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

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

MICAH FIALKA-FELDMAN, 

Plaintiff, 

 Case No. 08-CV-14922 

v. Hon. Patrick J. Duggan 

 

OAKLAND UNIVERSITY BOARD OF TRUSTEES, 

GARY D. RUSSI, MARY BETH SNYDER, 

and LIONEL MATEN, in their official capacities 

 Defendants. 

Michigan Protection & Advocacy Service, Inc. 

Chris E. Davis (P52159) 

29200 Vassar Blvd., Suite 200 

Livonia, MI 48152 

(248) 473-2990 

Attorney for Plaintiff 

cdavis@mpas.org 

BUTZEL LONG, a professional corp. 

By: Robert A. Boonin (P38172) 

350 S. Main Street, Suite 300 

Ann Arbor, MI 48104 

(734) 995-3110 

Attorneys for Defendants 

boonin@butzel.com

STIPULATED ORDER TO EXTEND TIME FOR FILING RESPONSE OR ANSWER 

TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND JURY DEMAND

 Upon the stipulation of counsel for the parties to the action and this Court being 

otherwise fully advised in its premises; 

 IT IS HEREBY ORDERED: 

 

Defendants shall file their Answer, or such other response as permitted by the Federal 

Rules of Civil Procedure, to Plaintiff’s First Amended Complaint and Jury Demand, within 

twenty days of this Court’s ruling on Plaintiff’s Motion to File a Second Amended Complaint 

(the “Motion,” Docket No. 21), if the Motion is denied. If the Motion is granted or partially 

granted by this Court, thus permitting Plaintiff the ability file a Second Amended Complaint, 
- 2 -

Defendants are not required to answer or otherwise respond to Plaintiff’s First Amended 

Complaint. 

 s/Patrick J. Duggan

 Patrick J. Duggan 

 United States District Judge 

Dated: May 13, 2009 

I hereby certify that a copy of the foregoing document was served upon counsel of record 

on ,by electronic and/or ordinary mail. 

 s/Marilyn Orem

 Case Manager 

 

By: s/Chris E. Davis (w/ permission) 

Chris E. Davis (P52159) 

Michigan Protection & Advocacy Service, Inc. 

29200 Vassar Blvd., Ste. 200 

Livonia, MI 48152 

(248) 473-2990 

cdavis@mpas.org 

Attorney for Michah Fialka-Feldman 

By: s/Robert A. Boonin 

Robert A. Boonin (P38172) 

Butzel Long, a professional corporation 

300 South Main Street, Suite 300 

Ann Arbor, Michigan 48104 

(734) 995-3110 

boonin@butzel.com 

Attorneys for Defendants
| (1)   | the      Quarterly Report on Form 10-Q of Blue Earth Solutions, Inc. for the      quarter ended June 30, 2008 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 Quarterly Report on Form 10-Q for the quarter      ended June 30, 2008, fairly presents in all material respects, the      financial condition and results of operations of Blue Earth Solutions,      Inc. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  By:    |   /s/ Patricia      Cohen                 |
|--------------|-----------------------------------------------------|
|  Name:  |  Patricia      Cohen                           |
|  Title: |  Principal      Executive Officer and Director |
|  Date:  |  August      19, 2008                          |

|  By:    |   /s/ Paul      Slusarczyk                |
|--------------|-----------------------------------------------------|
|  Name:  |  Paul      Slusarczyk                          |
|  Title: |  Principal      Financial Officer and Director |
|  Date:  |  August      19, 2008                          |
**Exhibit 32.1**

 

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

 

Inconnection with the Quarterly Report of Apple REIT Eight, Inc., (the “Company”)on Form 10-Q for the quarter ending March 31, 2010 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), theundersigned hereby certifies, pursuant to 18 U.S.C Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that: (1) theReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities and Exchange Act of 1934; and (2) the information containedin the Report fairly presents, in all material respects, the financialcondition and results of operations of the Company as of March 31, 2010,and for the period then ended.

 

 
| /s/    GLADE  M. KNIGHT |   |
|---------------------------------------------|--------|
| **Glade M. Knight**                         |   |
| **Chief Executive Officer**                 |   |
|                                        |   |
| May 5, 2010                            |   |
|                                        |   |
| /s/    BRYAN  PEERY     |   |
| **Bryan Peery**                             |   |
| **Chief Financial Officer**                 |   |
|                                        |   |
| May 5, 2010                            |   |

 

1

----
Exhibit 10.20.3 M-02.01.2014




Exhibit 10.20.3




AMENDMENT TO 
SUPPLEMENTARY EXECUTIVE RETIREMENT PLAN
OF
MACY, INC. 




The Supplementary Executive Retirement Plan of Macy’s, Inc. (the “Plan”) is hereby amended, effective as of December 31, 2013 and in order to “freeze” benefits, in the following respects.
1.    The Plan is amended by adding a new Section 10.5 reading as follows immediately after Section 10.4 of that part of the Plan.
10.5    Freeze of Benefits.  
Notwithstanding any other provision of the Plan, the amount of any retirement or death benefit accrued by or attributable to a Participant calculated under Sections 4.2.1 and 4.2.2, above, shall be determined as if the Participant permanently ceases to be an Employee no later than the end of December 31, 2013 (even if the Participant actually continues to be an Employee after such date) and thereby as if the Participant does not after December 31, 2013 complete any service with the Employer or receive any compensation from the Employer.  The amount of offset calculated under Section 4.2.3, above, shall be determined as of the date that the Participant actually ceases to be an Employee.
2.    The part of the Plan that constitutes the May Department Stores Supplementary Retirement Plan is amended by adding a new Section 9 reading as follows immediately after Section 8 of that part of the Plan.
Section 9    Freeze of Benefits.  
Notwithstanding any other provision of the Plan, the amount of a Member’s Annual Retirement Income under the Plan shall be determined as if the Member permanently ceases to be an Associate no later than the end of January 31, 2014 (even if the Member actually continues to be an Associate after such date) and thereby as if the Member does not after January 31, 2014 complete any service with the Employers or receive any Pay or other compensation from the Employers.  The amount of a Member’s Annual Estimated Social Security Benefits will be determined as of January 31, 2014. Annual Retirement Benefits Offset shall be determined as of the date that the Member actually ceases to be an Employee.  After December 31, 2013, no additional company match amounts will be added to the amount determined under Section 1.6(j).  The amount under 1.6(j) will be adjusted for interest from January 1, 2014 through the date the Member ceases to be an Associate.  A Member’s Annual Minimum Benefit under Section 1.4(a) shall not include additional company match amounts after December 31, 2013.  The amount under Section 1.4(a) will be 





adjusted for interest from January 1, 2014 through the date the Member ceases to be an Associate.  Section 1.4(b) shall be determined as if the Member permanently ceases to be an Associate no later than December 31, 2013.
IN ORDER TO EFFECT THE FOREGOING PLAN REVISIONS, the sponsor of the Plan hereby signs this Plan amendment.
MACY’S, INC.
By:  David W. Clark
Title:  EVP, Human Resources
Date:  December 19, 2013
* Pursuant to 5 TH C IR
. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR
. R. 47.5.4. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-40379 Conference Calendar
UNITED STATES OF AMERICA Plaintiff-Appellee
v. JESUS SOTELO Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:06-CR-1045-1 Before JOLLY, DAVIS, and WIENER, Circuit Judges. PER CURIAM: * A ppealing the Judgment in a Criminal Case, Jesus Sotelo raises arguments challenging the constitutionality of 21 U.S.C. §§ 841 and 851 that he concedes are foreclosed by Almendarez-Torresv. Unite d States, 523 U.S. 224, 235 (1998). U nite

d States v. Mata, 491 F.3d 237, 245 (5th Cir. 2007). The Government's motion for summary affirmance is GRANTED, and thejudgment of the district court is AFFIRMED. United States Court of Appeals Fifth Circuit 

### F I L E D October 3, 2007 Charles R. Fulbruge III Clerk
EXHIBIT 99.1



                        CERTIFICATION OF PERIODIC REPORT


I, Eric Margenau, Chief Executive Officer of The Orlando Predators
Entertainment, Inc. (the "Company"), certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1)  the Annual Report on Form 10-KSB of the Company for the annual period ended
     September 30, 2002 (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 78o(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.




Dated: January 14, 2002



                                                        /s/ Eric Margenau
                                                        -----------------
                                                        Eric Margenau
                                                        Chief Executive Officer

<PAGE>



                        CERTIFICATION OF PERIODIC REPORT


I, Keli Davis, Chief Financial Officer of The Orlando Predators Entertainment,
Inc. (the "Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that:

(1)  the Annual Report on Form 10-KSB of the Company for the annual period ended
     September 30, 2002 (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 78o(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.




Dated: January 14, 2002



                                                      /s/ Keli Davis
                                                      --------------
                                                      Keli Davis
                                                      Chief Financial Officer
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

POOF-SLINKY, INC. 

a Michigan corporation, 

 

 Plaintiff/Counterclaim Defendant, 

 

v. Case No.:2:08-14573 

JA-RU, INC. 

a Florida corporation, 

 

 Defendant/Counterclaim Plaintiff 

 Judge Patrick J. Duggan 

 Mag. Judge Donald A. Scheer 

______________________________________________________________________ 

Ernest I. Gifford (P13964) 

Douglas W. Sprinkle (P25326) 

Mark D. Schneider (P55253) 

GIFFORD, KRASS, SPRINKLE, 

 ANDERSON & CITKOWSKI, P.C. 

2701 Troy Center Drive, Suite 330 

P.O. Box 7021 

Troy, MI 48007-7021 

litigation@patlaw.com 

(248) 647-6000 

(248) 647-5210 – Facsimile 

Attorneys for Plaintiff / Counterclaim 

Defendant

Jason R. Abel 

HONIGMAN MILLER SCHWARTZ & COHN 

660 Woodward Avenue 

Detroit, MI 48226 

(313) 465-7302 

jabel@honigman.com 

Attorneys for Defendant / Counterclaim Plaintiff 

__________________________________________________________________ 

ORDER OF DISMISSAL WITH PREJUDICE

 

 This cause having come before the Court on the Parties’ Stipulated Motion for Order of 

Dismissal with Prejudice, and the Court having read the pleadings, and being duly advised, it is 

hereby: 

ORDERED AND ADJUDGED: 

1. The Parties’ Stipulated Motion for Dismissal with Prejudice is GRANTED; 

2:08-cv-14573-PJD-DAS Doc # 13 Filed 06/15/09 Pg 1 of 2 Pg ID 50
2. This matter is hereby dismissed with prejudice, with each party to pay its own 

attorneys’ fees and cost; 

3. The Court shall, however, retain jurisdiction of this matter for the purpose of 

enforcing the Settlement Agreement entered into between the Parties. 

 s/Patrick J. Duggan

 Patrick J. Duggan 

 United States District Judge 

Dated: June 15, 2009 

I hereby certify that a copy of the foregoing document was served upon counsel of record 

on June 15, 2009 ,by electronic and/or ordinary mail. 

 s/Marilyn Orem

 Case Manager 

2:08-cv-14573-PJD-DAS Doc # 13 Filed 06/15/09 Pg 2 of 2 Pg ID 51
Exhibit G

Case 2:18-cr-00422-DJH Document 516-7 Filed 04/02/19 Page 1 of 2
Confidential 

> 

> On Jan 31, 2012, at 8:51 AM, Michael Lacey wrote: 

> 

>> guys 

>> 

>> couple of points: 

>> 

>> 1) we need a statement from moon that sums up our on-going meetings 

>> with attorney generals. it is not accurate to say we arent 

>> co-operating. not only are we meeting with them, they have told us 

>> they have not identified law breaking on our part. (but they continue 

>> to drag out and not provide confidentiality as part of a process to 

>> turn over documents) 

>> 

>> 2) we need to fish or cut bait with craig. once again we are getting 

>> hit over the head with the big lie that craig got out of adult. this 

>> is doubly destructive: it makes craig look like he quit; it makes it 

>> look like we should quit too. i dont believe attorney from perkins 

>> coie can represent us nor do i believe she is the only attorney that 

>> can represent us. as in Detroit, for all we know, these people used 

>> many services not just backpage, maybe even craig. 

>> 

>> 3)within the responcewe need to note that as deplorable as this case 

>> is, and it is appalling, it is one bad case amongst how many millions 

>> of ads that involve no one under age. 

>> 

>> 4) drug dealers use cell phones, fed-x. when you bust them you do not 

>> advocate shutting down phone service, overnight deliveries. underage 

>> people use phony 1.0. to get into bars. thousands of people patronize 

>> local bar legally, you dont close it when someone underage deceives 

>> the owner of the bar. 

>> 

>> 5) in time period covered in this story, this is only the second case 

>> developed by the attorney general. the case is awful, but with two 

>> cases it is not yet a tsunami of underage trafficking. prosecute this 

>> case, these individuals, get care and treatment for the victims and 

>> stop pandering to yahoos. 

>> 

>> (how long to determine the Detroit Analysis ie where else these hoods 

>> operated besides backpage) 

>> 

>> shouldnt sitrick have a responce prepared? 

>> 

>> 

>> On 1/31/12, Scott Tobias <scott.tobias@villagevoicemedia.com> wrote: 

>>> Guys: 

>>> 

>>> Link below. 

>>> 

BP-AZGJ_01111049 

Case 2:18-cr-00422-DJH Document 516-7 Filed 04/02/19 Page 2 of 2
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED DE CEMBER 10, 2015

NO. 03

- 14

- 00644

- CV

Jose A. Perez, Appellant

v.

Texas Medical Board and Mari Robinson, JD, in her Official Capacity, Appellee s

APPEAL FROM 53RD DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES PURYEAR, PE MBERTON, AND BOURLAN D

AFFIRMED

-- OPINION BY JUSTICE PEMBERTON

This is an appeal from the judgment signed by the district court on Sept ember 18, 2014. Having

reviewed the record and the parties’ arguments, the C ourt holds that there was no reversible error

in the district court’s judgment . Therefore, the C ourt affirms the district court’s judgment

. The

appellant shall pay all costs rel ating to this appeal, both in this Court and the court below.
Exhibit 31.1



CERTIFICATIONS*



I, Michael E. Golden, certify that:



1.

I have reviewed this annual report on Form 10-KSB of PanAmerican Bancorp;



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



4.

The small business issuer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 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 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 small business issuers most recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of an 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(s) 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 the small business issuer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 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: March 30, 2004





|/s/ MICHAELE. GOLDEN                 
|-------------------------------------
|President and Chief Executive Officer
---

EXHIBIT 13.1

SECTION 906 CERTIFICATION OF CEO

In connection with the annual report of Austral Pacific Energy
  Ltd. (the “Company”) on Form 20-F for the fiscal year ending December
  31, 2004 as filed with the Securities and Exchange Commission on the date hereof
  (the “Report”), I, David John Bennett, 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 to the best of 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.

/s/ David Bennett 
  ____________________________

Name: David John Bennett 
  Title: Chief Executive Officer 
  July 12, 2005

A signed original of this written statement required by
  Rule 13a-14(b) of the Securities Exchange Act of 1934 and 18 U.S.C. Section
  1350 has been provided to the Registrant and will be retained by the Registrant
  and furnished to the Securities and Exchange Commission or its staff upon request.

This certification accompanies the Form 20-F to which it
  relates, is not deemed filed with the Securities and Exchange Commission and
  is not to be incorporated by reference into any filing of the Company under
  the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
  before or after the date of the Form 20-F), irrespective of any general incorporation
  language contained in such filing.

---
EXHIBIT 32

CERTIFICATION 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 (Section 1350 of Chapter 63 of Title 18 of the United States Code), each of the undersigned officers of Sun American Bancorp (the Company) does hereby certify with respect to the Annual Report of the Company on Form 10-K for the period ended December 31, 2008 (the Report) 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.



|                     |  |                            
|-------------------- |  | ---------------------------
|Date: March 30, 2009 |  | /s/ MICHAEL E GOLDEN       
|                     |  | Michael E. Golden          
|                     |  | Principal Executive Officer
|                     |  |                            
|                     |  |                            
|Date: March 30, 2009 |  | /s/ ROBERT NICHOLS         
|                     |  | Robert Nichols             
|                     |  | Principal Financial Officer





The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.