alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Maria Auqui, as Guardian of the Property of Jose Verdugo, et al., Respondents, v Seven Thirty One Limited Partnership et al., Appellants.

Submitted March 25, 2013;

decided June 27, 2013

Motion by plaintiffs for reargument granted and case set down for a future session of this Court *[see 20*NY3d 1035 (2013)].

Judges Rivera and Abdus-Salaam taking no part.
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 Annual Report on Form 10-K for the fiscal year ended October 31, 2004 of Blue Ridge Real Estate Company and Big Boulder Corporation (together , the Registrants) as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Patrick M. Flynn, Chief Executive Officer and President of the Registrants, 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 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 (15 U.S.C. Section 78m(a) or Section 78o(d); and



(2)

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







/s/ Patrick M. Flynn

Patrick M. Flynn

Chief Executive Officer and President

February 11, 2005
Exhibit 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER 
PURSUANT TO 18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906
OF SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Brekford International Corp. (the Company) on Form 10-Q for the quarter ended September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, C.B. Brechin, Principal Executive Officer, certify to my knowledge and in my capacity as an officer of the Company, 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 as of the dates and for the periods expressed in the Report.



| |  |                                                                 
| |  | ----------------------------------------------------------------
| |  | /s/ C.B. Brechin                                                
| |  | C.B. Brechin
Principal Executive Officer

Date: November 2, 2009



The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.
EX-10.2



 Exhibit 10.2 
 FORM OF MUTUAL WAIVER 
 This Mutual Waiver is executed by Fisher
Communications, Inc. (the “Company”) and the undersigned executive of the Company (the “Executive”) as of this      day of
            , 2013. Reference is hereby made to that certain Change of Control Agreement by and between the Company and the Executive (the “CC Agreement”).
Capitalized terms used in this Waiver and not otherwise defined shall have the meanings ascribed to them in the CC Agreement. 

Recitals 
 WHEREAS, the CC Agreement provides certain rights and benefits to the Executive in the event of a qualifying Change of Control (a “Triggering CC”); 

WHEREAS, in accordance with the CC Agreement, certain changes in the composition of the Company’s Board of Directors (a
“Board Change”) qualify as a Triggering CC; 
 WHEREAS, Section 2 of the CC Agreement provides that
either party may provide a notice of nonrenewal to the other party at least ninety (90) days prior to the end of the Term (the “Nonrenewal Right”); and 

WHEREAS, if the Nonrenewal Right is not exercised, then the Term of the CC Agreement automatically renews for a two (2) year period;

 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and
intending to be legally bound, the Executive and Company hereby agree as follows: 
  

	 	1.	The Executive hereby waives all rights, interests and remedies pursuant to the CC Agreement arising solely as a result of any Board Change occurring prior to the date
of this Waiver. 

  

	 	2.	The Company hereby waives the Nonrenewal Right for the current Term of the CC Agreement, which ends on August 24, 2013. 


 

	 	3.	In accordance with Section 14 of the CC Agreement, this Mutual Waiver shall not constitute a waiver in any other instance or circumstance and shall have no effect
on the Executive’s rights, interests or remedies in the event of any Change of Control other than a Board Change occurring prior to the date of this Mutual Waiver, including without limitation, any Change of Control arising out of any and sale
of Company assets or capital stock, or one or more changes in the composition of the Company’s Board of Directors on or after the date of this Mutual Waiver. 


 

	 	4.	Executive represents and agrees that Executive has read this Mutual Waiver, understands its terms and the fact that it waives certain rights Executive might have
against the Company, understands that Executive has the right to consult counsel of choice and has either done so or knowingly waived the right to do so, and executes and delivers this Mutual Waiver without duress or coercion from any source.



  
 - 1 -









 IN WITNESS WHEREOF, the parties have executed this Mutual Waiver as of the date first
indicated above. 
  

									
	Fisher Communications, Inc.	 	  	 	Executive
					
	By:	 	  
	 		 	By:	 	  

					
	Name:	 	  
	 		 	Name:	 	  

					
	Title:	 	  
	 		 		 	


  
 - 2 -
EXHIBIT 23

CONSENT OF INDEPENDENT
AUDITORS

We consent to the incorporation by
reference in the Registration Statements (Form S-8 Nos. 333-50082 and 333-67688)
pertaining to the Bandag, Incorporated Stock Award Plan and in the Registration Statement
(Form S-8 No. 333-115369) pertaining to the Bandag, Incorporated Stock Grant and Awards
Plan of our reports dated February 28, 2005, with respect to the consolidated financial
statements and schedule of Bandag, Incorporated, Bandag, Incorporated Company
managements assessment of the effectiveness of internal control over financial
reporting, and the effectiveness of internal control over financial reporting of Bandag,
Incorporated, included in the Annual Report (Form 10-K) for the year ended December 31,
2004.

/s/ Ernst & Young LLPErnst & Young LLP
Chicago, ILFebruary 28, 2005
#### In the Matter of Glenn Storman, Appellant, v New York City Department of Education, Respondent.

Decided September 18, 2012

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.
EXHIBIT 10-w







November 12, 2003

|TO:   | Paul Howes        
|----- | ------------------
|FROM: | Ronald L. Zarrella
|RE:   | Employment Terms  

The company provides corporate officers with certain severance benefits set forth in its Corporate Officer Separation Plan, as amended effective April 1, 2003.  As part of our offer to you to join Bausch & Lomb, we have agreed to grant you an enhancement to the Plan.  Specifically, we have agreed that if your employment is terminated on or before July 1, 2006, and if you are terminated under circumstances which entitle you to severance protection under the Plan, you will be provided a cash payout equal to the fair market value at severance date of the restricted stock grant of 25,000 shares you received as part of your hiring package.

As of July 1, 2003, you have entered into a Change of Control Agreement with the Company.  In the event of a Change of Control as defined in that Agreement, the benefits provided herein shall be superseded by the Change of Control Agreement, such that you will not be entitled to a duplication of any amounts payable or benefits provided under this agreement and the Change of Control Agreement.

Please indicate your agreement with these terms by signing in the space below.



|                                                                     | /s/ Ronald L. Zarrella    Ronald L. Zarrella
|-------------------------------------------------------------------- | --------------------------------------------
|/s/ Paul Howes                    Paul Howes
Date: November 12, 2003 |
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.                  

###### Small Business Administration

          - [Disaster Declaration #11766 and #11767]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 1.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for the Commonwealth of Kentucky (FEMA-1841-DR), dated 05/29/2009.

*Incident:*                         Severe Storms, Tornadoes, Flooding, and Mudslides.                    

*Incident Period:*                         05/03/2009 through 05/20/2009.                    

*Effective Date:*                         06/09/2009.                    

*Physical Loan Application Deadline Date:*                         07/28/2009.                    

*EIDL Loan Application Deadline Date:*                         03/01/2010.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.

# SUPPLEMENTARY INFORMATION:

The notice of the Presidential disaster declaration for the State of Kentucky, dated 05/29/2009 is hereby amended to include the following areas as adversely affected by the disaster:

Primary Counties: (Physical Damage and Economic Injury Loans): Magoffin.

Contiguous Counties: (Economic Injury Loans Only):

Kentucky: Morgan.

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera,

Acting Associate Administrator for Disaster Assistance.

[FR Doc. E9-14152 Filed 6-15-09; 8:45 am]

BILLING CODE 8025-01-P
Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-60654

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

SHERRY ANNA CORD

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 1:02-CR-98-1

Before JONES, Chief Judge, and STEWART and OWEN, Circuit Judges.

PER CURIAM:*

Sherry Anna Cord appeals the revocation of supervised release entered on

July 15, 2008. She argues that the events that resulted in her termination from

a community corrections center were not her fault and that she showed progress

while on supervised release. She has not, however, shown that the district

court's decision was based on an error of law or a clearly erroneous assessment

of the evidence. Applying the abuse of discretion standard, we find no error. See

United States v. Grandlund, 71 F.3d 507, 509 (5th Cir. 1995).

United States Court of Appeals

Fifth Circuit

F I L E D

February 18, 2009

Charles R. Fulbruge III

Clerk
No. 08-60654

2

Cord further contends that her 10-month prison sentence was

substantively unreasonable. Cord’s sentence was within the applicable

Sentencing Guidelines range, below the statutory maximum, and imposed after

her third revocation of supervised release. Under the plain error standard, Cord

has failed to demonstrate any clear or obvious error affecting her substantial

rights. See United States v. Hernandez-Martinez, 485 F.3d 270, 273 (5th Cir.),

cert. denied, 128 S. Ct. 325 (2007).

The judgment is AFFIRMED.
#### In the Matter of Jack Vigliotti, Appellant, v State of New York Executive Division of Parole, Respondent.

Submitted December 24, 2012;

decided February 12, 2013

Motion for leave to appeal dismissed upon the ground that the issue presented has become moot. Motion for poor person relief dismissed as academic.

Judge Rivera taking no part.
Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) 

### LORRAINE BOND , ) ) Plaintiff , ) ) v. ) ) Civil Action No. 21

- cv - 1430 (TSC) ) 

### OFFICE OF ATTORNEY GENERAL OF THE UNITED STATES , et al ., ) ) ) ) Defendant s
. ) )
MEMORANDUM OPINION
On May 25, 2021, pro se Plaintiff Lorraine Bond filed what appears to be a Complaint regarding the 1985 bombing of Osage Avenue in Philadelphia. ECF No. 1, Compl. She asks the Court to award compensatory and punitive damages against Defendants, who include the United States Attorney General, E & I Dupont , as well as Pennsylvania and Philadelphia public officials. Id . at ECF pp. 1, 8, 13-14. She also asks the court to order Defendants to reco nstruct all the homes damaged in that bombing, although there is no indication that she owned any of the residences affected

. See id . at ECF p. 14.
On October 30, 2021, the court ordered Plaintiff to show cause why this action should not be dismisse d for failing to effectuate service of process, as it appeared she had yet to request summonses. 10/30/21 Amend. Min. Order (citing Fed. R. Civ. P. 4(m); Local Civil Rule 83.23). The court also directed Plaintiff to show cause why this actionPage 2 of 3 should not be dismissed for improper venue. Id

. (citing 28 U.S.C. § 1392; 28 U.S.C. §1406). Plaintiff filed a response in which she claimed only that “Pro se has shown the burden of proof with the proper venue on record” and “Pro so is a layman of the law and can’t be held to the strict standard as a license [sic] attorney.” ECF No. 5, Response to Show Cause Order ¶¶ 2–3. “The Court is mindful that a pro se litigant ’ s complaint is held to a less stringent standard than formal pleadings drafted by lawyers.” Jarrell v. Tisch , 656 F. Supp. 237, 239 (D.D.C. 1987) (citing Redwood v. Council of D.C. , 679 F.2d 931, 933 (D.C. Cir. 1982); Haines v. Kerner , 404 U.S. 519 (1972)). However, this standard “does not constitute a license for a plaintiff filing pro se to ignore ” the requirements of the law. See Jarrell , 656 F. Supp. at 239

. Plaintiff’s response is insufficient, as she has not established that she effectuated service of process. See Fed. R. Civ. P. 4(m). Indeed, the record indicates that she never requested summons es . Likewise, is not clear that venue is proper in this District. See 8 U.S.C. § 1391. Although Plaintiff also filed several “Notices,” ECF Nos. 3 –4, 6, 7, none of them address the deficiencies the court noted in its show cause order. Accordingly, this court will dismiss this action for lack of prosecution. See Local Civil Rule 83.23. In so doing, this court notes that is unlikely this court has personal jurisdiction over some of the Defendants, and it appears that some of the issues Plaintiff raises in her Complaint have been previously adjudicated, as her pleadings mention prior litigationPage 3 of 3 involving the same subject matter as involved here. See ECF No. 3; Compl at ECF pp. 6–
7.

Date: September 22, 2022 

## Tanya S. Chutkan TANYA S. CHUTKAN United States District Judge
```

[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Page 4464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1498]

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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,756]

Air Liquide Electronics U.S. LP, Dallas, TX; Notice of 
Termination of Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on December 22, 2008 in response to a 
petition filed by a company official on behalf of workers of Air 
Liquide Electronics U.S. LP, Dallas, Texas.
    The petitioning group of workers is covered by an active 
certification (TA-W-63,747 as amended) which expires on August 20, 
2010. Consequently, further investigation in this case would serve no 
purpose, and the investigation has been terminated.

    Signed at Washington, DC this 13th day of January 2009.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-1498 Filed 1-23-09; 8:45 am]
BILLING CODE 4510-FN-P
```
EXHIBIT 32.2





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 Report of China Tel Group, Inc. (the "Company") on Form 10-Q for the fiscal quarter ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof  (the "Report"), I Carlos Trujillo, Chief, Financial Officer of the Company, certify, pursuant to 18 U.S.C. §. 1350, as adopted pursuant to §. 906 of the Sarbanes-Oxley Act of 2002, that:





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





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





Date:  May 16, 2011
By: /s/ Carlos TrujilloCarlos Trujillo, 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 32.2** |
|--------|------------------|

 

**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 LILM, Inc. (the "Company") on Form 10-Q for the period ended June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, **George I. Norman, III**, Principal Accounting Officer of the Company, certify, pursuant to 18 U.S.C. Sec.            1350, as adopted pursuant to Sec. 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/ | **GEORGEI.NORMAN,III** |
|-----|------------------------|

 

**George I. Norman, III**

Principal Accounting Officer

August 12, 2009

 

 

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 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. The foregoing certifications are accompanying the Company's Form 10-Q 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.
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 Energy

###### Federal Energy Regulatory Commission 

          - [Docket No. IN09-10-000] 

With respect to an order issued by the Commission today in the above-captioned docket, with the exceptions noted below, the staff of the Office of Enforcement's Division of Investigations (DOI) and Jerome Pederson, Acting Deputy Director, Office of Enforcement, are designated as non-decisional in deliberations by the Commission in this docket. Accordingly, pursuant to 18 CFR 385.2202 (2008), they will not serve as advisors to the Commission or take part in the Commission's review of any offer of settlement. Likewise, as non-decisional staff, pursuant to 18 CFR 385.2201 (2008), they are prohibited from communicating with advisory staff concerning any deliberations in this docket. Exceptions in DOI to this designation are: Robert E. Pease, Todd Mullins, Suzanne McNamara, Tegan Flynn, Lauren Rosenblatt, John Hutchings, Renee Thorne. 

Kimberly D. Bose, 

Secretary. 

 [FR Doc. E9-1471 Filed 1-23-09; 8:45 am] 

BILLING CODE 6717-01-P