alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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                                                                    EXHIBIT 32.1

                                  CALTON, INC.
     CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)


        In connection with the annual report of Calton, Inc. (the "Company") on
Form 10-KSB for the fiscal year ended November 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Anthony
J. Caldarone, Chairman and 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:

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 in the Report fairly presents, in all material respects,
        the financial condition and results of operations of the Company.

Dated:  February 24, 2005              By:  /s/ Anthony J. CaldaronE
                                            --------------------------------
                                            Anthony J. Caldarone
                                            CHAIRMAN OF THE BOARD OF DIRECTORS
                                            AND CHIEF EXECUTIVE OFFICER
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

William Carey

v. Case No. 09-cv-91-PB

Northern NH Correctional Facility, Warden

O R D E R

After due consideration of the objection filed, I herewith approve the Report

and Recommendation of Magistrate Judge Muirhead dated June 4, 20009.

SO ORDERED.

June 19, 2009 /s/ Paul Barbadoro

Paul Barbadoro

United States District Judge

cc: William Carey, Pro se

Case 1:09-cv-00091-PB Document 9 Filed 06/19/09 Page 1 of 1
#### The People of the State of New York, Respondent, v Jearmy Kennedy, Appellant.

[806 NYS2d 420]

*568Appeal by the defendant from a judgment of the County Court, Suffolk County (Kerins, J.), rendered March 20, 2002, as amended April 17, 2002, convicting him of murder in the second degree (two counts), burglary in the first degree, and attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

The defendant argues that his conviction should be reversed because he was deprived of his right to proceed pro se. However, while the defendant’s request to proceed pro se was timely and initially unequivocal, he subsequently equivocated and engaged in conduct which prevented the fair and orderly exposition of the issues *(see People v Arroyo,*98 NY2d 101 [2002]; *People v McIntyre,*36 NY2d 10 [1974]; *People v Carter,*299 AD2d 418 [2002]; *People v Bell,*234 AD2d 378 [1996]). Thus, on the record as a whole, the denial of the request was not error *(see People v Providence,*2 NY3d 579 [2004]).

The defendant was not deprived of the effective assistance of counsel *(see People v McDonald,*1 NY3d 109 [2003]; *People v Hobot,*84 NY2d 1021, 1022 [1995]).

The sentence imposed was not excessive *(see People v Gelzer,*212 AD2d 630 [1995]). Ritter, J.P., Smith, Rivera and Lifson, JJ., concur.
#### The People of the State of New York, Respondent, v Janet Pearson, Appellant.

[744 NYS2d 619]

Appeal from a judgment of Ontario County Court (Doran, J.), entered March 9, 2001, convicting defendant after a jury trial of, inter alia, grand larceny in the fourth degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her following a jury trial of grand larceny in the fourth degree (Penal Law § 155.30 [1]), conspiracy in the fifth degree (§ 105.05 [1]), falsifying business records in the first degree (§ 175.10), and petit larceny (§ 155.25). Contrary to defendant’s contention, County Court properly admitted opinion evidence from the store’s loss prevention officer indicating that defendant and another woman were “working together.” The People established that the loss prevention officer possessed the “requisite skill, training, education, knowledge or experience from which it can be assumed that the * * * opinion rendered is reliable” *(Matott v Ward,*48 NY2d 455, 459). We reject the further contention of defendant that the court erred in permitting a prosecution witness to testify in rebuttal that defendant’s co-conspirator had previously stated that she was afraid of defendant. The rebuttal testimony was properly admitted because it was offered to contradict the testimony of the co-conspirator that she had a close, friendly relationship with defendant (see *People v Clabeaux,*277 AD2d 988, *lv denied*96 NY2d 781). The further contention of defendant that she was denied her statutory right to a speedy trial based on the People’s alleged delay in disclosing *Rosario*material is lacking in merit. The People properly disclosed that *Rosario*material after jury selection and before the first witness was sworn *(see*CPL 240.45 [1]), and thus there was no delay. In any event, even if there had been a delay, we would nevertheless conclude that such delay “did not affect their readiness to proceed [to trial], [and thus] any delay in producing * * * that material is not chargeable to the People” *(People v Mitchell,*234 AD2d 965, 966, *lv denied*89 NY2d 1097; *see People v Roney,*222 AD2d 1114). Present — Pine, J.P., Hurlbutt, Scudder, Kehoe, and Gorski, JJ.
I

107TH CONGRESS

1ST SESSION H. R. 2070

To amend the Fair Labor Standards Act of 1938 to exempt certain specialized

employees from the minimum wage recordkeeping and overtime compensation requirements.

IN THE HOUSE OF REPRESENTATIVES

JUNE 6, 2001

Mr. TIBERI (for himself and Mr. ANDREWS) introduced the following bill;

which was referred to the Committee on Education and the Workforce

A BILL

To amend the Fair Labor Standards Act of 1938 to exempt

certain specialized employees from the minimum wage

recordkeeping and overtime compensation requirements.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Sales Incentive Com5 pensation Act’’.

6 SEC. 2. EXEMPTION.

7 Section 13(a) of the Fair Labor Standards Act of

8 1938 (29 U.S.C. 213(a)) is amended—
2

•HR 2070 IH

1 (1) in paragraph (17), by striking the period

2 and inserting ‘‘; or’’; and

3 (2) by adding at the end the following:

4 ‘‘(18) any employee employed in a sales position

5 if—

6 ‘‘(A) the employee has specialized or tech7 nical knowledge related to products or services

8 being sold;

9 ‘‘(B) the employee’s sales are predomi10 nantly made to persons—

11 ‘‘(i) to whom any employee occupying

12 the sales position has made previous sales;

13 or

14 ‘‘(ii) without the employee having ini15 tiated the sales contact;

16 ‘‘(C) the employee has a detailed under17 standing of the needs of those to whom the em18 ployee is selling;

19 ‘‘(D) the employee exercises discretion in

20 offering a variety of products and services;

21 ‘‘(E) the employee receives—

22 ‘‘(i) base compensation, determined

23 without regard to the number of hours

24 worked by the employee, of not less than

25 an amount equal to one and one-half times
3

•HR 2070 IH

1 the minimum wage in effect under section

2 6(a)(1) multiplied by 2,080; and

3 ‘‘(ii) additional compensation that is

4 based upon each sale attributable to the

5 employee;

6 ‘‘(F) the employee’s additional compensa7 tion based upon sales attributable to the em8 ployee is not less than 40 percent of the

9 amount described in subparagraph (E)(i);

10 ‘‘(G) the employee receives a rate of com11 pensation based upon each sale attributable to

12 the employee which is beyond sales required to

13 reach the compensation required by subpara14 graph (F) which rate is not less than the rate

15 on which the compensation required by sub16 paragraph (F) is determined; and

17 ‘‘(H) the rate of base compensation de18 scribed in subparagraph (E)(i) for any em19 ployee who did not work for an employer for an

20 entire calendar year is prorated to reflect an21 nual compensation which would have been

22 earned if the employee had been compensated

23 at the same rate for the entire calendar year;’’.
4

•HR 2070 IH

1 SEC. 3. RULE OF CONSTRUCTION.

2 The amendments made by section 2 may not be con3 strued to apply to individuals who are employed as route

4 sales drivers.

Æ
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 2Federal Reserve Bank of: New YorkFilings received during the week ending September 23, 2017FilerFiling TypeFiling ProposalEnd of Comment PeriodNONE
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 annual report of Expert Systems, Inc. (the "Company") on Form 10-KSB for the year ended December 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, William Brent Griffin, acting in the capacity as the Chief Financial Officer of the Company, certify to the best of my knowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



(1)

The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



(2)

The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.





/s/ William Brent Griffin

William Brent Griffin

Chief Financial Officer

February
24, 2005
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 6Federal Reserve Bank of: AtlantaFilings received during the week ending December 26, 2020FilerFiling TypeFiling ProposalEnd of Comment PeriodCAPSTAR BANK                                                                                                            * BranchCapStar Bank, Nashville, Tennessee, to establish a branch located at10820 Kingston Pike, Knoxville, Tennessee.Newspaper: 01/07/2021Federal Register: Not applicableFIRSTBANC OF ALABAMA, INC.                                                                                              * 4c8FirstBanc of Alabama, Inc., Talladega, Alabama to acquire SouthFirst Bank, Sylacauga, Alabama.Newspaper: 01/22/2021Federal Register: Not availableMONTICELLO BANCSHARES, INC.                                                                                             CICAfter the fact change in control notice filed by Donald B. Kelly and Louise N. Kelly, both of Monticello, Georgia; Donald Bruce Kelly, Jr., Melissa A. Kelly, Donald Bruce Kelly, III, and Taylor Anne Kelly, all of Bogart, Georgia; E. Clyde Kelly, III, of Macon, Georgia; Jennifer Kelly, of Smyrna, Georgia; and Keryn K. Arnett, of Cumming, Georgia to retain control of Monticello Bancshares, Inc., and thereby indirectly retain voting shares of Bank of Monticello, both of Monticello, Georgia.Newspaper: 01/06/2021Federal Register: Not availableST. HOLDINGS, INC.                                                                                                      * 3A1St Hldgs, Inc., Orlando, Florida to become a bank holding company by acquiring outstanding shares of Rochelle State Bank, Rochelle, Georgia.Newspaper: Not availableFederal Register: Not available
#### The Union Trust Co. of Dayton, Ohio, et al. *v.*The Republic Asphalt Paving Co.

(No. 24317

— Decided April 11, 1934.)

*Mr. John W. Bricker,*attorney general, *Mr. Sidney G. Kusworm, Mr. D. W. Iddings, Mr. Hubert A. Estabrook*and *Mr. Norman L. Weisman,*for plaintiffs in error.

*Messrs. Ozias £ Ozias*and *Mr. W. S. Rhotehamel,*for defendant in error.

It is ordered and adjudged by this court, that the judgment of the said Court of Appeals be, and the same hereby is, reversed and said cause is hereby remanded to the Court of Common Pleas of Montgomery county, Ohio, with instructions to sustain the demurrer to the petition, for the reason that statutes in derogation of the common' law must be strictly construed, and under a strict construction of Section 712, General Code, presentation of a cheek for certification is not a presentation for “collection and payment”. *Fulton, Supt. of Banks,*v*. B. R. Baker-Toledo Co., post,*226.

*Judgment reversed and cause remanded.*

Weygandt, C. J., Allen, Stephenson, Jones, Matthias, Bevis and Zimmerman, JJ., concur.
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 07-cr-147-PB

Benjamin Hugron

O R D E R

The defendant, through counsel, has moved to continue the

August 21, 2007 trial in the above case, citing the need for

additional time to complete discovery, engage in plea

negotiations or prepare a defense. The government does not

object to a continuance of the trial date.

Accordingly, for the above reasons and to allow the parties

additional time to properly prepare for trial, the court will

continue the trial from August 21, 2007 to November 6, 2007. In

agreeing to continue the trial, the court finds pursuant to 18

U.S.C.A. § 3161(h)(8)(A) that for the above-stated reasons, the

ends of justice served in granting a continuance outweigh the

best interests of the public and the defendant in a speedy trial

Case 1:07-cr-00147-JL Document 10 Filed 08/11/07 Page 1 of 2
2

The court will hold a final pretrial conference on October

25, 2007 at 4:45 p.m. 

SO ORDERED.

/s/Paul Barbadoro 

Paul Barbadoro

United States District Judge

August 11, 2007

cc: Sven Wiberg, Esq.

Donald Feith, AUSA

United States Probation

United States Marshal

Case 1:07-cr-00147-JL Document 10 Filed 08/11/07 Page 2 of 2
38

C.5. Average Variable Interest Rates on Farm Loans

Percent

Other operating Intermediate non-real- Long-term real

Quarter loans1estate loans estate loans

 Ninth (Minneapolis) Federal Reserve District (MI*, MN, MT, ND, SD, WI*)

2006: Q4... 9.0 8.8 8.3

2007: Q1... 8.9 8.8 8.2

 Q2... 8.8 8.7 8.2

 Q3... 8.7 8.6 8.2

 Q4... 8.2 8.1 7.6

2008: Q1... 6.9 7.0 6.6

 Q2... 6.6 6.7 6.4

 Q3... 6.7 6.8 6.5

 Q4... 6.2 6.4 6.1

 Tenth (Kansas City) Federal Reserve District (CO, KS, MO*, NE, NM*, OK, WY)

2006: Q4... 9.2 8.9 8.3

2007: Q1... 9.1 8.8 8.3

 Q2... 9.1 8.8 8.2

 Q3... 9.0 8.7 8.1

 Q4... 8.5 8.2 7.7

2008: Q1... 7.4 7.2 6.7

 Q2... 7.1 6.9 6.6

 Q3... 7.0 6.9 6.5

 Q4... 6.7 6.7 6.4

 Twelfth (San Francisco) Federal Reserve District (AL, AZ, CA, HI, ID, NV, OR, UT, WA)

2006: Q4... 9.4 9.4 8.8

2007: Q1... 9.2 9.3 8.6

 Q2... 9.4 9.5 9.3

 Q3... 9.1 8.9 8.8

 Q4... 8.3 8.4 8.4

2008: Q1... 7.5 7.6 7.7

 Q2... 6.6 6.8 6.8

 Q3... 6.8 7.3 7.1

 Q4... 5.5 5.9 5.8

 1. Loans used primarily to finance such items as current crop production expenses and the care and

feeding of livestock (including poultry).

 * State falls only partly within the indicated Reserve District.

 n.a. Not available.

 Source. Federal Reserve Bank quarterly surveys of agricultural credit conditions at commercial banks.
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America,

Plaintiff

 

v. Case No. 08-cr-166-01-SM

Maureen Blake,

 Defendant

O R D E R

Defendant Blake’s motion to continue the trial is granted (document no.

9). Trial has been rescheduled for the month of June 2009. Defendant Blake 

shall file a waiver of speedy trial rights not later than March 13, 2009. On the

filing of such waiver, her continuance shall be effective. 

 The Court finds that the ends of justice served by granting a continuance

outweigh the best interest of the public and the defendant in a speedy trial,

18 U.S.C. § 3161(h)(8)(B)(iv), in that failure to grant a continuance would

unreasonably deny the defendant the reasonable time necessary for effective

preparation taking into account the exercise of due diligence under the

circumstances. 

Case 1:08-cr-00166-SM Document 11 Filed 03/05/09 Page 1 of 2
2

Final Pretrial Conference is scheduled for June 5, 2009 at 10:30 a.m. 

Jury selection will take place on June 16, 2009 at 9:30 a.m. 

SO ORDERED.

_________________________

 Steven J. McAuliffe

 Chief Judge

March 5, 2009

cc: Bruce Kenna, Esq.

Don Feith, AUSA

U.S. Marshal

U.S. Probation

Case 1:08-cr-00166-SM Document 11 Filed 03/05/09 Page 2 of 2
exv10w35



 






Exhibit 10.35




Non-Employee Director Compensation Package

(for new directors joining the board after March 1, 2004)

Effective February 16, 2005




Initial Compensation – Restricted Stock Grant





$100,000 of restricted stock based on fair market value at grant (that is, $100,000 divided
by the closing price = the number of shares)




	 	•  	Vesting ratably over a three-year period on each annual anniversary of the
date of grant






Pro rated portion of Annual Stipend and Committee Chair Fee for period of year until next
annual shareholder meeting



Annual Compensation





Stipend — $30,000 either in cash or restricted stock, at director’s election




Audit Committee Chair Fee — $10,000




Compensation Committee and Governance and Nominating Committee Chair Fee — $5,000




Board Meeting Fee — $1,000 per meeting attended




Committee Meeting Fee — $500 per meeting attended




Annual Restricted Stock Grant — $25,000 of stock (at time of grant), with three-year
vesting schedule, issued annually on date of annual shareholder meeting, beginning with the
first annual shareholder meeting that occurs after the director’s first anniversary of
being elected




Reimburse director for cost of purchasing a Life Time Fitness “family” membership



Terms




      Restricted stock will be granted under the Life Time Fitness 2004 Long-Term Incentive Plan or
such other equity compensation plan as in effect from time to time.



      Stipend, if taken in cash, to be paid 50% on the date of shareholder election and 50% on the
six-month anniversary of such date. If stipend is taken in restricted stock, grant will be made on
date of shareholder election, at that date’s closing market price (e.g. $30,000 divided by the
closing market price of Life Time Fitness stock on such date equals the number of restricted shares
of stock to be granted). Such restricted stock will vest on the one-year anniversary of such date.



      Committee Chair Fee to be paid in cash, 50% on the date of shareholder election and 50% on the
six-month anniversary of such date.



      Meeting Fees to be paid in cash at the end of each fiscal quarter for all meetings attended
during such quarter.
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

segTEL, Inc.,

v. Civil No. 07-340-JL

Town of Hanover, et al.

O R D E R

On February 18, 2008, the Preliminary Pretrial Conference

was held in chambers. 

The parties' Discovery Plan is approved, with one

qualification: all deadlines are postponed thirty (30) days. 

The Clerk shall reschedule the trial date and related hearings in

accordance with this 30-day extension.

After conferring with counsel, the defenses asserted in the

following paragraphs of the defendant's answer are stricken:

¶¶ 77 ("personal jurisdiction" is stricken; the remainder of

the jurisdictional defense is not), 78 (lack of standing), 84

(qualified and absolute immunity), 85 (statutory and common law

immunity) and 86 (discretionary function immunity).

The defendants' counsel will amend the answer with respect

to ¶¶ 19, 23, and 24.

If the defendants’ counsel wishes to modify the terms of the

court’s October 19, 2007 order mooting the motion for a Temporary

Case 1:07-cv-00340-JL Document 20 Filed 02/22/08 Page 1 of 2
2

Restraining Order, counsel should file a motion seeking such

relief.

SO ORDERED.

____________________________

Joseph N. Laplante

United States District Judge

February 22, 2008

cc: Carolyn K. Cole, Esq.

Robert D. Ciandella, Esq.

Robert M. Derosier, Esq.

Case 1:07-cv-00340-JL Document 20 Filed 02/22/08 Page 2 of 2
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 1Federal Reserve Bank of: BostonFilings received during the week ending July 11, 2009FilerFiling TypeFiling ProposalEnd of Comment PeriodCONAHASSET BANCSHARES MHC                                                                                               * 3A1
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

Gregory L. Baker, DDS

 v. Civil No. 07-cv-377-JL

George R. Ramel and

Northwestern Mutual Life Ins. Co.

O R D E R

Although the undersigned judge has not recused himself, and

does not intend to recuse himself, from all cases involving

Attorney Kissinger or his firm, the requested recusal in this

case is granted in deference to the concerns of the plaintiff and

plaintiff’s counsel. The clerk shall assign this case to another

judge.

 SO ORDERED.

/s/Joseph N. Laplante 

Joseph N. Laplante

United States District Judge

January 22, 2008

cc: Lucy J. Karl, Esq.

William C. Saturley, Esq.

Andrew S. Winters, Esq.

Byrne J. Decker, Esq.

Case 1:07-cv-00377-JD Document 10 Filed 01/22/08 Page 1 of 1
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[Federal Register Volume 73, Number 192 (Thursday, October 2, 2008)]
[Notices]
[Page 57370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22850]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Center for Scientific Review; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the 
Musculoskeletal Rehabilitation Sciences Study Section, October 9, 2008, 
8 a.m. to October 10, 2008, 4 p.m., Hilton Old Town Alexandria, 1767 
King Street, Alexandria, VA, 22314 which was published in the Federal 
Register on September 17, 2008, 73 FR 53880-53882.
    The meeting will be held October 16, 2008 to October 17, 2008. The 
meeting time and location remains the same. The meeting is closed to 
the public.

    Dated: September 22, 2008.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
 [FR Doc. E8-22850 Filed 10-1-08; 8:45 am]
BILLING CODE 4140-01-P