alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
##### 



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
  1.
    
    the report on Form 10-Q of Viad Corp for the fiscal quarter ended March 31, 2008 (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. 78m or 78o(d)); and2.
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of Viad Corp.
 Date: May 9, 2008
    By
    /s/ Ellen M. IngersollEllen M. IngersollChief Financial Officer
Joseph P. LaSala 

MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP

1300 Mount Kemble Avenue

P.O. Box 2075

Morristown, NJ 07962-2075 

Phone: (973) 993-8100

Fax: (973) 425-0161

Jlasala@mdmc-law.com

Attorneys for Defendants Express Scripts, Inc., Aristotle Merger Sub, Inc., Aristotle Holding, Inc. 

and Plato Merger Sub, Inc.

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

IN RE: 

MEDCO/EXPRESS SCRIPTS MERGER 

LITIGATION

Civil Action No. 11-4211 (DMC) (MF)

CERTIFICATION OF JOSEPH P. 

LA SALA IN RESPONSE TO NEW 

JERSEY STATE PLAINTIFFS

MOTION TO INTERVENE AND 

APPLICATION FOR AWARD OF 

ATTORNEYS FEES AND

EXPENSES

ORAL ARGUMENT REQUESTED

HEARING DATE: APRIL 16, 2012

JOSEPH P. LASALA hereby certifies that:

1. I am a member of the law firm of McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys for Defendants Express Scripts, Inc., Aristotle Merger Sub, Inc., Aristotle

Holding, Inc. and Plato Merger Sub, Inc. (collectively, "Express Scripts") in the above-captioned 

Case 2:11-cv-04211-DMC -MF Document 102-1 Filed 04/02/12 Page 1 of 2 PageID: 4674
2

681699.01-Wilmington Server 1A - MSW

action. I submit this Certification in Support of Express Scripts' Response to New Jersey State

Plaintiffs' Motion to Intervene and Application for Award of Attorneys' Fees and Expenses. 2. I have attached hereto as Exhibit A, In re Burlington N. Santa Fe S'holder Litig., C.A. No. 5043-VCL (Del. Ch. Oct. 28, 2010) (TRANSCRIPT).

3. I certify under penalty of perjury that the foregoing is true and correct.

Executed on April 2, 2012

/s/ Joseph P. LaSala

 Joseph P. LaSala

Case 2:11-cv-04211-DMC -MF Document 102-1 Filed 04/02/12 Page 2 of 2 PageID: 4675
I 

108TH CONGRESS 

1ST SESSION H. R. 677

To amend title 38, United States Code, to deem certain service in the 

organized military forces of the Government of the Commonwealth of 

the Philippines and the Philippine Scouts to have been active service 

for purposes of benefits under programs administered by the Secretary 

of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2003

Mr. CUNNINGHAM (for himself, Mr. FILNER, Mr. EVANS, Mr. ISSA, Ms. 

MILLENDER-MCDONALD, Mr. GUTIERREZ, Mr. WYNN, Mr. ABERCROMBIE, Ms. PELOSI, Mr. CASE, Ms. HARMAN, Ms. BORDALLO, Ms. 

LEE, Mr. ROHRABACHER, Ms. SCHAKOWSKY, Mr. ROYCE, Mr. BECERRA, 

Mr. INSLEE, Mr. SCOTT of Virginia, Ms. ROYBAL-ALLARD, Ms. CORRINE

BROWN of Florida, Mr. FROST, Mr. DAVIS of Illinois, Mr. MCDERMOTT, 

Ms. LOFGREN, and Mr. LANTOS) introduced the following bill; which was 

referred to the Committee on Veterans’ Affairs 

A BILL

To amend title 38, United States Code, to deem certain 

service in the organized military forces of the Government of the Commonwealth of the Philippines and the 

Philippine Scouts to have been active service for purposes 

of benefits under programs administered by the Secretary of Veterans Affairs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 677 IH 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Filipino Veterans Eq3 uity Act of 2003’’. 

4 SEC. 2. CERTAIN SERVICE IN THE ORGANIZED MILITARY 

5 FORCES OF THE PHILIPPINES AND THE PHIL6 IPPINE SCOUTS DEEMED TO BE ACTIVE 

7 SERVICE. 

8 (a) IN GENERAL.—Section 107 of title 38, United 

9 States Code, is amended—

10 (1) in subsection (a)—

11 (A) by striking ‘‘not’’ after ‘‘Army of the 

12 United States, shall’’; and 

13 (B) by striking ‘‘, except benefits

14 under—’’ and all that follows in that subsection 

15 and inserting a period; 

16 (2) in subsection (b)—

17 (A) by striking ‘‘not’’ after ‘‘Armed Forces 

18 Voluntary Recruitment Act of 1945 shall’’; and 

19 (B) by striking ‘‘except—’’ and all that fol20 lows in that subsection and inserting a period; 

21 and 

22 (3) by striking subsections (c) and (d). 

23 (b) CONFORMING AMENDMENTS.—(1) The heading 

24 of such section is amended to read as follows: 
3

•HR 677 IH 

1 ‘‘§ 107. Certain service deemed to be active service: 

2 service in organized military forces of the 

3 Philippines and in the Philippine 

4 Scouts’’. 

5 (2) The item relating to such section in the table of 

6 sections at the beginning of chapter 1 of such title is 

7 amended to read as follows:

‘‘107. Certain service deemed to be active service: service in organized military 

forces of the Philippines and in the Philippine Scouts.’’.

8 SEC. 3. EFFECTIVE DATE. 

9 (a) IN GENERAL.—The amendments made by this 

10 Act shall take effect on January 1, 2004. 

11 (b) APPLICABILITY.—No benefits shall accrue to any 

12 person for any period before the effective date of this Act 

13 by reason of the amendments made by this Act.

Æ
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 Transportation

###### Office of the Secretary 

The following Agreements were filed with the Department of Transportation under Sections 412 and 414 of the Federal Aviation Act, as amended  (49 U.S.C. 1382 and 1384) and procedures governing proceedings to enforce these provisions. Answers may be filed within 21 days after the filing of the application. 

*Docket Number:*                     DOT-OST-2009-0150.                 

*Date Filed:*                     June 29, 2009.                 

*Parties:*                     Members of the International Air Transport Association.                 

*Subject:*                     Mail Vote Number S 086.  Departure Control Guidelines for Secure Flight (RPs 1707b, 1708, 1715, 1719 and 1719b).                 

*Intended effective date:*                     1 June 2009.                 

Renee V. Wright, 

Program Manager, Docket Operations, Federal Register Liaison.

 [FR Doc. E9-16752 Filed 7-14-09; 8:45 am] 

4910-9X-P
[901 NYS2d 780]

#### The People of the State of New York, Respondent, v Anthony Roberti, Appellant.

Supreme Court, Appellate Term, Second Department,

April 21, 2010

APPEARANCES OF COUNSEL

*Rod Kovel,*Merrick, for appellant. *Spellman Rice Schure Gibbons McDonough & Polizzi, LLP,*Garden City *(Benjamin J. Trúncale, Jr.*of counsel), for respondent.

*78OPINION OF THE COURT

Memorandum.

Ordered that the judgments of conviction are reversed, on the law, the accusatory instruments are dismissed and the fines, if paid, are remitted.

Following a nonjury trial that commenced on November 19, 2008 and concluded on November 21, 2008, the Justice Court rendered judgments on April 23, 2009 convicting defendant of “failing to affix a valid license plate and inspection sticker to a 1985 Chevrolet” (Code of Village of New Hyde Park § 139-39), “failing to affix a valid license plate and inspection sticker to a 1978 Oldsmobile” (Code of Village of New Hyde Park § 139-39), “failing to affix a valid license plate and inspection sticker to a 1967 Dodge” (Code of Village of New Hyde Park § 139-39), “parking a vehicle in his driveway which blocked a sidewalk” (Code of Village of New Hyde Park § 165-5 [A]), and two charges of parking a 1978 Oldsmobile on the sidewalk (Vehicle and Traffic Law § 1202 [a] [1] [b]). On appeal, defendant contends that there was an unreasonable delay in the court’s rendering of the verdicts. We agree and reverse.

The record establishes that there was a 151-day delay from November 21, 2008, when the trial concluded, to April 23, 2009, when the court rendered its verdicts. CPL 350.10 (3) (d) provides that in a single-judge trial of an information or a simplified information, after the introduction of evidence and the summations, if any, the court must then consider the case and render a verdict. It has been held that the court in a non-jury case must render its verdict within a reasonable period of time, and “[w]hat will be ‘reasonable’ must, of course, turn largely on the circumstances of the individual case” *(People v South,*41 NY2d 451, 454 [1977]). In the case at bar, no complicated issues of fact were presented, no evidentiary questions or contested propositions of law remained to be resolved, and no posttrial submissions were sought or offered. Consequently, as a matter of law, the delay in this case was unreasonable (s*ee South,*41 NY2d at 455; *People v Malone,*22 Misc 3d 65 [App Term, 9th & 10th Jud Dists 2009] [42-day delay was held unreasonable in a speeding case]). Accordingly, the judgments of conviction are reversed and the accusatory instruments dismissed.

Molía, J.P, LaCava and Iannacci, JJ., concur.
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 ThermoEnergy Corporation (the "Company")
on Form 10-Q for the period ended June 30, 2010, as filed with the Securities
and Exchange Commission on the date hereof (the “Report"), I, Teodor Klowan,
Jr., Executive Vice President and Chief Financial Officer of the Company,
certify to the best of my knowledge, 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 results of operations of the Company.





Date:  August
16, 2010





/s/ Teodor Klowan, Jr.Name:
      Teodor Klowan, Jr., CPATitle:
      Executive Vice President and Chief Financial
                Officer
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.                  

###### Social Security Administration

          - [Docket No. SSA-2009-0001]

# AGENCY:

Social Security Administration.

# ACTION:

Notice of Inaugural Meeting; Correction notice.

# SUMMARY:

                        The Social Security Administration published in the                         **Federal Register**                         of January 21, 2009, a document announcing the dates and times of the Notice of Inaugural Meeting of the Occupational Information Development Advisory Panel Meeting. This notice serves to correct the beginning time for the meeting on February 23, 2009. The meeting will begin at 9 a.m.                    

# DATES:

Effective on January 27, 2009.

# FOR FURTHER INFORMATION CONTACT:

                        Debra Tidwell Peters, 410-965-9617.                              ( print page 4824)    

# SUPPLEMENTARY INFORMATION:

                    The Social Security Administration published a document in the                     **Federal Register**                     of January 21, 2009, (74 FR 3666), announcing the Inaugural Meeting of the Occupational Information Development Advisory Panel Meeting. On February 23, 2009, the correct beginning time is 9 a.m.                

Debra Tidwell-Peters,

Designated Federal Officer, Occupational Information Development Advisory Panel.

 [FR Doc. E9-1733 Filed 1-26-09; 8:45 am]

BILLING CODE 4191-02-P
#### The People of the State of New York, Respondent, v Clarence J. Carithers, Appellant.

[853 NYS2d 518]

Present—Scudder, P.J., Martoche, Centra, Fahey and Peradotto, JJ.
# 19SNR03_00
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

IN THE MATTER OF THE GUARDIANSHIP OF THE PERSON AND ESTATE OF MARIA G. ENRIQUEZ, A PERSON OF DIMINISHED CAPACITY

. §

§

§

§

§

§ No. 08

- 1 3

- 00 360

- C V

Appeal from the

Probate Court No. 2

of El Paso County, Texas

(TC# 2013

- CGD00814 )

MEMO RANDUM OPINION

This appeal is before the Court on its own motion to determine whether it should be

dismissed for want of prosecution. Finding that Appellant , Norma J. Enriquez, has not filed a

brief or a motion for extension of time to file her brief, we dismiss the app eal.

This Court possesses the authority to dismiss an appeal for want of prosecution when the

Appellant has failed to file his brief in the time prescribed, and gives no reasonable explanation

for such failure. T EX .R.A PP .P. 38.8(a)(1); Elizondo v. City of San Antonio , 975 S.W.2d 61, 63

(Tex.App.

-- San Antonio 1998, no pet.). On April 10 , 2014, we notified Appellant that her brief

was past due and no motion for extension of time to file a brief had been received. The letter

also informed her of the Court’s intent to dismiss the appeal for want of prosecution unless,

within ten days of the notice, she responded showing grounds to continue the appeal. Appellant- 2

-

has not filed a response. Accordingly, we dismiss the appeal for want of prosecution.

T EX .R.A PP .P. 38.8(a)(1), 42.3(b).

GUADALUPE RIVERA, Justice May 14, 2014

Before McClure, C.J., Rivera, and Rodriguez, JJ.
#### UNITED STATES of America, Plaintiff-Appellee v. Ruben Dario MUNOZ-PACHECO, also known as Ruben Munoz Pacheco, Defendant-Appellant.

No. 12-50240

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 17, 2012.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

*318Philip J. Lynch, Donna F. Coltharp, Assistant Federal Public Defenders, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.

Before DAVIS, OWEN, and HIGGINSON, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Ruben Dario Munoz-Pacheco has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Munoz-Pacheco has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 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.
I 

108TH CONGRESS 

1ST SESSION H. R. 721

To amend title XVIII of the Social Security Act to provide for coverage 

under the Medicare Program of cholesterol and other blood lipid screening tests. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 12, 2003

Mr. CAMP (for himself, Mr. JEFFERSON, Mr. SHIMKUS, Mr. MCNULTY, Mr. 

MCGOVERN, Mr. TOWNS, Mr. FROST, Mr. EHLERS, Mr. MCDERMOTT, 

and Ms. ROS-LEHTINEN) introduced the following bill; which was referred 

to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL

To amend title XVIII of the Social Security Act to provide 

for coverage under the Medicare Program of cholesterol 

and other blood lipid screening tests.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicare Cholesterol 

5 Screening Coverage Act of 2003’’. 
2

•HR 721 IH 

1 SEC. 2. MEDICARE COVERAGE OF CHOLESTEROL AND 

2 BLOOD LIPID SCREENING. 

3 (a) COVERAGE.—Section 1861(s)(2) of the Social Se4 curity Act (42 U.S.C. 1395x(s)(2)) is amended—

5 (1) in subparagraph (U), by striking ‘‘and’’ at 

6 the end; 

7 (2) in subparagraph (V)(iii), by inserting ‘‘and’’ 

8 at the end; and 

9 (3) by adding at the end the following new sub10 paragraph: 

11 ‘‘(W) cholesterol and other blood lipid screening 

12 tests (as defined in subsection (ww)(1));’’. 

13 (b) SERVICES DESCRIBED.—Section 1861 of such 

14 Act (42 U.S.C. 1395x) is amended by adding at the end 

15 the following new subsection: 

16 ‘‘Cholesterol and Other Blood Lipid Screening Tests 

17 ‘‘(ww)(1) The term ‘cholesterol and other blood lipid 

18 screening tests’ means diagnostic testing of cholesterol 

19 and other lipid levels of the blood for the purpose of early 

20 detection of abnormal cholesterol and other lipid levels. 

21 ‘‘(2) The Secretary shall establish standards, in con22 sultation with appropriate organizations, regarding the 

23 frequency and type of cardiovascular screening tests, ex24 cept that such frequency may not be more often than once 

25 every 2 years.’’. 
3

•HR 721 IH 

1 (c) FREQUENCY.—Section 1862(a)(1) of such Act 

2 (42 U.S.C. 1395y(a)(1)) is amended—

3 (1) by striking ‘‘and’’ at the end of subpara4 graph (H); 

5 (2) by striking the semicolon at the end of sub6 paragraph (I) and inserting ‘‘, and’’; and 

7 (3) by adding at the end the following new sub8 paragraph: 

9 ‘‘(J) in the case of a cholesterol and other blood 

10 lipid screening tests (as defined in section 

11 1861(ww)(1)), which is performed more frequently 

12 than is covered under section 1861(ww)(2).’’. 

13 (d) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to tests furnished on or after Janu15 ary 1, 2004.

Æ
May 2 8 , 2015



### JUDGMENT


## The Fourteenth Court of Appeals

CITY OF BRAZORIA, TE XAS , Appellant

NO. 14

- 14

- 00322

- CV V.

WALTER ELLIS, INDIVI DUALLY AND AS NEXT FRIEND OF CHRISTIAN
ELLIS AND MAKAYLA EL LIS, MINORS , Appellee

________________________________ This cause, an appeal from an order denying appellant, City of Brazoria’s plea to the jurisdiction , signe d March 31, 2014, was heard on the transcript of the

r ecord. We have inspected the record and hold the trial court did not err when it denied the plea to the jurisdiction . We AFFIRM the order of the court below and remand this case to the trial court for further proceedings consistent with this opinion

.

We o rder appellant, City of Brazoria, Texas, to pay all costs incurred in this appeal.

We further order this decision certified below for observance.
EX-10.9



 Exhibit 10.9 
 Summary of Non-Employee Director Compensation 
 The director compensation plan, as last amended in
December 2012, provides that each non-employee director shall receive a cash retainer in the amount of $6,000 per month ($72,000 per year) in lieu of all other non-employee director fees and an annual grant of time/service based restricted stock
valued at $100,000 on the grant date and vesting ratably in one-third increments starting on the first anniversary of the grant date.
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 of
ZIOPHARM Oncology, Inc. (the Company) on Form 10-K/A for the year ended December 31, 2012, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jonathan Lewis, Principal 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:



| | (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/ Jonathan Lewis                     
|Jonathan Lewis, Chief Executive Officer
|(Principal Executive Officer)          
|June 28, 2013