alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


September 23, 2014


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust, NASDAQ International Dividend
Achievers Index Trust, Series 3


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for Smart Trust, NASDAQ International Dividend Achievers Index Trust, Series 3 set forth above (the
“Trust”). We enclosed a list of the Securities to be deposited in the Trust on the date hereof. The prices indicated
therein reflect our evaluation of such Securities as of close of business on September 23, 2014, in accordance with the valuation
method set forth in the Trust Indenture and Agreement. We consent to the reference to The Bank of New York Mellon as the party
performing the evaluations of the Trust Securities in the Registration Statement (No. 333-197995) filed with the Securities and
Exchange Commission with respect to the registration of the sale of the Trust Units and to the filing of this consent as an exhibit
thereto.


 


Very truly yours,


 


/s/ GERARDO CIPRIANO_______________ 


Gerardo Cipriano


Vice President
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

WILLIAM CORCORAN 

and VINCENT RIVERA,

Plaintiffs,

vs. Case No. 5:10cv303/RS/EMT

JOHN PALMER, et al.,

Defendants.

_____________________________/

REPORT AND RECOMMENDATION

This matter is before the court on Plaintiff Vincent Rivera’s notice of voluntary dismissal

of the instant civil rights case, filed pursuant to 42 U.S.C. § 1983, without prejudice (Doc. 9).

Rule 41(a)(1)(A)(i) provides that an action may be dismissed without an order of the court

by filing a notice of dismissal at any time before the adverse party serves an answer or files a motion

for summary judgment. Because Defendants have not yet been served in the instant case, it is clear

that Plaintiff is automatically entitled to a voluntary dismissal at this time.

Accordingly, it is respectfully RECOMMENDED:

1. That Plaintiff Vincent Rivera’s notice of voluntary dismissal (Doc. 9) be

GRANTED.

2. That this action be DISMISSED without prejudice as to Plaintiff Rivera.

At Pensacola, Florida, this 8th day of December 2010.

/s/ Elizabeth M. Timothy 

ELIZABETH M. TIMOTHY

UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations may be filed within

fourteen (14) days after being served a copy thereof. Any different deadline that may appear

on the electronic docket is for the court’s internal use only. A copy of objections shall be

served upon the magistrate judge and all other parties. Failure to object may limit the scope

of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d

698, 701 (11th Cir. 1988).

Case No.: 5:10cv303/RS/EMT
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               JUN-30-1999
<CASH>                                           8,160
<SECURITIES>                                         0
<RECEIVABLES>                                   11,912
<ALLOWANCES>                                     2,352
<INVENTORY>                                          0
<CURRENT-ASSETS>                                23,604
<PP&E>                                          24,075
<DEPRECIATION>                                   2,778
<TOTAL-ASSETS>                                  71,055
<CURRENT-LIABILITIES>                           16,162
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            17
<OTHER-SE>                                      38,341
<TOTAL-LIABILITY-AND-EQUITY>                    71,055
<SALES>                                         78,446
<TOTAL-REVENUES>                                78,446
<CGS>                                                0
<TOTAL-COSTS>                                  102,469
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 647
<INCOME-PRETAX>                               (24,192)
<INCOME-TAX>                                     (555)
<INCOME-CONTINUING>                           (23,637)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (23,637)
<EPS-BASIC>                                     (1.41)
<EPS-DILUTED>                                   (1.41)


</TABLE>
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

LLOYD ANTHONY WILLIAMS,

Petitioner,

vs. Case No. 4:11cv165-SPM/WCS

ERIC H. HOLDER, et al.,

Respondents.

 /

ORDER and REPORT AND RECOMMENDATION

The pro se Petitioner initiated this case by filing a petition for writ of habeas

corpus filed under 28 U.S.C. § 2241, doc. 1, and then an amended petition, doc. 5. 

Respondents filed an answer, doc. 13, to the amended petition asserting that Petitioner

is not the person he claims to be and is not a native and citizen of Canada, but is in

reality Kirkland Williams, a native and citizen of Jamaica, and has thwarted efforts to

remove him. Doc. 13, pp. 2-3. Petitioner was directed to file a reply to the answer, doc.

14, and after review of that reply, doc. 21, I determined that an evidentiary hearing

should be held to resolve the disputed facts. Counsel was appointed to represent

Petitioner and the hearing set for November 3, 2011. Docs. 26, 27. On this day,

Case 4:11-cv-00165-SPM-WCS Document 31 Filed 11/01/11 Page 1 of 2
Page 2 of 2

counsel has filed a notice stating that Petitioner has recently been deported and there is

no need for a hearing. Doc. 30. Accordingly, the hearing is cancelled and the petition

should be dismissed as moot.

Accordingly, it is ORDERED that the evidentiary hearing scheduled for November

3, 2011, is CANCELLED.

It is also RECOMMENDED that the amended petition for writ of habeas corpus

filed pursuant to 28 U.S.C. § 2241, doc. 5, be DISMISSED as moot because Petitioner

has already been released from detention, the relief requested in the amended petition. 

IN CHAMBERS at Tallahassee, Florida, on November 1, 2011.

 S/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR.

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 14 days after being served with a copy of this report and

recommendation. A party may respond to another party's objections within 14 days

after being served with a copy thereof. Failure to file specific objections limits the

scope of review of proposed factual findings and recommendations.

Case No. 4:11cv165-SPM/WCS

Case 4:11-cv-00165-SPM-WCS Document 31 Filed 11/01/11 Page 2 of 2
[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Notices]
[Pages 7077-7078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-663]


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

DEPARTMENT OF THE INTERIOR

National Park Service


Concession Contracts and Permits

AGENCY: National Park Service, Interior.

ACTION: Public notice.

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

SUMMARY: Pursuant to 36 CFR 51.23, public notice is hereby given that 
the National Park Service proposes to extend the following expiring 
concession contracts for a period of up to 1 year, or until such time 
as a new contract is executed, whichever occurs sooner.

SUPPLEMENTARY INFORMATION: All of the listed concession authorizations 
will expire by their terms on or before December 31, 2006. The National 
Park Service has determined that the proposed short-term extensions are

[[Page 7078]]

necessary in order to avoid interruption of visitor services and has 
taken all reasonable and appropriate steps to consider alternatives to 
avoid such interruption. These extensions will allow the National Park 
Service to complete and issue prospectuses leading to the competitive 
selection of concessioners for new long-term concession contracts 
covering these operations.

------------------------------------------------------------------------
      Conc ID No.           Concessioner name              Park
------------------------------------------------------------------------
HOSP002-94.............  Buckstaff Bath House     Hot Springs National
                          Company.                 Park.
VOYA002-96.............  Kettle Falls Hotel.....  Voyageurs National
                                                   Park.
------------------------------------------------------------------------


DATES: Effective Date: January 1, 2007.

FOR FURTHER INFORMATION CONTACT: Jo A. Pendry, Concession Program 
Manager, National Park Service, Washington, DC 20240, Telephone 202/
513-7156.

    Dated: December 16, 2006.
John Wessels,
Acting Assistant Director, Business Services.
[FR Doc. 07-663 Filed 2-13-07; 8:45 am]
BILLING CODE 4312-53-M
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

ANTHONY J. FAILS,

Plaintiff,

Case No.: 3:10cv400/MCR/EMT

C. GREEN, WARDEN

Defendant.

_____________________________/

REPORT AND RECOMMENDATION

This matter is before the court on Plaintiff’s motion to dismiss the instant civil rights case,

filed pursuant to 42 U.S.C. § 1983, without prejudice (Doc. 4).

Rule 41(a)(1)(A)(i) provides that an action may be dismissed without an order of the court

by filing a notice of dismissal at any time before the adverse party serves an answer or files a motion

for summary judgment. Because Defendant has not yet been served in the instant case, it is clear

that Plaintiff is automatically entitled to a voluntary dismissal at this time.

Accordingly, it is respectfully RECOMMENDED:

That Plaintiff’s motion to dismiss (Doc. 4) be GRANTED and this case be DISMISSED

without prejudice.

At Pensacola, Florida, this 28th day of October 2010.

/s/ Elizabeth M. Timothy 

ELIZABETH M. TIMOTHY

UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations may be filed within

fourteen (14) days after being served a copy thereof. Any different deadline that may appear

on the electronic docket is for the court’s internal use only. A copy of objections shall be

served upon the magistrate judge and all other parties. Failure to object may limit the scope

of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d

698, 701 (11th Cir. 1988).

Case No.: 3:10cv400/MCR/EMT
# Cancer Control Month, 2008

During Cancer Control Month, we honor cancer victims and survivors, raise awareness of the impact cancer has on our citizens, and underscore our commitment to battling this deadly disease. 

Cancer is the second-leading cause of death in the United States, and we remain committed to making the medical advances necessary to prevent and treat this disease. Scientists and medical professionals have made great progress in developing innovative treatments, improving diagnostic tools, and increasing our understanding of cancer. These advances have helped people with cancer live longer, healthier lives. 

All Americans can reduce their risk of developing cancer by following healthy eating habits, exercising regularly, avoiding tobacco and excessive use of alcohol, and controlling their weight. By scheduling regular physicals, getting preventive health screenings, and being aware of their family history, individuals who do develop cancer can increase the likelihood that it will be discovered at an earlier and more treatable stage. I encourage all our citizens to talk to their doctors and learn more about preventive measures that can save lives. 

My Administration remains dedicated to finding a cure for cancer. Since 2005, the Cancer Genome Atlas has played a role in advancing cancer research, and it is helping scientists learn more about the genetic sources of cancer. We continue to support the innovative advances needed to bring hope to those affected, and we will continue to fight cancer. 

As we observe Cancer Control Month, we honor cancer survivors for their determination, courage, and strength, and we remember those who lost their valiant fight against cancer. Their stories are an inspiration to all Americans. We also recognize medical professionals, researchers, family members, and friends who help support cancer patients. Their efforts improve the quality of life for those suffering from cancer, and their compassion embodies the true spirit of our Nation. 

The Congress of the United States, by joint resolution approved March 28, 1938 (52 Stat. 148; 36 U.S.C. 103), as amended, has requested the President to issue an annual proclamation declaring April as “Cancer Control Month.” 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim April 2008 as Cancer Control Month. I encourage citizens, government agencies, private businesses, nonprofit organizations, and other interested groups to join in activities that raise awareness about how all Americans can prevent and control cancer. 

IN WITNESS WHEREOF, I have hereunto set my hand this first day of April, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-second. 

[FR Doc. 08-1098

Billing code 3195-01-P
**Exhibit 32.2**

** **

**CERTIFICATION**

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

 

 

I, Chene Gardner, Principal Financial and AccountingOfficer of Alto Group Holdings, Inc. (the “Company”) certify that:

 

1. I have reviewed the quarterly report on Form10-Q of the Company;

 

2. Based on my knowledge, this annual 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 covered by thisannual report; and

 

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

 

Date: October 20, 2011

 

/s/ Chene Gardner	

Chene Gardner

Principal Financial and Accounting Officer
Proclamation 8264 of May 30, 2008

# Black Music Month, 2008

America's diverse musical heritage exemplifies the creativity and optimism of our Nation. During Black Music Month, we celebrate the extraordinary talents and creativity of African-American singers, musicians, and composers whose achievements have enriched our culture and enhanced our lives.

For generations, African-American artists have created music that communicates across racial boundaries and expresses both joy and sorrow. When facing the cruelty of slavery and injustice, African Americans lifted spirituals to the heavens, bringing comfort to troubled souls. These timeless declarations of hope and faith evolved into the more modern genres of gospel, blues, ragtime, and jazz, and they are given voice in the musical genius of Scott Joplin, Marian Anderson, Eubie Blake, and Mahalia Jackson. During the Civil Rights era, African-American musicians such as Duke Ellington, Muddy Waters, and Ruth Brown conveyed the struggles of their communities while bringing people of all backgrounds together. Today, this music continues to inspire America's citizens and advance its creative spirit.

Throughout the course of American history, black musicians have used their great talents to share the richness of the African-American experience and to develop a uniquely American style of music enjoyed throughout the world. This month, we honor the pioneers of African-American music and today's contemporary artists who have enriched the lives of people everywhere.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim June 2008 as Black Music Month. I encourage all Americans to learn more about the history of black music and to enjoy the great contributions of African-American singers, musicians, and composers.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of May, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-second.



[FR Doc. 08-1322 Billing code 3195-01-P
AGENDA 

Advisory Board on Radiation and Worker Health 

Work Group on Worker Outreach

Cincinnati Airport Marriott 

2395 Progress Dr. 

Hebron, KY 41048 

859-586-0166 

Conference Call Number: 1-866-659-0537

Participant Pass Code: 9933701

June 16, 2009

9:30 a.m. ― 9:45 a.m. Welcome and Introductions 

9:45 a.m.― 10:30 a.m. Discussion of Worker Outreach Objectives including the elements of the worker 

outreach program 

10:30 a.m. ―11:30 a.m. Discuss the Mission Statement for the Worker Outreach Working Group 

11:30 a.m. ―1200 p.m. Discuss the path forward for the Working Group 

12:00 p.m. ―1:00 p.m. Lunch 

1:00 p.m. ―1:45 p.m. NIOSH status report on action items from 1/12/2009 meeting 

1:45 p.m. ―2:30 p.m. SC&A status report on action items from 1/12/2009 meeting 

2:30 p.m. ―3:30 p.m. Workers, worker representatives/advocate comments* 

3:30 p.m.― 3:45 p.m. Break 

3:45 p.m.― 4:30 p.m. Define the role of the Board, the Working Group, and contractor in the NIOSH 

worker outreach program 

4:30 p.m. ―5:00 p.m. Action items and assignments 

5:00 p.m. Adjourn 

*Time approximate and includes discussion
1 

IN THE UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF FLORIDA 

PANAMA CITY DIVISION 

TERRY L. ROBINSON, 

 Petitioner, 

v. CASE NO. 5:11-cv-99-MW/GRJ 

PAIGE A. AUGUSTIN, 

Warden, FCI Marianna, 

 Respondent. 

*************************** 

ORDER ACCEPTING AND ADOPTING REPORT AND 

RECOMMENDATION

 The Court has considered the Magistrate’s Report and Recommendation, 

ECF No.28, filed July 17, 2013. Upon consideration, 

 IT IS ORDERED: 

 The report and recommendation is accepted and adopted as the Court’s 

opinion. The Clerk shall enter judgment stating, “This cause is DISMISSED 

WITHOUT PREJUDICE for Petitioner’s failure to prosecute.” 

 The Court would note that Petitioner has been released from custody and has 

failed to keep the Court informed of his location as evidenced by returned mail to 

the Clerk. 
2 

 The Clerk shall close the file. 

SO ORDERED on August 13, 2013. 

 s/Mark E. Walker 

 United States District Judge
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-2296

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROBERT I. REAMER,

Defendant - Appellant.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA98-2626-CCB)

Submitted: February 24, 2000 Decided: March 1, 2000

Before MOTZ and KING, Circuit Judges, and BUTZNER, Senior Circuit

Judge.

Affirmed by unpublished per curiam opinion.

Robert I. Reamer, Appellant Pro Se. William Sears Estabrook, III,

Marion Elizabeth Erickson, Teresa Thomas Milton, UNITED STATES

DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
1 In this court, Reamer seeks to present additional evidence

and arguments that were not presented to the district court. This

court cannot consider materials outside the record, see First Nat’l

Bank v. Fockler, 649 F.2d 213, 215-16 (4th Cir. 1981), and

ordinarily does not consider issues raised for the first time on

appeal. See Grossman v. Commissioner, 182 F.3d 275, 281 (4th Cir.

1999). Therefore, we decline to consider the extraneous evidence

and issues.

2 Although the district court’s order is marked as “filed” on

June 30, 1999, the district court’s records show that it was

entered on the docket sheet on July 1, 1999. Pursuant to Rules 58

and 79(a) of the Federal Rules of Civil Procedure, it is the date

the order was entered on the docket sheet that we take as the

effective date of the district court’s decision. See Wilson v.

Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986).

2

PER CURIAM:

Robert Reamer appeals from the district court’s order granting

the government’s motion for summary judgment and reducing to judgment the assessed tax liability against Reamer for the tax years

1981, 1982, and 1983. We have reviewed the record1 and the district court’s opinion and find no reversible error. Accordingly,

we affirm on the reasoning of the district court. See United

States v. Reamer, No. CA-98-2626-CCB (D. Md. July 1, 1999).2 We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

CHRISTOPHER JAY TAYLOR,

Plaintiff,

v. Case No. 3:11cv199/MCR/CJK

KENNETH S. TUCKER, et al.,

Defendants.

___________________________/

ORDER

This cause comes on for consideration upon the magistrate judge’s Report and

Recommendation dated January 17, 2012 (doc. 23). Plaintiff has been furnished a copy

of the Report and Recommendation and has been afforded an opportunity to file objections

pursuant to Title 28, United States Code, Section 636(b)(1). None have been filed.

Having considered the Report and Recommendation, I have determined that the

Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's report and recommendation is adopted and

incorporated by reference in this order.

2. This cause is DISMISSED WITHOUT PREJUDICE for plaintiff’s failure to

prosecute and failure to comply with orders of the court.

3. The clerk is directed to close the file.

DONE AND ORDERED this 19th day of February, 2012.

s/ M. Casey Rodgers 

M. CASEY RODGERS

CHIEF UNITED STATES DISTRICT JUDGE

Case 3:11-cv-00199-MCR-CJK Document 24 Filed 02/19/12 Page 1 of 1
[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Notices]
[Page 21322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1162]


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

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meetings

Time and Date: 11 a.m., Friday, May 2, 2008.

Place: 1155 21st St., NW., Washington, DC, 9th Floor Commission 
Conference Room.

Status: Closed.

Matters to be Considered: Surveillance Matters.

Contact Person for More Information: Sauntia S. Warfield, 202-418-5084.

David A. Stawick,
Secretary of the Commission.
[FR Doc. 08-1162 Filed 4-16-08; 4:02 pm]
BILLING CODE 6351-01-P