alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE v. Antwaun SIMS

297PA18-1

Supreme Court of North Carolina.

December 21, 2018

David W. Andrews, Assistant Appellate Defender, Ben Finholt, Attorney at Law, For Sims, Antwaun Kyral

Glenn Gerding, Appellate Defender

Kimberly N. Callahan, Assistant Attorney General, Ernie Lee, District Attorney, For State of North Carolina

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 20th of December 2018 by Defendant:

"Motion Allowed by order of the Court in conference, this the 21st of December 2018."

Defendant shall have up to and including the 5th day of February 2019 to file and serve his/her brief with this Court.
#### STATE of Missouri, Respondent, v. Aaron L. HENDERSON, Appellant.

No. WD 60869.

Missouri Court of Appeals, Western District.

June 10, 2003.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 29, 2003.

John Maurice Schilmoeller, Kansas City, for Appellant.

*404Jeremiah W. (Jay) Nixon, Atty. Gen., John Munson Morris, for Respondent.

Before LISA WHITE HARDWICK, Presiding Judge, PATRICIA A. BRECKENRIDGE, Judge, and PAUL M. SPINDEN, Judge. •

ORDER

Aaron L. Henderson appeals the circuit court’s judgment convicting him of murder in the first degree and armed criminal action. We affirm. Rule 30.25(b).
**EXHIBIT
      32.1**




**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER**




**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 Visual Management Systems, Inc. (the
      “Company”) on Form 10-Q/A for the period ended June 30, 2008, as filed with the
      Securities and Exchange Commission (the “Report”), I, Jason Gonzalez, President
      and Chief Executive Officer of the Company, do hereby certify, pursuant to
      18
      U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,
      that to my knowledge:




(1)  the
      Report fully complies with the requirements of §13(a) or 15(d) of the Securities
      Exchange Act of 1934, as amended, 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.




Date:
                August 27, 2008
            By:
            /s/
                Jason GonzalezJason
                GonzalezPresident
                and Chief Executive Officer
Ernest James NICHOLS v. Brian PULLEY, Assistant Superintendent for Custody - Nash Correctional;

Eric Hooks, Secretary of the North Carolina Department of Public Safety

No. 296P15-3

Supreme Court of North Carolina.

January 11, 2019

Ernest James Nichols, for Nichols, Ernest James.

Daniel P. O'Brien, Special Deputy Attorney General, for Pulley, Brian, et al.

***ORDER***

Upon consideration of the application filed by Petitioner on the 10th of January 2019 in this matter for Writ of Habeas Corpus, the following order was entered and is hereby certified to the Superior Court, Mecklenburg County:

"Denied by order of the Court in conference, this the 11th of January 2019."

Ervin, J. recused
**EXHIBIT32.02**

 

**CERTIFICATION OF EXECUTIVE VICEPRESIDENT AND CHIEF FINANCIAL OFFICER**

 

Pursuant to 18 U.S.C. § 1350, as created by Section 906of the Sarbanes-Oxley Act of 2002, the undersigned officer of EntercomCommunications Corp. (the “Company”) hereby certifies, to such officer’sknowledge, that:

 

(i)                                     the accompanying Annual Report on Form 10-Kof the Company for the annual period ended December 31, 2008 (the “Report”)fully complies with the requirements of Section 13(a) or Section 15(d),as applicable, of the Securities Exchange Act of 1934, as amended; and

 

(ii)                                  the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 
| Date:  March 15, 2010 |
|----------------------------|
|                       |
| By:                        | /s/ Stephen F. Fisher |   |
| Name:                      | Stephen F. Fisher |   |
| Title:                     | Executive Vice  President – Operations and Chief Financial Officer |   |
|                       | (principal financial officer) |   |

 

*A signed original of this writtenstatement required by Section 906 has been provided to EntercomCommunications Corp. and will be retained by Entercom Communications Corp. andfurnished to the Securities and Exchange Commission or its staff upon request.*

 

1

----
STATE of North Carolina v. Carl Ray POORE, Jr.

No. COA17-1387

Court of Appeals of North Carolina.

Filed: July 3, 2018

VACATED. REMANDED.
---

CERTIFICATION OF
  CHIEF EXECUTIVE OFFICER ANDCHIEF FINANCIAL OFFICERPURSUANT TO
  18 U.S.C. SECTION 1350,
  AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Bruce T. Leitch, Chief Executive Officer and Chief Financial
  Officer of Cool Can Technologies, Inc. (the Company), hereby certify
  pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
  Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

| | (i)  | the Annual Report on Form 10-KSB of the Company,
        for the fiscal year ended June 30, 2003, and to which this certification
        is attached as Exhibit 32.1 (the Report) fully complies with
        the requirements of Section 13(a) or 15(d) of the Securities Exchange
        Act of 1934, as amended; and
| | ---- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (ii) | the information contained in the Report fairly presents,
        in all material respects, the financial condition and results of operations
        of the Company.                                                                                                                                                       

| | By:    | /s/ Bruce T. Leitch    
| | ------ | -----------------------
| |        |                        
| | Name:  | BRUCE T. LEITCH        
| |        |                        
| | Title: | Chief Executive Officer
| |        | Chief Financial Officer
| |        |                        
| | Date:  | April 19, 2004         

A signed original of this written statement required by
  Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Registrant
  and will be retained by the Registrant and furnished to the Securities and Exchange
  Commission or its staff upon request.

This certification accompanies the Form 10-KSB to which
  it relates, is not deemed filed with the Securities and Exchange Commission
  and is not to be incorporated by reference into any filing of the Registrant
  under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether
  made before or after the date of the Form 10-KSB), irrespective of any general
  incorporation language contained in such filing.

---
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

CUSTOMEDIA TECHNOLOGIES, LLC,

Appellant

v.

DISH NETWORK CORPORATION, DISH NETWORK 

LLC,

Cross-Appellants

______________________

2019-1002, 2019-1003, 2019-1027, 2019-1029

______________________

Appeals from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board in Nos. IPR2017-

00717, IPR2017-00724.

______________________

ORDER

______________________

Before PROST, Chief Judge, DYK and MOORE, Circuit 

Judges.

PER CURIAM.

In light of our disposition in Customedia Techs., 

LLC v. Dish Network Corp., Nos. 18-2239, 19-1000, we dismiss this case as moot. 

Case: 19-1002 Document: 75 Page: 1 Filed: 03/06/2020
CUSTOMEDIA TECHNOLOGIES, LLC v. DISH NETWORK 

CORPORATION

2

 FOR THE COURT

 March 6, 2020 /s/ Peter R. Marksteiner

 Date Peter R. Marksteiner

 Clerk of Court

Case: 19-1002 Document: 75 Page: 2 Filed: 03/06/2020
<PAGE>

                                                                    EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ENACTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of First National Bancshares, Inc. (the
"Company") on Form 10-K for the period ending December 31, 2003 as filed with
the Securities and Exchange Commission on March 29, 2004 (the "Report"), I,
Francis I. duPont, III, Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as enacted 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/ Francis I. duPont, III

Francis I. duPont, III
Chief Executive Officer
March 26, 2004
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE COMPANY WAS FORMED ON JUNE 10, 1998 (INCEPTION) AND HAS A FISCAL YEAR ENDING
JANUARY 31, 1999
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JAN-31-2000
<PERIOD-START>                             FEB-01-1999
<PERIOD-END>                               JAN-31-2000
<CASH>                                          59,780
<SECURITIES>                                         0
<RECEIVABLES>                                   70,835
<ALLOWANCES>                                     2,449
<INVENTORY>                                     80,653
<CURRENT-ASSETS>                               219,547
<PP&E>                                          72,331
<DEPRECIATION>                                  19,786
<TOTAL-ASSETS>                                 391,386
<CURRENT-LIABILITIES>                           82,392
<BONDS>                                        187,932
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      47,157
<TOTAL-LIABILITY-AND-EQUITY>                   391,386
<SALES>                                        471,842
<TOTAL-REVENUES>                               472,517
<CGS>                                          421,316
<TOTAL-COSTS>                                  482,257
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              22,772
<INCOME-PRETAX>                               (29,638)
<INCOME-TAX>                                     3,732
<INCOME-CONTINUING>                           (33,235)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (33,235)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
Exhibit 10.4(b)

 

AMENDMENT TO THE TRADING ADVISORY AGREEMENT

 

This AMENDMENT dated as of the 1st day of January 2013, to the AMENDED AND RESTATED TRADING ADVISORY AGREEMENT made as of the 1st day of September, 2011, (the “Trading Advisory Agreement”) among SYDLING FUTURES MANAGEMENT LLC, a Delaware limited liability company (“SFM”), AAA ENERGY OPPORTUNITIES FUND LLC, a Delaware limited liability company (the “Company”) and AAA CAPITAL MANAGEMENT ADVISORS, LTD., a Texas limited partnership (the “Advisor” or “AAA”, all parties together, the “Parties”).  Capitalized terms not defined herein have the meaning ascribed to those terms in the Trading Advisory Agreement.

 

W  I  T  N  E  S  S  E  T  H:

 

WHEREAS, effective as of January 1, 2013, the Advisor’s monthly fee for professional management services is being decreased to 1/12 of 1.5% (1.5% per year); and

 

WHEREAS, the Parties wish to amend that Trading Advisory Agreement to reflect these changes.

 

NOW, therefore, the Parties agree as follows:

 

1.  Section 3(a), clause (i) shall be deleted and replaced by the following:

 

“pay the Advisor a monthly fee for professional management services equal to 1/12th of 1.5% (1.5% per year) of the month-end Net Assets of the Company allocated to the Advisor (computed monthly by multiplying the Company’s Net Assets allocated to the Advisor as of the last business day of each month by 1.5% and dividing the result thereof by 12); and”

 

2.  In all other respects the Trading Advisory Agreement remains unchanged and of full force and effect

 











 

IN WITNESS WHEREOF, this Amendment has been executed for and on behalf of the undersigned as of the day and year first above written.

 

	
 
    	
SYDLING FUTURES MANAGEMENT LLC
    
	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
By
    	
/s/ Jerry Pascucci
    
	
 
    	
 
    	
Name: Jerry Pascucci
    
	
 
    	
 
    	
Title: President and Director
    
	
 
    	
 
    	
 
    
	
 
    	
AAA ENERGY OPPORTUNITIES FUND LLC
    
	
 
    	
 
    	
 
    
	
 
    	
By:
    	
Sydling Futures Management LLC
    
	
 
    	
 
    	
(Trading Manager)
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
By
    	
/s/ Jerry Pascucci
    
	
 
    	
 
    	
Name: Jerry Pascucci
    
	
 
    	
 
    	
Title: President and Director
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
AAA CAPITAL MANAGEMENT   ADVISORS, LTD.
    
	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
By
    	
/s/ A. Anthony Annunziato
    
	
 
    	
 
    	
A. Anthony Annunziato
    
	
 
    	
 
    	
President
STATE of North Carolina v. Alquan De'Shawn HILL

No. 205P18

Supreme Court of North Carolina.

September 20, 2018.

Marilyn G. Ozer, Attorney at Law, Chapel Hill, for Hill, Alquan De'Shawn.

Peter A. Regulski, Assistant Attorney General, Matthew Delbridge, District Attorney, for State of North Carolina.

***ORDER***

Upon consideration of the petition filed on the 6th of July 2018 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 20th of September 2018."
AVR DAVIS RALEIGH, LLC v. TRIANGLE CONSTRUCTION COMPANY, INC.

No. 354P18

Supreme Court of North Carolina.

January 30, 2019

Bradley M. Risinger, Robert A. deHoll, Matthew Nis Leerberg, Attorneys at Law, for Triangle Construction Company, Inc.

William M. Wilson, III, Attorney at Law, for AVR Davis Raleigh, LLC.

***ORDER***

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Plaintiff on the 18th of October 2018 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 Defendant, 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 30th of January 2019."

Upon consideration of the petition filed on the 18th of October 2018 by Plaintiff 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 30th of January 2019."
CERTIFICATION
PURSUANT TO18 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 The Small Business Company., a Delaware
corporation (the “Company”), on Form 10-QSB for the quarter ended December 31,
2008, as filed with the Securities and Exchange Commission on the date hereof
(the “Report”), I, David Larson, President, Chief Executive Officer, and
Director of the Company, certify, pursuant to 18 U.S.C. Section 1350, 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 result of operations of the Company.





Dated:
December 31, 2008





/s/ David
Larson


David
Larson, President, Chief Executive Officer, and Director
<page>			            EXHIBIT 32.01



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 Annual Report of Morgan Stanley Charter
Millburn L.P. (the ?Partnership?) on Form 10-K for the period
ended December 31, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the ?Report?), I, Jeffrey A.
Rothman, President, Demeter Management Corporation, the general
partner of the Partnership, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that, to the best of 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 Partnership.





By:	  /s/	Jeffrey A. Rothman

Name:		Jeffrey A. Rothman
Title:	President

Date:		March 31, 2005
Exhibit 99



CERTIFICATION OF PRINCIPAL EXECUTIVE
OFFICER AND

PRINCIPAL FINANCIAL OFFICER PURSUANT TO

18 U.S.C. 1350



In connection with the Form 10-K (the Report) of Anthony & Sylvan Pools Corporation (the Company) for the period ending December 31, 2002, I, Stuart D. Neidus, Chairman and
Chief Executive Officer of the Company, certify 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/    Stuart D. Neidus                              
|Stuart D. Neidus Chairman and Chief Executive Officer



Dated: March 28, 2002





In connection with the Form 10-K (the Report) of Anthony & Sylvan Pools Corporation (the Company) for the period ending December 31, 2002, I, William J. Evanson, Executive
Vice President and Chief Financial Officer of the Company, certify 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/    William J. Evanson                                              
|William J. Evanson Executive Vice President and Chief Financial Officer



Dated: March 28, 2002
RUSSELL ROY SMITH,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

___________________________/

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D14-5644

Opinion filed January 6, 2015.

Petition Alleging Ineffective Assistance of Appellate Counsel -- Original 

Jurisdiction.

Russell Roy Smith, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied on 

the merits.

ROBERTS, RAY, and MAKAR, JJ., CONCUR.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

# AGENCY:

Department of Commerce.

# ACTION:

Notice of membership on the Office of the Secretary Performance Review Board.

# SUMMARY:

In accordance with 5 U.S.C. 4314(c)(4), DOC announces the appointment of persons to serve as members of the Office of the Secretary (OS) Performance Review Board (PRB). The OS/PRB is responsible for reviewing performance appraisals and ratings of Senior Executive Service (SES) members. The appointment of these members to the OS/PRB will be for a period of 24 months.

# DATES:

The effective date of service of appointees to the Office of the Secretary Performance Review Board is upon publication of this notice.

# FOR FURTHER INFORMATION CONTACT:

Mary King, Director, Office of Executive Resources, Office of Human Resources Management, Office of the Director, 14th and Constitution Avenue, NW., Washington, DC 20230, (202) 482-3321.

# SUPPLEMENTARY INFORMATION:

The names, position titles, and type of appointment of the members of the OS/PRB are set forth below by organization:

## Department of Commerce, Office of the Secretary, 2005-2007, Performance Review Board Membership

### Office of the Secretary

                    Fred L. Schwien, Director, Executive Secretariat; David S. Bohigian, Deputy                           ( print page 59031)                        Director, Office of Policy and Strategic Planning; Richard Yamamoto, Director, Office of Security (Alternate).                

### Office of Assistant Secretary for Administration

Lisa Casias, Deputy Director for Financial Policy.

### Economic Development Administration

Mary Pleffner, Deputy Assistant Secretary for Management Services and CFO.

### National Oceanic and Atmospheric Administration

John E. Jones, Jr., Deputy Assistant Administrator for Weather Services.

Dated: October 5, 2005.

Mary King,

Director, Office of Executive Resources.

[FR Doc. 05-20348 Filed 10-7-05; 8:45 am]

BILLING CODE 3510-B5-M