alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 31.3**

 

 

I, Paul J. Kane, certify that: 

 

1.     I have reviewed this Quarterly Report on Form 10-Q for the fiscal quarter ended June 30, 2007, of Omega Flex, Inc. (the “registrant”); 

 

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 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. 

 

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: June 30, 2007

 

/s/ Paul J. Kane______________________

 

Paul J. Kane

Principal Accounting Officer

 

|   | Page 1 |
|--------|--------|
[Federal Register Volume 61, Number 108 (Tuesday, June 4, 1996)]
[Rules and Regulations]
[Page 28072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13949]



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


DEPARTMENT OF COMMERCE
50 CFR Part 675

[Docket No. 960129019-6019-01; I.D. 052996B]


Groundfish of the Bering Sea and Aleutian Islands Area; 
Sharpchin/Northern Rockfish Species Category in the Aleutian Islands 
Subarea

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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

SUMMARY: NMFS is closing the directed fishery for the sharpchin/
northern rockfish species category in the Aleutian Islands subarea (AI) 
of the Bering Sea and Aleutian Islands management area (BSAI). This 
action is necessary to prevent exceeding the sharpchin/northern 
rockfish species category total allowable catch (TAC) in the AI.

EFFECTIVE DATE: 12 noon, Alaska local time (A.l.t.), May 30, 1996, 
until 12 midnight, A.l.t., December 31, 1996.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive 
economic zone is managed by NMFS according to the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
(FMP) prepared by the North Pacific Fishery Management Council under 
authority of the Magnuson Fishery Conservation and Management Act. 
Fishing by U.S. vessels is governed by regulations implementing the FMP 
at 50 CFR parts 620 and 675.
    In accordance with Sec. 675.20(a)(7)(ii), the sharpchin/ northern 
rockfish species category initial TAC for the AI was established by the 
Final 1996 Harvest Specifications of Groundfish (61 FR 4311, February 
5, 1996) as 4,445 metric tons (mt).
    The Director, Alaska Region, NMFS (Regional Director), has 
determined, in accordance with Sec. 675.20(a)(8), that the sharpchin/
northern rockfish species category initial TAC in the AI soon will be 
reached. Therefore, the Regional Director has established a directed 
fishing allowance of 4,145 mt, with consideration that 300 mt will be 
taken as incidental catch in directed fishing for other species in the 
AI. The Regional Director has determined that the directed fishing 
allowance has been reached. Consequently, NMFS is prohibiting directed 
fishing for the sharpchin/northern rockfish species category in the AI.
    Maximum retainable bycatch amounts for applicable gear types may be 
found in the regulations at Sec. 675.20(h).

Classification

    This action is taken under 50 CFR 675.20 and is exempt from review 
under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 30, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-13949 Filed 5-30-96; 4:21 pm]
BILLING CODE 3510-22-F
**Exhibit 32**

 

**Certificate pursuant to 18 U.S.C. Section 1350, asadopted pursuant to****Section 906****of the Sarbanes-Oxley Act of2002**

 

In connection with the Quarterly Report of FirstBank Financial Services, Inc.(the “Company”) on Form 10-QSB for the period ending March 31, 2005, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, J.Randall Dixon, Chief Executive Officer of the Company, and I, Lisa J. Maxwell,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.               To my knowledge, the Reportfully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

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

 

 
|               | /s/  J. Randall Dixon                         |   |
|--------------------|-----------------------------------------------|--------|
|               | J.  Randall Dixon, President and C.E.O.       |   |
|               | (Principal  Executive Officer)                |   |
|               |                                          |   |
|               |                                          |   |
|               | /s/  Lisa J. Maxwell                          |   |
|               | Lisa  J. Maxwell, C.F.O.                      |   |
|               | (Principal  Financial and Accounting Officer) |   |
|               |                                          |   |
|               |                                          |   |
| May 13,  2005 |                                          |   |

 

----
EXHIBIT 32.1

CERTIFICATE OF CHIEF EXECUTIVE OFFICER  AND CHIEF FINANCIAL OFFICER  OF  VYYO INC.

In connection with the Annual Report of Vyyo Inc. (the "Company") on Form 10-K for the year ending December 31, 2005, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), Davidi Gilo, as Chief Executive Officer of the Company, and Arik Levi, as Chief Financial Officer of the Company, each hereby certifies,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, that:



|/s/DAVIDI GILODavidi Gilo
Chief Executive Officer
March 30, 2006 |  | 
|---------------------------------------------------------------- |  | 
|/s/ARIK LEVIArik Levi
Chief Financial Officer
March 30, 2006     |  | 

---



QuickLinks
<PAGE>

EXHIBIT 10.13(b)


                    SECOND AMENDMENT TO EMPLOYMENT AGREEMENT



This Second Amendment to Employment Agreement is made and entered into as of
July 18, 2000, by and between PriceSmart, Inc., a Delaware Corporation
("Employer") and Kurt A. May ("Executive").


                                    RECITALS

A)   On August 19, 1998 an Employment Agreement was made and entered into by and
     between Employer and Executive.

B)   Effective October 1, 1999, Section 2.1 of the Employment Agreement was
     amended, such that Executive's annual base salary was increased to
     $225,000.

C)   Employer and Executive now desire to further amend the Employment
     Agreement, as set forth hereinbelow:

                                    AGREEMENT

1)   Section 3.1 of the Employment Agreement, which provides:

     3.1  TERM. The term of Executive's employment hereunder shall commence on
     October 19, 1998 and shall continue until October 18, 2000 unless sooner
     terminated or extended as hereinafter provided (the "Employment Term").

is hereby amended, effective as of July 18, 2000, to provide as follows:

     3.1  TERM. The term of Executive's employment hereunder shall commence on
     October 19, 1998 and shall continue until October 18, 2001 unless sooner
     terminated or extended as hereinafter provided (the "Employment Term").


2)   All other terms of the Employment Agreement, as amended, shall remain
     unaltered and fully effective.

Executed in San Diego, California, as of the date first written above.




EXECUTIVE                                                     EMPLOYER
                                            PRICESMART, INC.

/s/ Kurt A. May                             By: /s/ Allan C. Youngberg
----------------------
                                            Name: Allan C. Youngberg

                                            Its: Executive Vice President
                                                 and Chief Financial Officer
#### William V. DIEHL, et al., Plaintiffs/Respondents, v. Thomas DIEHL, Defendant/Appellant.

No. 68677.

Missouri Court of Appeals, Eastern District, Division Three.

Sept. 10, 1996.

Nicholas Glen Higgins, Fenton, for appellant.

*409Clifford L. Goetz, Clayton, for respondents.

Before CRAHAN, P.J., and GRIMM and HOFF, JJ.

*ORDER*

PER CURIAM.

In this equity matter, the trial court found that defendant, trustee of a revocable living trust, breached his fiduciary duty. Among other things, it ordered defendant, as well as certain plaintiffs, to transfer assets back to the trust. Further, it ordered defendant to pay certain sums.

Defendant raises eleven points on appeal. We affirm.

No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

The judgment is affirmed pursuant to Rule 84.16(b).
# **Exhibit 32.1**

CERTIFICATIONSPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, David T. Gulian, the Chief ExecutiveOfficer of InfoLogix, Inc. (the “Company”), hereby certify, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 ofthe Sarbanes-Oxley Act of 2002, that:

·                  the Form 10-Q of the Company for the three months ended March 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the “Form 10-Q”), 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

·                  the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: May 15, 2007

| /s/ David T. Gulian                   |   |   |
|---------------------------------------|--------|--------|
| David T. Gulian                       |   |
| President and Chief Executive Officer |   |

 

----
EXHIBIT 31.2


CERTIFICATIONS OF THE CHIEF FINANCIAL OFFICER


UNDER SECTION 302 OF THE SARBANES-OXLEY ACT





I, H. MacGregor Clarke, certify that:





1. I have reviewed this report on Form 10-Q for the period ended June 30, 2009 of AeroGrow International 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 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 registrant and we 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 issuer’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 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:  August 19, 2009
By:
/s/ H. MacGregor ClarkeH. MacGregor ClarkeChief Financial Officer
(Principal Financial 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



      In connection with the Quarterly report of Smitten Press: Local Lore and
Legends, Inc. (the "Company") on Form 10-QSB for the period ending September 30,
2005, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Richard Smitten, acting in the capacity as the Chief
Executive Officer and Chief Financial Officer of the Company, certify to the
best of my knowledge, 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/ Richard Smitten
-------------------
    Richard Smitten
    President, CEO, Principal Financial Officer and Principal
    Accounting Officer

November 10, 2005
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Garrick Solomon, 

Petitioner, 

v. 

Charles L Ryan, et al., 

Respondents.

No. CV-17-04508-PHX-DLR

ORDER 

 Before the Court is Petitioner Garrick Solomon’s Petition for Writ of Habeas 

Corpus pursuant to 28 U.S.C. § 2254 and United States Magistrate Judge James F. 

Metcalf’s Report and Recommendation (“R&R”). (Docs. 1, 15.) The R&R recommends 

that the Court deny the Petition and dismiss with prejudice because it is barred by the 

habeas statute of limitations, and Ground 1’s exclusionary rule claim is not cognizable on 

habeas. The Magistrate Judge advised the parties that they had fourteen days to file 

objections to the R&R and that failure to file timely objections could be considered a 

waiver of the right to obtain review of the R&R. See United States v. Reyna-Tapia, 328 

F.3d 1114, 1121 (9th Cir. 2003). Petitioner did not file objections, which relieves the 

Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas 

v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any review at 

all . . . of any issue that is not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) 

(“The district judge must determine de novo any part of the magistrate judge’s 

disposition that has been properly objected to.”). The Court has nonetheless reviewed the 
- 2 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

R&R and finds that it is well-taken. The Court will accept the R&R and deny the Petition 

and dismiss with prejudice. See 28 U.S.C. § 636(b)(1) (stating that the district court 

“may accept, reject, or modify, in whole or in part, the findings or recommendations 

made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, 

or modify the recommended disposition; receive further evidence; or return the matter to 

the magistrate judge with instructions.”). 

IT IS ORDERED that Magistrate Judge MetCalf’s R&R (Doc. 15) is 

ACCEPTED. Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1.) is DISMISSED 

with prejudice. The Clerk of the Court shall terminate this case. 

 Dated this 31st day of July, 2018. 

Douglas L. Rayes 

United States District Judge
CORE/3505308.0002/142250448.1 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Carrie M. Francis (020453)

Stefan M. Palys (024752) 

Michael Vincent (029864)

STINSON LEONARD STREET LLP

1850 North Central Avenue, Suite 2100 

Phoenix, Arizona 85004-4584 

Tel: (602) 279-1600 

Fax: (602) 240-6925 

Email: carrie.francis@stinson.com

 stefan.palys@stinson.com

 michael.vincent@stinson.com 

Attorneys for Defendants 

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

Jeremy Thacker, No. 2:18-cv-00063-PHX-DJH

DEFENDANTS’ NOTICE OF 

SERVICE OF SUPPLEMENTAL 

DISCLOSURE STATEMENT 

Plaintiff,

v.

GPS Insight, LLC; Robert J. Donat, 

Individually and as Trustee of The 

Robert Donat Living Trust Dated April 

19, 2017; 

Defendants.

Defendants hereby give notice, pursuant to General Order 17-08, of service upon 

Plaintiff of Defendants’ Twelfth Supplemental Disclosure Statement by e-mail on 

August 31, 2018. 

RESPECTFULLY SUBMITTED this 31st day of August, 2018. 

STINSON LEONARD STREET LLP 

By: /s/ Michael Vincent 

Carrie M. Francis

Stefan M. Palys 

Michael Vincent

1850 North Central Avenue, Suite 2100

Phoenix, Arizona 85004-4584 

Attorneys for Defendants

Case 2:18-cv-00063-DJH Document 106 Filed 08/31/18 Page 1 of 2
2 

CORE/3505308.0002/142250448.1 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

CERTIFICATE OF SERVICE 

I hereby certify that on August 31, 2018, I caused the foregoing document to be 

filed electronically with the Clerk of Court through ECF; and that ECF will send an enotice of the electronic filing to: 

Kraig J. Marton 

Jeffrey A. Silence 

Jaburg & Wilk, P.C. 

3200 N. Central Avenue, 20th Fl 

Phoenix, AZ 85012 

kjm@jaburgwilk.com 

jxs@jaburgwilk.com 

Attorneys for Plaintiff 

Timothy B. O’Connor 

Schneider & Onofry, PC 

365 East Coronado Road 

Phoenix, Arizona 85004 

toconnor@soarizonalaw.com 

Attorneys for Defendant Donat 

/s/ C. Roundtree 

Case 2:18-cv-00063-DJH Document 106 Filed 08/31/18 Page 2 of 2
Exhibit 21.1

Subsidiaries of the registrant



|                                                      |  |                              |  |          
|----------------------------------------------------- |  | ---------------------------- |  | ---------
|Direct and Indirect Subsidiaries                      |  | Jurisdiction of Organization |  | Ownership
|Sohu ITC Information Technology (Beijing) Co., Ltd.   |  | Peoples Republic of China   |  | 100%     
|                                                      |  |                             
|Sohu.com (Hong Kong) Ltd.                             |  | Hong Kong                    |  | 100%     
|                                                      |  |                             
|Sohu.com Limited                                      |  | Cayman Islands               |  | 100%     
|                                                      |  |                             
|Beijing Sohu New Era Information Technology Co., Ltd. |  | Peoples Republic of China   |  | 100%     
|                                                      |  |                             
|Beijing Sohu Interactive Software Co., Ltd.           |  | Peoples Republic of China   |  | 100%     
|                                                      |  |                             
|Kylie Enterprises Limited                             |  | British Virgin Islands       |  | 100%     
|                                                      |  |                             
|All Honest International Limited                      |  | British Virgin Islands       |  | 100%     
|                                                      |  |                             
|Marvel Hero Limited                                   |  | Hong Kong                    |  | 100%     
|                                                      |  |                             
|Go2Map Inc.                                           |  | Cayman Islands               |  | 100%     
|                                                      |  |                             
|Go2Map Software (Beijing) Co., Ltd                    |  | Peoples Republic of China   |  | 100%     
|                                                      |  |                             
|Sohu.com (Search) Limited                             |  | Cayman Islands               |  | 100%     
|                                                      |  |                             
|Sogou Inc.                                            |  | Cayman Islands               |  | 100%     
|                                                      |  |                             
|Sogou.com Limited                                     |  | British Virgin Islands       |  | 100%