alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

The Honorable William R. Wilson, Jr., United States District Judge for the

Eastern District of Arkansas. 

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 03-2261

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the Eastern

* District of Arkansas.

Seven Firearms and Ammunition; *

* [UNPUBLISHED]

Defendant, *

*

Tammy Wilson, *

*

Appellant. *

___________

Submitted: January 7, 2004

Filed: November 24, 2004

___________

Before BYE, BOWMAN, and MELLOY, Circuit Judges.

___________

PER CURIAM.

Appellant Tammy Wilson challenges the district court’s1

 adverse grant of

summary judgment, and the denial of her cross-motion for summary judgment, in this

18 U.S.C. § 924(d)(1) action to forfeit and condemn seven firearms and various
-2-

ammunition (defendant property) for violations of 18 U.S.C. § 922(g)(1) (unlawful

for felon to possess firearms or ammunition). We affirm. 

Contrary to Wilson’s arguments, the district court had jurisdiction over this

action, see 28 U.S.C. §§ 1355(a) (district courts have original jurisdiction over action

for forfeiture under any Act of Congress), (b) (forfeiture action may be brought in

district in which any acts giving rise to forfeiture occurred or in district specified by

28 U.S.C. § 1395), and 1395(b) (forfeiture proceeding may be prosecuted in district

where defendant property is found), and the action was not untimely because the

government began administrative forfeiture proceedings by publishing notice 37 days

after the defendant property was seized, see 18 U.S.C. § 924(d)(1) (“Any action or

proceeding for the forfeiture of firearms or ammunition shall be commenced within

one hundred and twenty days of such seizure.”); United States v. Ninety-Three

Firearms, 330 F.3d 414, 417, 422-23 (6th Cir. 2003) (federal agency commenced

administrative forfeiture proceedings by publication; § 924(d)(1) does not mandate

that judicial actions be brought within 120 days of seizure, as long as administrative

proceeding has been brought within that timeframe).

As to the merits of Wilson’s claimed interest in the defendant property, we

assume without deciding that Wilson inherited an ownership interest in the defendant

property from her deceased husband, and that she could assert the defense of innocent

ownership. See 18 U.S.C. § 983(d)(1) (innocent owner’s interest in property shall not

be forfeited under any civil forfeiture statute), (d)(2)(A)(i) (innocent owner means

owner who did not know of conduct giving rise to forfeiture). We conclude,

however, that Wilson did not show she was an innocent owner, because she knew her

husband was a convicted felon who could not legally possess the defendant property.

Hence, the defendant property was subject to forfeiture. 

Accordingly, we affirm.

______________________________
CERTIFICATIONS  I, Wilson Cheung, certify that: 1. I have reviewed this annual report on Form 10-KSB of China Multimedia, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 4. The registrant's other certifying officers 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f) for the registrant and have: (a)         designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; (b)         designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements, for external purposes in accordance with generally accepted accounting principles; (c)         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; and (d)         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; and  5. The registrant's other certifying officer and I have disclosed, based on our most recent evaluation, 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 in the design or operation of internal controls which could 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 control over financial reporting.  Date: December 31, 2007 /s/ Wilson CheungWislon Cheung, Chief Financial Officer
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002629.0010\5668091.1 REQUEST FOR SPECIAL NOTICE 1 Wendel Rosen LLP 1111 Broadway, 24t h Floor Oakland, California 94607-4036 

Mark S. Bostick (Bar No. 111241) 

Lisa Lenherr (Bar No. 258091) 

WENDEL ROSEN LLP 

1111 Broadway, 24th Floor 

Oakland, California 94607-4036 

Telephone: (510) 834-6600 

Fax: (510) 834-1928 

Email: mbostick@wendel.com 

Attorneys for Michael G. Kasolas, 

Claims Representative 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re 

PG&E CORPORATION, 

 and 

PACIFIC GAS AND ELECTRIC 

COMPANY, 

Debtors. 

□ Affects PG&E Corporation 

□ Affects Pacific Gas and Electric Company 

■ Affects both Debtors 

*All papers shall be filed in the Lead Case, 

No. 19-30088 (DM) 

 Case No. 19-30088-DM 

Chapter 7 

NOTICE OF APPEARANCE AND 

REQUEST FOR SPECIAL NOTICE 

PLEASE TAKE NOTICE that Mark S. Bostick and Lisa Lenherr of Wendel Rosen LLP 

hereby appear on behalf of Michael G. Kasolas, appointed as the Claims Representative for 

Unfiled Fire Claimants by an Order Extending Bar Date for Fire Claimants and Appointing 

Claims Representative entered on November 12, 2019 [Doc# 4672]. Said attorneys request that 

they be provided with notice of all matters required to be served under Fed. R. Bank P. 2002, 3017 

Case: 19-30088 Doc# 4766 Filed: 11/15/19 Entered: 11/15/19 14:34:51 Page 1 of

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002629.0010\5668091.1 REQUEST FOR SPECIAL NOTICE 2 Wendel Rosen LLP 1111 Broadway, 24t h Floor Oakland, California 94607-4036 

and 9007, and that the following addresses be included in the Court’s master mailing list: 

Mark S. Bostick 

Wendel Rosen LLP 

1111 Broadway, 24th Floor 

Oakland, CA 94607 

Telephone: (510) 834-6600 

Email: mbostick@wendel.com 

Lisa Lenherr 

Wendel Rosen LLP 

1111 Broadway, 24th Floor 

Oakland, CA 94607 

Telephone: (510) 834-6600 

Email: llenherr@wendel.com 

DATED: November 15, 2019 WENDEL ROSEN LLP 

By: /s/ Lisa Lenherr 

 Mark S. Bostick 

Lisa Lenherr 

Attorneys for Michael G. Kasolas, Claims 

Representative

Case: 19-30088 Doc# 4766 Filed: 11/15/19 Entered: 11/15/19 14:34:51 Page 2 of

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28 Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153-0119

Exhibit B 

EP Agreements and EP Amendments 

Counterparty EP Agreement EP Amendment Cure Amount 

Dynegy 

Marketing and 

Trade, LLC

Energy Storage Resource Adequacy 

Agreement dated June 6, 2018, as 

previously amended by letters dated 

October 11, 2018 and November 27, 

2018

Amendment to 

Energy Storage Resource Adequacy 

Agreement dated October 7, 2019. 

$0 

Java Solar, LLC Power Purchase Agreement dated 

December 18, 2015, as previously 

amended by the First Amendment dated 

July 19, 2017

Second Amendment to 

Power Purchase Agreement dated 

October 7, 2019. 

$0 

Case: 19-30088 Doc# 4203-2 Filed: 10/15/19 Entered: 10/15/19 11:21:37 Page 1

of 1
UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

In re: 

PG&E CORPORATION and PACIFIC GAS 

AND ELECTRIC COMPANY,

 Debtors 

Chapter 11 

No. 19-30088 (DM) 

(Jointly Administered) 

TRANSFER OF CLAIM OTHER THAN FOR SECURITY 

A CLAIM HAS BEEN FILED IN THIS CASE or deemed filed under 11 U.S.C. § 1111(a). 

Transferee hereby gives evidence and notice pursuant to Rule 3001(e)(2) of the Federal Rules of 

Bankruptcy Procedure of the transfer, other than for security, of the claim referenced in this 

evidence and notice. 

Ackley Ranch LLC Cherokee Debt Acquisition, LLC 

Name of Transferor Name of Transferee

Schedule No: 1029854 & 3.101

Debtor: Pacific Gas and Electric Company 

(19-30089) 

Claim Amount: $15,243.00 

Name and Address where notices and payments 

to transferee should be sent: 

Cherokee Debt Acquisition, LLC 

1325 Avenue of the Americas, 28th Floor 

New York, NY 10019 

I declare under penalty of perjury that the information provided in this notice is true and correct 

to the best of my knowledge and belief. 

By: _____________________ Date: September 13, 2019 

Transferee/Transferee’s Agent

Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to 5 years, 

or both. 18 U.S.C. §§ 152 & 3571. 

Case: 19-30088 Doc# 3887 Filed: 09/13/19 Entered: 09/13/19 12:02:40 Page 1 of

2
CHEROKEE DEBT ACQUISITION, LLC

1325 Avenue of the Americas, 28th Floor

New York, NY 10019

Attn: Vladimir Jelisavcic

CHEROKEE DEBT ACQUISITION, LLC

Vladimir Jelisavcic

Manager

15,243.00 

100

Case: 19-30088 Doc# 3887 Filed: 09/13/19 Entered: 09/13/19 12:02:40 Page 2 of

2
Case: 19-30088 Doc# 412 Filed: 02/12/19 Entered: 02/12/19 15:14:06 Page 1 of 4
Case: 19-30088 Doc# 412 Filed: 02/12/19 Entered: 02/12/19 15:14:06 Page 2 of 4
Case: 19-30088 Doc# 412 Filed: 02/12/19 Entered: 02/12/19 15:14:06 Page 3 of 4
Case: 19-30088 Doc# 412 Filed: 02/12/19 Entered: 02/12/19 15:14:06 Page 4 of 4
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)

In connection with the Annual Report on Form 10-K of PennantPark Investment Corporation for the annual period ended September 30, 2012 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Aviv Efrat, as Chief Financial Officer of the Registrant hereby certify, to the best of my knowledge 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 Registrant.



|       |  |                        
|------ |  | -----------------------
|       |  | /S/    AVIV EFRAT      
|Name:  |  | Aviv Efrat             
|Title: |  | Chief Financial Officer

Date: November 13, 2013
**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 Annual Report of AdvanSource Biomaterials Corporation, a Delaware corporation (the “Company”), on Form 10-K for the fiscal year ended March 31, 2014, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, David Volpe, the chief financial officer of 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:

(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.

| Date: July 14, 2014

 

 

 

/s/ David Volpe

 

David Volpe

 

Chief Financial Officer

 

 

This certification accompanies each report of the Company on Form 10-Q and Form 10-K pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of §18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by §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. |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
A96A1267.

#### COX v. ADVONI et al.

(474 SE2d 290)

Judge Harold R. Banke.

This workers’ compensation case arose after Deborah Lee Cox fractured her ankle while moving a carpet in the course of her employment at Travel Host Inn, owned by Bagwan Advoni. After an administrative law judge (“ALJ”) awarded Cox total disability benefits and an appellate panel affirmed, the superior court summarily reversed. We granted Cox’s application for discretionary appeal to consider her challenge to the superior court’s reversal of her award.

The ALJ’s award was premised on findings that (1) Cox was an employee of Travel Host Inn; (2) her injury arose in the course of her employment; and (3) Travel Host Inn employed three employees, a *414number sufficient to subject it to the workers’ compensation laws under OCGA § 34-9-2. The employer raised only the latter issue before the superior court, arguing that the award should be reversed in the absence of evidence sufficient to establish that Gayla Lawson, the requisite third employee, worked for Travel Host Inn. *Held:*

Decided August 5, 1996.

*Merlyn D. Hall,*for appellant.

*J. Edwin Peavy,*for appellees.

“In reviewing a workers’ compensation award, both this court and the superior court must construe the evidence in the light most favorable to the party prevailing before the appellate division.” *South Ga. Timber Co. v. Petty,*218 Ga. App. 497, 498 (462 SE2d 176) (1995). When supported by any evidence, the findings of the State Board of Workers’ Compensation are conclusive and binding. Id.

The superior court erred in implicitly holding that no evidence supported the Board’s affirmance of the ALJ’s finding that Travel Host Inn employed the requisite number of workers to subject it to the workers’ compensation law.1 In so doing, the superior court improperly substituted itself as a factfinding body in lieu of the Board. Id.

It is undisputed that at the time of the injury Travel Host Inn employed both Cox, who supplied janitorial services, and Carl Jenkins, the night manager. The record also shows that Advoni testified that Gayla Lawson was his secretary. She worked nine to five, five days per week in her office, which was located at Travel Host Inn. In Advoni’s absence, Lawson rented rooms to the Inn’s guests and kept an eye on the front desk. She also kept Travel Host Inn’s books. Notwithstanding Advoni’s claim that he paid Lawson through a separate corporation, this evidence, properly viewed in the light most favorable to the party prevailing before the Board, is sufficient to support the finding that Lawson was Travel Host Inn’s employee. Id.; see *Harris v. Seaboard Farms &c.,*207 Ga. App. 147, 150 (427 SE2d 524) (1993). In light of this analysis, we need not reach Advoni’s remaining enumerations.

*Judgment reversed.*

*McMurray, P. J., and*Ruffin, *J., concur.*

1

 In the absence of any indication of the issue on which its rejection of the award was based, we must assume the superior court limited its ruling to the sole issue presented to it on appeal.
June 26, 2016





 



 



Douglas Godshall


8 Overfield Drive


Medfield, MA 02052


 







 


Dear Doug,


 


Reference is made to the employment letters (the “Agreements”) between you and HeartWare International, Inc. (“HWII”), dated December 16, 2009, and between you and HeartWare, Inc. (“HWI”, HWII and HWI together, the “Company”), dated December 21, 2010, each as amended from time to time.  You and the Company desire to amend the Agreements in the manner described below.


 



	
  

	
1.

	
Total Salary.  The definition of “Total Salary” in your Agreements shall be replaced by the following:







 


“Total Salary” means your current Base Salary plus your current target annual cash bonus assuming 100% corporate and individual achievement.


 



	
  

	
2.

	
No Other Changes. The terms and conditions of the Agreements, to the extent not modified hereby, will continue to apply as specified in the Agreements.







 


To indicate your acceptance of these updated terms and conditions of your employment, please sign below.


 



	 	
Sincerely,

	 
	 	HEARTWARE INTERNATIONAL, INC.	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	BY:	 /s/ Lawrence J. Knopf	 
	 	Title:   	SVP and General Counsel	 





 


 


 


 


 


 




  





  











  







 



	 	HEARTWARE, INC.	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	BY:	 /s/ Lawrence J. Knopf	 
	 	Title:   	SVP and General Counsel	 





 






 


 



	
Accepted and agreed:

	 
	 	 
	 	 
	 	 
	 	 
	 /s/ Douglas Godshall	 
	Douglas Godshall
**Exhibit 32.1**

 

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

 

In connection with the Annual Report of Sally Holdings LLC (the “Company”)on Form 10-K for the fiscal year ended September 30, 2010 as filedwith the Securities and Exchange Commission on the date hereof (the “Report”), I,Gary G. Winterhalter, Chief Executive Officer of the Company, certify, pursuantto 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of2002, that:

 

(1)       TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and result of operations of the Company.

 
|   | By:    | /s/ Gary G.  Winterhalter                      |
|--------|--------|------------------------------------------------|
|   |   | Gary G. Winterhalter                           |
|   |   | Chief Executive  Officer of Sally Holdings LLC |

 

 

Date:       November 18, 2010

 

----
EXHIBIT 32.2


CERTIFICATION OF


CHIEF FINANCIAL OFFICER OF


GREENLIGHT CAPITAL RE, LTD.








This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and accompanies the annual report on Form 10-K/A (the ‘‘Form 10-K/A ’’) for the year ended December 31, 2018 of Greenlight Capital Re, Ltd. (the ‘‘Issuer’’).





I, Tim Courtis, the Principal Financial Officer of the Issuer, certify that to the best of my knowledge:





1. The Form 10-K/A fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)), as amended; and





2. The information contained in the Form 10-K/A fairly presents, in all material respects, the financial condition and results of operations of the Issuer.








Dated:March 15, 2019/s/ TIM COURTISTim CourtisChief Financial Officer
Exhibit 32.1

                                SAVWATT USA, INC.
                             A Delaware Corporation
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with this  Amendment  No. 1 to the Annual Report of SavWatt USA,
Inc.  ("Company")  on Form 10-K for the year ended  December 31, 2010,  as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Michael Haug, Chief Executive Officer, 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 results of operations
          of the Company.


Dated: August 3, 2011                        /s/ Michael Haug
                                             -----------------------------------
                                        By:  Michael Haug
                                        Its: Chief Executive Officer