alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE v. WILLIAM HENRY POOLE.

(Filed 22 September, 1943.)

Criminal Law § 80—

In a capital case, where the time lor bringing up the case on appeal has expired, in the absence of any apparent error in the record before the court, the motion of the Attorney-General to docket and dismiss, under Rule 17, is allowed.

MotioN by State to docket and dismiss appeal.

*Attorney-General McMullan and Assistant Attorney-General Patton for the State.*

Stacy, C. J.

At the February Term, 1943, Pasquotank Superior Court, the defendant herein, William H. Poole, was tried upon indictment charging him with the murder of one Andrew Jackson Sawyer, which resulted in a conviction of “murder in the first degree,” and sentence of death as the law commands on such verdict.

From the judgment thus entered, the defendant gave notice of appeal to the Supreme Court. The clerk certifies that “no case on appeal has been filed in my office and there has been no request for transcript of the record either by the defendant or his counsel, and therefore the appeal has not been perfected.”

*395The time for bringing up the case on appeal has expired, and in the absence of any apparent error, which the record now before us fails to disclose, the motion of the Attorney-General to docket and dismiss the appeal under Eule 17 must be allowed. *S. v. Morrow,*220 N. C., 441, 17 S. E. (2d), 507; *S. v. Watson,*208 N. C., 70, 179 S. E., 455.

Judgment affirmed. Appeal dismissed.
a6023095ex10_2.htm


    Exhibit
10.2

    


    iParty
Corp.

    


    WRITTEN
SUMMARY OF RENEWED ONE-YEAR PART-TIME CONSULTING ARRANGEMENT WITH MR.
VASSALLUZZO

    


    May
27, 2009

    


    


    


         iParty
Corp. shall renew its engagement of Joseph Vassalluzzo to provide consulting
services on a part-time basis over a one-year period beginning on May 27, 2009
(the date of termination of the prior year's arrangement) to iParty's senior
management, in particular iParty's Chairman and CEO, Sal Perisano, with respect
to various retail, operational, strategic, real estate and store location
issues, as may from time to time be necessary and appropriate. Such services
shall on occasion require Mr. Vassalluzzo's presence at iParty's corporate
headquarters in Dedham, Massachusetts and/or current or proposed store location
sites, principally in New England and Florida. On or before the end of the
one-year period commencing on May 27, 2009, iParty Corp. shall pay Mr.
Vassalluzzo one or more payments not to exceed $60,000 cash for services
rendered over the one-year period beginning on May 27, 2009, with such services
to be earned at a rate of $5,000 per month.
|                                                                                                          |   | Three      Months EndedJanuary      31, |       |
|---------------------------------------------------------------------------------------------------------------|--------|-----------------------------------------|------------|
|                                                                                                          |   | 2009                                    |       |   | 2010 |   |
| Numerator:                                                                                                    |   |                                    |       |   |   |   |
| Net      loss                                                                                                 |   | $                                       | (1,003,745 | ) |   | $ | (376,520 | ) |
|                                                                                                          |   |                                    |       |   |   |   |   |   |
| Denominator:                                                                                                  |   |                                    |       |   |   |   |   |   |
| Denominator      for basic earnings per share- weighted      average shares                                   |   |                                    | 14,739,200 |   |   |   | 15,611,897 |   |
| Effect      of dilutive securities:                                                                           |   |                                    |       |   |   |   |   |   |
| Employee      stock options                                                                                   |   |                                    | –    |   |   |   | – |   |
| Restricted      stock                                                                                         |   |                                    | –    |   |   |   | – |   |
| Warrants                                                                                                      |   |                                    | –    |   |   |   | – |   |
| Denominator      for diluted earnings per share adjusted weighted average shares and      assumed conversions |   |                                    | 14,739,200 |   |   |   | 15,611,897 |   |
|                                                                                                          |   |                                    |       |   |   |   |   |   |
| Basic      and diluted (loss) per share                                                                       |   | $                                       | (0.07      | ) |   | $ | (0.02 | ) |

----
EXHIBIT 32.2

CERTIFICATION PURSUANT TO8 U.S.C.
SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In
connection with the Quarterly Report of SteelCloud, Inc. (the Company) on Form 10-Q for the
quarter ended April 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Brian Hajost, President of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss.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 for
the periods presented therein.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|June 10, 2005 |  | By: /s/ Brian HajostName: Brian HajostTitle: President
|------------- |  | ------------------------------------------------------
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 SUPPLEMENTAL DECLARATION 

SCOTT H. MCNUTT (CSBN 104696) 

324 Warren Road 

San Mateo, California 94402 

Telephone: (415) 760-5601 

Email: smcnutt@ml-sf.com 

Counsel to the Fee Examiner 

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) 

 Bankruptcy Case 

No. 19-30088 (DM) 

(Lead Case) 

(Jointly Administered) 

Chapter 11 

SUPPLEMENTAL DECLARATION OF 

FEE EXAMINERBRUCE A. MARKELL 

PURSUANT TO 11 U.S.C. § 330 AND FED. 

R. BANKR. P. 2014 (a) 

[No Hearing Requested] 

Judge: Hon. Dennis Montali 

I, Bruce A. Markell, declare; 

1. In these bankruptcy cases I am the Court-appointed Fee Examiner. See Order 

Appointing Fee Examiner and Establishing Procedures for Consideration of Requested 

Fee Compensation and Reimbursement of Expenses (“Fee Examiner Order”), Entered 

May 29, 2019 [Docket No. 2267]. 

2. On April 12, 2019, I filed a declaration with this court, as Docket No. 1370-1, that 

disclosed my known connections to the debtors and to the professionals in this 

Case: 19-30088 Doc# 4709 Filed: 11/13/19 Entered: 11/13/19 16:21:20 Page 1 of

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 2 SUPPLEMENTAL DECLARATION 

case. On October 28, 2019, I learned of a new connection. My longtime friend (of 

over 35 years) and former partner Marc Levinson (now a senior counsel at Orrick 

Herrington & Sutcliffe LLP), informed me that his daughter, Dara Levinson Silveira, is 

an associate at Keller & Benvenutti LLP, local counsel for the debtors in these cases. 

I declare under penalty of perjury that, to the best of my knowledge and after reasonable 

inquiry, the foregoing is true and correct and that this declaration was executed at Chicago, 

Illinois, on November 12, 2019. 

DATED: November 12, 2019 BRUCE A. MARKELL

 By: /s/ Bruce A. Markell

 Bruce A. Markell 

Fee Examiner 

 

Case: 19-30088 Doc# 4709 Filed: 11/13/19 Entered: 11/13/19 16:21:20 Page 2 of

2
Amendment to Warrant Exchange Agreement dated July 27,2009.



 Exhibit 4.4 
 July 27, 2009 
 Capital Ventures International 
 c/o Heights Capital Management, Inc. 
 101 California Street, Suite 3250 
 San Francisco, CA 94111 
 Attn: Martin Kobinger 
 Fax: 415-403-6525 
  

	 	Re:	Amendment to Warrant Exchange Agreement 

 Ladies and Gentlemen:

 This Letter Agreement constitutes an amendment to the Warrant Exchange Agreement (together with all Exhibits and Schedules thereto, the
“Exchange Agreement”), dated as of May 17, 2009, by and among Cell Genesys, Inc., a Delaware corporation and Capital Ventures International. Capitalized terms used herein without definition shall have the same meaning herein as set forth
in the Exchange Agreement. 
 Effective as of the date of the counterpart signature below, Exchange Agreement is amended as follows:

  

	1.	Section 3(a). The third sentence of Section 3(a) of the Exchange Agreement is hereby deleted in its entirety and the following sentence is hereby inserted in lieu thereof:


 “Any Put Notice provided by the Holder shall provide for the exchange of not less than the lesser of (x) 100,000 shares
of the Company’s Common Stock then underlying the Remainder Warrant and (y) all shares of the Company’s Common Stock then underlying the Remainder Warrant then outstanding, at any one time.” 
 Except as otherwise amended herein, the Exchange Agreement shall remain in full force and effect pursuant to the terms and conditions set forth therein.

 This Letter Agreement shall be governed and construed in accordance with the laws of the State of New York without giving effect to any
choice of law or conflict of law provision or rule (whether of the State of New York or any other jurisdictions) that would cause the application of the laws of any jurisdictions other than the State of New York. 
 If you are in agreement with the foregoing, please sign the counterpart of this Letter Agreement. 
 This Letter Agreement may be executed in one or more counterparts, each of which when so executed and delivered shall be deemed an original, but all such
counterparts together shall constitute but one and the same instrument. 
  

			
	Very truly yours,
	
	CELL GENESYS, Inc.
		
	By:	 	/s/ STEPHEN A. SHERWIN, M.D.
	Name:	 	Stephen A. Sherwin
	Title:	 	Chairman and CEO


  

			
	 AGREED AND ACCEPTED
  
 as of 27th day of July, 2009
  
 CAPITAL VENTURES INTERNATIONAL

		
	By:	 	/s/ MARTIN KOBINGER
	Name:	 	Martin Kobinger
	Title:	 	Investment Manager
NO TF O R P UB LICATIO N IN W E ST' S H AWAII REP ORTS O R TH E P ACIF IC REP O RTER

NO. CAAP-18-0000933 IN THE INTERMEDIATE COURT OF APPEALS O F THE STATE OF HAWAI # I

ANASTASIA LYTLE, Plaintiff-Appellant, and A LAN CARPENTER and SUSAN COURTNEY CARPENTER, Plaintiffs, v. AIRBORNE AVIATION, INC.; AIRBORNE AVIATION, LLC; a nd CHRISTOPHER KIM, Defendants-Appellees, and JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ENTITIES 1-10, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT

(CIVIL NO. 15-1-0131 JKW)

ORDER DENYING MOTION FOR RECONSIDERATION (By: Leonard, Presiding Judge, and Hiraoka and Wadsworth, JJ.)

Upon consideration of Plaintiff-Appellant Anastasia Lytle's motion for reconsideration filed on April 29, 2023, the papers in support, and the record, it appears that:

(1) Plaintiff-Appellant moves for reconsideration of the Summary Disposition Order filed on April 20, 2023;

(2) The motion for reconsideration presents no point of law or fact that this court overlooked or misapprehended. See Hawai # i Rules of Appellate Procedure Rule 40(b). Electronically Filed Intermediate Court of Appeals CAAP-18-0000933 09-MAY-2023 08:30 AM Dkt. 149 ODMRNO TF O R P UB LICATIO N IN W E ST' S H AWAII REP ORTS O R TH E P ACIF IC REP O RTER Therefore, IT IS HEREBY ORDERED that the motion for reconsideration is denied.

DATED: Honolulu, Hawai # i, May 9, 2023.
/s/ Katherine G. Leonard Presiding Judge
/s/ Keith K. Hiroka Associate Judge /s/ Clyde J. Wadsworth Associate Judge

2
Case: 19-30088 Doc# 5201 Filed: 12/26/19 Entered: 12/26/19 07:38:35 Page 1 of

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Case: 19-30088 Doc# 5201 Filed: 12/26/19 Entered: 12/26/19 07:38:35 Page 2 of

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Case: 19-30088 Doc# 5201 Filed: 12/26/19 Entered: 12/26/19 07:38:35 Page 3 of

3
#### First National Bank of Penn Yan v. George Bruen.

Motion for reargument, or for leave to appeal to the Court of Appeals, denied.
[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Pages 32458-32459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13556]



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



DEPARTMENT OF ENERGY



Federal Energy Regulatory Commission




Notice of Effectiveness of Exempt Wholesale Generator or Foreign 

Utility Company Status



May 28, 2010.



[[Page 32459]]







CER Generation, LLC..............  Docket No. EG10-18-000

Day County Wind, LLC.............  Docket No. EG10-19-000

Northeastern Power Company.......  Docket No. EG10-20-000

EC&R Papalote Creek II, LLC......  Docket No. EG10-22-000

EDF EN Canada Inc................  Docket No. FC10-1-000

 



    Take notice that during the month of April 2010, the status of the 

above-captioned entities as Exempt Wholesale Generators or Foreign 

Utility Companies became effective by operation of the Commission's 

regulations, 18 CFR 366.7(a).



Kimberly D. Bose,

Secretary.

[FR Doc. 2010-13556 Filed 6-7-10; 8:45 am]

BILLING CODE 6717-01-P
Exhibit 32


COPSYNC, INC.


CERTIFICATION OF CORPORATE OFFICERS


(Furnished Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to


Section 906 of the Sarbanes-Oxley Act of 2002)





Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), each of the undersigned officers of COPsync, Inc. (the "Company"), does hereby certify, to such officer’s knowledge, that:





The Company's Annual Report on Form 10-K for the year ended December 31, 2011 (the “Form 10-K”) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, and that the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in the Form 10-K.





Date: October 11, 2012
By:
/s/ RONALD A. WOESSNERRonald A. WoessnerChief Executive OfficerBy:
/s/ BARRY W. WILSONBarry W. WilsonChief Financial Officer





The forgoing certification is being furnished as an exhibit to the Form 10-K pursuant to Item 601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and, accordingly, is not being filed as part of the Form 10-K for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
CERTIFICATION PURSUANT TO

SECTION 1350, 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 Freedom Financial Holdings, Inc. (the Company) on Form 10-KSB for the period ending December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brian Kistler, 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/Brian Kistler



Brian Kistler

Chief Executive Officer

Freedom Financial Holdings, Inc.



April 15, 2008
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 7
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
BALANCE SHEET AND STATEMENT OF OPERATIONS FOUND ON PAGES 3 AND 4 OF THE
COMPANY'S QUARTERLY REPORT ON FORM 10-Q FOR THE YEAR TO DATE.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<DEBT-HELD-FOR-SALE>                                 0
<DEBT-CARRYING-VALUE>                        1,263,078
<DEBT-MARKET-VALUE>                          1,291,436
<EQUITIES>                                      97,143
<MORTGAGE>                                     586,908
<REAL-ESTATE>                                   92,479
<TOTAL-INVEST>                               2,104,715
<CASH>                                         291,935
<RECOVER-REINSURE>                                   0
<DEFERRED-ACQUISITION>                               0
<TOTAL-ASSETS>                              17,363,508
<POLICY-LOSSES>                              1,209,864
<UNEARNED-PREMIUMS>                                  0
<POLICY-OTHER>                                     725
<POLICY-HOLDER-FUNDS>                          602,194
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,900
<OTHER-SE>                                     853,968
<TOTAL-LIABILITY-AND-EQUITY>                17,363,508
<PREMIUMS>                                   2,086,342
<INVESTMENT-INCOME>                            118,956
<INVESTMENT-GAINS>                               1,446
<OTHER-INCOME>                                 144,907
<BENEFITS>                                   2,129,419
<UNDERWRITING-AMORTIZATION>                          0
<UNDERWRITING-OTHER>                           175,965
<INCOME-PRETAX>                                 46,267
<INCOME-TAX>                                    14,721
<INCOME-CONTINUING>                             31,546
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    31,546
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0


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

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                             735
<SECURITIES>                                        22
<RECEIVABLES>                                      729
<ALLOWANCES>                                        22
<INVENTORY>                                        364
<CURRENT-ASSETS>                                 2,284
<PP&E>                                           8,315
<DEPRECIATION>                                   2,386
<TOTAL-ASSETS>                                  11,116
<CURRENT-LIABILITIES>                            3,822
<BONDS>                                              0
<PREFERRED-MANDATORY>                              246
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                        (78)
<TOTAL-LIABILITY-AND-EQUITY>                    11,116
<SALES>                                          7,721
<TOTAL-REVENUES>                                 7,721
<CGS>                                                0
<TOTAL-COSTS>                                    7,101
<OTHER-EXPENSES>                                   176
<LOSS-PROVISION>                                     5
<INTEREST-EXPENSE>                                 287
<INCOME-PRETAX>                                    444
<INCOME-TAX>                                       173
<INCOME-CONTINUING>                                271
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       271
<EPS-BASIC>                                       3.34
<EPS-DILUTED>                                     2.95


</TABLE>
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Anne Costin (SBN 260126) 

COSTIN LAW INC.

315 Montgomery Street, 10th Floor 

San Francisco, CA 94104 

Tel: (415) 977-0400 

Email: anne@costinlawfirm.com 

Attorney for Creditor TODD HEARN 

 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re 

PG&E CORPORATION 

& 

PACIFIC GAS & ELECTRIC COMPANY, 

 Debtors 

TODD HEARN 

 Creditor and Moving Party 

v. 

PACIFIC GAS & ELECTRIC COMPANY 

 Debtor & Responding Party 

 Bankruptcy Case No. 19-30088 

Chapter 11 

PROOF OF SERVICE 

Dept: Courtroom 17, 16th Floor 

 450 Golden Gate Avenue 

 San Francisco, CA 94102 

Case: 19-30088 Doc# 5239-3 Filed: 12/31/19 Entered: 12/31/19 12:35:35 Page 1

of 2
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PROOF OF SERVICE 

I, Anne Costin, declare that: I am employed in the County of San Francisco, State of California. I am 

over the age of 18, and am not a party to this action. My business address is 315 Montgomery Street, 

10th Floor, San Francisco, California 94104. 

On December 31, 2019, I served: 

SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR RELIEF FROM 

AUTOMATIC STAY 

I served the above listed documents on each of the 365 persons/entities listed on the “Master Service 

List as of 12/24/19” as required by and according to the procedures set forth in Paragraph 9 of the 

Second Amended Case Management Order in this matter, i.e. if a party/entity had an email 

address(es) listed on the Master Service List, I emailed PDF copies of the above documents to that 

email address(es). And for the 9 persons/entities that did not have an email address listed on the 

Master Service List, I mailed hard copies of the above documents to the physical address provided. 

I declare under penalty of perjury under the laws of the State of California that the foregoing is true 

and correct. Executed on December 31, 2019. 

____//s// Anne Costin_____________________________ 

Anne Costin 

Case: 19-30088 Doc# 5239-3 Filed: 12/31/19 Entered: 12/31/19 12:35:35 Page 2

of 2