alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                    EXHIBIT 11.1
 
               GENERAL SURGICAL INNOVATIONS, INC. AND SUBSIDIARY
 
                     COMPUTATION OF NET LOSS PER SHARE (1)
                     (IN THOUSANDS, EXCEPT PER SHARE DATA)
 
<TABLE>
<CAPTION>
                                                                   YEAR ENDED JUNE 30,
                                                            ----------------------------------
                                                               1997        1996        1995
                                                            ----------  ----------  ----------
<S>                                                         <C>         <C>         <C>
Primary and Fully Diluted:
  Weighted average common shares..........................      13,197       4,201       3,295
  Common and common equivalent shares pursuant to Staff
    Accounting Bulletin No. 83............................                   3,201       3,201
                                                            ----------  ----------  ----------
Shares used in per share calculation......................      13,197       7,411       6,496
                                                            ----------  ----------  ----------
                                                            ----------  ----------  ----------
Net loss..................................................  $   (1,876) $   (5,465) $   (4,051)
                                                            ----------  ----------  ----------
                                                            ----------  ----------  ----------
Net loss per share........................................  $    (0.14) $    (0.74) $    (0.62)
                                                            ----------  ----------  ----------
                                                            ----------  ----------  ----------
</TABLE>
 
------------------------
 
(1) There is no difference between primary and fully diluted net loss per share
    for all periods presented.
#### In the Matter of Danny Echevarria, Appellant, v Patricia D. Marks, Monroe County Court Judge, Respondent.

Submitted October 26, 2009;

decided November 19, 2009

Reported below, 57 AD3d 1479.

Motion by the Legal Aid Society for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served and 24 copies filed within seven days.
<PAGE>

                                                                    Exhibit 32.1

                                CERTIFICATION OF
                             CHIEF EXECUTIVE OFFICER
                        OF MISSION RESOURCES CORPORATION

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, and accompanies the annual report on Form 10-Q
(the "FORM 10-Q") for the quarter ended March 31, 2004 of Mission Resources
Corporation (the "ISSUER").

I, Robert L. Cavnar, the Chief Executive Officer of the Issuer, certify that:

         (i)      the Form 10-Q fully complies with the requirements of section
                  13(a) or section 15(d) of the Securities Exchange Act of 1934
                  (15 U.S.C. 78m(a) or 78o(d)); and

         (ii)     the information contained in the Form 10-Q fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Issuer.

         Dated:  May 10, 2004                               /s/ Robert L. Cavnar
                                                            --------------------

Subscribed and sworn to before me
this 10th day of May 2004

/s/ Carmen M. Garcia
--------------------

Notary Public in and for the
State of Texas

My commission expires: May 15, 2006

A signed original of this written statement required by Section 906 has been
provided to Mission Resources Corporation and will be retained by Mission
Resources Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-65,639]

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 20, 2009 in response to a petition filed by a company official on behalf of the workers of Tyco Safety Products, Westminster, Massachusetts.

The petitioners requested that the petition be withdrawn. Consequently, the investigation has been terminated.

Signed at Washington, DC, this 20th day of April 2009.

Richard Church,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-10917 Filed 5-8-09; 8:45 am]

BILLING CODE 4510-FN-P
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1The Honorable Stephen M. Reasoner, United States District Judge for the

Eastern District of Arkansas, sitting by designation.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 98-4043

___________

Cynthia A. O’Connell, *

*

Plaintiff - Appellant, * Appeal from the United States

* District Court for the

v. * District of Minnesota.

*

Overson Inc., doing business * [UNPUBLISHED]

as Kasson Lumber Co., *

*

Defendant - Appellee. *

___________

Submitted: June 18, 1999

Filed: July 2, 1999

___________

Before MURPHY and MAGILL, Circuit Judges, and REASONER,1 District Judge.

___________

PER CURIAM.

Cynthia A. O’Connell was an employee of Overson Inc., a small lumber

company with sixteen employees, for nine years. She was terminated for what Overson

said was part of a restructuring for financial reasons, but she believed the discharge was

because of her disability. O’Connell sued under the Americans with Disabilities Act

(ADA) of 1990 § 107(a), 42 U.S.C. § 12117(a), the Civil Rights Act of 1991 § 102,

42 U.S.C. § 1981(a), and the Minnesota Human Rights Act, Minn. Stat. § 363.03. The
2The Honorable James M. Rosenbaum, United States District Judge for the

District of Minnesota.

-2-

district court2 granted Overson’s motion for summary judgment, concluding that

O’Connell had not produced sufficient evidence to show discriminatory intent or

pretext. O’Connell appealed from the judgment. After a careful review of the record,

we agree that Overson was entitled to summary judgment and therefore affirm. See 8th

Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
|   | (i) | The Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934; as amended; and |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------|

|   | (ii) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company at the dates and for the periods presented. |
|--------|------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/ JAIME RIVERA        |   |
|--------|-------------------------|--------|
|   | Jaime Rivera            |   |
|   | Chief Executive Officer |   |

----
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
ARMANDO FLORES-HERNA, Petitioner,
v. ERIC H. HOLDER, Jr., Attorney General, Respondent. No. 11-72135 Agency No. A076-625-266
MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted October 7, 2014 ** Pasadena, California Before: TALLMAN, BEA, and FRIEDLAND, Circuit Judges. Armando Flores-Herna petitions for review of the Board of Immigration Appeals’ decision denying Flores-Herna adjustment of status on account of his 2005 conviction for possessing a controlled s ubstance “while armed with a loaded, operable firearm.” See Cal. Health & Safety Code § 11370.1 (1996). Flores-Herna 

# FILED
OCT 17 2014 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).argues his conviction is eligible for re lief under the safe-harbor provision of the Federal First Offender Act, which requires that a petitioner’s conviction be for “possession of drugs, or an equivalent or lesser charge such as possession of drug paraphernalia.” Ramirez-Altamirano v. Holder , 563 F.3d 800, 812 (9th Cir. 2009), overruled on other grounds by Nunez-Reyes v. Holder , 646 F.3d 684 (9th Cir. 2011) (en banc); see also Lopez-Vasquez v. Holder , 706 F.3d 1072, 1074–75 (9th Cir. 2013). On its face, Flores-Herna ’s 2005 conviction requires more conduct than mere possession of drugs; the convi ction requires possession of drugs while armed with a loaded and operable firearm. The conviction therefore cannot qualify as “possession of drugs, or an equivalent or lesser charge.” Ramirez-Altamirano , 563 F.3d at 812. DENIED.

2
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
of NeoStem, Inc. (the “Company”) on Form 10-Q for the period
endedJune 30, 2010filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Robin Smith, M.D.,
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, to my knowledge:
 
 (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
      of the Company as of the dates presented and the results of operations of
      the Company for the periods
presented.
 
 Dated:  August 16,
2010
 
 /s/ Robin Smith,
      M.D.Robin Smith,
      M.D.Chief Executive
      Officer
 
 The foregoing certification is being
furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States
Code) and is not being filed as part of the Form 10-Q or as a separate
disclosure document.
 
 A signed original of this written
statement required by Section 906 has been provided to NeoStem, Inc. and will be
retained by NeoStem, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
# Custom Media Products

          -  Home 
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Drives have IEEE 1394 USB 2.0 and eSATA capability, adding flexibility to a customer’s workstation setup.

Custom Media supports a number of Foundational GEOINT products, including CADRG, ECRG, CIB1/5/10 and TanDEM-X (TREX). The team also distributes Digital Vertical Obstruction Files - also available through WebDVOF on the NGA Gateway - LIDAR, CADRG and other geospatial intelligence data.

A valid DoDAAC account number or approval by the appropriate NGA Support Team is required for all Custom Media requests. For more information about DoDAAC account numbers, contact the Defense Logistics Agency at 1-800-826-0342.

## Requests

To submit a request for Custom Media products or services, please visit the Custom Media website **(CAC enabled) or contact us below.

 

NGA Custom Media

Phone: 636-321-5285

DSN: 369-5285

Email: CustomMedia@nga.mil

 

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Email: custommedia_KOR@nga.mil
#### Heatherlyn FRANCIS, Plaintiff-Appellant, v. U.S. FUND FOR UNICEF, Kimberley Penharlow, as an aider and abettor, Ann Marie Grey, as an aider and abettor, Diane Whitty, as an aider and abettor, and Roslyn Carnage, as an aider and abettor, Defendants-Appellees.

No. 05-4389-cv.

United States Court of Appeals, Second Circuit.

Nov. 13, 2006.

Stafford H. Byers, Mineóla, NY, for Appellant.

Diane Windholz, Jackson Lewis LLP, New York, NY, for Appellees.

Present: ROGER J. MINER, ROSEMARY S. POOLER and ROBERT A. KATZMANN, Circuit Judges.

SUMMARY ORDER

Heatherlyn Francis appeals the district court’s grant of summary judgment dismissing her employment discrimination complaint. We assume the parties’ familiarity with the facts, proceedings below, and specification of appellate issues. We hold as follows.

First, as the defendants correctly concede, the judgment granted in this case *955must be vacated and remanded in order for the district court to fairly set forth the basis for its decision. *See Vt. Teddy Bear Co. v. 1-800 Beargram Co.,*873 F.3d 241, 244-45 (2d Cir.2004).

Second, plaintiffs motions to vacate a default judgment and to vacate entry of default under, respectively, Federal Rules of Civil Procedure 60(b) and 55(c) are not properly before the court. Any such motion — assuming that it could be made at all given that the holding at issue here is a grant of summary judgment — must be made in the district court. Had plaintiff made such a motion and the district court denied it, we would review the district court’s order for abuse of discretion. *See New York v. Green,*420 F.3d 99, 104 (2d Cir.2005). Because plaintiff did not move for vacatur in district court, we have no order before us to review. We note, however, that plaintiff is not without the possibility of a remedy. After the district court entered its discovery orders and granted summary judgment, plaintiff made submissions to the district court suggesting that her defaults in complying with discovery demands and with the schedule for opposing defendants’ motion for summary judgment may have been due to her former counsel rather than to her. Because we now vacate the grant of summary judgment, the district court has inherent discretion to revisit its interlocutory orders should it find that modifying them is in the interest of justice. *See Grace v. Rosenstock,*228 F.3d 40, 51 (2d Cir.2000).

Finally, we have considered plaintiff’s remaining arguments and find them to be without merit. We therefore vacate and remand for further proceedings in accord with this order.
#### UNITED STATES v. HELWIG.

Cr. No. E-4358.

District Court, W. D. Pennsylvania.

May 27, *1947.*

Charles F. Uhl, U. S. Atty., and Edward C. Boyle, Asst. U. S. Atty., both of Pittsburgh, Pa., for the United States.

John G. Kish, of Pittsburgh, Pa., for defendant.

GIBSON, District Judge.

The defendant has filed two motions. In one he moves the court to strike out as surplusage, a long list of aliases set out in the indictment. As he seems to be *188identified as Roy Alton Helwig, and the alias names recited will not be sustained on trial, this motion is granted.

The other motion is that his trial be transferred to the next term at Erie. In support of this motion he cites a statute which relates to civil actions against residents of seven northern counties, and alleges (for the first time) that he is a resident of Erie.

He further declares in support of his motion that he intends to call 31 witnesses, all of whom he intimates can be summoned on his behalf if the trial is in Erie.

No division of this District exists as to criminal charges, and as many witnesses as he may reasonably desire could be summoned for the present term (although not 31) at the expense of the Government upon his plea of poverty, nevertheless the court will grant his motion.

The defendant objected to the first attorney appointed by the court to defend him. Thereupon another was appointed considerably in advance of the term. To this attorney the defendant refused to name the witnesses he desired on his behalf. If presently trial were enforced, then the matter would go to the Court of Appeals upon the representation that witnesses were denied him. To avoid the difficulty of meeting this claim the court will grant his petition to transfer the case to Erie.

It may be necessary for the United States Attorney to file a detainer at Atlanta, and have defendant removed to Erie considerably in advance of the term in order that witnesses may be summoned on his behalf.
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 periodic report of Dynacq Healthcare, Inc. (the Company) on Form 10-K for the year ending August 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Chiu M. Chan, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

(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.



|                         |  |  |  |                                      
|------------------------ |  |  |  | -------------------------------------
|Dated: November 23, 2009 |  |  |  | /s/ Chiu M. Chan                     
|                         |  |  |  | Chiu M. Chan                         
|                         |  |  |  | President and Chief Executive Officer
|                         |  |  |  | Dynacq Healthcare, Inc.
EXHIBIT 32.1

Certification Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002
(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), I, Wm. Stacy
Locke, President and Chief Executive Officer of Pioneer Drilling Company, a Texas corporation (the "Company"), hereby certify, to my knowledge, that:



|Dated: February 7, 2005 | /s/WM. STACY LOCKEWm. Stacy Locke President and Chief Executive Officer
|----------------------- | -----------------------------------------------------------------------

---



QuickLinks
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 Quarterly Report of Telos Corporation (the Company) on Form 10-Q for the period ending September 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the report),
we, John B. Wood and Edward L. Williams, Chief Executive Officer and Interim Chief Financial Officer, respectively, of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that
to our knowledge:



(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.



November 22, 2004/s/ John B. WoodJohn B. WoodChief Executive Officer/s/ Edward L. WilliamsEdward L. WilliamsInterim Chief Financial Officer
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