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



EXHIBIT 12.1

ARCHSTONE-SMITH OPERATING TRUST
COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES

(Dollar amounts in thousands)

(Unaudited)

Nine Months EndedSeptember 30,
    
    Twelve Months Ended December 31,2003(1)(2)
    
    2002(1)
    
    2002(1)
    
    2001(1)
    
    2000(1)
    
    1999(1)
    
    1998(1)Earnings from operations
    
    $
    83,516
    
    
    $
    138,627
    
    
    $
    180,698
    
    
    $
    144,096
    
    
    $
    147,432
    
    
    $
    151,457
    
    
    $
    108,041Add:Interest expense
    
    
    138,050
    
    
    
    121,653
    
    
    
    190,319
    
    
    
    87,121
    
    
    
    110,134
    
    
    
    93,226
    
    
    
    56,328Earnings as adjusted
    
    $
    221,566
    
    
    $
    260,280
    
    
    $
    371,017
    
    
    $
    231,217
    
    
    $
    257,566
    
    
    $
    244,683
    
    
    $
    164,369Fixed charges:Interest expense
    
    $
    138,050
    
    
    $
    121,653
    
    
    $
    190,319
    
    
    $
    87,121
    
    
    $
    110,134
    
    
    $
    93,226
    
    
    $
    56,328Capitalized interest
    
    
    18,457
    
    
    
    24,587
    
    
    
    34,303
    
    
    
    29,186
    
    
    
    34,471
    
    
    
    38,781
    
    
    
    29,942Total fixed charges
    
    $
    156,507
    
    
    $
    146,240
    
    
    $
    224,622
    
    
    $
    116,307
    
    
    $
    144,605
    
    
    $
    132,007
    
    
    $
    86,270Ratio of earnings to
fixed charges
    
    
    1.4
    
    
    
    1.8
    
    
    
    1.7
    
    
    
    2.0
    
    
    
    1.8
    
    
    
    1.9
    
    
    
    1.9




|(1) |  | Net earnings from discontinued operations have been reclassified
for all periods presented.
|--- |  | -------------------------------------------------------------------------------------------



|(2) |  | The nine months ended September 30, 2003 include $25.0 million in
expense for estimated and incurred legal fees for our counsel and
plaintiffs counsel, estimated settlement costs based upon the current
status of discussions, additional resident property repair and
replacement costs and temporary resident relocation expenses associated
with moisture infiltration and resulting mold issues at Harbour House,
a Southeast Florida high-rise property that became subject to
litigation in the third quarter of 2002.
|--- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
213 La. 641

#### STATE ex rel. DIEHL v. DUCOTE.

No. 38819.

Supreme Court of Louisiana.

March 22, 1948.

Edward G. Gillin, of New Orleans, for defendant-relator.

Maxwell J. Bordelon, of Marks-ville, for respondent.

PONDER, Justice.

This matter comes to us on writs of certiorari, mandamus and prohibition.

The respondent divorced the relator in the Parish of Avoyelles on February 2, 1945,' on the grounds that they had lived separate and apart for more than two years. The custody of their minor child,. Annie Marie Ducote, was awarded to the respondent. The relator, having subsequently remarried and established a domicile in the Parish of Orleans, instituted habeas corpus proceedings in the Parish of Avoyelles seeking to obtain the custody of the child. Upon hearing of these proceedings, .the permanent custody of the-minor child was awarded to the relator,, subject to the privilege of the respondent to visit and Ííave temporary custody of the child at convenient times and without interference with the child’s education. Sometime thereafter the respondent instituted the present habeas corpus and contempt proceedings in the Parish of Avoy-elles seeking to regain the custody of the child and to have the relator adjudged in contempt of court. The original record in these proceedings, brought up by cer-tiorari, contains only the respondent’s petition, the order of court and a judgment awarding the permanent custody of the child to the respondent. The relator applied for and obtained the exercise of the supervisory powers of this court.

The relator contends that the judgment should be annulled for the reason that citation and service of the proceedings-were not made in conformity with law and that the judgment was rendered without giving her a hearing. She advances other grounds for relief. The trial judge has filed a statement of facts since we ordered this case brought up. Without going into his statement in detail, it is sufficient to say that it was his purpose to award the custody of the child on the basis of six months to the father and si-x months to the mother, in order to give the child sufficient time to determine with whom she wished to live.

We see no reason to go into the various disputes raised -in these proceedings for the reason that the judgment must be set aside and the custody of the child awarded to its mother because the mother’s *416fitness is not questioned and no sound reason appears why it would be to the best interest of the child to deprive the mother of its custody.

It is so well settled in the jurisprudence of this State that the mother of a child "of tender age is entitled to its custody, unless the mother is unfit or it appears to the greater welfare of the child to place its custody elsewhere, that it is unnecessary to review our jurisprudence to that effect.

For the reasons assigned, the judgment of the lower court is annulled and set aside. It is now ordered that the permanent custody of the minor child, Annie Marie Ducote, be awarded to the respondent, Cora Mae Avery Diehl. All costs of these proceedings, to be paid by the respondent, Moise Ducote.
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 113 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
H. J. RES. 113

_______________________________________________________________________

                            JOINT RESOLUTION

 
         Recognizing the contributions of Patsy Takemoto Mink.

Whereas Patsy Takemoto Mink was one of the country's leading voices for women's 
        rights, civil rights, and working families and was devoted to raising 
        living standards and providing economic and educational opportunity to 
        all Americans;
Whereas Patsy Takemoto Mink was a passionate and persistent fighter against 
        economic and social injustices in Hawaii and across America;
Whereas Patsy Takemoto Mink was one of the first women of color to win national 
        office in 1964 and opened doors of opportunity to millions of women and 
        people of color across America;
Whereas Patsy Takemoto Mink won unprecedented legislative accomplishments on 
        issues affecting women's health, children, students, and working 
        families; and
Whereas Patsy Takemoto Mink's heroic, visionary, and tireless leadership to win 
        the landmark passage of title IX of the Education Amendments of 1972 
        opened doors to women's academic and athletic achievements and redefined 
        what is possible for a generation of women and for future generations 
        our Nation's daughters: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.; Public Law 92-318) may be 
cited as the ``Patsy Takemoto Mink Equal Opportunity in Education 
Act''.

            Passed the House of Representatives October 9, 2002.

            Attest:

                                                                 Clerk.
107th CONGRESS

  2d Session

                             H. J. RES. 113

_______________________________________________________________________

                            JOINT RESOLUTION

         Recognizing the contributions of Patsy Takemoto Mink.
```
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 09** 
**- 2114** 

DEBORAH S. LINZER , Plaintiff

- Appellant ,

v. KATHLEEN SEBELIUS, Secretary, United States Department of Health and Human Services , Defendant

- Appellee

.

App eal from the United States District Court for the District of Maryland , at Greenbelt

. Alexander Williams, Jr. , District Judge. ( 8:07

- cv
- 00597

- AW )

Submitted : April 19, 2010 Decided: May 12, 2010

Before TRAXLER, Chief Judge, AGEE , Circuit Judge , an d HAMILTON, Senior Circuit Judge.

Affirmed by un published per curiam opinion

.

Bryan A. Chapman, LAW OFFICE OF BRYAN A. CHAPMAN, Washington, D.C., for Appellant . Rod J. Rosenstein, United States Attorney, Jason D. Medinger, Assistant United States At torney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 P ER CURIAM:
Deborah S. Linzer appeals the district court ’ s order
grant ing summary judgment in favor of Sebelius on Lin z er’s
Rehabilitation Act co mplaint . We have reviewed the record and
find no reversible error. Accordingly, we affirm for the
reasons stated by the district court. Linzer v. Sebelius , No.

8:07

- cv
- 0059 7

- AW (D. Md. Aug. 28, 2009) . We dispense with oral
argument because the facts an d legal contentions are adequately
presented in the materials before the court and argument would
not aid the decisional process.

AFFIRMED
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17
- 6219

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. MALCOLM ROBERT LEE MELVIN , Defendant

- Appellant

.

Appeal from the United States District Court for the District of South Carolina , at Florence

. R. Bryan Harwell, Chief District Judge. ( 4:11

- cr - 00079

- RBH

- 1 ; 4:16

- cv - 01273

- RBH )

Submitted : December 19, 2019 Decided: January 17, 2020

Before NIEMEYER and FLOYD , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

.
Malcolm Robert Lee Melvin , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Malcolm Robert Lee Melvin seeks to appeal the district court’s order de nying relief on his 28 U.S.C. § 2255 (201 8 ) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (201 8 ). A certificate of appealability will not issue absent “a substantia l showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (201 8 ). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s asses sment of the constitutional claims is debatable or
wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Melvin has not made the re quisite showing. * Accordingly, we deny Melvin’s motion for appointment of counsel, deny a certificate of appealability , and dismiss the appeal. We dispense with oral argument

* Although we previously held this appeal in abeyance pending our decision in United States v. Ali , No. 15

- 4433, we conclude that continued abeyance is now unnecessary in light of our decision in United States v. Mathis , 932 F.3d 242, 266 (4th Cir. 2019), c ert. denied , __ U.S.L.W. __, 2019 WL 6689801 (U.S. Dec. 9, 2019) (No. 19

- 6423), and cert. denied , __ U.S.L.W. __, 2019 WL 6609802 (U.S. Dec. 9, 2019) (No. 19

- 6424)

.3 because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
<PAGE>

                                                                    EXHIBIT 32.4

        Certification Pursuant to Section 1350 of Chapter 63 of Title 18
                            of the United States Code

     I, E. James Ferland, Chief Executive Officer of PSEG Power LLC, to the best
of my knowledge, certify that (i) the Quarterly Report of PSEG Power LLC on Form
10-Q for the quarter ended September 30, 2004 (the "Periodic Report") fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and (ii) the information contained in the Periodic Report
fairly presents, in all material respects, the financial condition and results
of operations of PSEG Power LLC.


                                    /s/ E. James Ferland
                                    --------------------------------------------
                                    E. James Ferland
                                    PSEG Power LLC
                                    Chief Executive Officer
                                    October 29, 2004
Exhibit 31.1

CERTIFICATION

I, Corey
Henry, certify that:

1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Drive Auto Receivables Trust 2018-3 (the
Exchange Act periodic reports);

2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

4. Based
on my knowledge and the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in
all material respects; and

5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and
their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such
reports have been disclosed in this report on Form 10-K.

In giving the certifications above, I
have reasonably relied on information provided to me by the following unaffiliated parties: Wilmington Trust, National Association.



By:

/s/ Corey HenryName:

Corey HenryTitle:

President and Chief Executive OfficerSantander Drive Auto Receivables LLC, as Depositor(senior officer in charge of securitization of the depositor)Date:

March 29, 2019
**EXHIBIT 31.1**

 

**CERTIFICATION**

 

I, Corrado De Gasperis, certify that:

 

1. I have reviewed this annual report on Form 10-K/A of Novamerican Steel Inc.;

 

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 condensed consolidated 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 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 registrant and we 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 registrant, 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 registrant’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 registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s registered public accounting firm and the audit committee of the registrant’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 registrant’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 registrant’s internal control over financial reporting.

 

| Date: | June 11, 2008 |   |
|-------|---------------|--------|

 

 

 

| /s/*Corrado De Gasperis*        |   |
|---------------------------------|--------|
| *Corrado De Gasperis*           |   |
| *(Principal Executive Officer)* |   |
EXHIBIT 15.1

The
Trustee
Archstone-Smith Operating Trust:

Re:
Registration Statement Nos. 333-133285 (Form S-3).and 333-144717 (Form S-4)

With
respect to the subject registration statements, we acknowledge our awareness of the use therein of our report dated August 9, 2007 related to our review of interim financial
information.

Pursuant
to Rule 436 under the Securities Act of 1933 (the Act), such report is not considered a part of a registration statement prepared or certified by an independent
registered public accounting firm, or a report prepared or certified by an independent registered public accounting firm within the meaning of Sections 7 and 11 of the Act.

/s/
KPMG LLP

Denver,
Colorado
August 9, 2007

---



QuickLinks
#### James P. O’Keefe, Jr., Respondent, v Uniondale Fire District et al., Defendants, and Uniondale Water District of the Town of Hempstead, Appellant.

Order unanimously affirmed without costs *(see, Uss v Town of Oyster Bay,*37 NY2d 639). (Appeal from order of Supreme Court, Nassau County, Murphy, J.—discovery.) Present—Denman, J. P., Green, Pine, Balio and Lowery, JJ.
Exhibit 31.1**CERTIFICATIONS PURSUANT TO SECTION 302 OF SARBANES-OXLEY ACT OF 2002**I, Anthony A. Cook, certify that:     1. I have reviewed this Annual Report of DCP Holding Company (the “Company’) on Form 10-K forthe fiscal year ended December 31, 2006;     2. Based on my knowledge, this annual report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to the periodcovered by this annual report;     3. Based on my knowledge, the financial statements, and other financial information includedin this annual report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this annualreport;     4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 12a-15(e) and15d-15(e)) for the registrant and have:          a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;          b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, 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 registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and     5. The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions):          a) All significant deficiencies and material weakness in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and          b) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.Date: March 30, 2007     Signature: /s/ Anthony A. Cook    Anthony A. Cook    Principal Executive Officer  
65
Case 1:04-cv-00279-PB   Document 24   Filed 11/22/05   Page 1 of 1
|   INVESTOR CONTACTS: |                                    |   |   MEDIA CONTACT: |
|--------------------------------|-----------------------------------------|--------|----------------------------|
| David Whitehouse               | Gregory Lundberg                        |   | Brigid Smith               |
| SVP & Treasurer            | Assistant Treasurer, Investor Relations |   | AVP, Corp. Comm.           |
| (203) 614-5708                 | (203) 614-5044                          |   | (203) 614-5042             |
| david.whitehouse@ftr.com       | greg.lundberg@ftr.com                   |   | brigid.smith@ftr.com       |