alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

MARTIN RACHILLA, JOSEPH E. CRAIG,

JR., JOHN R. WAHLER, RONALD L.

ROYER, DOROTHY GANTZ, CHARLES

CULLEY, DAVID MOORE, Case Number 08-14771-BC 

INTERNATIONAL UNION, UNITED Honorable Thomas L. Ludington

AUTOMOBILE, AEROSPACE &

AGRICULTURAL IMPLEMENT WORKERS

OF AMERICA-UAW,

Plaintiffs,

vs.

MACK TRUCKS, INC., MACK TRUCKS, INC.

RETIREE WELFARE BENEFIT PLAN, 

Defendants.

______________________________________ /

ORDER DENYING PLAINTIFFS’ MOTION FOR LEAVE TO CONDUCT DISCOVERY

PRIOR TO RULE 26(F) CONFERENCE

On November 12, 2008, Plaintiffs filed a complaint alleging claims under the Labor

Management Relations Act (“LMRA”), 29 U.S.C. § 185, and the Employee Retirement Income

Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(1)(B). Plaintiffs seek damages and an

injunction to recover benefits allegedly due and to remedy an alleged breach of fiduciary duty. On

November 24, 2008, Plaintiffs filed a motion for a preliminary injunction [Dkt. # 9]. Meanwhile,

on November 21, 2008, Defendants filed a motion to dismiss or to stay or transfer venue. Both

motions are scheduled for hearing on February 4, 2009.

On December 22, 2008, Plaintiffs filed a motion for leave to conduct discovery prior to Rule

26(f) conference [Dkt # 28]. Defendants filed a response the same day. Under Federal Rule of Civil

Procedure 26(d)(1), “[a] party may not seek discovery from any source before the parties have

1:08-cv-14771-TLL-CEB Doc # 35 Filed 01/12/09 Pg 1 of 2 Pg ID 1264
conferred as required by Rule 26(f), except . . . when authorized by these rules, by stipulation, or by

court order.” At this juncture, Plaintiffs seek a court order permitting them to engage in discovery

prior to the hearing on their motion for a preliminary injunction. Plaintiffs characterize the

discovery they seek as “basic bargaining history documents.” According to Plaintiffs, these

documents would aid the Court in deciding their motion because the documents implicate Plaintiffs’

likelihood of success on the merits.

While Plaintiffs may be entitled to the discovery that they seek if the case proceeds on the

merits, the discovery is not relevant to Defendants’ pending motion to dismiss or necessary to

Plaintiffs’ motion for a preliminary injunction.

Accordingly, it is ORDERED that Plaintiffs’ motion for leave to conduct discovery prior

to Rule 26(f) conference [Dkt # 28] is DENIED.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: January 12, 2009

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on January 12, 2009

s/Tracy A. Jacobs 

TRACY A. JACOBS

1:08-cv-14771-TLL-CEB Doc # 35 Filed 01/12/09 Pg 2 of 2 Pg ID 1265
Exhibit 32.02    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 POWRtec International Corp. (the Company) on Form 10-Q for the period ending June 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Simon Westbrook, Chief Financial Officer, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:  (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/ Simon Westbrook By: Simon Westbrook Chief Financial Officer  Dated: August 14, 2012  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 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from the
Consolidated Balance Sheets and Consolidated Income Statements and is qualified
in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          10,844
<SECURITIES>                                         0
<RECEIVABLES>                                   84,999
<ALLOWANCES>                                     2,297
<INVENTORY>                                     47,464
<CURRENT-ASSETS>                               152,856
<PP&E>                                          63,253
<DEPRECIATION>                                  20,430
<TOTAL-ASSETS>                                 385,773
<CURRENT-LIABILITIES>                           93,927
<BONDS>                                        244,682
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           676
<OTHER-SE>                                      46,488
<TOTAL-LIABILITY-AND-EQUITY>                   385,773
<SALES>                                        256,146
<TOTAL-REVENUES>                               256,146
<CGS>                                          172,390
<TOTAL-COSTS>                                  172,390
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              19,131
<INCOME-PRETAX>                                 17,573
<INCOME-TAX>                                     7,997
<INCOME-CONTINUING>                              9,576
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,576
<EPS-PRIMARY>                                     0.18
<EPS-DILUTED>                                     0.18
        

</TABLE>
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 Quarterly Report on amended Form 10-Q of Wellentech
Services, Inc. (the “Company”) for the period ended March 31,
2008 as filed with the Securities and Exchange Commission on the date
hereof (the “Report”), I, Irwin Rapoport, Chief Executive Officer and Principal
Accounting 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 present, in all material
      respects, the financial condition and results of operations of the
      Company.









/S/  Irwin
Rapoport


Irwin
Rapoport


Chief
Executive
Officer




May 14,
2008
I

104TH CONGRESS

2D SESSION H. R. 3672

To amend the Federal Food, Drug, and Cosmetic Act to repeal the provisions

for the certification of drugs containing insulin and antibiotics.

IN THE HOUSE OF REPRESENTATIVES

JUNE 18, 1996

Mr. WAXMAN introduced the following bill; which was referred to the

Committee on Commerce

A BILL

To amend the Federal Food, Drug, and Cosmetic Act to

repeal the provisions for the certification of drugs containing insulin and antibiotics.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REPEAL OF CERTIFICATION OF DRUGS CON4 TAINING INSULIN.

5 Section 506 of the Federal Food, Drug, and Cosmetic

6 Act (21 U.S.C 356) is repealed.

7 SEC. 2. REPEAL OF CERTIFICATION OF ANTIBIOTICS.

8 Section 507 of the Federal Food, Drug, and Cosmetic

9 Act (21 U.S.C. 357) is repealed.
2

•HR 3672 IH

1 SEC. 3. CONFORMING AMENDMENT.

2 Section 505 (21 U.S.C. 355) is amended by adding

3 at the end the following:

4 ‘‘(n)(1) On and after the date of the enactment of

5 this subsection, antibiotic drugs shall be considered new

6 drugs subject to this section. Except as provided in para7 graph (2), an antibiotic drug certified pursuant to section

8 507 before such date of enactment or exempted from cer9 tification pursuant to such section before such date of en10 actment shall be considered a new drug for which an appli11 cation has been filed pursuant to subsection (b) and ap12 proved for safety and effectiveness pursuant to subsection

13 (c) or, in the case of an abbreviated application under sec14 tion 507, shall be considered a new drug for which an ap15 plication has been filed and approved pursuant to sub16 section (j).

17 ‘‘(2) Subsection (c)(3)(D) or (j)(4)D) shall not apply

18 to an antibiotic drug certified or exempted from certifi19 cation pursuant to section 507 before the date of the en20 actment of this subsection. Subsection (c)(3)(D) or

21 (j)(4)(D) shall apply to such antibiotic drug if, subsequent

22 to the date of the enactment of this subsection, the condi23 tions of approval of such drug are changed.’’.

Æ
EXHIBIT 23.1

                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

         As independent public accountants, we hereby consent to the
incorporation of our report dated February 2, 2001 except Note 13 which is dated
February 22, 2001 with respect to the consolidated financial statements of HBOA
Holdings, Inc. included in this Annual Report on Form 10-KSB, into the Company's
previously filed Registration Statement on Form S-8 filed on December 21, 2000
(Registration No. 333-52424) and the Company's Post-Effective No. 1 to its
Registration Statement on Form S-8 filed on December 14, 2000 (Registration No.
333-50076).




/s/ SEWELL AND COMPANY, P.A.

Hollywood, Florida
April 3, 2001
EXHIBIT 32.2  CERTIFICATION  Pursuant to the requirements set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended, and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. § 1350, as adopted, the Sarbanes-Oxley Act), Jane A. Freeman, the Chief Financial Officer of Scientific Learning Corporation (the Company), hereby certifies that, to the best of her knowledge: 1.
        The Companys Annual Report on Form 10-K for the period ended December 31, 2005, to which this Certification is attached as Exhibit 32.1 (the Periodic Report), fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and 2.
        The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company. Dated:
        March 10, 2006 /s/ Jane A. Freeman Jane A. Freeman Senior Vice President and Chief Financial Officer  This certification accompanies and is being furnished with this Periodic Report, shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended or otherwise subject to liability under that Section and shall not be deemed to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date of this Periodic Report, irrespective of any general incorporation language contained in such filing.
| 1.   | Section 1.8 is deleted. |
|----------------|-------------------------|

| 2.   | In Section 3.1(b) the number 11,500,000 is replaced with 9,563,450. |
|----------------|---------------------------------------------------------------------|

| 3.   | Section 3.1(l) is revised by deleting the following parenthetical language: “(excluding the packing plant to be acquired in the Plant Acquisition)” |
|----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 4.   | The last sentence under Section 3.1(m) is revised by removing the following language:  “Except for the rights of Innovative Foods under the lease for the packing plant,” |
|----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 5.   | Section 5.3 is revised by deleting the following language from the beginning of that section: “the Plant Acquisition and” |
|----------------|---------------------------------------------------------------------------------------------------------------------------------------|

| 6.   | Section 5.4 is deleted. |
|----------------|-------------------------|

| 7.   | Section 6.1(b) is revised to read as follows: receipt of all required consents and approvals to the Merger. |
|----------------|-------------------------------------------------------------------------------------------------------------|

| 8.   | Section 6.2(e) is deleted. |
|----------------|----------------------------|

| 9.   | In Section 8.1 the definition “Plant Acquisition” is deleted. |
|----------------|---------------------------------------------------------------------------|

| AMHCACCREDITED MEMBERS HOLDING CORPORATION  By:  /s/ David Lavigne             David Lavigne, Co-Chairman  | MERGER SUBAMHC ACQUISITION CORP.  By:  /s/ David Lavigne                David Lavigne, President |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| WWPPWORLD WIDE PREMIUM PACKERS, INC.  By:  /s/ Michael Genho              Michael Genho, President         |                                                                                                                                                                                            |
wwwoaklandpostonline.com November 12, 2008

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Exhibit 10.1


	潍坊市农村信用社贷款利率审查审批表
	客户名称:潍坊雷克兰劳保用品有限公司
	信贷产品名称	质押类订单融资授信	内部挂牌利率	70%
	拟执行贷款利率:基准利率上浮20%
	贷款执行利率低于挂牌利率的原因:	 	 
	1,该企业为新拓展优质客户,已在我行开立外汇结算账户。	 	 
	2,该公司经营效益好,拟与我行建立长期合作关系。	 	 
	综上所述,申请给予该企业利率优惠,执行基准利率上浮20%,	 	 
	 	 	调查人(签字):牛清梅	 
	 	 	2014年3月20日	 
	公司业务部意见:	 	 	 
	 	同意	负责人签字:刘福建	 
	 	 	2014年3月20日	 
	县级行社审查部门意见:	 	 	 
	 	 	审查人签字	 
	 	 	部门责任人签字	 
	 	 	2014年3月26日	 
	县级行社贷审委意见:	 	 	 
	 	同意	贷审委主任签字:李伯金	 
	 	 	2014年3月27日	 
	决策人意见:	 	 	 
	 	同意	决策人签字:岳作民	 
	 	 	2014年3月27日
<PAGE>

                                                                    EXHIBIT 32.1



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



In connection with the Annual Report of CPC of America, Inc. (the "Company") on
Form 10-K for the period ended December 31, 2005 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Rod A. Shipman,
Chief Executive Officer and Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. ss.1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to my 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.



March 20, 2006                                  /s/  Rod A. Shipman
                                                --------------------------------
                                                Rod A. Shipman,
                                                Chief Executive Officer and
                                                Chief Financial Officer
#### Gregory R. HARTMAN, Petitioner/Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Defendant/Appellant.

No. 65498.

Missouri Court of Appeals, Eastern District, Division One.

Oct. 11, 1994.

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Sp. Asst. Atty. Gen., Mo. Dept, of Revenue, Jefferson City, for appellant.

Mary P. Schroeder, St. Louis, for respondent.

REINHARD, Presiding Judge.

The Director of Revenue (Director) appeals the circuit court’s judgment ordering the Director to reinstate petitioner’s driving privileges after they had been suspended under the administrative suspension provisions of §§ 302.500-302.541, (RSMo 1986 & Supp. 1993).1 Petitioner’s suspension was sustained after an administrative hearing and petitioner sought a trial *de novo*in the circuit court pursuant to § 302.535. After the trial *de novo,*the court entered judgment in favor of petitioner. We reverse and remand.

Petitioner was arrested on May 31, 1993, by Officer Dan Cunningham of the City of Fenton police for driving while intoxicated in violation of the City of Fenton Municipal Code, § 340.170. The trial *de novo*was held on January 12, 1994. There, the Director attempted to establish, through Cunningham’s testimony alone, that Cunningham was certified as a peace officer pursuant to §§ 590.100 to 590.150, RSMo Supp.1993.2 Petitioner objected to the questioning of Cunningham as to his peace officer certification on the basis of form, asserting the question, as phrased by the Director, required the officer to make a conclusion of law.. The court sustained petitioner’s objection. After many reformulations of the original question, including in the Director’s offer of proof, the court sustained the petitioner’s motion for a *744directed verdict (sic)3 on the ground that there was no showing of Cunningham’s peace officer certification.

An extended discussion of the Director’s argument on appeal is not required. Cunningham was asked if he held a certificate from the Missouri Department of Public Safety acknowledging his qualifications under Chapter 590 of the Missouri Revised Codes, and Cunningham answered “yes”. Such peace officer certification is a matter within the officer’s personal knowledge. *Elliot v. Director of Revenue,*882 S.W.2d 745 (Mo.App.E.D.1990). Thus, this evidence should have been admitted.

We reverse the court’s judgment and remand the cause for a new trial.

GARY M. GAERTNER and CRAHAN, JJ., concur.

1

. All statutory citations are RSMo 1986, unless otherwise noted.

2

. Certification of the arresting officer, other than an elected peace officer or official, as a peace officer pursuant to §§ 590.100 to 590.150, is an essential element of the Director's case in an action to suspend driving privileges as a result of an arrest for a county or municipal violation of a "DWI” ordinance. *Allen v. Director of Revenue,*845 S.W.2d 724, 725 (Mo.App.W.D.1993); § 302.510.3.

3

. In a court-tried case, a motion for directed verdict is inappropriate. On appeal, we generally regard such motions as motions to dismiss. *Board of Public Utilities v. Fenton,*669 S.W.2d 612, 614 (Mo.App.1984).
[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Notices]
[Page 33912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16628]


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

DEPARTMENT OF ENERGY
[Docket No. OR96-14-000]


Exxon Company, U.S.A., a division of Exxon Corporation, v. 
Amerada Hess Pipeline Company, et al.; Notice of Complaint June 25, 
1996.

    Take notice that on June 19, 1996, Exxon Company, U.S.A. (EUSA), a 
division of Exxon Corporation, filed a complaint against the seven 
Trans Alaska Pipeline System (TAPS) owners, Amerada Hess Pipeline 
Corporation, ARCO Transportation Alaska, Inc., BP Pipelines (Alaska) 
Inc., Exxon Pipeline Company, Mobil Alaska Pipeline Company, Phillips 
Alaska Pipeline Corporation, and Unocal Pipeline Company (TAPS 
Carriers), pursuant to Sections 9, 13(1) and 15(1) of the Interstate 
Commerce Act, 49 U.S.C. App. Sections 9, 13(1), 15(1), and Rule 206 of 
the Commission's Rules of Practice and Procedures.
    EUSA alleges that the TAPS Carriers have violated sections 1(5), 
3(1) and 6(7) of the ICA, 49 U.S.C. App. Sections 1(5), 3(1), 6(1) and 
6(7), by imposing certain TAPS Quality Bank charges which are unjust 
and unreasonable by unjustifiably giving a preference to shippers of 
heavier petroleum, thereby unduly discriminating against shippers of 
lighter petroleum, and by failing to adhere to the TAPS Quality Banks 
tariffs.
    EUSA requests that the Commission (1) Consolidate this proceeding 
with the Quality Bank proceedings in Docket Nos. OR89-2-009, et al.; 
(2) find that the current Quality Bank methodology violates sections 
1(5), 3(1), 6(1), and 6(7) of the ICA; (3) award damages to EUSA; (4) 
prescribe as appropriate Quality Bank methodology; and (5) amend the 
TAPS Quality Bank tariffs to provide expressly for EUSA and other 
shippers to audit administration of the Quality Bank methodology.
    Any person desiring to be heard or to protest the instant complaint 
should file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with Rules 214 and 211 of the Commission's Rules of Practice 
and Procedure. All such motions or protests must be filed on or before 
July 19, 1996. Protests will be considered by the Commission in 
determining the appropriate action to be taken, but will not serve to 
make 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. Answers to this complaint shall be due on or before July 
19, 1996.
Lois D. Cashell,
Secretary.
[FR Doc. 96-16628 Filed 6-28-96; 8:45 am]
BILLING CODE 6717-01-M