations - Sufficiently serious breach of a rule of law conferring rights on individuals - None)

(2009/C 19/44)

Language of the case: Italian

Parties

Applicant: Nuova Agricast Srl (Cerignola, Italy) and Cofra Srl (Barletta, Italy) (represented by: M.A. Calabrese, lawyer)

Applicant:

Defendant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, Agents)

Defendant:

Re:

Action for damages for the loss allegedly suffered by the applicants as a result of the adoption by the Commission of the Decision of 12 July 2000 declaring compatible with the common market an aid scheme for investment in the less-favoured regions of Italy (State aid No 715/1999 — Italy (SG 2000 D/105754)) and as a result of the Commission's conduct during the procedure which preceded the adoption of that decision.

Operative part of the judgment

The Court:

| 1. | Joins Case T-362/05 and T-363/05 for the purposes of the judgment. |
| --- | --- |

1.

Joins Case T-362/05 and T-363/05 for the purposes of the judgment.

| 2. | Dismisses the actions. |
| --- | --- |

2.

Dismisses the actions.

| 3. | Orders Nuova Agricast Srl to bear its own costs and to pay those incurred by the Commission in Case T-362/05. |
| --- | --- |

3.

Orders Nuova Agricast Srl to bear its own costs and to pay those incurred by the Commission in Case T-362/05.

| 4. | Orders Cofra Srl to bear its own costs and to pay those incurred by the Commission in Case T-363/05. |
| --- | --- |

4.

Orders Cofra Srl to bear its own costs and to pay those incurred by the Commission in Case T-363/05.

---

(1)  OJ C 296, 26.11.2005.

1

---