alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                    Exhibit 4.15


                              CERTIFICATE OF TRUST
                                       OF
                           PARTNERRE CAPITAL TRUST II

     This Certificate of Trust of PartnerRe Capital Trust II (the "Trust"),
dated as of December 11, 2001, is being duly executed and filed by the
undersigned, as trustees, to form a business trust under the Delaware Business
Trust Act (12 Del. C. (S) 3801, et seq.).
                                -- ---

     1. Name. The name of the business trust formed hereby is PartnerRe Capital
        ----
Trust II.

     2. Delaware Trustee. The name and business address of the trustee of the
        ----------------
Trust with a principal place of business in the State of Delaware is Chase
Manhattan Bank USA, National Association, 500 Stanton Christiana Road,
OPS4--3/rd/ Floor, Newark, Delaware 19173.

     3. Effective Date. This Certificate of Trust shall be effective upon filing
        --------------
with the Secretary of the State of the State of Delaware.

<PAGE>

     IN WITNESS WHEREOF, the undersigned, being the trustees of the Trust, have
executed this Certificate of Trust as of the date first-above written.

                                          JPMORGAN CHASE BANK, as Property
                                          Trustee


                                          By:   /S/ W.B. Dodge
                                             ----------------------------------
                                             Name:  W.B. Dodge
                                             Title: Vice President


                                          CHASE MANHATTAN BANK USA,
                                          NATIONAL ASSOCIATION, as Delaware
                                          Trustee


                                          By:   /S/ John J. Cashin
                                             -----------------------------------
                                             Name:  John J. Cashin
                                             Title: Vice President


                                          Administrative Trustee

                                               /S/ Albert Benchimol
                                          --------------------------------------
                                          Albert Benchimol, not in his
                                          individual capacity but solely as
                                          trustee of the Trust


                                          Administrative Trustee

                                              /S/ Christine Patton
                                          --------------------------------------
                                          Christine Patton, not in her
                                          individual capacity but solely as
                                          trustee of the Trust
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 1786** 

MARY HARRIS , Plaintiff

- Appellant ,

v. CAROLYN W. COLVIN, Acting Commissioner of Social Security , Defendant

- Appellee

.

Appeal from the United States District Court for the District of Maryland , at Baltimore

. Stephanie A. Gallagher , Magistrate Judge. ( 1:13

- cv - 02503

- SAG )

Submitted : December 22, 2014 Decided: January 8, 2015

Before MOTZ, KING, and WYNN , Circuit Judges.

Affirmed by un published per curiam opinion

.
Mary Harris, Appellant Pro Se. Craig Ormson, SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Mary Harris appeals the magistrate judge’s order upholding the Commissioner’s denial of Harris’ applications for disability benefits and supplemental security income and the
denial of her motion to alter or amend the judgment. ∗ We have
reviewed the record and discern no reversible error. Accordingly, we affirm for the reasons stated by the district

court. Harris v. Colvin , No. 1:13

- cv - 02503

- SAG (D. Md. filed May 5, entered May 6, 2014; filed June 5, entered June 6, 2014). We dispense with oral argument beca use the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

∗ The parties consented to the jurisdiction of the magistrate judge

. See 28 U.S.C. § 636(c) (2012).
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 14-3430

___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Joseph Tyler McDonald

lllllllllllllllllllll Defendant - Appellant

____________

Appeal from United States District Court 

for the Northern District of Iowa - Ft. Dodge

____________

 Submitted: July 7, 2015

Filed: July 22, 2015

[Unpublished] 

____________

Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.

____________

PER CURIAM.

After a jury found Joseph McDonald guilty of conspiracy to distribute 50 grams

or more of actual methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A),

and 846, and possession with intent to distribute 50 grams or more of actual
methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), the district court1

sentenced him as a career offender to concurrent terms of 360 months in prison, to be

followed by 10 years of supervised release. Following careful review, we reject the

arguments raised by both counsel in a brief filed under Anders v. California, 386 U.S.

738 (1967), and by McDonald in a pro se supplemental brief. 

The first argument before us is that the district court refused to give a requested

jury instruction on determining drug quantity in the possession-with-intent-todistribute offense. This argument fails, because district courts are entitled to broad

discretion in formulating jury instructions, see United States v. Robinson, 781 F.3d

453, 462-63 (8th Cir. 2015), and McDonald cannot show that he suffered any

prejudice as a result of the court’s refusal to give his requested instruction, see United

States v. Gutierrez, 367 F.3d 733, 736 (8th Cir. 2004) (errors regarding jury

instructions do not require reversal unless they result in prejudice). Second, we

conclude that the sentence was not substantively unreasonable. See United States v.

Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc). Third, we reject the remaining

arguments, all raised in the pro se brief, because the arguments either were not raised

below, or do not constitute grounds for reversal and do not warrant extended

discussion. 

Finally, having independently reviewed the record under Penson v. Ohio, 488

U.S. 75, 80 (1988), we affirm the judgment of the district court. We also deny

McDonald’s motion for new counsel, and we grant counsel’s motion to withdraw. 

______________________________

1

The Honorable Mark W. Bennett, United States District Judge for the Northern

District of Iowa.

-2-
Exhibit 32
 Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002
  1)
    
    To my knowledge, the Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and2)
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 /s/ Jackie L. Reed

Jackie L. ReedPresident and CEO
  /s/ Teresa L. Martin

Teresa L. MartinChief Financial Officer
#### Theresa Steegmuller, Respondent, v Stephen Siegel, Appellant.

[609 NYS2d 359]

—Mikoll, J.

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Hillery, J.), entered June 19, 1992 in Dutchess County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff sued defendant for personal injuries after being struck in the face by a batted ball while pitching a softball to defendant, the batter. Plaintiff was a neophyte to the sport. The couple were playing on a grass field of a high school, having gone there at plaintiffs suggestion to "bat the ball around”. The depositions of the parties vary as to whether plaintiff was using a glove and as to the distance she was from defendant while pitching to him. Supreme Court held that plaintiffs contention that she was a novice to the sport and did not comprehend that there was a possibility of injury raises a material question of fact. Defendant urges that plain*856tiff’s complaint should have been dismissed as a matter of law based upon the defense of assumption of risk.

In *Turcotte v Fell*(68 NY2d 432, 439), the Court of Appeals held that a participant in sporting activity is held to have consented to the risks inherent in it "[i]f the risks of the activity are fully comprehended or perfectly obvious” and that "participants properly may be held to have consented, by their participation, to those injury-causing events which are known, apparent or reasonably foreseeable consequences of the participation”.

We cannot agree with Supreme Court’s finding that a question of fact exists warranting a trial. It was obvious that a batted ball, if directed towards her, could strike plaintiff. Such event is inherent in batting activity and should have been comprehended even by a novice to softball. Plaintiff was an adult and the danger was apparent. Under such circumstances, we conclude that no issues of fact exist and summary judgment should have been granted to defendant.

Cardona, P. J., Crew III, Casey and Weiss, JJ., concur. Ordered that the order is reversed, on the law, with costs, motion granted, summary judgment awarded to defendant and complaint dismissed.
Gibbons 

Saitta 

Pickering 

our original jurisdiction. See NRS 34.160; NRS 34.170. Accordingly, we 

ORDER the petition DENIED. 

cc: Hon. Patrick Flanagan, District Judge 

Bruce Harrison Birch 

Attorney General/Carson City 

Washoe County District Attorney 

Washoe District Court Clerk 

SUPREME COURT 

OF 

NEVADA 2 

(0) I947A (4421gio
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 Annual Report of RehabCare Group, Inc. (the “Company”) on Form 10-K for the period ending December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I Jeff A. Zadoks, Vice President, Interim Chief Financial 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:

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

 

                                                                                                                                                                                 
| By:    | /s/  Jeff A. Zadoks   |
|--------|---------------------------------|
|   | Jeff A. Zadoks                  |
|   | Vice President,                 |
|   | Interim Chief Financial Officer |
|   | RehabCare Group, Inc.           |
|   | March 14, 2006                  |

 

 

                                                                                                                                                                                 

 

 

1
Exhibit 32.1

SECTION 906 CEO CERTIFICATION

WRITTEN STATEMENT OF THE CHIEF
EXECUTIVE OFFICER

Pursuant to 18 U.S.C. Section 1350

Solely for the purposes of complying with 18 U.S.C. Section 1350, I, the undersigned Chairman of the Board of Directors, President and Chief Executive Officer of Stem Cell Therapy International, Inc.
(the Company), hereby certify that the Quarterly Report on Form 10-Q of the Company for the nine months ended December 31, 2009, (the Report) fully complies with the requirements of Section 13(a) of the Securities
and Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                |  |                                                                           |  |                  
|--------------- |  | ------------------------------------------------------------------------- |  | -----------------
|Signature       |  | Title                                                                     |  | Date             
|                |  |                                                                          
|/s/ David Stark |  | Chairman of the Board of Directors, President and Chief Executive Officer |  | February 16, 2010
|David Stark     |  |                                                                           |  |
Fourth Court of Appeals

San Antonio, Texas

December 6, 2019

No. 04-19-00216-CR

Luis Antonio ARROYO,

Appellant

v.

The STATE of Texas,

Appellee

From the 227th Judicial District Court, Bexar County, Texas

Trial Court No. 2018CR5532

Honorable Laura Lee Parker, Judge Presiding

ORDER

After we granted Appellant’s first and second motions for extensions of time to file the 

brief, Appellant’s brief was due on November 27, 2019. See TEX. R. APP. P. 38.6(a). After the 

twice-extended due date, Appellant filed a third motion for a twenty-day extension of time to file 

the brief.

Appellant’s motion is GRANTED; the brief is due on December 17, 2019. 

Any further motion for extension of time to file Appellant’s brief will be disfavored. 

_________________________________

Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 6th day of December, 2019.

___________________________________

MICHAEL A. CRUZ,

Clerk of Court
Exhibit 31.2 Certification of the Chief Financial Officer

Chief Financial Officer Certification
Pursuant To Section 302 Of 
The Sarbanes-Oxley Act Of 2002

|I, Robert S. Johnson, certify that:
|-----------------------------------
|                                   
|1.                                 
|                                   
|2.                                 
|                                   
|3.                                 
|                                   
|4.                                 
|                                   
|                                   
|                                   
|                                   
|                                   
|                                   
|                                   
|5.                                 
|                                   
|                                   
|                                   
|                                   



|September 21, 2005 | /s/ Robert S. Johnson  
|------------------ | -----------------------
|                   | Robert S. Johnson      
|                   | Chief Financial Officer
Exhibit 32.1

** **

** **

**Certification of CEO andCFO**

**Pursuant to 18 U.S.C.Section 1350,**

**AsAdopted Pursuant to**

**Section 906 of theSarbanes-Oxley Act of 2002**

 

 

 

In connection with theAnnual Report on Form 10-K of Angeles Income Properties, Ltd. 6 (the"Partnership"), for the fiscal year ended December 31, 2008 as filed with theSecurities and Exchange Commission on the date hereof (the "Report"), Steven D.Cordes, as the equivalent of the chief executive officer of the Partnership, andStephen B. Waters, as the equivalent of the chief financial officer of thePartnership, each hereby certifies, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to thebest of his knowledge:

 

(1)   The Reportfully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)   Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Partnership.

 

 

 

 

This certification isfurnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of2002 and shall not be deemed filed by the Partnership for purposes of Section 18of the Securities Exchange Act of 1934, asamended.
##### 



Exhibit 31.1
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this report on Form 10-K of Atlantis Plastics, 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 have:
    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:
   /s/ Earl W. PowellDate: April 5, 2007
    
    Earl W. PowellInterim Chief Executive Officer (Principal Executive
Officer)
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * *

STEPHANIE BOULA, * No. 13-356V

* Special Master Christian J. Moran

Petitioner, *

v. * Filed: June 25, 2015

*

SECRETARY OF HEALTH * Attorneys’ fees and costs; award

AND HUMAN SERVICES, * in the amount to which

* respondent does not object.

Respondent. *

* * * * * * * * * * * * * * * * * * * * *

Daniel J. Mannix, Muller, Mannix & Reichenbach, PLLC, Glens Falls, NY, for 

Petitioner;

Julia W. McInerny, U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS1

On June 5, 2015, respondent filed a stipulation of fact concerning final 

attorneys’ fees and costs in the above-captioned matter. Previously, petitioner 

informally submitted a draft application for attorneys’ fees and costs to respondent 

for review. Upon review of petitioner’s application, respondent raised objections 

to certain items. Based on subsequent discussions, petitioner amended her

application to request $15,603.38, an amount to which respondent does not object. 

The Court awards this amount.

On May 24, 2013, Stephanie Boula filed a petition for compensation

alleging that the Human Papillomavirus (“HPV”) and/or Hepatitis B vaccines 

which she received caused her to suffer autoimmune disorder and undifferentiated 

connective tissue disorder, and other injuries. Petitioner received compensation 

based upon the parties’ stipulation. Decision, issued June 11, 2015. Because 

 

1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), 

the parties have 14 days to file a motion proposing redaction of medical information or other 

information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special 

master will appear in the document posted on the website.
2

petitioner received compensation, she is entitled to an award of attorneys’ fees and 

costs. 42 U.S.C. § 300aa-15(e). 

Petitioner seeks a total of $15,603.38, in attorneys’ fees and costs for her

counsel. Additionally, in compliance with General Order No. 9, petitioner states 

that she incurred no out-of-pocket litigation expenses while pursuing this claim. 

Respondent has no objection to the amount requested for attorneys’ fees and costs. 

After reviewing the request, the Court awards the following:

A lump sum of $15,603.38, in the form of a check made payable to 

petitioner and petitioner’s attorney, Daniel J. Mannix, for attorneys’ 

fees and other litigation costs available under 42 U.S.C. § 300aa-15(e).

The Court thanks the parties for their cooperative efforts in resolving this 

matter. The Clerk shall enter judgment accordingly.

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-

6360.

 

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master
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 Legacy Reserves LP (the “Partnership”)
on Form 10-Q for the quarter ended March 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), each of
the undersigned hereby certifies, in his capacity as an officer of Legacy
Reserves GP, LLC (the "Company”), the general partner of the Partnership,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley
Act of 2002, that, to his 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 results of operations of the
Partnership.






/s/ Cary D.
      Brown
            
            
            /s/ Steven H.
      PruettCary D.
      Brown
            
            
            Steven H.
      PruettChief
      Executive Officer and Chairman of the Board
              
              
              May 8, 2009
            
            
            President,
      Chief Financial Officer and
              Secretary
              
              May 8, 2009






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.
  The
foregoing certification is being furnished to the Securities and Exchange
Commission as an exhibit to the Report and shall not be considered filed as part
of the Report.
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

In the Matter of the Dependency of

A.M.M., DOB: 9/16/2006,

M.A.M., DOB: 5/28/2008,

A.M.M., DOB: 12/16/2009,

STATE OF WASHINGTON,

DEPARTMENT OF SOCIAL AND

HEALTH SERVICES,

Respondent,

BRIAN MARES,

Appellant.

No. 73137-8-1

(consolidated with

No. 73136-6-1 and 73139-4-1)

DIVISION ONE

UNPUBLISHED OPINION

FILED: JUL 2 7 2015

Per Curium — Brian Mares appeals from the order terminating parental rights to

his three children. The parties have stipulated that the order should be reversed and

vacated. We accept the parties' stipulation, reverse and vacate the order terminating

parental rights, reinstate Brian Mares as a party, and remand for further proceedings

before a different judicial officer.

Reversed, vacated, and remanded.

FOR THE COURT:

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