alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE of North Carolina v. David Lynn PAIGE

No. 377P17

Supreme Court of North Carolina.

April 5, 2018

Craig M. Cooley, Attorney at Law, Cary, for Paige, David Lynn.

Kristine Ricketts, Attorney General, Kimberly S. Robb, District Attorney, for State of North Carolina.

***ORDER***

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 7th of November 2017 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the State of NC, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 5th of April 2018."

Upon consideration of the petition filed on the 7th of November 2017 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 5th of April 2018."
----

Amendment to the notice of invitation to tender for the refund for the export of barley to certain third countries

(2004/C 312/11)

(Official Journal of the European Union, C 253 of 13 October 2004)

Page 8, the text of point 2, under heading I ‘Subject’, reads as follows:

‘The total quantity in respect of which there may be fixed a maximum export refund as provided in Article 4(1) of Commission Regulation (EC) No 1501/95 (1), is approximately 2 000 000 tonnes.’

----

(1)OJ L 147, 30.6.1995, p. 7.

----
EXHIBIT 31.2 

**CERTIFICATIONS**

 I, J. RoeBuckley certify that: 

1.         I have reviewed this quarterly report on Form 10-Q ofMewbourne Energy Partners 04-A, L.P. 

2.        Based on my knowledge, this quarterly reportdoes 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 coveredby this quarterly report; 

3.        Based on my knowledge, the financial statements, and otherfinancial information included in this quarterly 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 quarterly report;

4.        The registrant’s other certifying officers and I are responsible forestablishing 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 oursupervision, 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) Designed such internal control over financial reporting, or caused such internal control over financial reporting tobe designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

(c) Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report ourconclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

(d) Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during theregistrant'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 officers and I have disclosed, based onour most recent evaluation, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent function): 

(a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant’sability to record, process, summarize and report financial data and have identified for the registrant’s auditors any material weaknesses in internal controls; and 

(b) any fraud, whether or not material, that involves management or other employees who have a significant role in theregistrant’s internal control over financial reporting. 

Date:                August 16, 2010
In the MATTER OF: L.S. & L.S.

No. COA18-48

Court of Appeals of North Carolina.

Filed: July 3, 2018

AFFIRMED.
Table of Contents

Exhibit 13

CERTIFICATION PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), each of the undersigned officers of Brasil Telecom
ParticipaçõesS.A. (the Company), does hereby certify, to such officer's knowledge, that:

The Annual Report on Form 20-F for the fiscal year ended December 31, 2006 of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained
in the Form 20-F fairly presents, in all material respects, the financial condition and results of operations of the company.

|                   |  |                                   
|------------------ |  | ----------------------------------
|Dated: May 9, 2007 |  | /s/ Ricardo Knoepfelmacher        
|                   |  | Name: Ricardo Knoepfelmacher      
|                   |  | Title: Chief Executive Officer    
|                  
|Dated: May 9, 2007 |  | /s/ Paulo Narcélio Simões Amaral  
|                   |  | Name: Paulo Narcélio Simões Amaral
|                   |  | Title: Financial Executive Officer

---
#### In the Matter of the Claim of Philip P. Salerno, Appellant. Commissioner of Labor, Respondent.

[719 NYS2d 621]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 29, 1999, which ruled, *inter alia,*that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant, a radiation therapist, was reassigned to the hospital billing department after the radiology and oncology unit of the hospital was closed. Claimant’s salary, hours and benefits did not change in his new position and he was a member of a protected status, meaning that he could not be laid off from his transferred position. Thereafter, claimant resigned in order to take advantage of a voluntary buy-out incentive retirement option, whereby he was paid a $25,000 lump sum and began receiving monthly pension payments. Claimant admits that the decision to accept the early retirement incentive was “strictly voluntary” and he was not in jeopardy of losing his job. Under these circumstances, substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was not entitled to unemployment insurance benefits because he voluntarily left his employment in order to take part in an early retirement incentive package *(see, Matter of Szumelak [Commissioner of Labor],*260 AD2d 884; *Matter of Leung [Sweeney],*219 AD2d 741, 742). Furthermore, inasmuch as there is no dispute that the employer fully funded his pension, claimant’s benefit rate was properly reduced *(see,*Labor Law § 600 [7]).

Cardona, P. J., Mercure, Crew III, Rose and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.
<PAGE>
                                                                    EXHIBIT 21.1

                             Subsidiaries of eGain
                           Communications Corporation

 1. eGain Communications Ltd. (UK)

 2. eGain Communications Pty Ltd. (Australia)

 3. eGain (Cayman) Ltd. (Cayman)

 4. Inference Corporation (Delaware)

 5. eGain Communications Pvt. Ltd. (India)

 6. eGain communications SrL (Italy)

 7. eGain Communications S.A. (France)

 8. eGain Japan K.K. (Japan)

 9. eGain Communications B.V. (Netherlands)

10. eGain Communications GmbH (Germany)

11. eGain Communications Ltd. (Ireland)

12. eGain Communications Pacific Pte. Ltd (Singapore)
#### In re: JTS CORPORATION, Debtor, Suzanne L. Decker, Trustee, Appellant, v. Aurora National Life Assurance Company; Keith L. Powell; Merrill Lyons; Michael Pastore, Appellees. In re: JTS Corporation, Debtor, Michael Pastore, Appellant, v. Suzanne L. Decker, Trustee, Appellee.

Nos. 02-15551, 02-15591.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 16, 2003.

Decided June 18, 2003.

Before: CANBY, KLEINFELD, and RAWLINSON, Circuit Judges.

MEMORANDUM *

1. The Bankruptcy Appellate Panel (“BAP”) did not err in concluding that the Debtor violated the injunction entered by the California Superior Court when the Debtor changed the named beneficiaries under the Policies.

2. Nor did the BAP err in determining that violation of the injunction was not a “claim” within the meaning of 11 U.S.C. § 101(5). Under California law, the remedy for violation of an injunction is contempt, which does not give the aggrieved party a *right*to payment. *See H.J. Heinz, Co. v. Superior Court,*42 Cal.2d 164, 173-74, 266 P.2d 5 (1954); *see also Brewster v. Southern Pacific Transportation Co.,*235 Cal.App.3d 701, 711, 1 Cal.Rptr.2d 89 (1991) (“[A] court has no authority to award *818compensatory damages in a contempt action.”) (citation omitted).

3. The BAP did not err in concluding that the cash reserves and death benefits under the policies were not property of the estate. *See*11 U.S.C. § 541(d) (stating that property of the estate does not include “[pjroperty in which the debtor holds, as of the commencement of the case, only legal title and not an equitable interest[.]”); *see also Liberty Mut. Ins. Co. v. Official Unsecured Creditors’ Committee Of Spaulding Composites Company (In re Spaulding Composites, Inc.),*207 B.R. 899, 906 (9th Cir.BAP1997) (“[W]hen a debtor corporation owns a liability policy that exclusively covers its directors and officers, we know ... that the proceeds of that ... policy are not part of the debt- or’s bankruptcy estate.”) (citation omitted).

4. Pastore may not avail himself of offensive collateral estoppel in this action because the issue he seeks to preclude from relitigation was not decided in the state court action. *See Harmon v. Kobrin (In re Harmon),*250 F.3d 1240, 1245 (9th Cir.2001). In addition, Pastore has offered no explanation for his failure to join the earlier action. *See Parklane Hosiery Co., Inc. v. Shore,*439 U.S. 322, 330-31, 99 S.Ct. 645, 58 L.Ed.2d 552 (1979).

AFFIRMED.

*

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
<PAGE>

                                                                    EXHIBIT 31.2

                CERTIFICATION OF THE PRINICIPAL FINANCIAL OFFICER

I, Julia A. Fratianne, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Kahiki Foods, 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(s) 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) 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; and

      (c) 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(s) 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; and

      (b) 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.

Date: August 10, 2005

/s/ Julia A. Fratianne
-------------------------------------
Julia A. Fratianne, Treasurer and CFO
(Principal Financial Officer)

                                       17
<PAGE>

                                                                      EXHIBIT 32

                 CERTIFICATION PURSUANT TO RULE 13a - 14(b) AND
                  SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THE
                    UNITED STATES CODE AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Quarterly Report of Kahiki Foods, Inc. (the
"Company") on Form 10-QSB for the quarterly period ended September 30, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned certify, pursuant to Section 1350 of Chapter 63 of
Title 18 of the United States Code as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

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

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

/s/ Michael C. Tsao
-------------------
Michael C. Tsao
President and CEO
November 15, 2004

/s/ Julia A. Fratianne
----------------------
Julia A. Fratianne
Treasurer and CFO
November 15, 2004

This certification is being furnished as required by Rule 13a-14(b) under the
Securities Exchange Act of 1934, as amended (the "Exchange Act") and Section
1350 of Chapter 63 of Title 18 of the United States Code, and shall not be
deemed "filed" for purposes of Section 18 of the Exchange Act or otherwise
subject to the liability of that Section. This certification shall not be deemed
to be incorporated by reference into any filing under the Securities Act of 1933
or the Exchange Act, except as otherwise stated in such filing.

                                       19
IN the INTEREST OF J. S. A., a child.

A18A0328

Court of Appeals of Georgia.

June 20, 2018

*400Eric Alvin Ballinger, Canton, for Appellant.

Cliff Head, Wallace W. Rogers Jr., Shannon Glover Wallace, for Appellee.

Doyle, Presiding Judge.

The district attorney for the Blue Ridge Judicial Circuit filed a delinquency petition in the Juvenile Court of Cherokee County, alleging that J. S. A. was deliquent for committing an act, which if committed by an adult, would constitute the offense of making a terroristic threat,1 by showing to the victim a digital photograph of a weapon after another juvenile, J. P., told the same victim that J. P. was going to shoot the victim. At the conclusion of the adjudicatory hearing, the juvenile court found that the State had met its burden of showing that J. S. A. committed the delinquent offense, but instead of adjudicating delinquent J. S. A., the court entered an informal adjustment with various conditions for J. S. A. over the period of six months. The court explained to J. S. A. that if he complied with the rules, the charge would be dismissed at the end of six months, and if *420he failed to comply he would be placed on probation for up to two years.2 The written order was entered on June 15, 2017.

J. S. A. appealed the order, but the State argues that this appeal should be dismissed. Citing *In the Interest of M. T.* ,3 and *M. K. H. v. State* ,4 the State contends that an informal adjustment is not an appealable final order of delinquency. We agree. Like an order holding the judgment in abeyance during good behavior, the order here did not render a judgment of adjudication and disposition on the allegation contained in the petition, and if J. S. A. completes the requirements in the order, no such adjudication will be made. Because "the order appealed from is not the final judgment to be entered in the case by any court in Georgia, this appeal is premature, and the case must be dismissed without prejudice. [J. S. A.] is expressly granted permission to file a direct appeal *401from any subsequent final judgment."5

*Appeal dismissed.*

Dillard, C. J., and Mercier, J., concur.

1

OCGA § 16-11-37 (b) (1) (A).

2

We note that there was no petition for informal adjustment filed pursuant to OCGA § 15-11-515. J. S. A. did not object to the entry of the informal adjustment at the hearing, so he has waived any challenge to the trial court's ability to enter an informal adjustment. Cf. *Rivers v. State* , 229 Ga. App. 12, 13 (1), 493 S.E.2d 2 (1997) ("Failure to timely object to a transfer to superior court waives appellate review of this issue."), overruled on other grounds by enactment of OCGA § 15-11-564. In any event, we do not read his argument to this Court to be that the trial court was prohibited from entering such an informal adjustment without the proper petition being filed, rather, that he be allowed the right to appeal immediately from the adjustment order.

3

223 Ga. App. 615, 478 S.E.2d 428 (1996).

4

132 Ga. App. 143, 207 S.E.2d 645 (1974).

5

*In the Interest of M. T.* , 223 Ga. App. at 616, 478 S.E.2d 428.
WALKER, et al. v. DRIVEN HOLDINGS, LLC

395A17-1

Supreme Court of North Carolina.

March 1, 2018

David C. Boggs, Attorney at Law, Charlotte, Colin R. Stockton, Attorney at Law, for Walker, Ken, et al.

Michael W. Mitchell, Attorney at Law, Raleigh, Jackson Wyatt Moore, Jr., Attorney at Law, for Driven Holdings, LLC.

The following order has been entered on the motion filed on the 16th of February 2018 by Glenn M. Kurtz for Admission Pro Hac Vice:

"Motion Allowed by order of the Court in conference, this the 1st of March 2018."
STATE v. Christina Shea WALTERS

548A00-2

Supreme Court of North Carolina.

July 20, 2018

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

Danielle Marquis Elder, Special Deputy Attorney General, Jonathan P. Babb, Special Counsel to Attorney General, For State of North Carolina.

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

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

Robert P. Mosteller, Attorney at Law, for Professors John Charles Boger & Robert P. Mosteller.

Grady Jessup, Attorney at Law, for N.C. Association of Black Lawyers.

Lisa A. Bakale-Wise, Irving Joyner, Attorneys at Law, for N.C. State Conference of the NAACP.

Edward Joseph Blocher, Jr., Attorney at Law, for Social Scientists.

Janet Moore, Attorney at Law, for National Association for Public Defense.

Carlos E. Mahoney, Attorney at Law, Jin Hee Lee, W. Kerrel Murray, Attorneys at Law, Pro Hac Vice, for NAACP Legal Defense and Educational Fund, Inc.

Cynthia F. Adcock, Attorney at Law, for N.C. Council of Churches.

Burton Craige, Attorney at Law, for N.C. Advocates for Justice.

Jeremy M. Falcone, Attorney at Law, for Former State and Federal Prosecutors.

William R. West, District Attorney, for State

The following order has been entered on the motion filed on the 17th of July 2018 by Former State and Federal Prosecutors to admit Paul F. Khoury Pro Hac Vice:

"Motion Allowed by order of the Court in conference, this the 20th of July 2018."
EXHIBIT 32.1

Written Statement of the Chief Executive Officer

Pursuant to 18 U.S.C. §1350

Solely for the purposes of complying with 18 U.S.C. §1350, I, the undersigned Chairman and Chief Executive Officer of Regency Centers Corporation, the general
partner of Regency Centers, L.P. (the Partnership), hereby certify, based on my knowledge, that the Annual Report on Form 10-K/A of the Partnership for the year ended December 31, 2007 (the Report)
fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the
Partnership.

Date: March 28, 2008



|                                                       
|-------------------------------------------------------
|/s/ Martin E. Stein, Jr.                               
|Martin E. Stein, Jr.                                   
|Chief Executive Officer of Regency Centers Corporation,
|general partner of registrant