alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

RICHARD ROY SCOTT,

 Plaintiff - Appellant,

 v.

KELLY CUNNINGHAM, Superintendent,

 Defendant - Appellee.

No. 12-35737

D.C. No. 3:11-cv-05509-BHS

MEMORANDUM*

Appeal from the United States District Court

for the Western District of Washington

Benjamin H. Settle, District Judge, Presiding

Submitted April 16, 2013** 

Before: CANBY, IKUTA, and WATFORD, Circuit Judges.

Richard Roy Scott appeals pro se from the district court’s order imposing

monetary sanctions and judgment dismissing his 42 U.S.C. § 1983 action with

prejudice for failure to comply with the sanctions order. We have jurisdiction

under 28 U.S.C. § 1291. We review for an abuse of discretion the district court’s

FILED

APR 23 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 12-35737

entry of monetary sanctions, Primus Auto. Fin. Servs., Inc. v. Batarse, 115 F.3d

644, 648 (9th Cir. 1997), and its sanction of dismissal of the case with prejudice, 

Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir. 1987). We affirm. 

The district court did not abuse its discretion in imposing monetary

sanctions because the record supports its conclusion that Scott knowingly filed

duplicative and frivolous motions. See Leon v. IDX Sys. Corp., 464 F.3d 951, 958

(9th Cir. 2006) (district court’s bad faith findings are reviewed for clear error);

Fink v. Gomez, 239 F.3d 989, 991 (9th Cir. 2001) (“[T]he district court has the

inherent authority to impose sanctions for bad faith, which includes a broad range

of willful improper conduct.”); Batarse, 115 F.3d at 649 (bad faith finding is

warranted where litigant “knowingly or recklessly raises a frivolous argument, or

argues a meritorious claim for the purpose of harassing an opponent” (citation and

internal quotation marks omitted)).

The district court did not abuse its discretion in sanctioning Scott by

dismissing his case with prejudice because the court warned Scott that failure to

comply with the sanctions order would result in dismissal, and Scott’s frivolous

and duplicative motions needlessly disrupted the litigation and burdened the court

and opposing counsel. See Leon, 464 F.3d at 961 (“[W]e do not disturb the district

court’s choice of sanction unless we have a definite and firm conviction that the
3 12-35737

district court committed a clear error of judgment[.]” (citation and internal

quotation marks omitted)); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir.

1991) (setting forth the factors for determining whether to dismiss for failure to

comply with a court order and finding no abuse of discretion where three of the

five factors weighed strongly in favor of dismissal).

We reject as unpersuasive Scott’s contentions regarding his motion for

voluntary dismissal, the signing of the dismissal order, and alleged judicial bias. 

AFFIRMED.
(logo) Long Beach Mortgage
                                             Company



                              OFFICERS CERTIFICATE
                         ANNUAL STATEMENT OF COMPLIANCE

                       MORTGAGE PASS-THROUGH CERTIFICATES
                        RESIDENTIAL MORTGAGE LOANS SERIES
                      1996-LBl, 1996-LB2, 1996-LB3, 1997-LBl


IN ACCORDANCE WITH THE APPROPRIATE SECTION OF THE ABOVE CAPTIONED POOLING AND 
SERVICING AGREEMENTS, I, PATRICIA L. WAYMAN, AND SHAWNA R. OGILVIE OF LONG 
BEACH MORTGAGE COMPANY, (THE "SERVICER") HEREBY CERTIFY:

(i) A REVIEW OF THE  ACTIVITIES OF THE SERVICER  DURING THE  PRECEDING  CALENDAR
YEAR,  AND OF  PERFORMANCE  UNDER  THESE  AGREEMENTS  HAVE BEEN  MADE  UNDER OUR
SUPERVISION.

(ii) TO THE  BEST OF OUR  KNOWLEDGE,  BASED ON SUCH  REVIEW,  THE  SERVICER  HAS
FULFILLED ALL ITS OBLIGATIONS UNDER THESE AGREEMENTS THROUGHOUT SUCH YEAR.

CERTIFIED THIS 18TH DAY OF MARCH, 1997.



BY: /s/ Patricia L. Wayman
        PATRICIA L. WAYMAN
        PRESIDENT


BY: /s/ Shawna R. Ogilvie
        SHAWNA R. OGILVIE
        VICE PRESIDENT

1068 TOWN & COUNTRY ROAD, ORANGE, CALIFORNIA 92868 (714) 543-5262     (logo)
                                                                   Equal Housing
                                                                       LENDER
Amendment to Engagement Letter with Placement Agent










EXHIBIT 10.3

December 18, 2015




STRICTLY CONFIDENTIAL




DS Healthcare Group, Inc.

1601 Green Road

Pompano Beach FL 33064

Attn:  Abner Silva




Dear Mr. Silva




Reference is made to the engagement letter (the “Engagement Letter”), dated December 16, 2015 by and between DS Healthcare Group, Inc. (the “Company”) and Rodman & Renshaw, a unit of H.C. Wainwright & Co., LLC (“Rodman”),.  Defined terms used herein but not defined herein shall have the meanings given to such terms in the Engagement Letter.




1.

The Company and Rodman hereby agree to amend and restate Section A.1 of the Engagement Letter as follows:




“Cash Fee.  The Company shall pay to Rodman a cash fee, or as to an underwritten Offering an underwriter discount, equal to 8% of the aggregate gross proceeds raised in each Offering from Exclusive Investors and investors whom Rodman had contacted during the Term, or introduced, directly or indirectly, to the Company during Term, provided, however, Rodman shall pay 30% of any such cash fee received from the Company under the aforementioned provision to Barrington Research Associates.” 




Except as expressly set forth above, all of the terms and conditions of the Engagement Letter shall continue in full force and effect after the execution of this agreement and shall not be in any way changed, modified or superseded by the terms set forth herein.




This agreement may be executed in two or more counterparts and by facsimile or “.pdf” signature or otherwise, and each of such counterparts shall be deemed an original and all of such counterparts together shall constitute one and the same agreement.













[Remainder of page intentionally left blank]















430 Park Avenue  |  New York, New York 10022  |  212.356.0500  |  www.hcwco.com

Member: FINRA/SIPC
























IN WITNESS WHEREOF, this agreement is executed as of the date first set forth above.







			
	 
	Very truly yours,


	 
	 
	 



	 
	RODMAN & RENSHAW, A UNIT OF 


	 
	H.C. WAINWRIGHT & CO., LLC


	 
	 
	 

	 
	 
	 



	 
	By 

	 



	 
	 
	Name: Mark Viklund




	 
	 
	Title: Chief Executive Officer







Accepted and Agreed:




DS HEALTHCARE GROUP, INC.







			
	By 

	 
	 



	    

	Name: Abner Silva

	 

	 
	Title: Chief Operating Officer

	 












[Signature Page to DSKX Engagement Letter Amendment]
EXHIBIT 32


CERTIFICATION PURSUANT TO SECTION 906

Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, I, the
undersigned officer of the Hightower Acquisition Corporation
(the "Company"), hereby certify to my knowledge that:

The Report on Form 10-Q for the period ended September 30,
2009 of the Company fully complies, in all material respects,
with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and the information contained in the
Report fairly represents, in all material respects, the
financial condition and results of operations of the Company.

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


                             /s/ James M. Cassidy
                                 President and Director and
                                 Chief Executivie Officer,
                                 Chief Financial Officer and
                                 Principal Accounting Officer
Date: November 12, 2009
EXHIBIT 31.1: Rule 13a-14(a) Certifications

 

I, John Delaney, certifythat:

 

1.  I have reviewed this quarterly report on Form 10-Qof Hamptons Extreme, Inc.; 

2.  Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

3.   Based on my knowledge, the financial statements,and other financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the small business issuer as of, and for, the periods presented in thisreport;

4.  The Small business issuer’s other certifyingofficers and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14)for the small business issuer and have:

 a)    Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision,  to ensure thatmaterial information relating to the small business issuer, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this  report is being prepared;

b)  Evaluated theeffectiveness of the small business issuer’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and 

c)  Disclosed in this report any change in the small business issuer’s internalcontrols over financial reporting that occurred during the small businessissuer’s most recent fiscal quarter (the small business issuer’s second fiscalquarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the small business issuer’s internalcontrol over financial reporting; and

5.  The issuer’s other certifying officers and I havedisclosed, based on our most recent evaluation of internal controls overfinancial reporting, to the small business issuer’s auditors and the auditcommittee of the issuer’s board of directors (or persons performing theequivalent functions):

a)  All significant deficiencies and materialweaknesses in the design or operation of internal controls over financialreporting which are reasonably likely to adversely affect the small businessissuer’s ability to record, process, summarize and report financialinformation; and 

b)  Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the small businessissuer’s internal controls over financial reporting.  

Date: December 22, 2008            /s/ John Delaney

                                                   John Delaney, Chief Executive Officer
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 7261** 

BENJAMIN K. QUARMON , Plaintiff

– Appellant ,
v. JEFFREY DILLMAN, Warden , Defendant

- Appellee
.

Appeal from the United States District Court for the Eastern District of Virginia , at Norfolk
. Mark S. Davis , District Judge. ( 2:15

- cv - 00210

- MSD

- TEM )

Submitted : November 19, 2015 Decided: November 24, 2015

Before NIEMEYER, KING, and HARRIS , Circu it Judges.

Dismissed by un published per curiam opinion
. Benjamin K. Quarmon, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Benjamin K. Quarmon seeks to appeal the district court’s order dismissing without prejudice his 42 U.S.C. § 1983 (2012) civil rights action . This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders , 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541, 545

- 4 7 (1949). Because the deficiencies identified by the district court may be remedied by the filing of an amended complaint, we conclude that the ord er Quarmon seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Domino Sugar Corp. v. Sugar Workers Local Union 392 , 10 F.3d 1064, 1066

- 67 (4th Cir. 1993). Accordingly, we dismiss the appeal for lack of jurisdictio n. 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.

DISMISSED
EXHIBIT 31.1
 CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 302 OF
THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Home Federal Holdings Corporation;2.
    
    Based on my knowledge, this quarterly 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 quarterly report;3.
    
    Based on my knowledge, the financial statements, and other financial 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 Companys other certifying officer 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 we 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 is made known to us by others within this entity, 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;
andc)
    
    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.
 5.
    
    The Companys other certifying officer 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;
andb)
    
    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.
  /s/ Robert B. WiseRobert B. Wise
Prepared by R.R. Donnelley Financial -- EX-4.16.2




 Exhibit 4.16.2 
  

					
		  		  	




		  		  	 Level 7, 151 Macquarie Street

Sydney
 NSW 2000

Australia


 Ms Deanne Miller 
 General
Counsel & Company Secretary 
 Prima BioMed Limited 

30 July 2014 
 Dear Deanne 

Variation to Executive Employment Agreement dated 13 October 2012 (“Agreement”) and Variation Letter dated 

Further to our recent discussions, Prima BioMed Limited (“Prima”) agrees to vary your Agreement as set out in the attached Schedule. 

This variation is effective from Friday 1 August 2014. Your new Remuneration will start being paid to you from the next payroll run, with any back pay
backdated to 1 August 2014 paid on this day as well. 
 All other terms and conditions of your Agreement remain the same. 

Please indicate your acceptance of this variation by signing (in duplicate) this letter and returning one executed copy to me. 

Prima looks forward to your ongoing assistance. 
 Yours
faithfully, 
  

	
	 /s/ Marc Voigt

	Marc Voigt
	Chief Executive Officer
	Prima BioMed Ltd

 I accept the variation to the Agreement 
  

	
	 /s/ Deanne Miller

	Deanne Miller









 Schedule 

Agreed amendments to Agreement: 
  

			
	 Clause
	 	 Agreed Amendment

		
	5(a)	 	Replace “$160,000” with $180,000
EXHIBIT 99.6
                                                                   ------------



          CERTIFICATION REQUIRED BY 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 annual report of ARC Energy Trust ("ARC") on Form 40-F
for the fiscal year ending  December 31, 2006 as filed with the  Securities and
Exchange  Commission on the date hereof (the  "Report"),  I, John P.  Dielwart,
President and Chief Executive  Officer of ARC,  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 sections 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 ARC.



/s/ John P. Dielwart
---------------------------------
Name:  John P. Dielwart
Title: President and Chief Executive Officer


March 28, 2007
I 

115TH CONGRESS 

2D SESSION H. R. 6100 

To terminate the Denali Commission, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2018 

Mr. NORMAN introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To terminate the Denali Commission, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Eliminate the Commis5 sion to Nowhere Act of 2018’’. 

6 SEC. 2. TERMINATION OF DENALI COMMISSION. 

7 (a) TERMINATION.—The Denali Commission is ter8 minated. 

9 (b) TRANSFERS.—The authority of any Federal de10 partment or agency to transfer funds to the Denali Com11 mission shall cease to be effective. 

12 (c) REPEALS.— 


SSpencer on DSKBBXCHB2PROD with BILLS
2 

•HR 6100 IH

1 (1) The Denali Commission Act of 1998 (42 

2 U.S.C. 3121 note) is repealed. 

3 (2) Section 329(b) of division A of Public Law 

4 105–277 (112 Stat. 2681–470(b)) is repealed. 

5 (d) CONCLUSION OF BUSINESS.—The Secretary of 

6 Commerce shall take such actions as may be necessary 

7 and appropriate to conclude the outstanding affairs of the 

8 Denali Commission, including dispositions of personnel, 

9 assets, and obligations. 

10 (e) LIMITATION ON STATUTORY CONSTRUCTION.— 

11 This section may not be construed to prevent the expendi12 ture of any funds received before the effective date of this 

13 Act. Such funds shall be subject to the laws and regula14 tions that would have applied to the funds if this section 

15 had not been enacted. 

16 SEC. 3. EFFECTIVE DATE. 

17 This Act shall take effect on the first day of the first 

18 fiscal year beginning after the date of enactment of this 

19 Act. 

Æ 


SSpencer on DSKBBXCHB2PROD with BILLS
Exhibit 13.1





CERTIFICATION OF THE 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 annual report of BluePhoenix Solutions Ltd. (the “Company”) on Form 20-F for the period ending December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Arie Kilman, Chief Executive Officer of the Company, 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 Section 13(a) or 15(d), as applicable, 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.




Date: March 31, 2011
/s/ Arie KilmanArie KilmanChief Executive Officer(Principal Executive Officer)
Exhibit 31.1**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**I, Max W. Hillman, Chief Executive Officer, certify that: 1. I have reviewed this annual report on Form 10-K/A of The Hillman Companies, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded 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 periodspresented in this report;  4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15eand 15d-15e) for the registrant and we have: a) designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  b) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and  c) disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recent fiscalquarter (the registrant’s fourth fiscal quarter in the case of an annual report) thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and 5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of registrant’s board of directors (or persons performingthe equivalent functions): a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and  b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.        Date: March 28, 2006 /s/ Max W. Hillman   Max W. Hillman   Chief Executive Officer