alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals For the Eighth Circuit

___________________________

No. 23-3476

___________________________ Ahmad Daniel lllllllllllllllllllll Plaintiff - Appellant

v. Honeywell International Inc.; Katie Lorentzen; Dawn C. Valdivia; Tara Hill; Kyle Swatfager

lllllllllllllllllllll Defendants - Appellees

____________ Appeal from United States District Court for the District of Minnesota
____________ Submitted: July 15, 2024 Filed: August 2, 2024 [Unpublished]

____________ Before KELLY, GRASZ, and KOBES, Circuit Judges.

____________ PER CURIAM. Ahmad Daniel appeals the district court’s 1 dismissal of his pro se employment discrimination action. After careful review of the record and the parties’ arguments

1 The Honorable Eric C. Tostrud, United States District Judge for the District of Minnesota.on appeal, we conclude that dismissal was warranted based on Daniel’s failure to

comply with federal and local rules. See Mangan v. Weinberger, 848 F.2d 909, 911 (8th Cir. 1988) (reviewing dismissal for failure to comply with Fed. R. Civ. P. 8 for abuse of discretion); see also Nw. Bank & Tr. Co. v. First Ill. Nat’l Bank, 354 F.3d 721, 725 (8th Cir. 2003) (reviewing district court’s application of its local rules for abuse of discretion). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Daniel’s pending motion.

______________________________

-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 Splinternet Holdings, Inc. (the
“Company”) on Form 10-QSB for the period ended September 30, 2007, as filed with
      the Securities and Exchange Commission (the “Report”), the undersigned
      certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
      906 of the Sarbanes-Oxley Act of 2002, to the best of the undersigned’s
      knowledge, 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.





Dated:
                November 1, 2007
            By:
            /s/
                James C. AckerlyJames
                C. Ackerly, Chief Executive Officerand
                President (Principal Executive
                Officer)
907 A.2d 1011

#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RONALD GARRY, DEFENDANT-PETITIONER.

September 21, 2006.

It is ORDERED that the petition for certification is granted, limited solely to the sentencing issue raised by defendant, and the matter is summarily remanded to the trial court for resentencing in light of *State v. Natale,*184 *N.J.*458, 878 A.2d 724 (2005) and *State v. Pierce,*188 *N.J.*155, 902 A.2d 1195 (2006).
Exhibit 32.2

                  CERTIFICATIONS PURSUANT TO SECTION 906 OF THE
              SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of DoMark International, Inc. (the
"Company") on Form 10-Q for the period ending August 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Scott
Sieck, Principle Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of operations of
          the Company.

                                DoMark International, Inc.
                                      Registrant


Date: October 20, 2009          By: /s/ Scott Sieck
                                    --------------------------------------------
                                    Scott Sieck
                                    Chief Executive Officer (Principal Executive
                                    Officer, Principal Financial Officer)
EXHIBIT 32.2

Certification of Chief Financial Officer

Pursuant to 18 U.S.C. § 1350, as created by
Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Douglas Emmett, Inc. (the Company), hereby certifies, to such officers knowledge, that:



| | (i) | the accompanying quarterly report on Form 10-Q of the Company for the period ended March 31, 2007 (the Report) fully complies with the requirements of
Section 13(a) or Section 15(d), as applicable, 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.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |     |  |                                                           
|----------------- |  | --- |  | ----------------------------------------------------------
|Date: May 9, 2007 |  | By: |  | /s/    WILLIAM
KAMER                                      
|                  |  |     |  | William Kamer Chief Financial Officer Douglas Emmett, Inc.

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 solely to accompany the Report pursuant to 18 U.S.C. § 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by
reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
EX-4.2



 Exhibit 4.2 
 



 
 NUMBER 
 SHARES 
 INCORPORATED UNDER THE LAWS OF THE STATE
OF DELAWARE 
 HF2 FINANCIAL MANAGEMENT INC. 

PAR VALUE $0.000001 EACH CLASS B COMMON STOCK 
 See Reverse for Certain Definitions 
 This is to
Certify that is the owner of 
 FULLY PAID AND NON-ASSESSABLE SHARES OF CLASS B COMMON STOCK OF 

HF2 FINANCIAL MANAGEMENT INC. 
 transferable on the books of the Corporation by the holder hereof in person or by duly authorized Attorney upon surrender of this Certificate properly endorsed. Witness, the seal of the
Corporation and the signatures of its duly authorized officers. 
 Dated 

SECRETARY/TREASURER 
 CHAIRMAN/PRESIDENT 
 ©1999 CORPEX BANKNOTE
CO., BAY SHORE N.Y. 

	
	








 



 
 The following abbreviations, when used in the inscription on the face of this
certificate, shall be construed as though they were written out in full according to applicable laws or regulations: 
 TEN COM - as tenants in common 
 TEN ENT - as
tenants by the entireties 
 JT TEN - as joint tenants with right of survivorship and not as tenants in common

 Additional abbreviations may also be used though not in the above list 

UNIF TRANSFERS MIN ACT- Custodian 
 (Cust) (Minor) 
 under Uniform Transfers to Minors

 Act 
 (State) 
 For value received hereby sell, assign
and transfer unto 
 PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE 

(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING POSTAL ZIP CODE OF ASSIGNEE) 

Shares 
 represented by the within Certificate, and do hereby irrevocably constitute and appoint 
 Attorney 
 to transfer the said Shares on the books
of the within named Corporation with full power of substitution in the premises. 
 Dated 

In presence of 
 NOTICED: THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE
WHATEVER.
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.                  

###### National Aeronautics and Space Administration

          - [Notice (09-066)]

# AGENCY:

National Aeronautics and Space Administration.

# ACTION:

Notice of meeting.

# SUMMARY:

In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announces a meeting of the Review of U.S. Human Space Flight Plans Committee. The agenda topics for the meeting include:
      - Kennedy Space Center Perspective.
      - Constellation projects.
      - Committee subgroup report.
      - Public comment.

# DATES:

                        Thursday, July 30, 2009, 8 a.m.-4 p.m.                         **Note:**                         All times listed are local times.                    

# ADDRESSES:

Hilton Cocoa Beach Oceanfront, Grand Ballroom, 1550 North Atlantic Avenue, Cocoa Beach, Florida 32931, 321-799-0003.

# FOR FURTHER INFORMATION CONTACT:

Mr. Philip R. McAlister, Office of Program Analysis and Evaluation, National Aeronautics and Space Administration, Washington, DC 20546. Phone 202-358-0712.

# SUPPLEMENTARY INFORMATION:

The meeting will be open to the public up to the seating capacity of the room. It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants.

P. Diane Rausch,

Advisory Committee Management Officer, National Aeronautics and Space Administration.

[FR Doc. E9-16533 Filed 7-10-09; 8:45 am]

BILLING CODE P
Case 2:11-cv-00602-SRC -MAS Document 3 Filed 03/28/11 Page 1 of 1 PageID: 9
907 A.2d 1006

#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALTURIK FRANCIS, DEFENDANT-MOVANT.

September 8, 2006.

Granted.
<PAGE>
                                                                   EXHIBIT 23.1



                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

        As independent public accountants, we hereby consent to the
incorporation of our reports included (or incorporated by reference) in this
Form 10-K into the company's previously filed Registration Statements (File Nos.
33-16539, 33-37173, 33-43155, 33-85270, 33-94438, 333-00855, 333-11385,
333-11387, 333-11389, 333-25953, 333-48533, 333-48535, 333-46867, 333-62673,
333-45053, 333-66857, 333-73007, 333-76233, 333-80281 and 333-85135) on Form
S-8.


                                                      /s/ ARTHUR ANDERSEN LLP



San Jose, California
May 14, 2002
#### Thomas *against*M'Daniel.

NEW-YORK,

May, 1817.

A receipt by iwi full theThipt £wne°®c!orro"S *‘fuar alZ full compensation for every thing*ficiént evidence p°eaSor Pacco«z and *satisfaction,*in an action or *assault*and *bat-*<«■», brought by oftíe TM¡pl “{JmSterSth“'he'liatTe“ Jeceipt^ itfirat, refu=a<5

IN error, on *certiorari,*to the justice’s court of the city °f mitted on board of the vessel at sea. not guilty ; and, also, *accord and satisfaction.*New-York. *MlDaniel,*a seaman, brought an action against *Thomas,*the master of a ship, for an assault and battery com-The defendant pleaded

On the trial, the assault and battery were proved; and the defendant, in support of his second plea, gave in evidence a • . 11 • , „ 1 ° receipt in the following words, viz. *New Yor/c. March*30th, r ° . 1816. Received from captain *J. B. Thomas*sixty dollars and fifty cents, in full of all demands against the ship *Independence,*her officers and owners, for wages; also, one dollar as a full compensation for every thing else. *James BTDaniel.*Witness, *Jos :*Morrison.”

The subscribing witness to the receipt testified that he explained the instrument to the plaintiff, by stating that the one dollar was intended as a full compensation for all other claims except wages, and that the plaintiff, at first, refused to sign the paper, and waited three or four days. The defendant then placed the money and the paper on the table, and told the plaintiff that he might sign, or not, as he pleased. The plaintiff then read over the paper and signed it, and recei^id the money; but nothing was said about assault and battery. A receipt in similar form was taken by the defendant from each of the crew.

The court below gave judgment for the-plaintiff, for fifty dollars damages and costs.

*Per Curiam.*

It is very questionable whether this receipt will bear any other construction than as an acknowledgment to the officers and owners of the ship of satisfaction for all claim? *186and demands against them jointly. But admitting that it im~~ ports an acknowledgment of satisfaction for all claims and causes of action against the captain, individually, there is strong ground to infer that it was unfairly obtained by him. It was coupled with a receipt for the wages of the seaman; and the evidence shows that his wages, after being liquidated at 60 dolt lars and ~o cents, were withheld by the captain, during three or four days, because the plaintiff refused to sign the double receipt. To a person in the situation of a seaman, just arrived in port after a long voyage, and, probably, without a cent of money, this was a fraudulent constraint on the part of the captain, from which the law will protect the seaman. It cannot be doubted, that if the wages had been unconditionally paid, the plaintiff would peremptorily have refused to sign the receipt for one dollar, "for every thing else." The judgment below must be affirmed.

Judgment affirmed.
Exhibit
32.1




CERTIFICATION
OF CHIEF EXECUTIVE OFFICER


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 accompanying Quarterly Report on Form 10-Q for the three
months ended March 31, 2009 and filed with the Securities and Exchange
Commission on the date hereof (the “Report”), I, Joseph A. Mills, Chief
Executive Officer of Eagle Rock Energy G&P, LLC, the general partner of
Eagle Rock Energy GP, L.P., the general partner of Eagle Rock Energy Partners,
L.P. (the “Partnership”), hereby certify, 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
Partnership.




Date:
      May 8, 2009
            /s/
      Joseph A. MillsJoseph
      A. MillsChairman
      and Chief Executive Officer of Eagle RockEnergy
      G&P, LLC, General Partner of Eagle RockEnergy
      GP, L.P., General Partner of Eagle RockEnergy
      Partners, L.P.
Exhibit 31.1
 CERTIFICATION
PURSUANT TO 17 CFR 240.13a-14
PROMULGATED UNDER
 SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
      (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 registrant, 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)
    
    Designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes in accordance with generally
accepted accounting principles;
 (c)
    
    Evaluated the effectiveness of the registrant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
 (d)
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
(the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
  (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 registrant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 registrants internal control over financial
reporting.
 /s/ William P. MoffittWilliam P. MoffittPresident and Chief Executive Officer
|   | • | the      Report fully complies with the requirements of Section 13(a) or      15(d) of the Securities Exchange Act of 1934;  and |
|--------|---------|-------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   |
|--------|--------|

|   | • | the      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the      combined predecessors of thePartnership. |
|--------|---------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|        Date: August 9, 2010 | /s/ JOHN B. WALKER                                 |
|----------------------------------|----------------------------------------------------|
|                             | John      B. Walker                                |
|                             | Chief      Executive Officer of EV Management LLC, |
|                             | general      partner of EV Energy GP, L.P.,        |
|                             | general      partner of EV Energy Partners, L.P.   |

----
##### 



AMENDMENT NO. 1
TO CREDIT AGREEMENT
 AMENDMENT NO. 1, NATIONAL MEDICAL HEALTH CARD SYSTEMS, INC. JPMORGAN CHASE BANK, N.A. LENDERS
 WHEREAS,
 NOW, THEREFORE,
 1. Amendments.
  Cal Optima Contract
  PCN
  PCN Acquisition
  PCN Acquisition Closing Date




---



##### 



PCN Agency Arrangements
  PCN Maximum Gross Profit Earn-out Amount
  Consolidated Fixed Charge Ratio minus plus plus plus plus
  2




---



##### 



plus
       3




---



##### 



Conditions to Effectiveness.
  Miscellaneous.
      THIS AMENDMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
NEW YORK WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
  Agreement with Respect to Undertaking.
  4




---



##### 



[the next page is the signature page]
 5




---



##### 



IN WITNESS WHEREOF,
 NATIONAL MEDICAL HEALTH CARD SYSTEMS, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    Chief Financial OfficerJPMORGAN CHASE BANK, N.A., asAdministrative AgentBy:
    
    /s/ Stephen ZajacName:
    
    Stephen ZajacTitle:
    
    Vice President
 6




---



##### 



CONSENT
  NMHCRX MAIL ORDER, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerINTEGRAIL, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerNMHC FUNDING, LLCBy:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerNMHCRX, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerINTEQ CORP.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    Treasurer
 7




---



##### 



INTEQ TX CORP.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerINTEQ PBM, L.P.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerPORTLAND PROFESSIONALPHARMACYBy:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerPORTLAND PROFESSIONALPHARMACY ASSOCIATESBy:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerSPECIALTY PHARMACY CARE, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerCENTRUS CORPORATIONBy:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    Treasurer
 8




---



##### 



NATIONAL MEDICAL HEALTH CARD IPA, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerNMHCRX CONTRACTS, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerPHARMACY ASSOCIATES, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    TreasurerINTERCHANGE PMP, INC.By:
    
    /s/ Stuart F. FleischerName:
    
    Stuart F. FleischerTitle:
    
    Treasurer
 9
#### Frances Young, Appellant, v Leigh Young, Respondent.

[854 NYS2d 168]

*721The parties share joint custody of their son pursuant to a stipulation of settlement incorporated but not merged into their judgment of divorce. The plaintiff father moved, inter alia, to modify the stipulation insofar as it concerned custody and visitation during the summer, and for an award of an attorney’s fee in connection with the motion. We affirm the denial of such relief.

Where parents enter into an agreement regarding custody, it will not be set aside unless there is a sufficient change in circumstances since the time of the stipulation and unless the modification of the custody arrangement is in the child’s best interests *(see Matter of Bauman v Abbate,*48 AD3d 679 [2008]; *Matter of Conforti v Conforti,*46 AD3d 877 [2007]). Here, the plaintiff failed to sustain his burden of proof on those issues. Accordingly, the Supreme Court providently exercised its discretion in denying those branches of his motion which were to modify the stipulation of settlement insofar as it concerned custody and visitation during the summer *(see Spratt v Fontana,*46 AD3d 670 [2007]).

The plaintiffs remaining contentions are without merit. Ritter, J.P., Santucci, Angiolillo and Garni, JJ., concur.