alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Section 2: EX-12.2 (EX-12.2)Exhibit 12.2
 Doral Financial Corporation
Computation of Ratio of Earnings to Fixed Charges and Preferred Stock Dividends
 For the quarter endedJune 30, 2011Including Interest on DepositsEarnings:Pre-tax income from continuing operations
    
    $
    15,768Plus:Fixed Charges (excluding capitalized interest)
    
    
    97,892Total Earnings
    
    $
    113,660Fixed Charges:Interest expensed and capitalized
    
    $
    95,950Amortized premiums, discounts, and capitalized expenses related to indebtedness
    
    
    533An estimate of the interest component within rental expense
    
    
    1,409Total Fixed Charges
    
    $
    97,892Preferred dividends
    
    
    4,830Ratio of pre tax loss to net loss
    
    
    2.02Preferred dividend factor
    
    
    9,766Total fixed charges and preferred stock dividens
    
    $
    107,658Ratio of Earnings to Fixed Charges and Preferred Stock Dividends
    
    
    1.06Excluding Interest on DepositsEarnings:Pre-tax income from continuing operations
    
    $
    15,768Plus:Fixed Charges (excluding capitalized interest)
    
    
    48,450Total Earnings
    
    $
    64,218Fixed Charges:Interest expensed and capitalized
    
    $
    46,508Amortized premiums, discounts, and capitalized expenses related to indebtedness
    
    
    533An estimate of the interest component within rental expense
    
    
    1,409Total Fixed Charges
    
    $
    48,450Preferred dividends
    
    
    4,830Ratio of pre tax loss to net loss
    
    
    2.02Preferred dividend factor
    
    
    9,766Total fixed charges and preferred stock dividens
    
    $
    58,216Ratio of Earnings to Fixed Charges and Preferred Stock Dividends
    
    
    1.10
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 of Vineyard National Bancorp (the
“Company”) on Form 10-Q for the three months ended March 31, 2008, as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), the
      undersigneds hereby certify, pursuant to 18 U.S.C. section 1350, as adopted
      pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to the
      undersigneds’ best knowledge and belief:





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





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





Dated
      this 21st day of May, 2008





Vineyard
      National
      Bancorp


("Company")








/s/
      James G.
      LeSieur


James
      G.
      LeSieur


Interim
      Chief Executive Officer








/s/
      Gordon
      Fong


Gordon
      Fong


Executive
      Vice President and Chief
      Financial Officer





___________________





*
A
      signed original 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
10.4





Terms of
Employment Arrangement


between
Bay National Bank


and Mark
A. Semanie





Mr.
Semanie was employed on an at-will basis at a rate of pay of $180,000 as of
September 5, 2008 until his resignation effective December 31, 2008. While
employed, Mr. Semanie was also eligible for incentive bonuses at the discretion
of the Compensation Committee of the Board of Directors, and was entitled to all
benefits available to full time employees of Bay National Bank.





No
discretionary bonuses were paid to Mr. Semanie for the period ended December 31,
2008.
IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

WILLIAM C. SLATER, JR. )

)

Plaintiff, )

)

vs. )

 ) CIVIL ACTION 05-0406-CG-M

BOB RILEY, et al., )

)

Defendants. )

 

JUDGMENT

It is ORDERED, ADJUDGED, and DECREED that this action be and is hereby

DISMISSED without prejudice. 

DONE this 21st day of October,2005.

/s/ Callie V. S. Granade 

CHIEF UNITED STATES DISTRICT JUDGE

Case 1:05-cv-00406-CG-M Document 7 Filed 10/21/05 Page 1 of 1
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                         841501                        
<NAME>                        OWENS MORTGAGE INVESTMENT FUND
<MULTIPLIER>                  1
<CURRENCY>                    U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               DEC-31-1998
<PERIOD-START>                  JAN-01-1998
<PERIOD-END>                    MAR-31-1998
<EXCHANGE-RATE>                 1
<CASH>                          14,025,018
<SECURITIES>                    0
<RECEIVABLES>                   2,026,153
<ALLOWANCES>                    0
<INVENTORY>                     0
<CURRENT-ASSETS>                16,051,171
<PP&E>                          11,377,231
<DEPRECIATION>                  0
<TOTAL-ASSETS>                  197,610,746
<CURRENT-LIABILITIES>           1,099,487
<BONDS>                         0
<PREFERRED-MANDATORY>           0
<PREFERRED>                     0
<COMMON>                        0
<OTHER-SE>                      196,511,259
<TOTAL-LIABILITY-AND-EQUITY>    197,610,746
<SALES>                         0
<TOTAL-REVENUES>                5,862,811
<CGS>                           0
<TOTAL-COSTS>                   0
<OTHER-EXPENSES>                741,104
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              0
<INCOME-PRETAX>                 5,121,707
<INCOME-TAX>                    0
<INCOME-CONTINUING>             5,121,707
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    5,121,707
<EPS-PRIMARY>                   .03
<EPS-DILUTED>                   .03
        


</TABLE>
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED July 20, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-11483 Summary Calendar

JAMES H. MATLOCK, Petitioner-Appellant,

versus COLE JETER, Warden, Federal Medical Center, Fort Worth, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:04-CV-863-A

-------------------- Before DAVIS, SMITH and DENNIS, Circuit Judges.
PER CURIAM: * James H. Matlock, a federal prisoner (# 90897-012), appeals the district court’s dismissal of his 28 U.S.C. § 2241 petition, which was purportedly filed pursuant to the “savings clause” of 28 U.S.C. § 2255. He attacked his 1991 sentence for distribution of cocaine base, arguing pursuant to Blakely v. Washington , 124 S. Ct. 2531 (2004), that the facts underlying his “career offender” enhancement, U.S.S.G. § 4B1.1, were neither submitted to a jury nor admitted, in violation of the Sixth Amendment.No. 04-11483 -2- Now relying on United States v. Booker , 125 S. Ct. 738 (2005), Matlock contends that his Booker claim falls within the savings clause in 28 U.S.C. § 2255. To proceed under the savings clause, the applicant must make the following three-part showing: (1) that his claim is based on a retroactively applicable Supreme Court decision; (2) the Supreme Court case “establishes that he was ‘actually innocent’ of the charges against him because the decision decriminalized the conduct for which he was convicted”; and (3) precedent foreclosed this claim at the time of the petitioner’s trial, appeal, or first § 2255 motion. Christopher v. Miles , 342 F.3d 378, 382 (5th Cir.) (citing Reyes-Requena v. United States , 243 F.3d 893, 904 (5th Cir. 2001)), cert. denied , 540 U.S. 1085 (2003). Even assuming arguendo that the savings clause applies, Matlock has not stated a cognizable Booker claim. Determinations supporting a career-offender enhancement are questions of law, not fact, and do not implicate the Sixth Amendment. See United
States v. Guevara , F.3d , No. 03-11299 (5th Cir. May 2, 2005), 2005 WL 1009772 at *6. “Career offender status is not a ‘sentencing judge’s determination of a fact other than a prior conviction.’” Id. (citing Booker , 125 S. Ct. at 747 n.1). The judgment of the district court is AFFIRMED.
Exhibit 21.1

GAIAM, INC.

SUBSIDIARIES



|                                   |  |                                                  
|---------------------------------- |  | -------------------------------------------------
|Subsidiaries                       |  | State or Country of Incorporation or Registration
|Conscious Media, Inc.              |  | State of Colorado                                
|Gaiam Americas, Inc.               |  | State of Colorado                                
|Gaiam.com, Inc.                    |  | State of Colorado                                
|Gaiam Direct, Inc.                 |  | State of Colorado                                
|Gaiam Holdings, Inc.               |  | State of Colorado                                
|Gaiam International B.V. (1)       |  | The Netherlands                                  
|Gaiam International C.V. (2)       |  | The Netherlands                                  
|Gaiam International, Inc.          |  | State of Colorado                                
|Gaiam International II, Inc.       |  | State of Colorado                                
|Gaiam International III, Inc.      |  | State of Colorado                                
|Gaiam PTY (7)                      |  | Australia                                        
|Gaiam Shared Services, Inc.        |  | State of Colorado                                
|Gaiam Travel, Inc.                 |  | State of Colorado                                
|GT Direct, Inc.                    |  | State of Colorado                                
|Natural Habitat, Inc. (6)          |  | State of Colorado                                
|Real Goods Energy Tech, Inc. (3)   |  | State of Colorado                                
|Real Goods Solar, Inc. (4)         |  | State of Colorado                                
|Real Goods Trading Corporation (5) |  | State of California                              
|Spiritual Cinema, Inc.             |  | State of Colorado                                
|SPRI Products, Inc.                |  | State of Illinois                                



All subsidiaries are 100% owned by Gaiam, Inc. except as noted:



|(1) | 100% owned by Gaiam International CV
|--- | ------------------------------------

|(2) | 80% owned by Gaiam International, Inc., 10% owned by Gaiam International II, Inc., 10% owned by Gaiam International III, Inc.
|--- | -----------------------------------------------------------------------------------------------------------------------------

|(3) | 100% owned by Real Goods Solar, Inc.
|--- | ------------------------------------

|(4) | 55% owned by Gaiam, Inc.
|--- | ------------------------

|(5) | 100% owned by Real Goods Energy Tech, Inc.
|--- | ------------------------------------------

|(6) | 51.3% owned by Gaiam Travel, Inc.
|--- | ---------------------------------

|(7) | 50.01% owned by Gaiam International BV
|--- | --------------------------------------

This
list omits subsidiaries which, considered in the aggregate, would not constitute a significant subsidiary.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM
10-QSB FOR THE QUARTER ENDED JUNE 30,1998 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                         752,258
<SECURITIES>                                         0
<RECEIVABLES>                                3,204,751
<ALLOWANCES>                                   254,500
<INVENTORY>                                  3,812,282
<CURRENT-ASSETS>                             8,977,048
<PP&E>                                       6,298,237
<DEPRECIATION>                                 577,598
<TOTAL-ASSETS>                              18,169,324
<CURRENT-LIABILITIES>                       11,492,899
<BONDS>                                      6,510,105
<PREFERRED-MANDATORY>                        2,000,000
<PREFERRED>                                  1,193,000
<COMMON>                                         1,895
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                18,169,324
<SALES>                                     10,363,227
<TOTAL-REVENUES>                            10,363,227
<CGS>                                        8,861,309
<TOTAL-COSTS>                                8,861,309
<OTHER-EXPENSES>                             3,430,243
<LOSS-PROVISION>                                20,000
<INTEREST-EXPENSE>                           1,855,920
<INCOME-PRETAX>                            (6,129,301)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (6,129,301)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (6,129,301)
<EPS-PRIMARY>                                    (.39)
<EPS-DILUTED>                                    (.39)
        

</TABLE>
#### Thomas R. Young v. Rollin E. Kelsey.

*Qertiorwri*— Issue *of writ*— Oonehmveness *of return.*

The return to a writ of *em'tiora/H*must be assumed to be correct.

*Qertiorwri*is not a writ of right, and can only issue on satisfying the circuit court commissioner or circuit judge that an error has been committed. Comp. L. § 5466.

Where the return to a writ of *ceHiorwri*shows that it was never allowed, a judgment dismissing it will be affirmed without considering whether the plaintiff therein would have been entitled to amend it, or whether he could bring error on the refusal to allow an amend - ment of it.

*415Error to Shiawassee.

Submitted June 21.

Decided June 29.

Assumpsit. Defendant brings error.

Affirmed.

*James M. Goodell*for plaintiff in error.

*McBride & Fraser*for defendant in error.

Campbell, J.

*Gertiora/ri*having been brought in the circuit court for the county of Shiawassee upon a judgment rendered by the recorder of Corunna, acting as a justice of fhe peace, the circuit court dismissed it as returnable on Sunday. Plaintiff in *certiora/ri*brings error.

The writ was clearly irregular, but it is claimed the court should have allowed an amendment. It appears, however, from the return, which we must assume to be correct, that the *certiorari*was never allowed by any one. The writ is never a matter of right, and can only issue upon satisfying the ■circuit court commissioner, or circuit judge, that there has been an error committed. Comp. L. § 5166. And the court in deciding finally on *certiorari*in such cases is bound to disregard all defects not affecting the merits. § 5171.

This being the case the party could have gained nothing by an amendment if allowed; and we need not consider whether or not such an amendment could be regarded as ■one which the court could in a *certiorari*case be bound to grant, or whether if so, this is a proper method of objecting to the refusal.

The judgment must be affirmed with costs.

The other Justices concurred.
r

K

F

t

^

k

r

ftft/AAy H*M5

FILED IN

-IST-ISOORT'OF-APPEACSHOUSTON. TEXAS

FEB 1 0 2015

. CHRISTOPHER" wifflSTOPHER A^PRJNE

?fi£$€ti+iy £j&££g&slEL£^

Of The 7ixj£ bl^Mimd. 0? C***£did& fr;

I-}\/tiJf$fotJj 7i)(A&

jhmfby, Bm@£2lL #T %b /viuck A&fdt&d

11ingp&£j5£dLjb^^

TkbUhtet£BJ2^^

ilhS£Momk£&J)JdL\zOM

Mtoicbrte} Z.P. Dm? ttetjMJfa/G B&kj 'U***f&L

JkM*ddjrijLJ£&& 7?i£ CaJtiTkilrt*!' daiAtZfAhZ

&x>d- dfAffSAJS kX Alto. PtefkKAttt, //fcf 7*

L> . _ i -rr-7 _ *t.*a -"7" A ,^L~- a . / \/„~ * .„ fDkivK faooJ Tie £xac7 h/tiir MdL'/m£ my4Pb\<\

PeTtH&tJ fbt hiscMkoj&fy: £&tenL was hM$d.

00 P/easz.

3.% OH ££&&,, X? ThmtL fas Benu A

hMJlfkJ/iid My Pm? foe, 'tfp&t) Htm. &nsx)

Of- %*TJWzf JwJfifmiS) t>? faa&L ffljudfifej

ThfiJX mfiy hJduJ 7k£ 7/rt£ 3f The &»A//ffi

c.c. - I of I -
To FH£ MSI FediMJ Mj± oFJfehtM %^g

/K well AS. AaJ ll,C7fabtAZ Pss/efV? Ktfff.

y^y>A

j#ggz5f/X tiltilt&ti

Jtl?a6l9X

filkjj>B,Pn(u0s[<y UtiH~

387% emsso&M

(M0^0m22M

/?£ -p/sAse SejjJ2Yirt&//Afcly.

Vt

q^zzzm

cc. - loFdL £tf(F
•Br

,-j

o

M

-J

o

"•j

ID'

i.8

^ •\ *» x

^-n "7*r <-^

°* ex

ti

m

v3J
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department **1402 CAF 14-02090**  PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, WHALEN, AND DEJOSEPH, JJ.

IN THE MATTER OF AMELIA S. AND MARGARET L.
----------------------------------------------- JEFFERSON COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; ORDER ELIZABETH S., RESPONDENT-APPELLANT.
----------------------------------------------- IN THE MATTER OF AMELIA S.
----------------------------------------------- JEFFERSON COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; ELIZABETH S., RESPONDENT-APPELLANT.
MICHAEL J. PULVER, NORTH SYRACUSE, FOR RESPONDENT-APPELLANT. MICHAEL D. WERNER, WATERTOWN, FOR PETITIONER-RESPONDENT. SUSAN A. SOVIE, ATTORNEY FOR THE CHILD, WATERTOWN. SCOTT A. OTIS, ATTORNEY FOR THE CHILD, WATERTOWN. Appeal from an order of the Family Court, Jefferson County (John J. Brennan, A.J.), entered October 14, 2014 in proceedings pursuant to Family Court Act article 10. The order, among other things, adjudged that respondent had neglected and abused the subject children. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decisions at Family Court.

Entered: December 23, 2015 Frances E. Cafarell Clerk of the Court
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from Dean
Witter Diversified Futures Fund II L.P. and is qualified in its entirety
by references to such financial instruments.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                      11,205,380
<SECURITIES>                                         0
<RECEIVABLES>                                   39,010
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              12,258,395<F1>
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                12,258,395<F2>
<SALES>                                              0
<TOTAL-REVENUES>                             (341,573)<F3>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             1,184,156
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (1,525,729)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,525,729)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,525,729)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>In addition to cash and receivables, total assets include net unrealized
gain on open contracts of $1,014,005.
<F2>Liabilities include redemptions payable of $341,356, accrued brokerage
commissions of $16,797, accrued management fees of $90,036 and accrued
transaction fees and costs of $16,507.
<F3>Total revenues include realized trading revenue of (884,671), net
change in unrealized of $161,586, and interest income of $381,512.
</FN>
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from the
consolidated condensed financial statements for the six months ended November
30, 1995 and is qualified in its entirety by reference to such statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAY-31-1996
<PERIOD-END>                               NOV-30-1995
<CASH>                                       2,575,364
<SECURITIES>                                   654,536
<RECEIVABLES>                                   12,000
<ALLOWANCES>                                         0
<INVENTORY>                                    224,576
<CURRENT-ASSETS>                             3,639,996
<PP&E>                                         118,142
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               5,867,326
<CURRENT-LIABILITIES>                          383,723
<BONDS>                                      4,000,000
<PREFERRED-MANDATORY>                           38,948
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,444,655
<TOTAL-LIABILITY-AND-EQUITY>                 5,867,326
<SALES>                                              0
<TOTAL-REVENUES>                               344,000
<CGS>                                           48,990
<TOTAL-COSTS>                                1,990,740
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             118,651
<INCOME-PRETAX>                            (1,646,740)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,646,740)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,646,740)
<EPS-PRIMARY>                                    (.04)
<EPS-DILUTED>                                    (.04)
        

</TABLE>