alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 11-633V

Filed: December 29, 2014

Not for Publication

*************************************

ROSS BERGSTEDT, *

* 

 Petitioner, * 

* Attorneys’ fees and costs decision;

v. * an amount to which respondent does

* not object

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

 * 

Respondent. *

*

************************************* 

Jay A. Bansal, Tempe, AZ, for petitioner.

Julia W. McInerny, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS1

Petitioner submitted his request for attorneys’ fees and costs to respondent. During 

informal discussions, respondent raised objections to certain aspects of petitioner’s application. 

Based on these objections, petitioner amends his application for attorneys’ fees and costs to 

$83,600.00. On December 23, 2014, respondent’s counsel emailed the undersigned’s law clerk, 

reciting these events and stating that respondent does not object to this amount. The undersigned 

finds this amount to be reasonable. In accordance with General Order #9, petitioner’s counsel

asserts that petitioner did not incur any costs in pursuit of his petition. 

 

1Because this unpublished decision contains a reasoned explanation for the special master's action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 

Claims's website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 

2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be 

made available to the public unless they contain trade secrets or commercial or financial information that 

is privileged and confidential, or medical or similar information whose disclosure would constitute a 

clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify 

and move to redact such information prior to the document=s disclosure. If the special master, upon 

review, agrees that the identified material fits within the banned categories listed above, the special 

master shall redact such material from public access.
2

Accordingly, the court awards $83,600.00, representing reimbursement for attorneys’ 

fees and costs. The award shall be in the form of a check payable jointly to petitioner and Law 

Offices of Jay A. Bansal for $83,600.00.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: December 29, 2014 /s/ Laura D. Millman 

 Laura D. Millman

 Special Master

 

2

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review.
EXHIBIT 32.1


Certification of the Chief Executive Officer and Chief
Financial Officer
 pursuant to Section 906 of the Sarbanes Oxley Act of
2002


In
connection with the Annual Report on Form 10-K of Sabre Industrial (the
"Company") for the year ended March 31, 2010 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned Michael
Anthony, Chief Executive Officer and Chief Financial Officer of Sabre
Industrial, 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: April 23,
      2010
            /s/ Michael Anthony
              Michael
      Anthony
              Chief
      Executive Officer
              
              
              /s/ Michael Anthony
              Michael
      Anthony
              Chief
      Financial Officer
**Exhibit 31.1****CERTIFICATION**I, Kenneth M. Schwartz, certify that:1. I have reviewed this Quarterly Report on Form 10-Q/A of K&F Industries Holdings, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:(a) designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which this report isbeing prepared;(b) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and(c) disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscalquarter (the registrant’s fourth fiscal quarter in the case of an annual report)that has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of registrant’s board of directors (or personsperforming the equivalent function):(a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financialinformation; and(b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.                 Date:March 16, 2006 /s/ KENNETH M. SCHWARTZ         Kenneth M. Schwartz    President and Chief Executive Officer
**Exhibit 32**

 

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

The undersigned, the Chief Executive Officer and the Chief FinancialOfficer of Independence Bancshares, Inc. (the “Company”), each certifythat, to his or her knowledge on the date of this certification:

 

1.               The quarterly report of theCompany for the period ended June 30, 2010 as filed with the Securitiesand Exchange Commission on this date (the “Report”) fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

2.               The information contained inthe Report fairly presents, in all material respects, the financial conditionand result of operations of the Company.

 

 
| Date:    August 9,  2010 | By:                                                    | /s/ Lawrence R. Miller |
|---------------------------------------------------|--------------------------------------------------------|------------------------|
|                                              | Lawrence R. Miller                                     |
|                                              | Chief Executive Officer  (Principal Executive Officer) |
|                                              |                                                   |
| Date:    August 9,  2010 | By:                                                    | /s/ Katie N. Tuttle    |
|                                              | Katie N. Tuttle                                        |
|                                              | Chief Financial Officer (Principal Financial Officer)  |

 

----
Exhibit 32

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

The undersigned hereby certifies that, to his or her knowledge, (i) the Form 10-K filed by Uwharrie Capital Corp (the Issuer) for the fiscal year ended December 31, 2010,
fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii) the information contained in that report fairly presents, in all material respects, the financial condition and results
of operations of the Issuer on the dates and for the periods presented therein.



|                     |  |                            
|-------------------- |  | ---------------------------
|Date: March 29, 2011 |  | /s/ Roger L. Dick          
|                     |  | Roger L. Dick              
|                     |  | Chief Executive Officer    
|                     | 
|Date: March 29, 2011 |  | /s/ Robert O. Bratton      
|                     |  | Robert O. Bratton          
|                     |  | Principal Financial Officer



1
Exhibit 23.1

                    CONSENT OF CERTIFIED PUBLIC ACCOUNTANTS


TO: Para Mas Internet, Inc.

As independent certified public accountants, we hereby consent to the
incorporation by reference in the Annual Report on Form 10-KSB under
the Securities Exchange Act of 1934 of Para Mas Internet, Inc. for the
year ended June 30, 2000 of our report dated July 10, 2000 and
contained in the Registration Statement No. 333-65476 of Para Mas
Internet, Inc.  Form  S-8 under the Securities Act of 1933 insofar as
such report relates  to the financial statements of Para Mas Internet,
Inc. for the year ended June 30, 2000.

                     /s/ RUSSELL BEDFORD STEFANOU MIRCHANDANI LLP
                         Russell Bedford Stefanou Mirchandani LLP

McLean, Virginia
October 11, 2003
#### Franklin B. Lieberman, Appellant, v Waterways Park Associates I et al., Respondents.

Order, Supreme Court, New York County (Stanley Sklar, J.), entered November 9, 1988, which, *inter alia,*dismissed petitioner’s application to stay arbitration and granted respondents’ cross motion to dismiss the petition and compel arbitration, unanimously affirmed, with costs and disbursements.

Petitioner is a limited partner of Waterways Park Associates I, II and III, which are New Jersey limited partnerships engaged in the ownership and development of real estate in Florida. Respondents are general partners of the partnerships. A dispute arose between the parties in 1988 concerning petitioner’s allegations of, *inter alia,*an improper dilution of his interest in the partnerships. When petitioner attempted to bring an action in Florida State court, respondents successfully interposed a demand for arbitration and stayed the Florida litigation pursuant to a broad arbitration clause in their partnership agreement. Subsequently, petitioner brought *106this proceeding in New York Supreme Court to stay the arbitration proceedings which is to be governed by the laws of New Jersey. The IAS court dismissed the petition and granted respondents’ cross motion to compel arbitration. We affirm.

The announced public policy of New Jersey favors and encourages the resolution of disputes through arbitration. The duty to arbitrate and the scope of the arbitration are dependent solely on the agreement of the parties. *(Cohen v Allstate Ins. Co.,*231 NJ Super 97, 555 A2d 21.) The agreement signed by petitioner and respondents on December 17, 1984 clearly and unambiguously expresses the intention of the parties to resort to the arbitral forum to resolve their disputes. Furthermore, there is no doubt that under the arbitration clause, which compels the parties to submit to arbitration "any controversy or dispute arising out of or relating to this Agreement”, disputes between limited partners and general partners, as well as the subject matter of this dispute, were intended to be covered. Moreover, mutuality of remedy is not required in arbitration contracts. *(Kalman Floor Co. v Joseph L. Muscarelle, Inc.,*196 NJ Super 16, 481 A2d 553, *affd*98 NJ 266, 486 A2d 334; *see also, Sablosky v Gordon Co.,*73 NY2d 133, 137.)

We have considered petitioner’s other claims in this regard and find them to be without merit. Concur—Murphy, P. J., Sullivan, Carro, Kassal and Wallach, JJ.
EXHIBIT 32.1

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

     In connection  with the filing by Assure Data,  Inc. (the "Company") of the
Quarterly  Report  on Form  10-QSB  for the  period  ending  June 30,  2006 (the
"Report"), the undersigned hereby certifies:

     1.   The Report fully complies with the  requirements  of Section 13(a) and
          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 respects, the financial condition and
          results of operations of the Company.



                                       Date:  November 16, 2006

                                        /s/  Robert Lisle
                                       -----------------------------------------
                                       Robert Lisle, Chief Executive Officer and
                                       Chief Financial Officer
EXHIBIT 23.1CONSENT OF STONEFIELD JOSEPHSON, INC., INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMWe consent to the incorporation by reference in the Registration Statements (Forms S-3 Nos.333-82934, 333-89840, 333-105288 and 333-110197) of IntraBiotics Pharmaceuticals, Inc. and in therelated prospectuses, and in the Registration Statements (Forms S-8 Nos. 333-40524, 333-65616,333-101632, 333-108096 and 333-117140) pertaining to the Amended and Restated 1995 Stock OptionPlan, the 2000 Equity Incentive Plan, the 2000 Employee Stock Purchase Plan, the 2002 Non-OfficerEquity Incentive Plan, the 2004 Stock Incentive Plan and option agreements with Kathleen D. LaPorteand Ernest Mario Ph.D., of IntraBiotics Pharmaceuticals, Inc., of our report dated January 27,2006, with respect to the financial statements of IntraBiotics Pharmaceuticals, Inc. included inthis Annual Report (Form 10-K) for the year ended December 31, 2005./s/ STONEFIELD JOSEPHSON, INC.
EXHIBIT 31.2
                                 CERTIFICATIONS

         I, William Smith, certify that:

1. I have reviewed this annual report on Form 10-KSB of Adsero Corp.

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
small business issuer as of, and for, the periods presented in this annual
report;

4. The small business issuer's other certifying officer and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer 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 small business issuer,
including its consolidated subsidiaries, is made known to us by others within
those entities, particularly during the period in which this annual report is
being prepared;

   (b) Evaluated the effectiveness of the small business issuer'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 small business issuer's
internal control over financial reporting that occurred during the period
covered by this annual report that has materially affected, or is reasonably
likely to materially affect, the small business issuer's internal control over
financial reporting; and

5. The small business issuer's other certifying officer and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
small business issuer's board of directors (or persons performing the equivalent
functions):

   (a) All significant deficiencies and material weakness in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer'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 small business issuer's internal
control over financial reporting.

             Date: May 10, 2006             /s/ William Smith
                                            ---------------------------
                                            William Smith
                                            Principal Financial Officer
**EXHIBIT 32**

** **

**CERTIFICATIONPURSUANT TO**18 U.S.C. §1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

** **

In connectionwith the Quarterly Report of SoftBrands, Inc. (the “Company”) on Form 10-Q forthe period ended March 31, 2006, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), the undersigned, the ChiefExecutive Officer and the Chief Financial Officer of the Company, certify,pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

 

**1.**                                       The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

** **

**2.**                                       The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
|   | /s/ RANDAL B.  TOFTELAND                                              |         |
|--------|-----------------------------------------------------------------------|--------------|
|   | Randal B.  Tofteland, President, Chief Executive Officer and Director |         |
|   |                                                                  |         |
|   | Date:                                                                 | May 12, 2006 |   |
|        |                                                                       |              |  |  |  |

 

 
|   | /s/ DAVID G.  LATZKE                                                           |         |
|--------|--------------------------------------------------------------------------------|--------------|
|   | David G. Latzke,  Chief Financial Officer, Senior Vice President and Secretary |         |
|   |                                                                           |         |
|   | Date:                                                                          | May 12, 2006 |   |
|        |                                                                                |              |  |  |

 

1

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[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Notices]
[Page 19773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9741]



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


DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to Clean Air Act

    In accordance with Department of Justice policy, 28 C.F.R. 
Sec. 50.7, notice is hereby given that on April 3, 1995 a proposed 
Consent Decree in United States v. Coleman Trucking, Inc. et al., Case 
No. 1:91CV0499, was lodged in the United States District Court for the 
Northern District of Ohio. The Complaint filed by the United States 
alleged violations of the Clean Air Act and the National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for Asbestos, 40 C.F.R. 
part 61, subpart M. The Consent Decree requires the defendant to comply 
with the asbestos NESHAP and provide U.S. EPA approved training to its 
asbestos abatement workers and inspectors during the term of the 
decree. The Consent Decree also requires the defendant to pay a civil 
penalty of $60,000.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments concerning the proposed 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, U.S. Department of 
Justice, P.O. Box 7611, Ben Franklin Station, Washington, D.C. 20044, 
and should refer to United States v. Coleman Trucking, Inc. et al., 
D.J. Ref. No. 90-5-2-1-1378A.
    The proposed Consent Decree may be examined at any of the following 
offices: (1) The United States Attorney for the Northern District of 
Ohio, Room 208 U.S. Courthouse, 2 South Main St, Akron, Ohio 44308 
(contact Assistant United States Attorney James L. Bickett); (2) the 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604-3590 (contact Assistant Regional 
Counsel Deborah Carlson); and (3) at the Consent Decree Library, 1120 G 
Street NW., 4th Floor, Washington, D.C. 20005, (202) 624-0892. Copies 
of the proposed Consent Decree may be obtained in person or by mail 
from the Consent Decree Library, 1120 G Street NW., 4th Floor, 
Washington, DC 20005. For a copy of the Consent Decree please enclose a 
check in the amount of $3.00 (25 cents per page reproduction charge) 
payable to Consent Decree Library.
Joel Gross,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-9741 Filed 4-19-95; 8:45 am]
BILLING CODE 4410-01-M