alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Settlement Agreement



 Exhibit 10.1 
 UNITED STATES DISTRICT COURT 
 FOR THE EASTERN DISTRICT OF WISCONSIN 
 625 MILWAUKEE, LLC and 
 AVIAD INVESTMENTS, INC., 

Plaintiffs, 
  

			
	V.	  	Case No. 06-C-727
		  	Hon. Charles N. Clevert, Jr.

 SWITCH & DATA FACILITIES COMPANY, 
 LLC and SWITCH & DATA FACILITIES 
 COMPANY, INC. 
 Defendants. 
 __________________________________/

 SETTLEMENT AGREEMENT 
 The parties agree: 
 1. The above-captioned case shall be dismissed with prejudice, each party to bear its
own costs and attorney fees. Each side agrees to pay equally its share of the mediation fee. 
 2. Within 20 days hereof Defendants
Switch & Data Facilities Company, LLC and Switch & Data Facilities Company, Inc. shall pay to the Trust Account of Modesett Williams, PLLC, counsel for Plaintiffs 625 Milwaukee, LLC and Aviad Investments, Inc. the total amount of
$850,000.00. Prior to the disbursement of the funds from the Trust Account, Plaintiffs will execute and deliver to Defendants’ counsel an appropriate general release from the named Plaintiffs in a form reasonably satisfactory to the parties.
Defendants’ counsel will undertake the first draft of the release and dismissal documents. Plaintiffs agree to keep confidential the amount and terms of settlement and not to publicize same beyond the control group of the two Plaintiffs.








 Done May 4, 2009 in Tampa, Florida. 
  

	
	 /s/ Peter J. Grilli

	Peter J. Grilli, Esquire
	Florida Bar No. 237851
	Mediator
	Peter J. Grilli, P.A.
	3001 West Azeele St.
	Tampa, Florida 33609
	813.874.1002        FAX: 813.874.1131


  

	
	 /s/ Reuben Taub

	Representative for Plaintiff 625 Milwaukee, LLC and Aviad Investments, Inc.
	
	 /s/ Walter Williams

	Counsel for Plaintiffs
	
	 /s/ John Thomas

	Counsel for Plaintiffs
	
	 /s/ Clay Mynard

	Representative for Defendants Switch & Data Facilities Company,
	LLC and Switch and Data Facilities Company, Inc.
	
	 /s/ Peter J. Stone

	Counsel for Defendants Switch & Data Facilities Company, LLC
**EXHIBIT
      32.2**




**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 quarterly report of B&D Food Corp. (the “Company”) on
      Form 10-QSB for the period ended June 30, 2008, as filed with the
      Securities and Exchange Commission on August 13, 2008 (the “Report”), I, Daniel
      Ollech, Chief Financial Officer 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, as amended; and




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




By:
            /s/
                Daniel Ollech**Daniel
                Ollech**
              **Chief
                Financial Officer**




August
      13, 2008
EXHIBIT 32

CERTIFICATION

Each of the undersigned hereby certifies in his capacity as an officer of Spartan Motors, Inc. (the "Company"), pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350 that:

| | 1. | The Quarterly Report on Form 10-Q of the Company for the three month period ended March 31, 2009 (the "Report") fully complies with the requirements of Section 13(a) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m); and
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |    |                                                                                                                                                                                                                                      
| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition at the end of such period and results of operations of the Company for such period.                                       

|Dated:  May 8, 2009 | /s/ John E. Sztykiel                                           
|------------------- | ---------------------------------------------------------------
|                    | John E. Sztykiel
President and Chief Executive Officer         
|                    |                                                                
|                    |                                                                
|                    |                                                                
|Dated:  May 8, 2009 | /s/ James W. Knapp                                             
|                    | James W. Knapp
Chief Financial Officer, Secretary and Treasurer
Exhibit 32.1

**CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICERPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

The undersigned, being the Chairman of Kinetek, Inc., an Illinois corporation(the “Registrant”), hereby certifies that the Annual Report on Form 10-K (the“Annual Report”) of the Registrant for the year ended December 31, 2004, whichaccompanies this certification, fully complies with the requirements of Section13(a) of the Securities Exchange Act of 1934 (15 U.S.C. §78m (a)) and that theinformation contained in the Annual Report fairly presents, in all materialrespects, the financial condition and results of operations of the Registrant.

Date: November 23, 2005

  /s/ Thomas H. Quinn        Thomas H. QuinnChairman
<PAGE>

EXHIBIT 32.1

                            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 Quarterly Report of First Franklin Corporation (the
"Company") on Form 10-QSB for the period ending September 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Thomas H. Siemers, the President and Chief Executive Officer 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.

/s/ Thomas H. Siemers
------------------------------------
Thomas H.Siemers
President and Chief Executive Officer
November 12, 2004

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

                                                                              19
[Cite as In re the Estate of Bond, 2017-Ohio-9076.]

STATE OF OHIO ) IN THE COURT OF APPEALS 

 )ss: NINTH JUDICIAL DISTRICT 

COUNTY OF WAYNE ) 

IN RE THE ESTATE OF 

MILDRED BOND 

 

 

 

C.A. No. 16AP0063 

APPEAL FROM JUDGMENT 

ENTERED IN THE 

COURT OF COMMON PLEAS 

COUNTY OF WAYNE, OHIO 

CASE No. 2016 PB-V 000367 

DECISION AND JOURNAL ENTRY 

Dated: December 18, 2017 

 

TEODOSIO, Judge. 

{¶1} Jonnie Bond appeals the order of the Wayne County Court of Common Pleas, 

Probate Division, entered on September 2, 2016, granting Amanda K. Slyder’s application to 

administer the estate of Mildred Bond. We dismiss this attempted appeal for lack of jurisdiction. 

{¶2} This Court is obligated to raise sua sponte questions related to our jurisdiction. 

Whitaker-Merrell Co. v. Geupel Constr. Co., Inc., 29 Ohio St.2d 184, 186 (1972). We only have 

jurisdiction to hear appeals from final judgments. Ohio Constitution, Article IV, Section 

3(B)(2); R.C. 2501.02. In the absence of a final, appealable order, this Court must dismiss the 

appeal for lack of subject matter jurisdiction. Lava Landscaping, Inc. v. Rayco Mfg., Inc., 9th 

Dist. Medina No. 2930-M, 2000 Ohio App. LEXIS 176, *1 (Jan. 26, 2000). 

{¶3} We have previously determined that an order appointing an administrator of an 

estate is not a final and appealable order. In re Estate of Thomas, 9th Dist. Summit No. 27177, 

2014-Ohio-3481, ¶ 9. See also In re Estate of Griffa, 9th Dist. Summit No. 25987, 2012-Ohio-
2 

 

904, ¶ 9-10. Because appellant is challenging the trial court’s order granting Ms. Slyder’s 

application to administer the estate, we conclude that we are without jurisdiction to consider the 

appeal. 

{¶4} The appeal is dismissed for lack of jurisdiction. 

Appeal dismissed. 

 

 Immediately upon the filing hereof, this document shall constitute the journal entry of 

judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the 

period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is 

instructed to mail a notice of entry of this judgment to the parties and to make a notation of the 

mailing in the docket, pursuant to App.R. 30. 

 Costs taxed to Appellant. 

 

 THOMAS A. TEODOSIO 

 FOR THE COURT 

SCHAFER, P. J. 

CARR, J. 

CONCUR. 

APPEARANCES: 

JOHN C. OBERHOLTZER, Attorney at Law, for Appellant. 

ROBERT J. REYNOLDS, Attorney at Law, for Appellee.
EXHIBIT 11(a)
<TABLE>
<CAPTION>
STATEMENT 11. RE: Computation of Per Share Earnings
==========================================================================================================================
                                                                       Three Months Ended              Nine Months Ended
                                                                   September 30,                           September 30,
(Amounts in thousands except per share data)                           1997          1996            1997           1996
==========================================================================================================================
<S>                                                                <C>           <C>             <C>            <C>   
PRIMARY EARNINGS:                                   
Average shares outstanding                                           16,177        15,398          15,854         14,859
Net effect of dilutive stock options, and
     warrants based on the modified
     treasury stock method using average market price                   728           880             820            901
Total weighted average number of shares outstanding                  16,905        16,278          16,674         15,760
Net income                                                           $1,822        $1,441          $2,318         $4,741
Deduct preferred dividends                                            (181)         (200)           (543)          (703)
Net income available to common shareholders                          $1,641        $1,241          $1,775         $4,038
Earnings per share                                                     $.10          $.08            $.11           $.26
========================================================= ================= =============  ==============  =============
<FN>
Note:    Fully diluted earnings per share is not presented becuase it is the same as primary earnings per share.
</FN>
</TABLE>
<PAGE>   1
                                                                   EXHIBIT 10.42


                               JEFFREY T. ARNOLD
                                  WebMD, Inc.
                             400 The Lenox Building
                            3399 Peachtree Road, NE
                               Atlanta, GA 30326


                                  May 20, 1999


WebMD, Inc.                                            Healtheon Corporation
400 The Lenox Building                                 4600 Patrick Henrey Road
3399 Peachtree Road, NE                                Santa Clara, CA 95054
Atlanta, GA 30326


Ladies and Gentlemen:

          Reference is hereby made to the Agreement and Plan of Reorganization
by and among Healtheon Corporation, Water Acquisition Corp. and WebMD, Inc.,
dated as of the date hereof (the "Merger Agreement") and to the Employment
Agreement by and between WebMD, Inc. and mo. dated as of September 30, 1998
(the "Employment Agreement"). Capitalized terms used herein which are not
defined herein shall have their respective meanings set forth in the Employment
Agreement. This letter is to confirm that, subject to the terms and conditions
set forth below, I hereby waive the acceleration of vesting and exercisability
of my Options granted pursuant to the Employment Agreement which occur upon the
consummation of the transactions contemplated by the Merger Agreement (the
"Merger"). Notwithstanding the foregoing, if at any time following such Merger,
I am terminated other than for Cause, including, without limitation, if I am
terminated in a Constructive Termination, then all of my Options granted
pursuant to the Employment Agreement shall immediately vest and become fully
exercisable on the date of such termination.


          With respect to the Offer to Purchase, I hereby confirm that I will
mutually agree with W. Michael Long with respect to the number of shares of
Series F Preferred Stock that I may tender to Microsoft.


                                        Very truly yours,


                                        /s/ Jeffrey T. Arnold
                                        ---------------------------------------
                                            Jeffrey T. Arnold


ACKNOWLEDGED AND AGREED:

<TABLE>
<S>                                     <C>
WEBMD, INC.                             HEALTHEON CORPORATION

By:  /s/ W. Michael Heekin              By:  /s/ Jack Dennison
   -----------------------------------       -----------------------------------
   Name: W. Michael Heekin                   Name: Jack Dennison
   Title: Executive Vice President           Title: Vice President

Date: May 20, 1999                      Date: May 20, 1999
</TABLE>
Electronically Filed Intermediate Court of Appeals CAAP-17-0000073 24-JAN-2018 01:17 PM
EXHIBIT 32.2**Certification**     Pursuant to 18 U.S.C. § 1350, the undersigned officer of Bowater Incorporated (the “Company”),hereby certifies, to such officer’s knowledge, that the Company’s quarterly report on Form 10-Q forthe quarter ended March 31, 2007 (the “Report”) fully complies with the requirements of Section13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the informationcontained in the Report fairly presents, in all material respects, the financial condition andresults of operations of the Company.   Dated: May 8, 2007 /s/ William G. Harvey     Name: William G. Harvey
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20

- 6956

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v.
MARSHAWN M. TAYLOR , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of Virginia , at Richmond

. Henry E. Hudson, Senior District Judge. ( 3:05

- cr - 00494

- HEH

- 2 )

Submitted : May 20, 2021 Decided: May 24, 2021

Before WILKINSON, NIEMEYER, and MOTZ , Circuit Judges.

Affirmed by un published per curiam opinion

.
Marshawn M. Taylor, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Marshawn M. Taylor appeals the district court’s order denying his motio n seeking
a sentence modification under § 404(b) of the First Step Act of 2018, Pub. L. No. 115

- 391,
132 Stat. 5194. We have reviewed the record and find no reversible error. Accordingly,

we deny Taylor’s motion to appoint counsel and affirm the district court’s order

. 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
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                    3-MOS                   YEAR
<FISCAL-YEAR-END>               DEC-31-1997             DEC-31-1997
<PERIOD-END>                    SEP-30-1997             DEC-31-1997
<CASH>                               426436                 0                                
<SECURITIES>                              0                 0
<RECEIVABLES>                             0                 0
<ALLOWANCES>                              0                 0
<INVENTORY>                               0                 0
<CURRENT-ASSETS>                          0                 0
<PP&E>                              9399638                 0
<DEPRECIATION>                      5895176                 0
<TOTAL-ASSETS>                      4280446                 0                
<CURRENT-LIABILITIES>                     0                 0
<BONDS>                                   0                 0
<COMMON>                                  0                 0
<PREFERRED-MANDATORY>                     0                 0
<PREFERRED>                               0                 0
<OTHER-SE>                                0                 0
<TOTAL-LIABILITY-AND-EQUITY>        4280446                 0
<SALES>                             1267821                 0
<TOTAL-REVENUES>                    1273012                 0
<CGS>                                     0                 0
<TOTAL-COSTS>                             0                 0
<OTHER-EXPENSES>                          0                 0
<LOSS-PROVISION>                          0                 0
<INTEREST-EXPENSE>                        0                 0
<INCOME-PRETAX>                      416407                 0
<INCOME-TAX>                              0                 0
<INCOME-CONTINUING>                  416407                 0   
<DISCONTINUED>                            0                 0
<EXTRAORDINARY>                           0                 0
<CHANGES>                                 0                 0
<NET-INCOME>                         416407                 0
<EPS-PRIMARY>                             0                 0
<EPS-DILUTED>                             0                 0
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                    3-MOS                   YEAR
<FISCAL-YEAR-END>               DEC-31-1998             DEC-31-1998
<PERIOD-END>                    MAR-31-1998             DEC-31-1998
<CASH>                               396696                 0                                
<SECURITIES>                              0                 0
<RECEIVABLES>                             0                 0
<ALLOWANCES>                              0                 0
<INVENTORY>                               0                 0
<CURRENT-ASSETS>                          0                 0
<PP&E>                              9399638                 0
<DEPRECIATION>                      6129742                 0
<TOTAL-ASSETS>                      4003959                 0                
<CURRENT-LIABILITIES>                     0                 0
<BONDS>                                   0                 0
<COMMON>                                  0                 0
<PREFERRED-MANDATORY>                     0                 0
<PREFERRED>                               0                 0
<OTHER-SE>                                0                 0
<TOTAL-LIABILITY-AND-EQUITY>        4003959                 0
<SALES>                              447309                 0
<TOTAL-REVENUES>                     449145                 0
<CGS>                                     0                 0
<TOTAL-COSTS>                             0                 0
<OTHER-EXPENSES>                          0                 0
<LOSS-PROVISION>                          0                 0
<INTEREST-EXPENSE>                        0                 0
<INCOME-PRETAX>                      149317                 0
<INCOME-TAX>                              0                 0
<INCOME-CONTINUING>                  149317                 0   
<DISCONTINUED>                            0                 0
<EXTRAORDINARY>                           0                 0
<CHANGES>                                 0                 0
<NET-INCOME>                         149317                 0
<EPS-PRIMARY>                             0                 0
<EPS-DILUTED>                             0                 0
        

</TABLE>
K-2 DIGITAL, INC.                                                     EXHIBIT 31


                                  CERTIFICATION

     I, Gary W. Brown, certify that:

1.   I have reviewed this annual report on Form 10-KSB of K-2 Digital, Inc.;

2.   Based on my knowledge, this annual 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 annual report;

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 registrant as of, and for, the periods presented in this annual report;

4.   I am responsible for establishing and maintaining disclosure controls and
     procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
     registrant and I have:

     a)   designed such disclosure controls and procedures to ensure that
          material information relating to the registrant, including its
          consolidated subsidiaries, is made known to me by others within those
          entities, particularly during the period in which this annual report
          is being prepared;

     b)   evaluated the effectiveness of the registrant's disclosure controls
          and procedures and presented in this report my conclusions about the
          effectiveness of the disclosure controls and procedures, as of the
          end of the period covered by this report based on such evaluation;
          and

     c)   disclosed in this annual 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 material affect, the registrant's
          internal control over financial reporting; and

5.        I have disclosed, based on my most recent evaluation, to the
          registrant's auditors and the audit committee of 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 controls over financial reporting which are
          reasonably likely to adversely affect the registrant's ability to
          record, process, summarize and report financial information; and

     b)   any fraud, whether or not material, that involves
          management or other employees who have a significant role in the
          registrant's internal controls over financial reporting.

Date:  April 13, 2004

/s/  Gary W. Brown
------------------------------------------------------------------
     Gary W. Brown
     Chief Executive Officer
     And Chief Financial Officer
     (Principal Executive Officer and Principal Financial Officer)