alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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Exhibit 32


                            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 Enova Systems,  Inc. (the "Company") on
Form 10-K for the year ended  December 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned,  Carl D.
Perry,  Chief Executive  Officer,  and Larry B. Lombard,  Acting Chief Financial
Officer,  of the Company,  certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted
pursuant to ss. 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/  Carl D. Perry
------------------------
Carl D. Perry
Chief Executive Officer
March 30, 2004



/s/   Larry B. Lombard
------------------------
Larry B. Lombard
Acting Chief Financial Officer
March 30, 2004

This  certification  accompanies  this  Report  pursuant  to Section  906 of the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed  filed by the  Company  for  purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
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##### 



Exhibit 31.02 CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO SECTION 302
OF THE SARBANES-OXLEY ACT OF 2002 I, Gregory J. Melsen, Vice President, Finance and Chief Financial Officer of
PLATO Learning, Inc., certify that:  1.
    
    I have reviewed this Quarterly Report on Form 10-Q of PLATO Learning,
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 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 (as defined in
Exchange Act Rules 13a-15(f) and 15d-15(f)) that occurred during the
registrants most recent fiscal quarter (the registrants fourth fiscal
quarter in the case of an annual report) that has materially affected, or
is reasonably likely to materially affect, the registrants internal
control over financial reporting.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 auditors and the audit committee of the registrants
board of directors: (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 14, 2004
    /s/ Gregory J. MelsenVice President, Finance andChief Financial Officer
SYNOPSIS OF THE CASE

2020 MT 69: DA-18-0661, AGUSTIN RAMON, Plaintiff and Appellant, v. DARREN 

SHORT, in his official capacity as Sheriff of Lincoln County and Administrator of 

Lincoln County Detention Center, Defendant and Appellee.

1

The Montana Supreme Court has ruled that holding individuals pursuant to a federal civil 

immigration detainer request is an arrest under Montana law. And, Montana law does not 

provide Montana law enforcement officers with the authority to arrest individuals based on 

federal civil immigration violations through immigration detainer requests. Montana 

requires an arrest warrant issued by proper judicial authority.

In August 2018, Agustin Ramon (“Ramon”), a resident of Eureka, Montana, was arrested 

on a charge of burglary and booked into the Lincoln County Jail. When Ramon attempted 

to post his $25,000 bond, the jail informed the bail-bondsman that the Lincoln County 

Sheriff would continue to detain Ramon, even if his bond were paid because the U.S. 

Customs and Border Protection had sent the jail a civil immigration detainer request.2 The 

Border Patrol had probable cause that Ramon was a removable alien under the federal 

Immigration and Nationality Act and requested that the Jail hold Ramon for up to 48 hours 

beyond the time he was entitled to release. As a result of the Border Patrol’s detainer 

request, Ramon’s bondsman declined to post his bond since it would have been futile, and 

Ramon was not released. Ramon then filed a complaint in October 2018 alleging the Sheriff 

violated Montana law in honoring the Border Patrol’s request. In November 2018 the 

lower court held against Ramon. 

On appeal, the Supreme Court reversed the lower court’s decision, holding that Ramon’s 

continued detention for a new purpose when he was otherwise entitled to release was an 

arrest under Montana law and that the Lincoln County Sheriff lacked state arrest authority 

to detain Ramon on the basis of his potential removal under federal immigration law. 

Arrest authority of Montana law enforcement officers is controlled by Montana law. A

detainer request is not an arrest warrant and does not compel the re-arrest of a person 

otherwise entitled to release.

 

1 The Court prepared this synopsis for the reader’s convenience. It constitutes no part of the 

Opinion of the Court and may not be cited as precedent.

2 Use of federal civil immigration detainers in Montana has recently increased. Since 2003, 

approximately 543 detainers have been issued in Montana and the years 2017, 2018, and 2019, 

saw a doubling of the previous three years with a total of 190 detainers issued.

03/25/2020

Case Number: DA 18-0661
* Pursuant to 5 TH C IR

. R. 47.5, the court has determined th a t

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 98-50657 Summary Calendar

_____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MURRELL LaTODD ROBINSON,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the Western District of Texas USDC No. MO-97-CR-70-ALL

_________________________________________________________________
March 30, 1999

Before JOLLY, SMITH, and WIENER, Circuit Judges.

PER CURIAM: *

Murrell LaTodd Robinson appeals his conviction and sentence

for distribution and possession with in tent to distribute crack

cocaine. Robinson argues that his Fourth Amendment rights were

violated by the police officers’ failure to “knock and announce”

prior to entering his apartment pursuant to a search warrant, and

that the district court erred in increasing his guideline offense

level pursuant to § 3C1.1 on the basis that he committed perjury at

trial.2

Viewing t he facts in the light most favorable to the

prosecution, the district court had ample evidence to conclude that

the officers reasonably sus pected that knocking and announcing

would have placed them in danger and probably would have resulted

in the destruction of evidence. S ee Richards v. Wisconsin

, 520

U.S. 385,

___, 117 S.Ct. 1416, 1421 (1997). Accordingly, the

district court did not err in denying Robinson’s motion to suppress

on the basis of the officers’ failure to “knock and announce.”

As for the sentencing enhancement for obstruction of justice,

perjury is specifical ly listed in the comments to § 3C1.1 as an

example of conduct to which the enhancement applies. S ee U.S.

Sentencing Guidelines, § 3C1.1, comment. (n.3(b)); United States v.

Storm
, 36 F.3d 1289, 1295 (5th Cir. 1994). In the light of the

colloquy preceding the decision to apply § 3C1.1, the district

court made sufficient findings of obstruction of justice based on

Robinson’s perjured testimony that he was not involved in selling

crack cocaine. S ee Storm
, 36 F.3d at 1295. The district court did

not clearly err in concluding that Robinson’s offense level should

be increased by two levels for obstruction of justice under

§ 3C1.1. See United States v. Dunnigan , 507 U.S. 87, 95 (1993)).

A F F I R M E D.
Exhibit 18.1



March 11, 2005



The Newark Group, Inc.

20 Jackson Drive

Cranford, New Jersey



Dear Sirs/Madams:



At your request, we have
read the description included in your Quarterly Report on Form 10-Q to the Securities and Exchange Commission for the quarter ended January 31, 2005, of the facts relating to the change in the method of accounting for certain finished goods
inventory from the last-in, first-out (LIFO) method to the first-in, first-out (FIFO) method. We believe, on the basis of the facts so set forth and other information furnished to us by appropriate officials of the Company, that the accounting
change described in your Form 10-Q is to an alternative accounting principle that is preferable under the circumstances.



We have not audited any consolidated financial statements of The Newark Group, Inc. and its consolidated subsidiaries as of any date or for any period subsequent to April
30, 2004. Therefore, we are unable to express, and we do not express, an opinion on the facts set forth in the above-mentioned Form 10-Q, on the related information furnished to us by officials of the Company, or on the financial position, results
of operations, or cash flows of The Newark Group, Inc. and its consolidated subsidiaries as of any date or for any period subsequent to April 30, 2004.



|                         
|-------------------------
|Yours truly,             
|                         
|/s/ Deloitte & Touche LLP
|Parsippany, New Jersey
#### CHARLES A. VICKEY v. HARRY NESSLER, ET AL.

May 30, 1989.

Petition for certification denied. (See 230 *N.J.Super.*141)
[Cite as Rutushin v. Arditi , 2013-Ohio-2167.] STATE OF OHIO, MAHONING COUNTY

IN THE COURT OF APPEALS

SEVENTH DISTRICT PATTY RUTUSHIN, ) ) CASE NO. 12 MA 114 PLAINTIFF-APPELLEE, ) ) - VS - ) OPINION ) AND LINDA ARDITI, ) JUDGMENT ENTRY ) DEFENDANT-APPELLANT. )

CHARACTER OF PROCEEDINGS: Motion for Reconsideration.

JUDGMENT: Motion Denied.

APPEARANCES: For Plaintiff-Appellee: Attorney Matthew Giannini 1040 South Commons Place Suite 200 Youngstown, OH 44514 No Response Filed. For Defendant-Appellant: Linda Arditi, Pro-se P.O. Box 221 North Jackson, OH 44451-0221

JUDGES: Hon. Mary DeGenaro Hon. Gene Donofrio Hon. Joseph J. Vukovich

Dated: May 21, 2013[Cite as Rutushin v. Arditi , 2013-Ohio-2167.] PER CURIAM: {¶1} Pro-se Defendant-Appellant Linda Arditi has filed an application for

reconsideration of our decision in Rutushin v. Arditi , 7th Dist. No. 12MA114, 2013-Ohio1427. For the following reasons, the application is denied. {¶2} An application for reconsideration of an appellate decision can be filed no later than ten days after the clerk has both mailed the parties the judgment and made a note on the docket of the mailing. App.R. 26(A)(1)(a). This court's decision was filed on March 26, 2013. The clerk sent notice of the decision to the parties and made the required notation on the docket on March 28, 2013. Arditi's application was filed 20 days later, on April 17, 2013, which is well outside the 10-day window and therefore untimely. "An untimely application for reconsideration must be denied." State v. Hess , 7th Dist. No. 02 JE 36, 2004-Ohio-1197, ¶4, citing Martin v. Roeder , 75 Ohio St.3d 603, 665 N.E.2d 196 (1996). {¶3} Even assuming for the sake of argument that Arditi's had been timely filed, it would fail on the merits. A reconsideration application must call to the attention of the appellate court an obvious error in its decision or point to an issue that was raised to the court but was inadvertently either not cons idered at all or not fully considered. Juhasz v.

Costanzo , 7th Dist. No. 99-C.A.-294, 2002 WL 206417, (Feb. 1, 2002). An application for reconsideration may not be utilized where a party simply disagrees with the conclusion reached and the logic used by an appellate court. Victory White Metal Co. v. N.P. Motel Syst ., 7th Dist. No. 04MA245, 2005-Ohio-3828, ¶2; Hampton v. Ahmed , 7th Dist. No. 02BE66, 2005-Ohio-1766, ¶16. {¶4} Arditi's assertions fail to call attention to an obvious error in this court's- 2 -

decision or an issue that was raised but not fully considered; rather, she expresses disagreement with the decision. Moreover, the bulk of her application consists of inappropriate ad hominem comments about this court and those in government service. This is well outside the scope of what this court may consider in an application for

reconsideration. {¶5} Accordingly, Arditi's application for reconsideration is denied.

DeGenaro, P.J., concurs. Donofrio, J., concurs. Vukovich, J., concurs.
Exhibit H 

Case 2:15-cv-01856-BSB Document 53-8 Filed 12/30/16 Page 1 of 2
Case 2:15-cv-01856-BSB Document 53-8 Filed 12/30/16 Page 2 of 2
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Everett Knop,

Plaintiff,

v.

Bard Peripheral Vascular, Inc. and C. R. 

Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-04271-PHX-DGC

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

Date: December 8, 2017 /s/ Richard B. North, Jr.

Attorney's signature

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed name and bar number

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6000

Telephone number

(404 322-6050

FAX number

Case 2:15-md-02641-DGC Document 9292 Filed 12/12/17 Page 1 of 1
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