alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 13.1

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

The certification set forth below is being
submitted in connection with the Annual Report on December 31, 2005 for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the Exchange Act) and Section 1350 of Chapter 63 of
Title 18 of the United States Code.

Mario Cesar Pereira de Araujo, the Chief Executive Officer, and Stefano De Angelis, the Chief Financial Officer of TIM
Participações S.A., each certifies that, to the best of their respective knowledge:



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



|2. | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of TIM Participações S.A.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------

Rio de Janeiro, June 22, 2007



|       |  |                                   
|------ |  | ----------------------------------
|By:    |  | /s / Mario Cesar Pereira de Araujo
|Name:  |  | Mario Cesar Pereira de Araujo     
|Title: |  | Chief Executive Officer           
|       | 
|By:    |  | /s / Stefano De Angelis           
|Name:  |  | Stefano De Angelis                
|Title: |  | Chief Financial Officer
**Exhibit32.2**

 

**CERTIFICATIONOF CFO PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of Jackson Hewitt Tax ServiceInc. (the ‘‘Company’’) on Form 10-Q for the period ended July 31, 2004, asfiled with the Securities and Exchange Commission on the date hereof (the‘‘Report’’), I, Mark L. Heimbouch, as Chief Financial Officer and Director ofthe Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto 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) or15(d) of the Securities Exchange Act of 1934; and

 

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

 
| /s/ Mark L. Heimbouch                |   |
|--------------------------------------|--------|
| Mark L. Heimbouch                    |
| Chief Financial Officer and Director |
| September 13, 2004                   |

 

 

This certification accompanies the Report pursuant to Section 906 ofthe Sarbanes-Oxley Act of 2002 and shall not, except to the extent required bythe Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes ofSection 18 of the Securities Exchange Act of 1934, as amended.

 

----
Exhibit 10.2

 

Amendment No. 1 to

 

Dynamic Materials Corporation 2006 Stock Incentive Plan

 

This Amendment No. 1 (the “Amendment”) to the Dynamic Materials Corporation 2006 Stock Incentive Plan (the “Plan”), has been adopted by the Board of Directors of Dynamic Materials Corporation, a Delaware corporation (the “Company”), on March 11, 2013 to be effective as of such date; provided however, that Section 1 of this Amendment shall not be effective until approved by the affirmative vote of a majority of the stockholders of the Company.

 

1.                                      Increase in Number of Shares Available.  Section 3(a) of the Plan is hereby amended to read in its entirety as follows:

 

Number of Shares Available for Grants.  Subject to adjustment as provided in Section 18 hereof, the maximum number of Shares that may be issued pursuant to Awards under the Plan shall be 1,617,500.  The Shares to be issued pursuant to the Awards may be authorized but unissued Shares or treasury Shares.

 

2.                                      Limitation on Number of Incentive Stock Options.  Section 3(b)(i) of the Plan is hereby amended to read in its entirety as follows:

 

Options and SARs:  The maximum of Shares to which Options and SARs may be granted in any 36-month period to any one Participant shall be 425,000 Shares.  If the Options are Incentive Stock Options, the maximum aggregate number of Shares that may be granted with respect thereto in any 12-month to any one Participant shall be 150,000 Shares.

 

3.                                      Limitation on Shorter Period of Restriction.  Section 8(c) is hereby amended by replacing “five percent (5%)” with “twenty percent (20%).”

 

4.                                      Code Section 409A Matters.  Section 24(f) of the Plan is hereby amended to read in its entirety as follows:

 

Code Section 409A Compliance.  To the extent applicable, it is intended that this Plan and any Awards granted hereunder comply with the requirements of Section 409A of the Code and the regulations and other guidance promulgated thereunder (“Section 409A”).  Any provision that would cause the Plan or any Award granted hereunder to fail to satisfy Section 409A shall have no force or effect until amended to comply with Section 409A, which amendment may be retroactive to the extent permitted by Section

 











 

409A.  Notwithstanding anything in this Plan or Award granted hereunder to the contrary, in no event will the Committee provide for the deferral of settlement or vesting of any award, on a mandatory basis or Participant elective basis, unless such deferral is documented in writing and administered in compliance with Section 409A.  In no event shall the number, kinds, or exercise price of any Award granted hereunder be modified or extended if such modification or extension would result in a violation of Section 409A.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 1654

TYRONE HURT , Plaintiff

- Appellant ,

v. THE AMERICAN COLLEGE DICTIONARY , Defendant

- Appellee

.

Appeal from the United States District Court for the District of Maryland , at Baltimore

. Richard D. Bennett , District Judge. ( 1:19

- cv - 01704

- RDB )

Submitted : September 26, 2019 Decided: September 30, 2019

Before NIEMEYER and KEENAN , Circuit Judges , and HAMILTON, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

. Tyrone Hurt, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Tyrone Hurt appeals the district court’s order dism issing his civil complaint pursuant to a prefiling injunction prohibiting him from filing a complaint that does not state a cognizable claim. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the d istrict court. Hurt v. Am. Coll. Dictionary , No. 1:19

- cv - 01704

- RDB (D. Md. June 11, 2019). We grant Hurt leave to proceed in forma pauperis (IFP) and deny his motion to reconsider the order deferring action on his IFP application . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
Exhibit
32.2





Certification
pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002





In
connection with the Quarterly Report of Environmental Control Corp. (the
"Company") on Form 10-Q for the period ended March 31, 2009 as filed with the
Securities and Exchange Commission (the "Report"), the undersigned, in the
capacities and on the dates indicated below, hereby certifies pursuant to 18
U.S.C. 1350, as 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 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.





Dated:      May
15, 2009





By:           /s/
Gary Bishop


Gary
Bishop


Chief
Financial Officer and Director


(Principal Financial Officer)
STATE of North Carolina v. Antonio Lamar STIMPSON

No. 408A17

Supreme Court of North Carolina.

Filed September 21, 2018

Joshua H. Stein, Attorney General, by Wes Saunders, Assistant Attorney General, for the State.

Drew Nelson, for defendant-appellant.

PER CURIAM.

AFFIRMED.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4508 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                H. R. 4508

_______________________________________________________________________

                                 AN ACT

 
 To amend the East Bench Irrigation District Water Contract Extension 
Act to permit the Secretary of the Interior to extend the contract for 
                        certain water services.

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

SECTION 1. EAST BENCH IRRIGATION DISTRICT CONTRACT EXTENSION.

    Section 2(1) of the East Bench Irrigation District Water Contract 
Extension Act (Public Law 112-139; 126 Stat. 390) is amended by 
striking ``4 years'' and inserting ``10 years''.

            Passed the House of Representatives July 22, 2014.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                               H. R. 4508

_______________________________________________________________________

                                 AN ACT

 To amend the East Bench Irrigation District Water Contract Extension 
Act to permit the Secretary of the Interior to extend the contract for 
                        certain water services.
```
#### The People of the State of New York, Respondent, v Jabar Moore, Appellant.

[718 NYS2d 845]

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered April 7, 1998, convicting defendant, after a jury trial, of two counts of murder in the second degree, and sentencing him to consecutive terms of 25 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. On the contrary, we find the evidence to be overwhelming. There is no basis upon which to disturb the jury’s determinations concerning credibility.

Defendant was not deprived of a fair trial by brief, limited testimony about the presence of what appeared to be narcotics in defendant’s apartment. The testimony was received to complete the narrative of an incident in which defendant fled from police who were investigating the instant murders. The People made no attempt to influence the jury to consider this evidence as demonstrating defendant’s criminal propensity *(see, People v Chadwick,*227 AD2d 123, *lv denied*88 NY2d 981).

Defendant opened the door to testimony that the person who allegedly hired defendant to kill one of the victims refused, through his lawyer, to speak to a detective who was investigating the crimes. This testimony was responsive to a line of inquiry that defendant had been pursuing at length on cross-examination, and the People did not seek to draw any impermissible inferences from that individual’s refusal to speak to the police.

Defendant’s remaining contentions, including those contained in his *pro se*supplemental brief, are unpreserved and we *337decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Nardelli, J. P., Williams, Tom, Wallach and Friedman, JJ.
IN THE COURT OF APPEALS OF TENNESSEE 

AT JACKSON 

COURTNEY LOGAN v. LISA HELTON ET AL. 

Appeal from the Chancery Court for Hardeman County 

No. 19646 Kasey Culbreath, Judge FILED 

DEC 0 6 2023 

No. W2023-00063-COA-R3-CV Clerk of t 

Red 13y 

Appellant, Courtney Logan, appealed a December 7, 2022 order of the Hardeman County 

Chancery Court. Because the order appealed is not a final judgment, this Court lacks 

jurisdiction to consider the appeal. Tenn. R. App. P. 3(a). The appeal is dismissed. 

Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed. 

J. STEVEN STAFFORD, P.J., W.S.; ARNOLD B. GOLDIN, J..; CARMA DENNIS MCGEE, J. 

Courtney R. Logan, Whiteville, Tennessee, pro se, appellant. 

Andrée Sophia Blurnstein, Solicitor General, for the appellees, Tennessee Departrnent of 

Corrections, and Commissioner, TN. Dept. of Correction. 

MEMORANDUM OPINION' 

Pursuant to the requirements of Rule 13(b) of the Tennessee Rules of Appellate 

Procedure, on October 31, 2023, the Court directed Appellant to show cause why this 

appeal should not be disrnissed for lack of subject matter jurisdiction after it became clear 

that there was no final judgrnent from which an appeal as of right would lie. "A final 

Rule 10 of the Rules of the Court of Appeals provides: 

This Court, with the concurrence of all judges participating in the case, may affirm, reverse 

or modify the actions of the trial court by memorandum opinion when a formal opinion 

would have no precedential value. When a case is decided by memorandum opinion it shall 

be designated "MEMORANDUM OPINION," shall not be published, and shall not be 

cited or relied on for any reason in any unrelated case. 
judgment is one that resolves all the issues in the case, 'leaving nothing else for the trial 

court to do.'" In re Estate of Henderson, 121 S.W.3d 643, 645 (Tenn. 2003) (quoting State 

ex rel. McAllister v. Goode, 968 S.W.2d 834, 840 (Tenn. Ct. App. 1997)). This Court does 

not have subject matter jurisdiction to adjudicate an appeal as of right if there is no final 

judgment. See Bayberry Assocs. v. Jones, 783 S.W.2d 553, 559 (Tenn. 1990) ("Unless an 

appeal from an interlocutory order is provided by the rules or by statute, appellate courts 

have jurisdiction over final judgments only."). 

Specifically, Appellant, who is incarcerated, appealed a December 7, 2022 order of 

the trial court that denied his request to be transported to appear in a civil case. This is not 

a final order, as it does not resolve any claims between any parties. Although Appellant 

filed a response to this Court's October 31, 2023 Show Cause Order, the response failed to 

show good cause why this appeal should not be dismissed for lack of a final judgment. 

In the absence of final judgment, this Court lacks jurisdiction to consider this appeal. 

Tenn. R. App. P. 3(a). Thus, the appeal is hereby DISMISSED. Costs on appeal are taxed 

to Appellant, Courtney Logan, for which execution may issue. 

PER CURIUM 

2
*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 10, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-10122

SANJAY H. PATEL,

Plaintiff-Appellant,

versus

CONDOLEEZZA RICE, in her Official Capacity

as Secretary of State,

Defendant-Appellee.

Appeal from the United States District Court

for the Northern District of Texas - Dallas Division

Case No. 3:04-CV-398

Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit

Judges.

PER CURIAM:*

The court has considered this appeal in light of the

briefs and pertinent portions of the record. Finding no error of

fact or law, we AFFIRM the judgment of the district court.

AFFIRMED.
March 31, 2015

JUDGMENT

The Fourteenth Court of Appeals

ROSEMARY TOOKER, Appellant

NO. 14-15-00124-CV V.

ALIEF INDEPENDENT SCHOOL DISTRICT, Appellee

________________________________

Today the Court heard its own motion to dismiss the appeal from the 

judgment signed by the court below on January 7, 2015. Having considered the 

motion and found it meritorious, we order the appeal DISMISSED.

We further order that all costs incurred by reason of this appeal be paid by 

appellant, Rosemary Tooker.

We further order this decision certified below for observance.
**Exhibit
23.2**
  **CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**
  We hereby
consent to the incorporation by reference in the Registration Statement on
Form S-8 (No.
333-101297) and the Registration Statement on Form S-3 originally filed on Form
S-1 (No. 333-112727) of DOV Pharmaceutical, In c. of our
report dated March 7, 2003, except Note 8 as to which the date is March 24, 2003
relating to the financial statements of DOV (Bermuda), Ltd., which appears in
the Form 10-K filed on March 15, 2005.
 
 PricewaterhouseCoopers
LLP
  Florham
Park, New Jersey
 March 14,
2005
**EXHIBIT 12.2**

 

CERTIFICATION OF JOHN ASTON PURSUANT TO SECTION 302 OF 

THE SARBANES-OXLEY ACT OF 2002 

 

I, John Aston, certify that: 

 

1. I have reviewed this annual report on Form 20-F of Cambridge Antibody Technology Group plc; 

 

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 thestatements 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 thefinancial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report; 

 

4. The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the company 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 company, including its consolidatedsubsidiaries, 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 company’s disclosure controls and procedures and presented in this report our conclusions about theeffectiveness 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 company’s internal control over financial reporting that occurred during the period covered by theannual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and 

 

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

 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonablylikely to adversely affect the company’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 asignificant role in the company’s internal control over financial reporting. 

 

Date: March 3, 2006 

 

/s/ John Aston

Name:
 John Aston
Title:
 Chief Financial Officer
<PAGE>


                                                                   Exhibit 10.12
                                                                   -------------


                          Independent Auditor's Report
                          ----------------------------


To the Board of Directors and Shareholders
Anthony & Sylvan Pools Corporation

Under date of February 15, 2002, we reported on the consolidated balance sheet
of Anthony & Sylvan Pools Corporation and subsidiaries (the Company) as of
December 31, 2001, and the related consolidated statements of income,
shareholders' equity, and cash flows for the year ended December 31, 2001, which
are included in the Form 10-K. In connection with our audit of the
aforementioned consolidated financial statements, we also audited the related
consolidated financial statement schedule for the year ended December 31, 2001
in the Form 10-K. This financial statement schedule is the responsibility of the
Company's management. Our responsibility is to express an opinion on this
financial statement schedule based on our audit.

In our opinion, such financial statement schedule, when considered in relation
to the basic consolidated financial statements taken as a whole, presents
fairly, in all material respects, the information set forth therein.


KPMG LLP
February 15, 2002




                                       25
STATE of North Carolina v. Delmonte Percell JEFFERSON, Jr.

No. COA18-372

Court of Appeals of North Carolina.

Filed: December 18, 2018

AFFIRMED.
**EXHIBIT      32**

**CERTIFICATIONS      PURSUANT TO**

**18      U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

| Dated: |   July                27, 2007       |   |   |  RIDGEWOOD                ENERGY K FUND, LLC                 |
|--------|------------------------------------------------|--------|--------|------------------------------------------------------------------------|
|   |                                           | By:    | /s/    |  ROBERT                E. SWANSON                                 |
|   |                                           |   | Name:  |  Robert                E. Swanson                                 |
|   |                                           |   | Title: |  President                and Chief Executive Officer             |
|   |                                           |   |   |  (Principal                Executive Officer)                     |
|   |                                           |   |   |                                                                   |
| Dated: |    July                27, 2007 |   |   |                                                                   |
|   |                                           | By:    | /s/    |  KATHLEEN                P. MCSHERRY                              |
|   |                                           |   | Name:  |  Kathleen                P. McSherry                              |
|   |                                           |   | Title: |  Senior                Vice President and Chief Financial Officer |
|   |                                           |   |   |  (Principal                Financial and Accounting Officer)      |
|   |                                           |   |   |                                                                   |
|   |                                           |   |   |                                                                   |

----