alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Appellee, v. Arthur P. GILCHRIST, Appellant.

No. 542, Docket 29192.

United States Court of Appeals Second Circuit.

Argued June 22, 1965.

Decided June 28, 1965.

John S. Martin, Jr., Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, New York City, on the brief), for appellee.

Leon B. Polsky, New York City (Arthur P. Gilchrist, pro se, on the brief), for appellant.

Before MOORE and FRIENDLY, Circuit Judges, and WEINFELD, District Judge.

PER CURIAM:

Arthur Gilchrist was indicted on three counts, one for possessing a letter (a federal tax refund check) known to have been stolen from the mails, and the other two for having forged and uttered a United States Treasurer’s check. After a jury trial, he was convicted on all counts. He now appeals *pro se*attacking the sufficiency of the evidence and claiming that his arrest was unlawful, that he received no preliminary hearing, and that the indictment was insufficiently informative as to the crimes charged.

The Government’s case rested largely on the testimony of Gilchrist’s accomplice, Dorothy Bertrán, with whom he had arranged identification papers and who actually presented the forged check for cashing. Her testimony was sufficient, if believed, to establish Gilchrist’s guilt on all three counts- — his possession of the stolen check and his aiding and abetting her in its forging and uttering. Most of Gilchrist’s points on appeal are merely arguments directed to possible inconsistencies in the Bertrán testimony, some based on extra-record informatio^___ which go to her credibility.

 The illegal arrest claim has not been made before and is not open now. The same principle applies to appellant’s claim that he was not afforded a preliminary hearing which, in any event, was no longer required once the indictment was returned. Moreover, the alleged illegality would call only for exclusion of evidence seized or — on some occasions — • of oral statements made, of which there were none.

*716As for the indictment, it charged in the statutory language with sufficient clarity and reference to the precise letter and check in question. That is sufficient.

Affirmed.
----

|   | /s/ Westley V.      Thompson                                    |
|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | Westley      V. Thompson                                                                                                                                                                                                                       |
|   | President,      SLF U.S.                                                                                                                                                                                                                       |
|   | (principal      executive officer)                                                                                                                                                                                                             |

----
#### Charles Schier, Respondent, v. The City of Buffalo, Appellant.

Motion for leave to appeal to the Court of Appeals denied.
**Exhibit 32**

 

**Certificationof CEO and CFO Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant toSection 906 of theSarbanes-Oxley Act of 2002**

 

In connection with the Quarterly Report ofHyperFeed Technologies, Inc. (the “Company”) on Form 10-Q for the period endingJune 30, 2003 as filed with the Securities and Exchange Commission on the datehereof (the “Report”), Jim R. Porter, as Chief Executive Officer of theCompany, and Randall J. Frapart, as Chief Financial Officer of the Company,each hereby certifies, pursuant to 18 U.S.C. section 1350, as adopted pursuantto section 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge,that:

 

(1) The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

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

 

 
| Date:  August 14, 2003 |                                 |
|-----------------------------|--------------------------------------|
|                        |                                 |
|                        |                                 |
|                        | /s/ Jim R. Porter                    |   |
|                        | Jim R. Porter                        |
|                        | Chairman of the Board of  Directors, |
|                        | and Chief Executive Officer          |
|                        |                                 |
|                        |                                 |
| Date:  August 14, 2003 |                                 |
|                        |                                 |
|                        |                                 |
|                        | /s/ Randall J. Frapart               |   |
|                        | Randall J. Frapart                   |
|                        | Chief Financial Officer              |

 

This certification accompanies the Reportpursuant to section 906 of the Sarbanes-Oxley Act of 2002 and shall not bedeemed filed by HyperFeed Technologies, Inc. for purposes of section 18 of theSecurities Exchange Act of 1934, as amended.

 

A signed original of this written statementrequired by section 906 of the Sarbanes-Oxley Act of 2002 has been provided toHyperFeed Technologies, Inc. and will be retained by HyperFeed Technologies,Inc. and furnished to the Securities and Exchange Commission or its staff uponrequest.

 

1

----
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 6121** 

UNITED STATES OF AMERICA , Plaintiff

– Appellee ,
v. CESAR SIERRO

- PINEDA, a/k/a Desiderio Ramirez Duarte, a/k/a Desiderio Pineda Duarte , Defendant

- Appellant
.

Appeal from the United States District Court for the Western District of North Carolina , at Statesville
. Richard L. Voorhees , District Judge. ( 5:11

- cr - 00022

- RLV

- 1; 5:14

- cv - 00063

- RLV )

Submitted : June 18, 2015 Decided: June 22, 2015

Before SHEDD, DUNCAN, and AGEE , Circuit Judges.

Dismissed by un published per curiam opinion
.
Cesar Sierro

- Pineda, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.PER CURIAM: Cesar Sierro

- Pineda seeks to appeal the district court ’ s order denying his 28 U.S.C. § 2255 (2012) motion . We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. When the United States or its officer or agency is a party, the notice of appeal must be filed no more than 60 days after the entry of the district court ’ s final judgment or order, Fed. R. App. P. 4(a)(1)(B), unles s the district court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell , 551 U.S. 205, 214 (2007). The district court ’ s order was entered on the docket on October 14, 2014 . The notice of appeal was filed on January 16, 2015
. * Because Sierro

- Pineda failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We grant Sierro

- Pineda’s motion

* For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack , 487 U.S. 266 (1988). Although Sierro

- Pineda first dated his notice of appeal December 14, 2014, he changed the date to January 16, 2015, and initialed the change. Under either date, the notice of appeal is untimely filed.

2to extend the filing time for the informal opening brief and accept the tendered brief. We dispense with oral argument because the facts and legal contentions are adequately presen ted in the materials before th is court and argument would not aid the decisional process.

DISMISSED

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

WEIL, GOTSHAL & MANGES LLP 

Stephen Karotkin (pro hac vice) 

(stephen.karotkin@weil.com) 

Ray C. Schrock, P.C. (pro hac vice) 

(ray.schrock@weil.com) 

Jessica Liou (pro hac vice) 

(jessica.liou@weil.com) 

Matthew Goren (pro hac vice) 

(matthew.goren@weil.com) 

New York, NY 10153-0119 

Tel: (212) 310-8000 

Fax: (212) 310-8007 

KELLER & BENVENUTTI LLP 

Tobias S. Keller (#151445) 

(tkeller@kellerbenvenutti.com) 

Jane Kim (#298192) 

(jkim@kellerbenvenutti.com) 

650 California Street, Suite 1900 

San Francisco, CA 94108 

Tel: (415) 496-6723 

Fax: (415) 636-9251 

Attorneys for Debtors and Debtors in Possession 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re:

PG&E CORPORATION, 

 - and - 

Bankruptcy Case No. 19-30088 (DM) 

Chapter 11 

(Lead Case) 

(Jointly Administered) 

ORDER GRANTING STIPULATION 

BETWEEN THE DEBTORS AND THE 

OFFICIAL COMMITTEE OF TORT 

CLAIMANTS EXTENDING TIME TO 

RESPOND TO THE TORT CLAIMANTS 

COMMITTEE’S MOTION TO EXTEND 

THE BAR DATE 

 

Re: Dkt. No. 4292 

[No Hearing Requested]

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) 

 

Signed and Filed: November 5, 2019

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Entered on Docket 

November 06, 2019

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 4585 Filed: 11/05/19 Entered: 11/06/19 07:26:28 Page 1 of

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

The Court having considered the Stipulation Between the Debtors and the Tort Claimants 

Committee Extending Time to Respond to the Tort Claimants Committee’s Motion to Extend the 

Bar Date (“Stipulation”), filed on November 4, 2019; and, pursuant to such stipulation and 

agreement of the Parties1, and good cause appearing, 

IT IS HEREBY ORDERED: 

1. The time for the Debtors to respond to the TCC Bar Date Extension Motion 

is extended to 4:00 p.m. Pacific Time on November 8, 2019. 

APPROVED AS TO FORM AND CONTENT: 

Dated: November 4, 2019

BAKER HOSTETLER LLP 

/s/ David J. Richardson

David J. Richardson

Attorneys for Official Committee of Tort Claimants

**END OF ORDER** 

1

 Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the 

Stipulation. 

Case: 19-30088 Doc# 4585 Filed: 11/05/19 Entered: 11/06/19 07:26:28 Page 2 of

2
Exhibit G

Case: 19-30088 Doc# 4686-7 Filed: 11/12/19 Entered: 11/12/19 15:50:31 Page 1

of 2
Case: 19-30088 Doc# 4686-7 Filed: 11/12/19 Entered: 11/12/19 15:50:31 Page 2

of 2
EXHIBIT A

Case: 19-30088 Doc# 4596-1 Filed: 11/07/19 Entered: 11/07/19 12:26:16 Page 1

of 2
EXHIBIT A

COMPENSATION BY PROFESSIONAL

FOR THE PERIOD AUGUST 1, 2019 THROUGH AUGUST 31, 2019

Billing Total Total

Professional Position Rate Hours Fees

Brent Williams Managing Director $ 1,195 254,296.00 212.8 $ 

Alex Stevenson Managing Director 1,195 103.8 124,041.00 

Brendan Murphy Managing Director 1,095 265.4 290,613.00 

Sherman Guillema Director 895 81.3 72,763.50 

Peter Gnatowski Vice President 795 285.5 226,972.50 

Matt Merkel Associate 695 173.0 120,235.00 

Erik Ellingson Associate 695 108.3 75,268.50

Naeem Muscatwalla Senior Analyst 495 150.0 74,225.25

Riley Jacobs Analyst 395 225.6 89,112.00

Alex Gebert Analyst 395 221.2 87,374.00

Zack Stone Analyst 395 101.7 40,171.50

Jane Su Professional Support 250 4.0 1,000.00 

Subtotal 1,932.6 1,456,072.25 $ 

Less: 50% Discount for Non-Working Travel Time (15,627.50)

Grand Total $ 1,440,444.75

Case: 19-30088 Doc# 4596-1 Filed: 11/07/19 Entered: 11/07/19 12:26:16 Page 2

of 2
Exhibit 31.2

CERTIFICATION

I, Gary Corsi, certify that: 

1.	I have reviewed this quarterly report on Form 10-Q of Sun Life Assurance Company of Canada (U.S.);

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 officer(s) 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 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) 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 

(c) 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 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(s) 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; 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:  November 14, 2003
lasalle logo
              
              
              LaSalle Bank
      N.A.
                135 South
      LaSalle Street
                Suite
      1625
                Chicago,
      IL  60603
                
                Global Securities and Trust
      Services
 Annual
Statement of Compliance





VIA:
EMAIL





Merrill
Lynch Mortgage Investors, Inc.


250 Vesey
Street


4 World
Financial Center, 16th Floor


New York,
New York 10080





Wilshire
Credit Corporation


14523
S.W. Millikan Way


Suite
200


Beaverton,
Oregon 97005


Attention:
V.P. Client Services





Attention:
            Merrill
      Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates,
      Series 2007-HE1





Re:
            Pooling
      and Servicing Agreement (the "Agreement") dated as of February 1, 2007
      among Merrill Lynch Mortgage Investors, Inc., as Depositor, Wilshire
      Credit Corporation, as Servicer, and LaSalle Bank National Association, as
      Trustee, relating to Merrill Lynch Mortgage Investors Trust, Mortgage Loan
      Asset-Backed Certificates, Series
2007-HE1





I,
Barbara L. Marik, a Senior Vice President of LaSalle Bank National Association,
as Trustee hereby certify that:





1.  A review
of the activities of the Trustee during the preceding calendar year and of the
performance of the Trustee under the Agreement has been made under my
supervision; and





2.  To the
best of my knowledge, based on such review, the Trustee has fulfilled all its
obligations under the Agreement in all material respects throughout such year or
a portion thereof.








Date:
February 27, 2008





LaSalle
Bank National Association, as Trustee








/s/
Barbara L. Marik


Barbara
L. Marik


Senior
Vice President
EX-10.1






FIRST AMENDMENT TO

EMPLOYMENT AGREEMENT




THIS FIRST AMENDMENT (the “First Amendment”) is to that certain Employment Agreement dated and
effective as of August 7, 2007 (the “Agreement”), by and between William E. Alvarez, Jr.
(“Executive”) and Patriot Capital Funding, Inc. (“Company”). By way of this First Amendment,
effective this 23 day of July 2009, the following modifications shall be made to the Agreement,
which modifications shall take precedence over any conflicting terms contained in the Agreement.



1. The definition of the term “Average Annual Bonus” contained in Section 8 of the
Agreement is hereby deleted and in its place the following is inserted:




“Average Annual Bonus” means the average of the Annual Bonuses paid during the
Term, plus the aggregate grant date fair value (as determined in accordance with the
Financial Accounting Standards Board’s Statement of Financial Accounting Standards No.
123R, “Share-Based Payment”) of restricted stock awarded during the Term.



2. Unless expressly modified, amended or superseded hereby, all terms, conditions and provisions of
the Agreement shall remain in full force and effect.



4. This First Amendment and the Agreement represent the sole and exclusive understanding of the
parties relating to the matters set forth herein and therein.



5. The terms of this First Amendment shall be governed and construed in all respects in accordance
with the laws of the State of Connecticut.



[Signature page follows]








1






IN WITNESS WHEREOF, each of the Company and the Executive has executed this First Amendment as
of the day and year first above written.




PATRIOT CAPITAL FUNDING, INC.



	 	 	 
	By:

	 	/s/ Richard P. Buckanavage
	
 
	 	 
	Name:

	 	Richard P. Buckanavage
	
 
	 	 
	Title:

	 	President and Chief Executive Officer
	
 
	 	 
	EXECUTIVE

	By:

	 	/s/ William E. Alvarez, Jr.
	
 
	 	 
	Name:

	 	William E. Alvarez, Jr.
	
 
	 	 







2
Amend. No. 3 to 2008 Restatement of Unfunded Ret. Inc. Guarantee Plan



 EXHIBIT 10(f)(3) 
 AMENDMENT NO. 3 
 TO THE 
 2008 RESTATEMENT OF THE XEROX CORPORATION 
 UNFUNDED RETIREMENT
INCOME GUARANTEE PLAN 
 W   I   T   N   E  
S   S   E   T   H  : 
 WHEREAS, Xerox Corporation (the
“Company”) has adopted the 2008 Restatement of the Xerox Corporation Unfunded Retirement Income Guarantee Plan, as amended by Amendment Nos. 1 and 2 (hereinafter referred to as the “Plan”), and 
 WHEREAS, the Company has determined that it is advisable to amend the Plan, 
 NOW, THEREFORE, the Plan is hereby amended as follows: 
  

	1.	 A new Section 8.4 shall be added to read in its entirety as follows: 


 “Section 8.4 Overpayments. If the Administrator pays any amount to or for the benefit of a Participant, beneficiary, alternate payee or any other person (collectively, any
“Payee”) to which the Payee is not entitled by the terms of the Plan, such payment is an Overpayment. The Payee is obligated to reimburse the Overpayment to the Company, up to its full amount. The Company has the right to recover the
Overpayment by any means or action allowed at law or equity, including, without limitation, the reduction of benefits, salary or other amounts payable by the Company to the Payee, or to his spouse, beneficiaries, alternate payees, heirs, assigns or
estate. The Overpayment shall be held in constructive trust and subject to an equitable lien in favor of the Plan, whether the Overpayment is held by the Payee, or by any third party including without limitation, a Payee’s spouse,
beneficiaries, assigns, alternate payees, or estate; the trustee of an individual retirement account, qualified plan or other trust; or any attorney.” 
 This Amendment shall be effective as of the date hereof. In all other respects, the Plan shall remain unchanged. 
 IN
WITNESS WHEREOF, the Company has caused this Amendment to be signed as of the 5th day of May, 2009. 
   XEROX CORPORATION
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Weil, Gotshal & Manges LLP

767 Fifth Avenue

New York, NY 10153-0119

WEIL, GOTSHAL & MANGES LLP

Stephen Karotkin (pro hac vice)

(stephen.karotkin@weil.com)

Ray C. Schrock, P.C. (pro hac vice)

(ray.schrock@weil.com)

Jessica Liou (pro hac vice)

(jessica.liou@weil.com) 

Matthew Goren (pro hac vice)

(matthew.goren@weil.com)|

767 Fifth Avenue

New York, NY 10153-0119

Tel: 212 310 8000

Fax: 212 310 8007

KELLER & BENVENUTTI LLP

Tobias S. Keller (#151445)

(tkeller@kellerbenvenutti.com)

Jane Kim (#298192)

(jkim@kellerbenvenutti.com)

650 California Street, Suite 1900

San Francisco, CA 94108

Tel: 415 496 6723

Fax: 650 636 9251

Attorneys for Debtors

and Debtors in Possession

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re: 

PG&E CORPORATION,

 - and -

PACIFIC GAS AND ELECTRIC 

COMPANY,

Case No. 19-30088 (DM)

Chapter 11

(Lead Case)

(Jointly Administered)

NOTICE OF FILING OF (I) DEBTORS’

PROPOSED COMPETING PLAN 

CONFIRMATION TIMELINE AND 

(II) DEBTORS’ PROPOSED BRIEFING 

SCHEDULE FOR POSTPETITION 

INTEREST AND MAKE-WHOLE 

PREMIUM ISSUES

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: 19-30088 Doc# 4388 Filed: 10/22/19 Entered: 10/22/19 16:03:58 Page 1 of

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Weil, Gotshal & Manges LLP

767 Fifth Avenue

New York, NY 10153-0119

PLEASE TAKE NOTICE that attached hereto as Exhibit A is the Debtors’ proposed 

competing plan confirmation timeline setting forth proposed dates for plan-related litigation, the filing

of and hearing on a disclosure statement, solicitation of votes on the competing plans, and the 

confirmation hearing. 

PLEASE TAKE FURTHER NOTICE that attached hereto as Exhibit B is the Debtors’ 

proposed briefing schedule for postpetition interest and make-whole premium issues. 

Dated: October 22, 2019

WEIL, GOTSHAL & MANGES LLP

KELLER & BENVENUTTI LLP

/s/ Stephen Karotkin

Stephen Karotkin

Attorneys for Debtors and Debtors in Possession

Case: 19-30088 Doc# 4388 Filed: 10/22/19 Entered: 10/22/19 16:03:58 Page 2 of

2
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





I, Westley V. Thompson, principal executive officer of Sun Life Assurance Company of Canada (U.S.) (the "Company"), hereby certify, to the best of my knowledge, that the Quarterly Report on Form 10-Q of the Company for the period ended September 30, 2010, filed with the Securities and Exchange Commission on the date hereof (the "Report"), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








/s/ Westley V. ThompsonWestley V. ThompsonPresident, SLF U.S.(principal executive officer)November 15, 2010