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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Fernando Gastelum, 

Plaintiff, 

v. 

HPT Suite Properties Trust, 

Defendant. 

No. CV-18-00388-PHX-DJH

ORDER 

This matter having recently come before the Court, 

 IT IS ORDERED that a motion pursuant to Federal Rule of Civil Procedure 12(b) 

is discouraged if the defect can be cured by filing an amended pleading. Therefore, the 

parties must meet and confer prior to the filing of a motion to dismiss to determine 

whether it can be avoided.1

 Consequently, motions to dismiss must be accompanied by a 

notice of certification of conferral indicating that the parties have conferred to determine 

whether an amendment could cure a deficient pleading and have been unable to agree that 

the pleading is curable by a permissible amendment. In addition, parties shall endeavor 

not to oppose motions to amend that are filed prior to the Rule 16 Scheduling Conference 

or within the time set forth in the Rule 16 Scheduling Order. Motions to dismiss that do 

not contain the required certification are subject to be stricken on the Court’s motion. 

 

1

 This case is subject to the Mandatory Initial Discovery Pilot Project (MIDP). Pursuant to the MIDP, parties must file answers, counterclaims, crossclaims, and replies within the time set forth in Rule 12(a)(1)-(3), even if they have filed or intend to file a 

motion to dismiss or other preliminary motion. (Doc. 4). 

Case 2:18-cv-00388-DJH Document 6 Filed 02/05/18 Page 1 of 2
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 IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order upon 

Defendant and file notice of service. 

 Dated this 5th day of February, 2018. 

Honorable Diane J. Humetewa

United States District Judge 

Case 2:18-cv-00388-DJH Document 6 Filed 02/05/18 Page 2 of 2
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

In connection with this Report on Form 10-Q for the three months ended December 31, 2007 (the Report) of PennantPark Investment Corporation (the Registrant), as filed with the Securities
and Exchange Commission on the date hereof, I, Aviv Efrat, Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                
|----------------
|/s/ Aviv Efrat  
|Aviv Efrat      
|February 8, 2008
[Federal Register Volume 61, Number 117 (Monday, June 17, 1996)]
[Notices]
[Pages 30592-30593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15231]



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

DEPARTMENT OF COMMERCE
Bureau of the Census
[Docket No. 960529150-6150-01]


Survey of Environmental Products and Services

AGENCY: Bureau of the Census, Commerce.

ACTION: Notice of consideration.

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

SUMMARY: Notice is hereby given that the Bureau of the Census is 
considering a proposal to conduct the Survey of Environmental Products 
and Services for the year 1995 under the authority of Title 13, United 
States Code, Sections 131 and 193. On the basis of information and 
recommendations received by the Bureau of the Census and other 
agencies, the data have significant application to the needs of the 
public and industry.

DATES: Any suggestions or recommendations concerning the proposed 
survey should be submitted in writing by July 17, 1996 in order to 
receive consideration.

ADDRESSES: Director, Bureau of the Census, Washington, D.C. 20233.

FOR FURTHER INFORMATION CONTACT: Elinor Champion, Chief, Environmental, 
Technical and Innovation Branch, Manufacturing and Construction 
Division (301) 457-4683.

SUPPLEMENTARY INFORMATION: The primary users of these data will be 
numerous Government agencies, including the Bureau of the Census, 
Environmental Protection Agency, and the International Trade 
Administration. Other users include business firms, academics, trade 
associations, and research and consulting organizations. The data will 
be used to measure and analyze the environmental industry and serve as 
a tool to promote international trade of environmental goods. The

[[Page 30593]]

information to be developed from this survey is necessary for 
comprehensive and detailed measurement of environmental goods and 
services. The data collected in this survey will be within the general 
scope and nature of those inquiries covered by the economic census.
    This survey has been submitted to the Office of Management and 
Budget for approval in accordance with the Paperwork Reduction Act, 
Public Law 104-13. Copies of the proposed form are made available on 
request to the Director, Bureau of the Census, Washington, D.C. 20233.

    Dated: May 29, 1996.
Martha Farnsworth Riche,
Director. Bureau of the Census.
[FR Doc. 96-15231 Filed 6-14-96; 8:45 am]
BILLING CODE 3510-07-P
---

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Mark McLeary, Chief Executive Officer of Del
Toro Silver Corp. (the Company) hereby certifies pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

| | (1) | the Quarterly Report on Form 10-Q of the Company for the
      period ended January 31, 2010 (the Report) fully complies with the
      requirements of Section 13(a) or Section 15(d), as applicable, of the
      Securities Exchange Act of 1934, as amended; 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: March 18, 2010 | By:
      /s/ Mark McLeary                            
|--------------------- | ------------------------------------------------------
|                      | Mark McLeary                                          
|                      | President, Secretary, Treasurer, Chief
      Executive
|                      | Officer                                               
|                      | (Principal Executive Officer)                         

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Del Toro Silver
Corp. and will be retained by Del Toro Silver Corp. and furnished to the
Securities and Exchange Commission or its staff upon request.

---
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

In connection with the Annual Report of Annapolis Bancorp, Inc. (the Company) on Form 10-K for the year
ending December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard M. Lerner, 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, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|               |  |                        
|-------------- |  | -----------------------
|March 30, 2009 |  | /s/ Richard M. Lerner  
|               |  | Richard M. Lerner      
|               |  | Chief Executive Officer
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Notices]
[Page 29547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14677]



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

DEPARTMENT OF ENERGY
[Docket No. TQ96-3-35-000]


West Texas Gas, Inc.; Notice of Proposed Changes in FERC Gas 
Tariff

June 5, 1996.
    Take notice that on May 31, 1996, West Texas Gas, Inc. (WTG), 
tendered for filing proposed changes in its FERC Gas Tariff, First 
Revised Volume No. 1. WTG submitted Nineteenth Revised Sheet No. 4 to 
be effective July 1, 1996.
    WTG states that this tariff sheet and the accompanying explanatory 
schedules constitute WTG's quarterly PGA filing submitted in accordance 
with the Commission's purchased gas adjustment regulations.
    WTG state that copies of the filing were served upon WTG's 
customers and interested state commissions.
    Any persons desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, D.C. 20426, 
in accordance with Sections 385.214 and 385.211 of the Commission's 
Rules and Regulations. All such motions or protest must be filed as 
provided in Section 154.210 of the Commission's Regulations Protests 
will be considered by the Commission in determining the appropriate 
action to be taken, but will not serve to make the protestants parties 
to the proceeding. Any person wishing to become a party must file a 
motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection in the Public 
Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 96-14677 Filed 6-10-96; 8:45 am]
BILLING CODE 6717-01-M
|  | (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:       March 4, 2009                   |   |   |   |
|---------------------------------------------------|--------|--------|--------|
|                                              |   |   |   |
| /s/       G. Richard Smith                   |   |   |   |
| G.      Richard SmithChief      Financial Officer |   |   |   |

----
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-6375

COREY A. THOMAS,

Petitioner - Appellant,

v.

NC DEPARTMENT OF PUBLIC SAFETY,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. Terrence W. Boyle, District Judge. (5:20-hc-02026-BO)

Submitted: December 10, 2021 Decided: February 7, 2022

Before KING and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Corey A. Thomas, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 21-6375 Doc: 9 Filed: 02/07/2022 Pg: 1 of 2
2

PER CURIAM:

Corey A. Thomas seeks to appeal the district court’s order denying relief on his 28 

U.S.C. § 2254 petition. The order is not appealable unless a circuit justice or judge issues 

a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A). A certificate of appealability 

will not issue absent “a substantial showing of the denial of a constitutional right.” 28 

U.S.C. § 2253(c)(2). When the district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists could find the district court’s 

assessment of the constitutional claims debatable or wrong. See Buck v. Davis, 137 S. Ct. 

759, 773-74 (2017). When the district court denies relief on procedural grounds, the 

prisoner must demonstrate both that the dispositive procedural ruling is debatable and that 

the petition states a debatable claim of the denial of a constitutional right. Gonzalez v. 

Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)). 

We have independently reviewed the record and conclude that Thomas has not made 

the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the 

appeal. We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process. 

DISMISSED

USCA4 Appeal: 21-6375 Doc: 9 Filed: 02/07/2022 Pg: 2 of 2
Change in Control Severance Plan Participation Schedule of James Gelder



 Exhibit 10.19 
 NATIONAL FINANCIAL PARTNERS CORP. 
 CHANGE IN CONTROL SEVERANCE PLAN 
 PARTICIPATION SCHEDULE 
 July 1, 2007 
  
 Mr. James R.
Gelder 
 We are offering you the opportunity to become a Participant in the National Financial Partners Corp. Change in Control Severance
Plan (the “Plan”). All defined terms used herein shall have the meaning ascribed to them in the Plan. 
 As a condition to your
participation in the Plan, you must execute this Participation Schedule evidencing your agreement to be bound by all the terms of the Plan, including without limitation the provisions of Article 11 thereof. 
 Except as may be provided under any other agreement between you and the Company, your employment by the Company is “at will.” The Plan does not
constitute a contract of employment or impose on the Company any obligation to retain you as an employee, to change the status of your employment, or to change the policies of the Company regarding termination of employment. 
 For purposes of the Plan, your participation shall be determined based upon the following: 
 (a) Severance Factor: Two (2) 
 (b) Benefit Continuation Period: NFP shall continue to pay the employer contributions to each of the Company’s benefit plans under which the Participant is entitled to and does elect continuation coverage
pursuant to Section 4980B of the Code the Internal Revenue Code of 1986, as amended (the “Code”) or “COBRA” until the earlier of (i) the two year anniversary of the Termination Date and (ii) the date on which the
Participant becomes eligible for benefit plans of a new employer such that, if the Participant enrolled in such benefit plans (whether or not the Participant does so enroll) the Participant’s entitlement to continuation of coverage under COBRA
would cease. NFP shall continue to pay or make available Fringe Benefits to the extent such benefits were provided prior to the Termination Date, and to the extent such benefits are still available to former employees, through the second anniversary
of the Termination Date. 
 (c) Gross-Up Payment: The Gross-Up Payment provided under Section 7.1 of the Plan will
apply to the Participant. 
 Executed as of this 23rd day of July, 2007. 
  

	
	
	/s/ James R. Gelder
	 James R. Gelder

	
	National Financial Partners Corp.
	
	 /s/ Jessica Bibliowicz

	 By: Jessica Bibliowicz
 Title: Chairman, CEO & President

	
	NFP Insurance Services, Inc.
	
	 /s/ R. Bredt Norwood

	 By: R. Bredt Norwood
 Title: SVP and General Counsel
**Exhibit 32.2**

 

**CERTIFICATION OF PERIODIC REPORT**

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Roderick Bartlett, Chief Financial Officer of TransAct Energy Corp., (the “Company”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge:

 

(1)the Quarterly Report on Form 10-Q, of the Company for the fiscal quarter ended June 30, 2022 (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 78 o(d)); and 

 

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

 

Date: July 14, 2022

 

*/s/ Rod Bartlett*

Roderick Bartlett

Chief Financial Officer

 

 

 

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act has been furnished to TransAct Energy Corp. and will be retained by TransAct Energy Corp. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.2

 

 

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

 

In connection with the Quarterly Report of Dunn Mining Inc. (the “Company”) on Form 10-QSB for the period ended May 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:

 

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

 

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

 

 

Date:  July 14, 2008

 

 

/s/ Gregory Paul Byrne

Gregory Paul Byrne, Principal Financial Officer
**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**AND CHIEF FINANCIAL OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350**

 

In connection with the accompanying Quarterly Report on Form 10-QSB of 511410, Inc., for the Quarter Ending July 31, 2006, I, Ken Osako, Chief Executive Officer and Chief Financial Officer of 511410, Inc. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that: 

 

1.    Such Quarterly Report on Form 10-QSB for the period ending July 31, 2005, 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 such Quarterly Report on Form 10-QSB for the period ended July 31, 2006, fairly represents in all material respects, the financial condition and results of operations of 511410, Inc. 

 
| Dated: September 21, 2006 |
|---------------------------|

 

**511410, INC.**

 
| By: | */s/ Ken Osako*Chief Executive Officer andChief Financial Officer |
|-----|-------------------------------------------------------------------|
#### Ralph G. JONES, et al., Respondents, v. FLITELINE MOTORS, INC., Appellant.

No. WD 46097.

Missouri Court of Appeals, Western District.

April 6, 1993.

Steven Douglas Wolcott, Liberty, for appellant.

Hayward G. Lafferty, Jr., Kansas City, for respondents.

*741Before KENNEDY, P.J., and BERREY and SPINDEN, JJ.

ORDER

PER CURIAM.

Appeal from jury verdict awarding judgment to plaintiffs for unpaid rent. Judgment affirmed. Rule 84.16(b).
CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

Exhibit 32.2

In connection
with this Report on Form 10-Q for the three months ended December 31, 2016 (the Report) of PennantPark Investment Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I,
Aviv Efrat, Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, that:

(1) The Report fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

(2) The information contained in
the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.



|                              
|------------------------------
|/s/ Aviv Efrat                
|Name: Aviv Efrat              
|Title: Chief Financial Officer
|Date: February 8, 2017