alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

Hoffman also claims to be entitled to relief under the state based “Whistleblower Act”

(Mich. Comp. Laws. § 691.1407), in addition to her allegations for false arrest, assault and

battery, intentional infliction of emotional distress, and violations of 42 U.S.C.§§1983, 1985,

1988.

1

 UNITED STATES DISTRICT COURT

 EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

DEBORAH HOFFMAN,

Plaintiff,

v.

CITY OF ECORSE,

Defendant.

Case No. 09-10682

Honorable Julian Abele Cook, Jr.

ORDER

This case involves a dispute between the Plaintiff, Deborah Hoffman, and the Defendant,

City of Ecorse (“City”), over the appropriateness and legality of certain allegedly disciplinary

measures that were imposed her as a municipal employee. In essence, Hoffman complains that (1)

she was personally searched without justification, (2) her office was illegally searched and (3) the

City caused her to be falsely imprisoned as a form of retaliation for reporting alleged misconduct

by municipal government employees. 1

This lawsuit was originally filed on January 29, 2009 in the Wayne County Circuit Court

of Michigan. However, on February 23rd, the City caused the action to be removed to this Court

2:09-cv-10682-JAC-DAS Doc # 11 Filed 07/01/09 Pg 1 of 3 Pg ID 199
2

28 U.S.C § 1331 states: “The district courts shall have original jurisdiction of all civil

actions arising under this Constitution, laws, or treaties of the United States.

3

Fed. R. Civ. P. 12(b)(6) states in pertinent part: “Every defense to a claim for relief in

any pleading must be asserted in the responsive pleading if one is required. But a party may

assert the following defenses by motion:. . . (6) failure to state a claim upon which relief can be

granted. . . 

2

on the basis of its federal jurisdiction. See 28 U.S.C. § 1331.2

 On April 14th, the City filed a

motion for partial dismissal, citing to Fed. R. Civ. P. 12(b)(6),3 to which Hoffman expressed her

opposition on May 5th. 

In light of a recent decision by the Supreme Court, this Court will decline to address the

merits, if any, of the City’s motion at this time. Rather, the City is directed to submit an amended

brief within a period of twenty-one days from the entry of this order that will explore to what

extent, if any, the motion to dismiss standard under Rule 12(b)(6) has been modified by the ruling

in Ashcroft v. Iqbal, 556 U.S. ___ (2009). Thereafter, Hoffman is authorized to address the same

issue, as noted above, and file a response within a period of ten days after her receipt of the City’s

amended brief. 

IT IS SO ORDERED.

Dated: July 1, 2009 S/Julian Abele Cook, Jr. 

Detroit, Michigan JULIAN ABELE COOK, JR.

United States District Court Judge

2:09-cv-10682-JAC-DAS Doc # 11 Filed 07/01/09 Pg 2 of 3 Pg ID 200
3

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their respective

email addresses or First Class U.S. mail to the non-ECF participants on July 1, 2009.

s/ Kay Doaks 

Case Manager

2:09-cv-10682-JAC-DAS Doc # 11 Filed 07/01/09 Pg 3 of 3 Pg ID 201
Exhibit 31.1

RULE 13a-14(a) CERTIFICATION IN ACCORDANCE  WITH SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I,
Roy G. Krause, certify that:

1.     I
have reviewed this Annual Report on Form 10-K of Spherion Corporation;

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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



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):



|Date: March 15, 2005                                                |  | 
|------------------------------------------------------------------- |  | 
|/s/ROY G. KRAUSERoy G. Krause
President and Chief Executive Officer |  | 

82

---



QuickLinks
<PAGE>   1

                                                                    EXHIBIT 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statements
(Form S-8 Nos. 333-32400, 333-89495, 333-89497, 333-67089, 333-45375, and
333-52968) of Corixa Corporation of our report dated February 9, 2001, with
respect to the consolidated financial statements of Corixa Corporation included
in the Annual Report (Form 10-K) for the year ended December 31, 2000.

                                            ERNST & YOUNG  LLP

March 27, 2001
Seattle, Washington
Exhibit 99.3





CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Ron R. Harris, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Pervasive Software Inc. on Form 10-K for
the fiscal year ended June 30, 2002 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Annual Report on Form 10-K fairly presents in all material respects the
financial condition and results of operations of Pervasive Software Inc.





By:

/s/    RON R.
HARRISRon R. Harris President and
Chief Executive Officer as of June 30, 2002, Chairman of the Board of Directors
**EXHIBIT 10.37**DIRECTOR FEE SUMMARY     Set forth below is a summary of the current director fee arrangements for non-employeedirectors serving on the Boards of Directors of Mercantile Bank Corporation (“Mercantile”) and itswholly owned subsidiary, Mercantile Bank of Michigan (“Bank”).     For 2008, non-employee directors of the Bank are paid an annual retainer of $12,000, and a feeof $700 for each meeting of the Board of Directors of the Bank that they attend. In addition,non-employee directors are paid a meeting fee of $700 for each meeting of the Audit Committee, $600for each meeting of the Compensation Committee and the Governance and Nominating Committee, and$400 for each meeting of other committees of the Board of Directors of the Bank that they attend.Non-employee directors are also paid fees of the same amount for meetings of Mercantile’s Board ofDirectors and its committees, when for Board meetings there is not also a meeting of the Board ofDirectors of the Bank on the same day, and for committee meetings when there is not also a meetingof a committee of the Board of Directors of the Bank having the same name or function on the sameday. For meetings that are held by telephone or other remote communications equipment, the meetingfees are half the amount described above. Annual retainer fees are also paid to the Chairmen ofthree of the committees of Mercantile’s Board of Directors. The annual retainer is, for theChairman of the Audit Committee — $6,000, for the Chairman of the Compensation Committee — $4,000,and for the Chairman of the Nominating Committee — $4,000.     The same persons currently serve on the Boards of Directors of Mercantile and the Bank. Underthe Bank’s deferred compensation plan for non-employee directors, directors may elect to defer thereceipt of the annual retainer and meeting fees until they are no longer serving on the Board.Directors are eligible to receive stock-based awards under the Stock Incentive Plan of 2006.
1
Exhibit 32.1

JMP GROUP INC.

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

In connection with the periodic report of JMP Group Inc. (the Company) on Form 10-Q for the period ended June 30, 2008, as filed with the
Securities and Exchange Commission (the Report), I, Joseph A. Jolson, Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code,
that to the best of my knowledge:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods
indicated.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                        
|-------------------- |  | -----------------------
|Date: August 7, 2008 |  | /s/ Joseph A. Jolson   
|                     |  | Joseph A. Jolson       
|                     |  | Chief Executive Officer

This certification accompanies this Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act). Such certification will not be deemed to be incorporated by reference into any
filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
EXHIBIT 32.1


                           SECTION 1350 CERTIFICATION


     In connection  with the Quarterly  Report of  School4Chauffeurs,  Inc. (the
"Company") on Form 10-Q for the quarter  ending March 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jeffery
E. Jones, President 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
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.


Date: May 12, 2008



                                        By: /s/ JEFFERY E. JONES
                                            ___________________________
                                                Jeffery E. Jones
                                                President
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 of KBL Healthcare Acquisition Corp. III (the
Company) on Form 10-Q for the period ending September 30, 2008 (the Report), as filed with the Securities and Exchange Commission on the date hereof, I Marlene Krauss, M.D., Chief Executive Officer and Secretary of the
Company, certify pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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 result of operations of the Company.



|    |  |                               |  |  |  |                         
|--- |  | ----------------------------- |  |  |  | ------------------------
|By: |  | /s/ Marlene Krauss, M.D.      |  |  |  | Dated: November 13, 2008
|    |  | Marlene Krauss, M.D.          |  |  |  |                         
|    |  | Chief Executive Officer       |  |  |  |                         
|    |  | (Principal Executive Officer) |  |  |  |
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A17A1077. RUSSELL NATHANIEL JENNINGS v. THE STATE.

In December 2015, Russell Jennings pled guilty to aggravated assault and

participation in criminal street gang activity, and the trial court imposed a 20-year

sentence, with the first 15 yearsto be served in prison, and the remainder to be served

on probation. In October 2016, Jennings filed a motion to modify his sentence. The

trial court denied the motion on October 5, 2016, and Jenningsfiled a notice of appeal

on November 9, 2016.

1

 We lack jurisdiction.

A notice of appeal must be filed within 30 days of entry of the trial court order

sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice

of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v.

State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Jennings’s notice of appeal is

untimely, as it was filed 35 days after entry of the trial court’s order. Consequently,

this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

1

 Jennings’s notice of appeal is dated October 26, 2016, but was not filed in

the trial court until November 9, 2016.

April 20, 2017

04/20/2017
Exhibit 4.9

 

Summary of Longterm Loan Agreement dated June 26, 2013, between Semiconductor Manufacturing International (Beijing) Corporation, Semiconductor Manufacturing International (Tianjin) Corporation, as guarantor, and The Export-Import Bank of China

 

On June 26, 2013, Semiconductor Manufacturing International (Beijing) Corporation (“SMIC Beijing”) entered into twenty-six-month loan agreement with an aggregate principal amount of US$60 million with the Export-Import Bank of China. The draw-down period under the loan is twenty three months. The loan is unsecured and repayable in August, 2015.
Case 2:09-cv-11140-RHC-MJH ECF No. 1 filed 03/26/09 PageID.1 Page 1 of 5
Case 2:09-cv-11140-RHC-MJH ECF No. 1 filed 03/26/09 PageID.2 Page 2 of 5
Case 2:09-cv-11140-RHC-MJH ECF No. 1 filed 03/26/09 PageID.3 Page 3 of 5
Case 2:09-cv-11140-RHC-MJH ECF No. 1 filed 03/26/09 PageID.4 Page 4 of 5
Case 2:09-cv-11140-RHC-MJH ECF No. 1 filed 03/26/09 PageID.5 Page 5 of 5
Exhibit 31.3

CERTIFICATION PURSUANT TO EXCHANGE ACT RULE 13a-14(a) OR 15d-14(a)

AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, James R. Henderson, certify that:

1. I have reviewed this Amendment No. 1
to the Annual Report on Form 10-K of ModusLink Global Solutions, Inc. for the year ended July 31, 2017; and

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.

Date: November 20, 2017



By:

/s/ James R. HendersonJames R. HendersonPresident and Chief Executive Officer(Principal Executive Officer)
Exhibit 32  CERTIFICATION OF PERIODIC REPORT PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I, Diane S. Button, President, Treasurer, Chief Executive Officer and Chief Financial Officers of Cactus Ventures, Inc., (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 amended Quarterly Report on Form 10-Q/A, of the Company for the fiscal quarter ended June 30, 2009 (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 amended Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  Date: December 28, 2009  /s/ Diane S. Button Diane S. Button President and Chief Executive Officer Treasurer and Chief Financial Officer   A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act has been furnished to Cactus Ventures, Inc. and will be retained by Cactus Ventures, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Page 35820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17253]


=======================================================================
-----------------------------------------------------------------------

RAILROAD RETIREMENT BOARD


Agency Forms Submitted for OMB Review

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35), the Railroad Retirement Board has submitted the 
following proposal(s) for the collection of information to the Office 
of Management and Budget for review and approval.

SUMMARY OF PROPOSAL(S):

    (1) Collection title: Request for Review of Part B Medicare Claim.
    (2) Form(s) submitted: G-790, G-791.
    (3) OMB Number: 3220-0100.
    (4) Expiration date of current OMB clearance: July 31, 1996.
    (5) Type of request: Extension of a currently approved collection.
    (6) Respondents: Individuals or households.
    (7) Estimated annual number of respondents: 4,000.
    (8) Total annual responses: 4,100.
    (9) Total annual reporting hours: 1,025.
    (10) Collection description: The Railroad Retirement Board 
administers the Medicare program for persons covered by the railroad 
retirement system. The request provides the means for obtaining reviews 
by the MetraHealth Insurance Company on claims for Part B Medicare 
benefits.

ADDITIONAL INFORMATION OR COMMENTS: Copies of the form and supporting 
documents can be obtained from Chuck Mierzwa, the agency clearance 
officer (312-751-3363). Comments regarding the information collection 
should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 
North Rush Street, Chicago, Illinois 60611-2092 and the OMB reviewer, 
Laura Oliven (202-395-7316), Office of Management and Budget, Room 
10230, New Executive Office Building, Washington, D.C. 20503.
Chuck Mierzwa,
Clearance Officer.
[FR Doc. 96-17253 Filed 7-5-96; 8:45 am]
BILLING CODE 7905-01-M
Fialka-Feldman v. Oakland University Board of Trustees Doc. 48 Att. 7

Dockets.Justia.com
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

STEWART TITLE GUARANTY COMPANY,

Plaintiff,

v.

GREAT LAKES TITLE OF MICHIGAN, INC.,

et al.,

Defendants.

 /

Case No. 09-CV-10510

ORDER DIRECTING FACILITATION

During a status conference on April 29, 2009, the Plaintiff Stewart Title Guaranty

Company (“Stewart”) and Defendant Great Lakes Title of Michigan, Inc., et al. (“Great

Lakes”) informed the court that the possibility of settlement depended, at least in part,

on the outcome of another case in which Great Lakes is currently a party, Great Lakes

Title of Michigan, Inc. v. Axis Surplus Insurance Co., No. 08-13034. During a telephone

conference on May 1, 2009, Stewart, Great Lakes, and the defendant/counter-plaintiff in

Great Lakes, Axis Surplus Insurance Co. (“Axis”) agreed to submit to facilitation before

attorney Brian Einhorn. By agreement of the parties, the costs of the facilitation will be

shared equally, each party to pay one-third of the total costs. Accordingly, 

IT IS ORDERED that Stewart and Great Lakes are DIRECTED to submit to

facilitation with Axis before attorney Brian Einhorn on or before June 12, 2009.

IT IS FURTHER ORDERED that Stewart and Great Lakes will each pay one-third

of the total costs of the facilitation. A separate order will issue in Great Lakes. 

2:09-cv-10510-RHC-PJK Doc # 17 Filed 05/20/09 Pg 1 of 2 Pg ID 56
S:\Cleland\JUDGE'S DESK\C2 ORDERS\09-10510.STEWARTTITLE.Facilitation.ljd.wpd

2

Finally, IT IS ORDERED that discovery proceedings are STAYED until further

order of the court.

 S/Robert H. Cleland 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

Dated: May 20, 2009

I hereby certify that a copy of the foregoing document was mailed to counsel of record

on this date, May 20, 2009, by electronic and/or ordinary mail.

 S/Lisa Wagner 

Case Manager and Deputy Clerk

(313) 234-5522

2:09-cv-10510-RHC-PJK Doc # 17 Filed 05/20/09 Pg 2 of 2 Pg ID 57
1

 UNITED STATES DISTRICT COURT

 EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

THE WEATHER UNDERGROUND, INC.,

Plaintiff,

v. Case No: 09-10756

Honorable Marianne O. Battani 

NAVIGATION CATALYST SYSTEMS INC., ET AL

 Defendant,

____________________________________/

NOTICE OF SCHEDULING CONFERENCE

 

You are hereby scheduled to appear on JANUARY 11, 2009, at 3:30 p.m. , in the

Courtroom of the Honorable Marianne O. Battani, 277 U.S. Courthouse, 231 W. Lafayette,

Detroit, Michigan, for a scheduling conference on the above case. 

THE SCHEDULING CONFERENCE WILL BE AUTOMATICALLY

CANCELLED, AND COUNSEL SHOULD NOT APPEAR, IF THE JOINT

DISCOVERY PLAN IS ELECTRONICALLY FILED PRIOR TO THE SCHEDULED

CONFERENCE DATE. A SCHEDULING ORDER WILL AUTOMATICALLY BE

ISSUED BY THE COURT UPON RECEIPT OF THE FILED PLAN. 

 PLEASE DO NOT CALL TO CONFIRM THIS PROCEDURE. 

Prior to the date of the scheduling conference, Plaintiff is directed to convene a meeting

with all counsel for the purpose of preparing a joint discovery plan in accordance with

FED.R.CIV.P. 26(f). The joint discovery plan may be submitted to the Court at the conference

or electronically filed as noted below. In the event the parties cannot agree on a plan, each side

must submit a proposed plan at the conference.

Counsel should be prepared to discuss the following during the conference:

1. A brief summary of the case and issues;

2. Subject matter jurisdiction;

3. Relationship, if any, to other cases;

4. Amount of time necessary for the discovery process - generally three to four

months from the date of answer is allowed in the ordinary case;

5. Necessity of amendments to pleadings, additional parties, third-party

complaints, expert testimony, et cetera;

6. Anticipated motions;

7. Use of Case Evaluation (see LR 16.3) or other methods of alternate dispute

resolution.

Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al Doc. 23

Dockets.Justia.com
2

PLEASE NOTE:

CORPORATE AFFILIATIONS: Pursuant to LR 83.4. Counsel should complete and

electronically file, where appropriate, the Disclosure of Corporate Affiliations form.

CASE EVALUATION: If the parties consent to Case Evaluation under LR 16.3, the Consent

to Case Evaluation form must be electronically filed.

DISCOVERY: Counsel should commence the discovery process immediately and not wait for

receipt of the Scheduling Order. Parties are bound by FED.R.CIV.P. 30(d)(2) concerning

depositions and FED.R.CIV.P. 33(a) limiting the number of interrogatories.

PRETRIAL PRACTICES and FORMS:

Required forms and pretrial practices are available on Judge Battani’s website.

http://www.mied.uscourts.gov/_practices/Battani/toc.htm

 s/Bernadette M. Thebolt 

 Bernadette M. Thebolt, Case Manager

 for Judge Marianne O. Battani

 313-234-2627

CERTIFICATE OF MAILING

I certify that a copy of this order was served electronically upon all parties of record.

 s/Bernadette M. Thebolt 

 Bernadette M. Thebolt 

Case Manager

 313-234-2627

Dated: December 2, 2009