alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

_____________
No. 13

- 4341

_____________ HEIKE OBERGANTSCHNIG,

Appellant

v.

SAW CREEK ESTATES COMMUNITY ASSOCIATION, INC.; JAMES ANDREWS; PEGGY SCHAU; ARTIE FURMAN

________________________ On Appeal from the United States District Court for the Eastern District of Pennsylvania District Court No. 2

- 12

- cv

- 05911 District Judge: The H onorable J. Curtis Joyner

Submitted Pursuant to Third Circuit L.A.R. 34.1(a)

July 10 , 2014

Before: SMITH, VANASKIE, and S LOVITER
, Circuit Judges

(Filed: July 31, 2014 )

_____________________
O PINION

_____________________ SMITH, Circuit Judge.
Heike Obergantschnig worked as a dispatch officer for the public safety
department of Saw Creek Estates Community Association (Saw Creek) from
January of 2008 to January of 2011. After Saw Creek termina ted2

Obergantschnig’s employment, she filed a complaint in the United States District
Court for the Eastern District of Pennsylvania. She alleged claims of sexual

harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964,

as amen ded. 42 U.S.C. § 2000e

- 2

. After discovery closed, Saw Creek filed a motion for summary judgment on
both claims. The District Court granted Saw Creek’s motion. This timely appeal

followed. 1 We will affirm.
We have carefully reviewed the briefs of the parties and the record before
us. We agree with the District Court that Obergantsch n ig failed to establish that

the sexual harassment was sufficiently pervasive. See Mandel v. M & Q Pkg.

Corp. , 706 F.3d 157, 167 (3d Cir. 2013) ( listing as an element of a hos tile work

environment claim that “the discrimination was severe or pervasive” ). In addition,

we conclude that summary judgment was properly gr anted on the retaliation claim.
The District Court appropriately determined that Obergantschnig’s complaints did
not constitute protected activity. See Wilkerson v. N ew Media Tech. Charter Sch.

Inc. , 522 F .3d 315, 320 (3d Cir. 2008) (noting elements of prima facie case of
retaliation under Title VII includes that plaintiff “engaged in a protected activity”).

1 The District Court exercised jurisdiction under 28 U.S.C. § 1331. We have final order jurisdiction under 28 U.S.C. § 1291. We exercise plenary review over a district court’s order granting summary judgment. Mandel v. M & Q Pkg. C orp., 706 F.3d 157, 164 (3d Cir. 2013).
<PAGE>   1
                                                                  Exhibit 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the registration statements of
Protection One, Inc. and Subsidiaries on Form S-3 (File Nos. 33-83484,
33-99220, 333-05849, 333-09401 and 333-13733) and Form S-8 (File
Nos. 33-95702, 33-97542, 333-02892 and 333-02828) of our report, which includes
an explanatory paragraph with respect to a change in method of accounting for
certain subscriber account acquisition and transition costs, dated December 10,
1996, on our audits of the consolidated financial statements and financial
statement schedule of Protection One, Inc. and Subsidiaries as of September 30,
1996 and 1995, and for each of the three years in the period ended September
30, 1996, which report is included in this Annual Report on Form 10-K.

                            COOPERS & LYBRAND L.L.P.

Portland, Oregon
December 30, 1996
AURORA LOAN SERVICES
A Lehman Brothers Company



Depositor:  Structured Asset Securities Corporation
            745 Seventh Avenue, 8th Floor
            New York, NY 10019


Trustee:    Citibank, N.A.
            388 Greenwich Street, 14th Floor
            New York, NY 10013
            Attention Citibank Agency & Trust

Securities Administrator:


Subject:        Annual Officer's Certification
Fiscal Year:    2006
Securitization: LXS 2006-5

I, E. Todd Whittemore, the undersigned, a duly authorized officer of Aurora
Loan Services LLC (the "Master Servicer"), do certify the following for the
Calendar Year 2006:

1.    A review of the activities of the Master Servicer during the preceding
calendar year (or portion thereof) and of its performance under the Agreement
for such period has been made under my supervision.

2.    To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all of its obligations under the Agreement in all material
aspects throughout 2006 (or applicable portion thereof), or, if there has been
a failure to fulfill any such obligation in any material respect, I have
specifically identified to the Depositor, and the Trustee each such failure
known to me and the nature and status thereof, including the steps being taken
by the Master Servicer to remedy such default.


                             Certified by: AURORA LOAN SERVICES LLC




                                           By:/s/ E. Todd Whittemore
                                              ------------------------------
                                           Name:  E. Todd Whittemore
                                           Title: Executive Vice President
_________________________________________ 

 

 

_______________________________________ 

 

Order Michigan Supreme Court 

Lansing, Michigan 

June 26, 2006 Clifford W. Taylor,

 Chief Justice 

130559 Michael F. Cavanagh 

Elizabeth A. Weaver (63) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, IN RE CONTEMPT OF MARK ALLEN Justices 

MURDOCK 

AMERICAN AXLE & MANUFACTURING,

INC., 

Plaintiff-Appellee, 

v SC: 130559 

 COA: 262786 

Wayne CC: 03-320706-CZ 

MARK ALLEN MURDOCK, and

JUANITA DENISE MURDOCK,

 Defendants-Appellants. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court's order of 

April 28, 2006 is considered, and it is DENIED, because it does not appear that the order 

was entered erroneously. 

l0619 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

June 26, 2006 

Clerk
Exhibit








EXHIBIT 4.1
DESCRIPTION OF THE REGISTRANT’S SECURITIES REGISTERED
PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934


As of February 21, 2020, Genuine Parts Company (the “Company”) has one class of securities, our common stock, registered under Section 12 of the Securities Exchange Act of 1934, as amended. 
DESCRIPTION OF COMMON STOCK
The following description of our common stock is a summary and does not purport to be complete. It is subject to and qualified in its entirety by reference to our Amended and Restated Articles of Incorporation (the “Articles of Incorporation”) and our Amended and Restated Bylaws (the “Bylaws”), each of which are incorporated by reference as an exhibit to the Annual Report on Form 10-K of which this Exhibit 4.1 is a part. We encourage you to read our Articles of Incorporation, our Bylaws and the applicable provisions of the General Corporation Law of the Georgia Business Corporation Code (“GBCC”) for additional information.
Authorized Shares of Capital Stock
Our authorized capital stock consists of 450,000,000 shares of common stock, par value $1.00 per share, and 10,000,000 shares of preferred stock, par value of $1.00 per share. 
Voting Rights; Preemptive Rights 
Each shareholder shall have one vote for each share having voting power registered in his name on the books of the Company on the record date for determination of its shareholders entitled to vote if such a record date has been fixed, or on the date the transfer books were closed if they have been closed.  None of the holders of shares of any class of stock of the Company shall be entitled as a matter of right to purchase, subscribe for or otherwise acquire any new or additional shares of stock of the Company of any class now or hereafter authorized, or any options or warrants to purchase, subscribe for or otherwise acquire any new or additional shares of stock of the Company of any class now or hereafter authorized, or any shares, evidences of indebtedness, or any other securities convertible into or carrying options or warrants to purchase, subscribe for or otherwise acquire any new or additional shares.  
Dividends 
The Company’s Board of Directors may, from time to time in its discretion, authorize or declare distributions or share dividends on shares of the Company’s common stock out of funds legally available for payment of dividends and in accordance with the GBCC.
Liquidation Rights
If the Company is liquidated, the holders of shares of common stock are entitled to share ratably in the distribution remaining after payment of debts and expenses and of the amounts to be paid on liquidation to the holders of shares of preferred stock, if any.
Listing
Our common stock is listed on the New York Stock Exchange ("NYSE") under the trading symbol GPC.
Transfer Agent and Registrar
The transfer agent and registrar for our common stock is Computershare, P.O. Box 30170, College Station, TX 77842-3170.
Exhibit
32.2
 
 Certification
of Principal Financial Officer, 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 BLS Media, Inc. a Nevada corporation
(the “Company”) on Form 10-Q for the period ending September 30, 2009, as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
Gary Prager, Chief Financial Officer of the Company, certifies to the best of
his knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.
 
 A signed
original of this written statement required by Section 906 has been provided to
BLS Media, Inc., and will be retained by BLS Media, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
 
 /s/ Gary
      PragerGary Prager
                Chief Financial
      Officer
                November
      13, 2009
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-20185

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CRISTOBAL JUSTINO VAZQUEZ-HERNANDEZ, also known as Cristobal

Vasquez, also known as Cristobal Justino Vasquez Hernandez,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:12-CR-592-1

Before JOLLY, JONES, and HIGGINSON, Circuit Judges.

PER CURIAM:*

Appealing the judgment in a criminal case, Cristobal Justino VazquezHernandez raises an argument that he concedes is foreclosed by United States

v. Rodriguez, 711 F.3d 541, 562 & n.28 (5th Cir. 2013) (en banc), petition for cert.

filed (June 6, 2013) (No. 12-10695), in which this court concluded that the

generic, contemporary definition of “sexual abuse of a minor” does not require

that the age of consent be lower than 17 years old and does not include an ageUnited States Court of Appeals

Fifth Circuit

F I L E D

October 25, 2013

Lyle W. Cayce

Clerk

* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

 Case: 13-20185 Document: 00512419368 Page: 1 Date Filed: 10/25/2013
No. 13-20185

differential requirement. The appellant’s motion for summary disposition is

GRANTED, and the judgment of the district court is AFFIRMED.

2

 Case: 13-20185 Document: 00512419368 Page: 2 Date Filed: 10/25/2013
V

104TH CONGRESS

1ST SESSION H. R. 827

To authorize the Secretary of Transportation to issue a certificate of

documentation with appropriate endorsement for the vessel ALPHA TANGO.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1995

Mr. BURTON of Indiana introduced the following bill; which was referred to

the Committee on Transportation and Infrastructure

A BILL

To authorize the Secretary of Transportation to issue a

certificate of documentation with appropriate endorsement for the vessel ALPHA TANGO.

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

3 That notwithstanding section 27 of the Merchant Marine

4 Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886

5 (46 App. U.S.C. 289), and sections 12106, 12107, and

6 12108 of title 46, United States Code, the Secretary of

7 Transportation may issue a certificate of documentation

8 with appropriate endorsement for the vessel ALPHA

9 TANGO (United States official number 723340).

Æ
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

DCHAE T. MADISON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D21-91

[February 25, 2021]

Appeal from the County Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Robert Panse, Judge; L.T. Case Nos. 50-2019-MM002571AXXX-NB and 50-2020-AP-000002-ZXXX-MB.

Carey Haughwout, Public Defender and L.K.S. Fagan, Assistant Public 

Defender, West Palm Beach, for appellant.

David Aronberg, State Attorney, and Joseph R. Kadis, Assistant State 

Attorney, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

LEVINE, C.J., GROSS and ARTAU, JJ., concur. 

* * *

Not final until disposition of timely filed motion for rehearing.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                             299
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   309
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 134,386
<CURRENT-LIABILITIES>                            1,685
<BONDS>                                        218,080
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (85,379)
<TOTAL-LIABILITY-AND-EQUITY>                   134,386
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                      182
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (27,379)
<INCOME-PRETAX>                                  3,725
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              3,725
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,725
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>     5
       
<S>                                       <C>
<PERIOD-TYPE>                             1-YEAR     
<FISCAL-YEAR-END>                         Dec-31-1997
<PERIOD-START>                            Jan-01-1997
<PERIOD-END>                              Dec-31-1997
<CASH>                                        179,796
<SECURITIES>                                        0 
<RECEIVABLES>                                       0 
<ALLOWANCES>                                        0
<INVENTORY>                                         0
<CURRENT-ASSETS>                              546,253 
<PP&E>                                      6,875,442
<DEPRECIATION>                              3,295,593 
<TOTAL-ASSETS>                              4,368,198
<CURRENT-LIABILITIES>                       2,228,931 
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0   
<PREFERRED>                                         0
<COMMON>                                            0
<OTHER-SE>                                          0
<TOTAL-LIABILITY-AND-EQUITY>                4,368,198  
<SALES>                                             0             
<TOTAL-REVENUES>                            1,979,247
<CGS>                                               0
<TOTAL-COSTS>                                       0   
<OTHER-EXPENSES>                                    0 
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                            354,856
<INCOME-PRETAX>                             (835,406) 
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                         (835,406)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0 
<NET-INCOME>                                        0
<EPS-PRIMARY>                                       0
<EPS-DILUTED>                                       0
         

</TABLE>
CERTIFICATION PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                                (18 U.S.C. 1350)

     In connection with the Annual Report of Leo Motors, Inc. (the "Company") on
Form 10-K for the year ended December 31, 2009, as filed with the Securities and
Exchange  Commission  on  the  date hereof (the "Report"), I, Robert Kang, Chief
Executive  Officer  and Interim Chief Financial Officer of the Company, certify,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), 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.



                                   /s/  Robert  Shi  Chul  Kang
                                   ----------------------------
                                   Robert  Shi  Chul  Kang
                                   Chief  Executive  Officer,  President
                                   and  Interim  Chief  Financial  Officer
                                   April  15,  2010
Exhibit 13.2

Certification of Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant
to 18 U.S.C. Section 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of WNS (Holdings) Limited (the Company) hereby certifies, to such officers knowledge, that:



| | (i) | the accompanying annual report on Form 20-F of the Company for the year ended March 31, 2012 (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
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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

Date: April 26, 2012



By:

/s/ Alok MisraName:

Alok MisraTitle:

Group Chief Financial Officer


The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C.
Section 1350, and is not being filed either as part of the Report or as a separate disclosure statement, and is not to be incorporated by reference into the Report or any other filing of the Company, whether made before or after the
date hereof, regardless of any general incorporation language in such filing. The foregoing certification shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject
to the liabilities of Section 18 or Sections 11 and 12(a)(2) of the Securities Act of 1933, as amended.
#### Sam W. DONAGHE, Plaintiff-Appellant, v. Vincent GOLLOGLY; et al., Defendants—Appellees.

No. 02-35697.

D.C. No. CV-01-05384-RJB.

United States Court of Appeals, Ninth Circuit.

Submitted March 10, 2003.*

Decided March 21, 2003.

Before CANBY, O’SCANNLAIN, and T.G. NELSON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Sam W. Donaghe, a pretrial detainee at Washington’s Special Commitment Center (“SCC”), appeals pro se the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that his SCC records contain inaccurate and unverified information, and that this erroneous information has been used to establish probable cause for his involuntary detention as a sexually violent predator. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, *Barnett v. Centoni,*31 F.3d 813, 815 (9th Cir.1994) (per curiam), and affirm.

The district court correctly granted summary judgment for the defendants because a favorable judgment on Donaghe’s section 1983 claims would necessarily imply the invalidity of his detention. *See Butterfield v. Bail,*120 F.3d 1023, 1025 (9th Cir.1997) (plaintiffs section 1983 action must be dismissed when it “necessarily implicates the validity of his continuing confinement”). Donaghe must present these claims in his state court civil commitment proceedings and, if necessary, through a writ of habeas corpus. *See Heck v. Humphrey,*512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994).

We reject Donaghe’s contention that *Heck*does not apply to him because he is not a prisoner serving a sentence for a *992criminal conviction. *See Brock v. Weston,*31 F.3d 887, 889-90 (9th Cir.1994) (involuntary commitment under Wash. Rev.Code § 71.09 satisfies “in custody” requirement of federal habeas corpus statute). Nevertheless, we construe the district court’s judgment to be without prejudice to Donaghe filing a new section 1983 action should he succeed in invalidating his detention. *See Trimble v. City of Santa Rosa,*49 F.3d 583, 585 (9th Cir.1995) (per curiam).

Moreover, the district court did not abuse its discretion or violate Donaghe’s due process rights by staying discovery pending its ruling on defendants’ summary judgment motion. The applicability of *Heck*was a dispositive legal question and further discovery would not have precluded summary judgment in favor of defendants. *See Little v. City of Seattle,*863 F.2d 681, 685 (9th Cir.1988) (affirming stay of discovery and stating that district court’s discovery “rulings will not be overturned unless there is a clear abuse of discretion”).1

Donaghe’s remaining contentions lack merit.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1

. Donaghe’s request for judicial notice of deposition transcripts, filed on February 18, 2003, is denied. *See*Fed.R.Evid. 201(b)(2) (judicially noticed fact must be "capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned”).