alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32(a)

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 accompanying Quarterly Report of Windstream Corporation (the Company) on Form 10-Q for the
period ending March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jeffery R. Gardner, Chief Executive Officer and President of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, 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 the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------

/s/ Jeffery R. Gardner

Jeffery R. Gardner

Chief Executive Officer and President

May 8, 2009

A signed original of this written statement required by Section 906 has been provided to Windstream Corporation and will be retained by Windstream Corporation and
furnished to the Securities and Exchange Commission or its staff upon request.
# C_2012174EN.01002103.xml

| 16.6.2012 | EN | Official Journal of the European Union | C 174/21 |
| --- | --- | --- | --- |

16.6.2012

EN

Official Journal of the European Union

C 174/21

---

Order of the General Court of 16 April 2012 — de Brito Sequeira Carvalho v Commission

(Joined Cases T-40/07 P-REV and T-62/07 P-REV) (1)

1

(Procedure - Application for revision - New fact - Absence thereof - Inadmissibility)

2012/C 174/34

Language of the case: French

Parties

Parties

Appellant: Jose António de Brito Sequeira Carvalho (Brussels, Belgium) (represented by: M. Boury, lawyer)

Appellant:

Other party to the proceedings: European Commission (represented by: J. Currall and D. Martin, agents)

Other party to the proceedings:

Re:

Re:

Application for revision of the judgment of the General Court of 5 October 2009 in Joined Cases T-40/07 P and T-62/07 P de Brito Sequeira Carvalho v Commission of the European Communities and Commission of the European Communities v de Brito Sequeira Carvalho, not yet reported in the ECR.

de Brito Sequeira Carvalho

Commission of the European Communities

Commission of the European Communities

de Brito Sequeira Carvalho

Operative part of the order

Operative part of the order

| 1. | The application for revision is dismissed as inadmissible. |
| --- | --- |

1.

The application for revision is dismissed as inadmissible.

| 2. | Each party shall bear its own costs. |
| --- | --- |

2.

Each party shall bear its own costs.

---

(1)  OJ C 82, 14.4.2007.

1

---
STATE of North Carolina v. Kenneth Wayne RYCKELEY, Defendant.

No. COA17-200

Court of Appeals of North Carolina.

Filed: April 17, 2018

NO ERROR.
Roy A. COOPER, III, in his capacity as Governor of the State of North Carolina v. Philip E. BERGER, in his official capacity as President Pro Tempore of the North Carolina Senate; Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives

No. 409PA17

Supreme Court of North Carolina.

March 1, 2018

Noah H. Huffstetler, III, D. Martin Warf, Attorneys at Law, Raleigh, Candace S. Friel, Attorney at Law, Winston-Salem, for Berger, Philip E., et al.

Jim W. Phillips, Jr., Attorney at Law, Greensboro, Eric M. David, Daniel F.E. Smith, Attorneys at Law, Grayson Kelley, Chief Deputy, for Cooper, Roy A. (III).

***ORDER***

Upon consideration of the conditional petition filed on the 11th of December 2017 by *589Defendants 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 1st of March 2018."
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 11, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-40213

Conference Calendar

TODD MICHAEL PORTER,

Petitioner-Appellant,

versus

R. MILES, Warden,

Respondent-Appellee.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:04-CV-766

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

Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges. 

PER CURIAM:*

Todd Michael Porter, federal prisoner # 12313-039, appeals

the dismissal of his 28 U.S.C. § 2241 petition challenging the

252-month sentence imposed following his jury trial conviction

for one count of conspiracy to distribute cocaine; one count of

conspiracy to receive explosives; one count of knowingly and

intentionally using, persuading, inducing, enticing, or coercing

a person under 18 years of age to assist him in avoiding

detection; 15 counts of receiving explosives while being a user
No. 05-40213

-2-

of a controlled substance; and one count of distributing a

controlled substance to a person under the age of 21. 

Porter argues on appeal that he was actually innocent of two

of the offenses for which he was convicted, that his counsel was

ineffective for failing to object to the lack of sufficient

evidence to support those convictions, that the district court’s

jury instructions violated his constitutional rights under

Apprendi v. New Jersey, 530 U.S. 466 (2000), and that his

sentence should not have been increased based on obstruction of

justice. He contends that he is entitled to seek relief under 

§ 2241 because 28 U.S.C. § 2255 offers an inadequate or

ineffective remedy. He contends that § 2255 is inadequate or

ineffective because his prior § 2255 motions were dismissed

solely on procedural grounds and because he is actually innocent

of two of the crimes of which he was convicted. Porter has not

shown that the remedy provided in § 2255 was inadequate or

ineffective. See Reyes-Requena v. United States, 243 F.3d 893,

904 (2001); Pack v. Yusuff, 218 F.3d 448, 452 (5th Cir. 2000). 

Accordingly, the district court’s dismissal of Porter’s § 2241

petition is AFFIRMED.
# Official Journal L 274/2011

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2011.274.eng |
| --- | --- |
| Official Journal
  of the European Union | L 274 |
| | |
| English edition | Legislation | Volume 5419 October 2011 |

ISSN 1977-0677

doi:10.3000/19770677.L_2011.274.eng

Official Journal

of the European Union

L 274

English edition

Legislation

Volume 5419 October 2011

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | | 2011/676/EU |
| | * | Commission Decision of 20 April 2011 on suspected aid to the company Trèves C 4/10 (ex NN 64/09) implemented by the French Republic
  (notified under document C(2011) 2585)

   (1) | 1 |
| | | 2011/677/EU |
| | * | Commission Decision of 13 July 2011 concerning State aid C 3/09 (ex NN 41 A-B/03) implemented by Portugal for the collection, transportation, treatment and destruction of slaughterhouse waste
  (notified under document C(2011) 4888) | 15 |
| | | 2011/678/EU |
| | * | Commission Decision of 27 July 2011 concerning the State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals implemented by Belgium (State aid C 44/08 (ex NN 45/04))
  (notified under document C(2011) 5457) | 36 |

Contents

II   Non-legislative acts

page

DECISIONS

2011/676/EU

*

Commission Decision of 20 April 2011 on suspected aid to the company Trèves C 4/10 (ex NN 64/09) implemented by the French Republic
  (notified under document C(2011) 2585)

   (1)

(notified under document C(2011) 2585)

1

2011/677/EU

*

Commission Decision of 13 July 2011 concerning State aid C 3/09 (ex NN 41 A-B/03) implemented by Portugal for the collection, transportation, treatment and destruction of slaughterhouse waste
  (notified under document C(2011) 4888)

(notified under document C(2011) 4888)

15

2011/678/EU

*

Commission Decision of 27 July 2011 concerning the State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals implemented by Belgium (State aid C 44/08 (ex NN 45/04))
  (notified under document C(2011) 5457)

(notified under document C(2011) 5457)

36

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

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.
Electronically Filed Intermediate Court of Appeals CAAP-14-0001315 03-MAR-2015 08:33 AM
# Official Journal C 113/13 M

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 113 |
| | |
| English edition | Information and Notices | Volume 4813 May 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 113

English edition

Information and Notices

Volume 4813 May 2005

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2005/C 113/1 | Euro exchange rates | 1 |
| 2005/C 113/2 | Prior notification of a concentration (Case COMP/M.3807 — Siemens/Hyundai/JV) — Candidate case for simplified procedure (1) | 2 |
| 2005/C 113/3 | Prior notification of a concentration (Case COMP/M.3783 — TPG/British Vita) (2) | 3 |

Notice No

Contents

page

I   Information

Commission

2005/C 113/1

Euro exchange rates

1

2005/C 113/2

Prior notification of a concentration (Case COMP/M.3807 — Siemens/Hyundai/JV) — Candidate case for simplified procedure (1)

2

2005/C 113/3

Prior notification of a concentration (Case COMP/M.3783 — TPG/British Vita) (2)

3

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |
| | (2)   Tekst mający znaczenie dla EOG |

---

(1)   Text with EEA relevance

1

(2)   Tekst mający znaczenie dla EOG

2

| EN | |
| --- | --- |

EN
**Section 906 CEO Certification**

** **

**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 ColonyResorts LVH Acquisitions, LLC (the "Company") on Form 10-Q for thequarter ended September 30, 2010, as filed with the Securities and ExchangeCommission on the date hereof (the "Report"), I, David Monahan, ChiefExecutive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

       

 

| /s/ David Monahan |
|-------------------|

DavidMonahan

ChiefExecutive Officer

 

Date:November 5, 2010     

 

 

 

----
```

[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Notices]
[Pages 58227-58228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19956]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2005N-0218]

Vision 2006--A Conversation With the American Public; Notice of 
Public Meetings on Specific Food and Drug Administration Issues; Notice 
of Cancellation of Meetings

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is canceling a series 
of three public meetings entitled ``Vision 2006--A Conversation With 
the American Public.'' These meetings were to be a forum where 
consumers could interact directly with FDA's leadership to discuss 
issues of public interest. These meetings were announced in the Federal 
Register of August 16, 2005 (70 FR 48160).

FOR FURTHER INFORMATION CONTACT: Philip L. Chao, Food and Drug 
Administration (HF-23), 5600 Fishers Lane, Rockville, MD 20857, 301-
827-0587, FAX: 301-827-4774, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of August 16, 2005, 
we announced a series of public meetings entitled ``Vision 2006--A 
Conversation with the American Public.'' These meetings were to be held 
in three cities (Miami, FL; Boston, MA; and Phoenix, AZ), and they were 
to be an open forum where consumers could interact with FDA's 
leadership. The meetings were also to be an opportunity for us to

[[Page 58228]]

update the public on current agency programs, engage the public in 
discussions, and obtain consumer input on specific issues.
    We initially scheduled the meetings to occur on the following 
dates: September 13, 2005, in Miami, FL; November 2, 2005, in Boston, 
MA; and on November 30, 2005, in Phoenix, AZ. However, due to our need 
to focus on relief efforts associated with Hurricane Katrina, we 
postponed the Miami, FL meeting indefinitely (70 FR 53798, September 
12, 2005).
    Through this notice, we regret to announce that we are canceling 
all three meetings at this time. Additionally, we will contact 
individuals who had registered for these meetings to inform them about 
the cancellation.

    Dated: September 29, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05-19956 Filed 10-4-05; 8:45 am]
BILLING CODE 4160-01-S
```
#### Tina Williamson WALTERS, et al. v. NEW DAY ENTERPRISES, et al.

No. 2003-CC-1988.

Supreme Court of Louisiana.

Sept. 19, 2003.

In re KMC Chain Industrial Co. Inc.; Continental Chain Company; — Defendants); Applying for Supervisory and/or Remedial Writs, Parish of Madison, 6th Judicial District Court Div. A, No. 00-273; to the Court of Appeal, Second Circuit, No. 37738-CW.

Denied.
#### OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. David L. KURTZ, Respondent.

No. 691 Disciplinary Docket No. 3.

Supreme Court of Pennsylvania.

July 24, 2003.

*ORDER*

PER CURIAM.

AND NOW, this 24th day of July, 2003, there having been filed with this Court by David L. Kurtz his verified Statement of Resignation dated April 30, 2003, stating that he desires to resign from the Bar. of the Commonwealth of Pennsylvania in accordance with the provisions of Rule 215, Pa.R.D.E., it is

ORDERED that the resignation of David L. Kurtz be and it is hereby accepted and he is DISBARRED ON CONSENT from the Bar of the Commonwealth of Pennsylvania; and it is further ORDERED that he shall comply with the provisions of Rule 217, Pa.R.D.E. Respondent shall pay costs, if any, to the Disciplinary Board pursuant to Rule 208(g), Pa.R.D.E.
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 1 3

- 1 4 3 18 Non

- Argument Calendar

________________________ D.C. Docket No. 3 : 12

- cr
- 0 0 211

- M MH

- T EM

- 1

UNITED STATES OF AMERICA,
Plaintiff

- Appellee,

versus

DOMINGO CASTRO , Defendant

- Appellant.

__________________________ Appeal from the United States District Court for the Middle District of Florida

_________________________ (May 30, 2014)
Before PRYOR , MARTIN and JORDAN , Circuit Judges
PER CURIAM:

Case: 13-14318 Date Filed: 05/30/2014 Page: 1 of 22 Sylvia A. Irvin , counsel for Domingo Castro in this direct criminal appeal , has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable i ssues of merit, counsel’s
motion to withdraw is GRANTED , and Castro ’s conviction and sentence are AFFIRMED

. Case: 13-14318 Date Filed: 05/30/2014 Page: 2 of 2
#### SOUTHERN INGENUITY, INC. and Daryn R. Clark v. Effie BENJAMIN.

No. 2003-C-1396.

Supreme Court of Louisiana.

Sept. 19, 2003.

In re Clark, Daryn R.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Natchitoches, 10th Judicial District Court Div. A, No. 73,243; to the Court of Appeal, Third Circuit, No. 02-1426.

Denied.
#### STATE of Louisiana v. Terry BAGNERIS.

No. 2002-KO-3119.

Supreme Court of Louisiana.

Sept. 19, 2003.

In re Bagneris, Terry; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. I, No. 419-333; to the Court of Appeal, Fourth Circuit, No. 02-KA-0773.

Denied.
#### Paul Raniolo et al., Appellants, v Travelers Indemnity Company, Respondent.

[718 NYS2d 884]

In an action to recover *515the proceeds of an insurance policy, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County (Hall, J.), entered March 9, 2000, which, *inter alia,*granted the defendant’s motion for summary judgment and dismissed the complaint.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. The defendant demonstrated that the action was commenced beyond the two-year limitations period provided in the insurance policy at issue *(see, Brown v Royal Ins. Co.,*210 AD2d 279). Further, the plaintiffs did not demonstrate the existence of an issue of fact as to whether the defendant waived its right to assert the limitations period as a defense *(cf., Greenpoint Bank v Security Mut. Ins. Co.,*247 AD2d 583). The defendant reserved its rights and defenses under the policy while attempting to negotiate the sums due *(see, Compis Seros, v Hartford Steam Boiler Inspection & Ins. Co.,*272 AD2d 886). Moreover, the defendant’s delay in investigating the plaintiffs’ claim did not establish a waiver *(see, Brown v Royal Ins. Co., supra).*

The plaintiffs’ remaining contentions are without merit. Bracken, Acting P. J., Altman, Goldstein and Feuerstein, JJ., concur.
#### Chey Lamont WILLIAMS, Appellant, v. The STATE of Florida, Appellee.

No. 3D03-934.

District Court of Appeal of Florida, Third District.

Aug. 6, 2003.

Chey L. Williams, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before COPE, GERSTEN and RAMIREZ, JJ.

PER CURIAM.

Chey Lamont Williams appeals an order denying his motion to correct illegal sentence. We affirm.

Defendant-appellant Williams was given consecutive sentences as a departure sentence. These were affirmed without opinion on his direct appeal. *Williams v. State,*601 So.2d 566 (Fla. 3d DCA 1992). In a subsequent motion for postconviction relief, it was determined that the legal maximum on count two was thirty years and the sentence on that count was corrected accordingly. As corrected, the consecutive sentences are within the legal maximum and are legal sentences. The current motion to correct illegal sentence was correctly denied.

Affirmed.*

*

**We have taken judicial notice of this court's file in *Williams v. State,*781 So.2d 1098 (Fla. 3d DCA 2001).
STATE of North Carolina v. Christina Shea WALTERS

No. 548A00-2

Supreme Court of North Carolina.

March 1, 2018

Shelagh R. Kenney, Attorney at Law, Malcolm Ray Hunter, Jr., Attorney at Law, Durham, for Walters, Christina Shea

Danielle Marquis Elder, Special Deputy Attorney General, Jonathan P. Babb, Special Counsel to Attorney General, William R. West, District Attorney, for State of North Carolina.

James E. Williams, Jr., Attorney at Law, Carrboro, for N.C. Advocates for Justice.

James E. Coleman, Jr., Attorney at Law, Dallas, TX, for Becton, Charles, et al.

Robert P. Mosteller, Attorney at Law, for Retired Members of NC Judiciary.

***ORDER***

Upon consideration of the petition filed by Defendant on the 30th of May 2017 in this matter for a writ of certiorari to review the order of the Superior Court, Cumberland County, the following order was entered and is hereby certified to the Superior Court of that County:

"Allowed by order of the Court in conference, this the 1st of March 2018."
CA-EX10.61_2013.03.31-Q4




Exhibit 10.61


CA, Inc. Change in Control Severance Policy 
(Amended as of December 10, 2012)


(Schedules as of April 1, 2013)




Schedule A
(2.99 Multiple)


Chief Executive Officer (Michael P. Gregoire)*
Executive Vice President and Chief Financial Officer (Richard J. Beckert)*
Executive Vice President and Group Executive, Worldwide Sales and Services (George J. Fischer)
Executive Vice President and Group Executive, Enterprise Solutions and Technology Group 
(Peter JL Griffiths)*


[Employees may be added or eliminated from time to time]
  
Schedule B
(2.00 Multiple)


Executive Vice President and General Counsel (Amy Fliegelman Olli)
Executive Vice President and Group Executive, Mainframe and Customer Success Group (Adam Elster)*


[Employees may be added or eliminated from time to time]
  
Schedule C
(1.00 Multiple)


Executive Vice President, Strategy and Corporate Development (Jacob Lamm) 


[Employees may be added or eliminated from time to time]




*Denotes participants not eligible for the excise tax-gross-up pursuant to section 4(g) of the Policy.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**34 KA 08-00379** 
PRESENT: SCUDDER, P.J., SMITH, LINDLEY, GREEN, AND MARTOCHE, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

MARK D. SANDS, DEFENDANT-APPELLANT.

JOSEPH T. JARZEMBEK, BUFFALO, FOR DEFENDANT-APPELLANT.

JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (KATHERINE BOGAN OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered January 7, 2008. The judgment convicted defendant, upon a jury verdict, of use of a child in a sexual performance, promoting an obscene sexual performance by a child, sexual abuse in the third degree, endangering the welfare of a child, unlawfully dealing with a child in the first degree and criminal possession of a weapon in the fourth degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, use of a child in a sexual performance (Penal Law § 263.05). County Court properly refused to suppress the oral and written statements that defendant made to a police investigator. The record of the suppression hearing supports the court’s determination that defendant knowingly, voluntarily and intelligently waived his Miranda rights before he made those statements ( see People v Shaw , 66 AD3d 1417, lv denied 14 NY3d 773). Defendant failed to preserve for our review his contention that his statements were elicited after he requested counsel, and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see People v Rumrill , 40 AD3d 1273, 1274, lv denied 9 NY3d 926). “To the extent that defendant preserved for our review his contention that the conviction is not supported by legally sufficient evidence, we conclude that his contention lacks merit” ( People v Barnard , 295 AD2d 999, lv denied 98 NY2d 708). Finally, the sentence is not unduly harsh or severe.

Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court