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

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

UNITED STATES OF AMERICA, )

Plaintiff, )

 )

v. ) CIVIL ACTION NO. 12-00498-KD-C

 ) 

HAMILTON SMITH, )

Defendant. )

JUDGMENT

This bifurcated matter came before the Court for a March 31-April 4, 2014 jury trial on 

liability (Phase I),

1 and a June 2-3, 2014 bench trial on damages (Phase II).2

In accordance with the jury’s April 4, 2014 verdict finding Defendant Hamilton Smith 

liable as to certain dams/roads (Docs. 94-6, 97-1), and the June 2014 bench trial and 

subsequently entered July 24, 2014 Order and accompanying temporary restorative injunction 

(Docs. 145, 145-1), it is ORDERED, ADJUDGED and DECREED that the Government’s 

request for relief against Smith is DENIED in part and GRANTED in part as follows: 

1) the Government’s request for entry of a permanent injunction against Smith is 

DENIED;

2) the Government’s request for a temporary restorative injunction against Smith is 

GRANTED in part as amended and detailed in Doc. 145-1;

3) the Government’s request for compensatory mitigation is DENIED; 

 1 During the Phase I trial, the jury considered Smith’s Clean Water Act (“CWA”) liability for Dams/roads 

A, B, C, and D. The jury found Smith liable for Dams/roads A and B (that the forest road exemption applied but so 

did recapture which removed that exemption). The jury found Smith was not liable for Dams/roads C and D (that the 

forest road exemption applied and recapture did not). Thereafter, the Government filed a post-trial motion for 

judgment as a matter of law regarding Dams/roads C and D (Doc. 100), which the Court granted as to D but denied 

as to C (upholding the jury’s verdict on C). (Doc. 106). 

2 Phase II addressed the remedies and damages for the admitted or adjudicated CWA violations by Smith 

for Dams/roads A, B, D and E. 

Case 1:12-cv-00498-KD-C Document 158 Filed 09/23/14 Page 1 of 2
2

4) the Government’s request for a $1,500,000 civil penalty is DENIED as to the amount 

and GRANTED as to a form of relief. Smith is ORDERED to pay a CWA civil penalty 

of $78,000; and

5) It is further ORDERED that pursuant to Rule 53(a)(1)(C) of the Federal Rules of Civil 

Procedure, the Court has appointed a consultant, Gene Todia, to monitor compliance with 

the temporary restorative injunction set forth in Doc. 145-1, (Doc. 152), and that Smith is 

ORDERED to pay, in annual installments, the cost of the Court’s consultant.

The Court retains jurisdiction over this case in order to monitor compliance the 

temporary restorative injunction (Doc. 145-1).

DONE and ORDERED this the 23rd day of September 2014.

/s/ Kristi K. DuBose

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE

Case 1:12-cv-00498-KD-C Document 158 Filed 09/23/14 Page 2 of 2
Exhibit 32.2



                            CERTIFICATION PURSUANT TO
                               18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection  with the Quarterly  Report of Global  Environmental  Energy Corp.
(the "Company") on Form 10-KSB/A for the period ending August 31, 2004, as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Salim Ghafari , Chief Financial Officer of the Company,  certify, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that, to the best of my knowledge and belief:

     (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/Salim Ghafari
------------------------------
Chief Financial Officer and Director. (or equivalent thereof)

October 29, 2004








This  certification  accompanies  the  Report  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.

A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
required by Section 906,  has been  provided to the Company and will be retained
by the Company and furnished to the  Securities  and Exchange  Commission or its
staff upon request.
EXHIBIT
32.2
 
 CERTIFICATION
OF 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, Greg
A. LeClaire, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of
ClearOne Communications, Inc. on Form 10-Q for the three months ended September
30, 2008, 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 Quarterly
Report on Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of ClearOne Communications,
Inc.
 
 
 
 Date:
      November 11, 2008
              By:
              /s/ Greg A. LeClaireGreg
      A. LeClaireChief
      Financial Officer
                (Principal
      Financial and Accounting Officer)
 
 
 
 
 
 
 
 
 
 
 
  A
signed original of the written statement above required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to ClearOne Communications, Inc.
and will be retained by ClearOne Communications, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
| 1.   | The                Form 10-Q 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 78o(d));                and |
|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2.   | The                information contained in the Form 10-Q fairly presents, in all material                respects, the financial condition and results of operations of the                Company. |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:                July                31, 2006 |  /s/                Joseph D. Reid               Joseph                D. ReidChief                Executive Officer |
|---------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----
Exhibit 15.1

REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

The Board of Directors and Stockholders

Beckman Coulter, Inc.:

We have reviewed the accompanying condensed
consolidated balance sheet of Beckman Coulter, Inc. and subsidiaries as of March 31, 2009, and the related condensed consolidated statements of earnings and cash flows for the three-month periods ended March 31, 2009 and 2008. These
condensed consolidated financial statements are the responsibility of the Companys management.

We conducted our reviews in accordance with the
standards of the Public Company Accounting Oversight Board (United States). A review of interim financial information consists principally of applying analytical procedures and making inquiries of persons responsible for financial and accounting
matters. It is substantially less in scope than an audit conducted in accordance with the standards of the Public Company Accounting Oversight Board (United States), the objective of which is the expression of an opinion regarding the financial
statements taken as a whole. Accordingly, we do not express such an opinion.

Based on our reviews, we are not aware of any material modifications that
should be made to the condensed consolidated financial statements referred to above for them to be in conformity with U.S. generally accepted accounting principles.

We have previously audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States), the consolidated balance sheet of Beckman Coulter, Inc. and subsidiaries as of
December 31, 2008, and the related consolidated statements of earnings, stockholders equity and comprehensive income, and cash flows for the year then ended (not presented herein) and in our report dated February 23, 2009, we
expressed an unqualified opinion on those consolidated financial statements. The audit report on the consolidated financial statements refers to changes in the Companys method of accounting for defined benefit pension and other post retirement
plans and quantifying errors in 2006 due to the adoption of new accounting pronouncements. In our opinion, the information set forth in the accompanying condensed consolidated balance sheet as of December 31, 2008, is fairly stated, in all
material respects, in relation to the consolidated balance sheet from which it has been derived.



|                      
|----------------------
|/s/ KPMG LLP          
|                      
|Costa Mesa, California
|May 6, 2009
[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Page 74712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29347]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD075
[Endangered Species; File No. 18136]


Issuance of Permit

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Issuance of permit.

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

SUMMARY: Notice is hereby given that Larry Wood, LDWood BioConsulting, 
Inc., 425 Kennedy Street, Jupiter, FL 33468 has been issued a permit to 
take hawksbill sea turtles (Eretmochelys imbricata) for purposes of 
scientific research.

ADDRESSES: The permit and related documents are available for review 
upon written request or by appointment in the Permits and Conservation 
Division, Office of Protected Resources, NMFS, 1315 East-West Highway, 
Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 
713-0376.

FOR FURTHER INFORMATION CONTACT: Amy Hapeman or Brendan Hurley, (301) 
427-8401.

SUPPLEMENTARY INFORMATION: On January 17. 2014, notice was published in 
the Federal Register (79 FR 3181) that a request for a scientific 
research permit to take hawksbill sea turtles had been submitted by the 
above-named individual. The requested permit has been issued under the 
authority of the Endangered Species Act of 1973, as amended (ESA; 16 
U.S.C. 1531 et seq.) and the regulations governing the taking, 
importing, and exporting of endangered and threatened species (50 CFR 
parts 222-226).
    Mr. Wood has been issued a research permit to continue to describe 
the abundance and movements of an aggregation of hawksbill sea turtles 
found on the barrier reefs of southeast Florida. Up to 50 sea turtles 
may be approached during dives for observation and photographs 
annually. Up to 25 additional animals may be hand captured, measured, 
flipper and passive integrated transponder tagged, photographed, tissue 
sampled, and released annually. In addition, up to six sub-adult and 
six adult hawksbills may be captured for the above procedures and 
fitted with a satellite transmitter prior to their release. The permit 
is valid through September 30, 2019.
    Issuance of this permit, as required by the ESA, was based on a 
finding that such permit (1) was applied for in good faith, (2) will 
not operate to the disadvantage of such endangered or threatened 
species, and (3) is consistent with the purposes and policies set forth 
in section 2 of the ESA.

    Dated: December 5, 2014.
Julia Harrison,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2014-29347 Filed 12-15-14; 8:45 am]
BILLING CODE 3510-22-P
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

LUZ MARIA BURTON, )

)

Petitioner/Defendant, )

)

vs. ) CIVIL ACTION 12-0342-CG

) CRIMINAL NO. 10-00179-CG-N

UNITED STATES OF AMERICA, )

)

Respondent. )

ORDER

After due and proper consideration of the issues raised, and there having 

been no objections filed, the recommendation of the Magistrate Judge made under 

28 U.S.C. § 636(b)(l)(B) and dated May 2, 2014 is ADOPTED as the opinion of this 

Court.

DONE and ORDERED this 29th day of May, 2014.

/s/ Callie V. S. Granade 

UNITED STATES DISTRICT JUDGE

Case 1:10-cr-00179-CG-N Document 134 Filed 05/29/14 Page 1 of 1
Ex-99.1 a)


---------------------------------------------- --------------------------
Deloitte                                       Deloitte & Touche LLP
                                               Suite 2801
                                               One Independent Drive
                                               Jacksonville,          FL
                                               32202-5034
                                               USA

                                               Tel: + 1 904 665 1400
                                               Fax: + 1 904 665 1600
                                               www.deloitte.com

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


INDEPENDENT ACCOUNTANTS' REPORT ON
   MANAGEMENT'S ASSERTION ABOUT COMPLIANCE WITH
   UNIFORM SINGLE ATTESTATION PROGRAM REQUIREMENTS


To the Board of Directors
EverHome Mortgage Company:

We have examined management's assertion about EverHome Mortgage Company's (the
"Company") (formerly Alliance Mortgage Company) compliance with the minimum
servicing standards identified in the Mortgage Bankers Association of America's
Uniform Single Attestation Program for Mortgage Bankers (USAP) as of and for the
year ended December 31, 2003 included in the accompanying management assertion.
Management is responsible for the Company's compliance with those minimum
servicing standards. Our responsibility is to express an opinion on management's
assertion about the entity's compliance based on our examination.

Our examination was made in accordance with standards established by the
American Institute of Certified Public Accountants and, accordingly, included
examining, on a test basis, evidence about the Company's compliance with the
minimum servicing standards and performing such other procedures as we
considered necessary in the circumstances. We believe that our examination
provides a reasonable basis for our opinion. Our examination does not provide a
legal determination on the Company's compliance with the minimum servicing
standards.

In our opinion, management's assertion that the Company complied with the
aforementioned minimum servicing standards as of and for the year ended December
31, 2003 is fairly stated, in all material respects.


/s/ Deloitte & Touche LLP

February 25, 2004


Ex-99.1 b)



                                      - 9 -
##### 



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 on Form 10-Q/A of Aphton Corporation
(the Company) for the period ended June 30, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Patrick T.
Mooney, M.D., Chief Executive Officer and 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:



| | (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 results of
operations of the Company.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: February 25, 2004By:
    
    /s/ Patrick T. Mooney, M.D.Patrick T. Mooney, M.D.
Chief Executive Officer and President
(Principal Executive Officer)
#### C. Hoskins, et al., *v.*John Cook, et al.

Surety of Execution — Limitations.

A surety for an executor to whom a decedent’s estate has been transferred is discharged from all liiability as such to a distributee, devisee or ward when five years shall have elapsed without suit after the cause of action accrued.

*852APPEAL FROM TAYLOR CIRCUIT COURT.

June 23, 1875.

/. *R. Robinson, D. G. Mitchell, for appellants.*

*W. Howell, for appellees.*

Opinion by

Judge Pryor:

The appellants, who were the sureties of Wilson, as executor of Richardson, should have been discharged from liability on his bond upon the plea of the statute of limitations. The executor qualified on the 1st of February, 1865, and the present action was instituted on the 17th of September, 1873. A surety for an executor, administrator, guardian or curator, or for a sheriff, to whom a decedent’s estate has been transferred, shall be discharged from all liability as such to a distributee, devisee or ward, when five years shall have elapsed without suit after the cause of action accrued. The evidence conduces to show that the appellants secured of the executor a note on Jarboe, belonging to the estate of Richardson, and that this note was transferred to them as an indemnity 'for their liability as sureties. Although Jarboe may have been insolvent when this transfer was made, still, if the sureties afterwards collected it, they should account to the estate or the distributees for the amount, deducting first the costs incurred in making the collection. It seems that they made some payment out of their own means to the widow or distributees for the executor, and at his instance, if so, thé payments thus made should be applied as a credit on this claim. As to the Jarboe debt, the case is left open, that the parties may take further proof showing the extent of the liability of appellants upon that claim only, and may amend their pleadings for this purpose.

The judgment is *reversed*and cause remanded for further proceedings consistent with this opinion.
Exhibit 31.2

CERTIFICATION



Certification of Chief Financial Officer



I, Theresa Q. Hoffmann, Chief Financial Officer, certify that:

I have reviewed this annual report on Form 10-KSB of Theater Xtreme Entertainment Group, Inc.;



1.

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;

2.

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 small business issuer as of, and for, the periods presented in this report;

3.

The small business issuer'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 small business issuer and 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 small business issuer, 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 small business issuer'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 small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and

5.

The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer'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 small business issuer'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 small business issuer's internal control over financial reporting.



Dated: November 6, 2008



/s/ Theresa Q. Hoffmann

Theresa Q. Hoffmann,

Chief Financial Officer
```

[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Page 73582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29222]

[[Page 73582]]

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

FEDERAL ELECTION COMMISSION

Sunshine Act Meeting

AGENCY: Federal Election Commission.

DATE & TIME: Tuesday December 9, 2014 At 10:00 a.m.

PLACE: 999 E Street NW., Washington, DC.

STATUS: This Meeting Will Be Closed To The Public.

Federal Register Notice of Previous Announcement--79 FR 72001

CHANGE IN THE MEETING:
    The Commission also discussed:
    Internal personnel rules and internal rules and practices.
    Information the premature disclosure of which would be likely to 
have a considerable adverse effect on the implementation of a proposed 
Commission action.
    This meeting will be continued at the conclusion of the open 
meeting on December 11, 2014.
* * * * *

PERSON TO CONTACT FOR INFORMATION: Judith Ingram, Press Officer, 
Telephone: (202) 694-1220.

Shelley E. Garr,
Deputy Secretary of the Commission.
[FR Doc. 2014-29222 Filed 12-9-14; 4:15 pm]
BILLING CODE 6715-01-P
```
CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


To the Shareholders of 
       ALLTEL Corporation:


As independent public accountants, we hereby consent to the use of our report
dated February 13, 1998, with respect to the GTE Mobilnet of South Texas Limited
Partnership, included in this Form 10-K, into ALLTEL Corporation's previously
filed Registration Statements, File Nos. 2-99523, 33-35343, 33-48476, 33-54175,
33-56291 and 33-65199. Such GTE Mobilnet of South Texas Limited Partnership
financial statement are not included separately in this Form 10-K.


                                                /s/ARTHUR ANDERSEN LLP

Atlanta, Georgia
March 24, 1999
                                       81