alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1



                                                                  EXHIBIT 3.1(b)

                           CERTIFICATE OF AMENDMENT OF
                              AMENDED AND RESTATED
                          CERTIFICATE OF INCORPORATION
                                       OF
                                 METRICOM, INC.

        METRICOM, INC., a corporation organized and existing under the General
Corporation Law of the State of Delaware (the "Corporation"), does hereby
certify that:

        1. The name of the corporation is Metricom, Inc.

        2. The date on which the Restated Certificate of Incorporation was filed
with the Secretary of State of the State of Delaware was November 12, 1999.

        3. The Board of Directors of the Corporation adopted the following
resolutions as required by Section 151 of the General Corporation Law of the
State of Delaware at a meeting duly called and held on February 18, 2000:

        RESOLVED, that upon the effective date of this Amendment of the Restated
Certificate of Incorporation, Paragraph A of Article IV of the Restated
Certificate of Incorporation shall read as follows:

                "A. This Corporation is authorized to issue two classes of stock
        to be designated, respectively, "Common Stock" and "Preferred Stock."
        The total number of shares which the corporation is authorized to issue
        is Five hundred eighty million (580,000,000) shares. Five hundred
        million (500,000,000) shares shall be designated Common Stock, each
        having a par value of one tenth of one cent ($0.001). Eighty million
        (80,000,000) shares shall be Preferred Stock, each having a par value of
        one-tenth of one cent ($0.001)."

        4. Thereafter pursuant to a resolution of the Board of Directors this
Certificate of Amendment was submitted to the stockholders of the corporation
for their approval in accordance with the provisions of Sections 222 and 242 of
the General Corporation Law of the State of Delaware at a meeting duly called
and held on June 26, 2000.

        5. The above Amendment has been duly adopted in accordance with the
provisions of Sections 222 and 242 of the General Corporation Law of the State
of Delaware.

        6. All other provisions of the Restated Certificate of Incorporation
shall remain in full force and effect.


<PAGE>   2


        IN WITNESS WHEREOF, Metricom, Inc. has caused this certificate to be
signed by its President and Chief Executive Officer, Timothy A. Dreisbach, and
attested to by its Secretary, Dale W. Marquart, this 2nd day of August 2000.


                                           METRICOM, INC.



                                           /s/ Timothy A. Dreisbach
                                           -------------------------------------
                                           Timothy A. Dreisbach
                                           President and Chief Executive Officer

ATTEST:



/s. Dale W. Marquart
-----------------------------------
Dale W. Marquart
Secretary






                                       2
|   | (i)    | the Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and |
|--------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                        |
|   | (ii)   | the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Issuer.                                 |

| Dated: November 4, 2010 |                                    |
|-------------------------|-----------------------------------------|
|                    | /s/ Robert L. Kanode                    |
|                    | Robert L. KanodeChief Executive Officer |
Exhibit 99.2


                            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 Infinite Group, Inc. (the "Company")
on Form 10-QSB for the period ending June 30, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Bruce J. Garreau,
Chief 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; and

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


Bruce J. Garreau
Chief Financial Officer
August 16, 2002




                                       20
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING 

MOTION AND, IF FILED, DETERMINED 

 IN THE DISTRICT COURT OF APPEAL 

 OF FLORIDA 

 SECOND DISTRICT 

WHITBURN, LLC, ) 

 ) 

 Appellants, ) 

 ) 

v. ) Case No. 2D14-3384 

 ) 

DEUTSCHE BANK, NATIONAL TRUST ) 

COMPANY, AS TRUSTEE FOR ASSET- ) 

BACKED PASS-THROUGH ) 

CERTIFICATES, SERIES 2004-W3; ) 

ROBERT W. KENKEL A/K/A ROBERT ) 

KENKEL; CANTERBURY LAKES ) 

HOMEOWNERS ASSOCIATION INC; ) 

GTE FEDERAL CREDIT UNION, ) 

 ) 

 Appellees. ) 

 ) 

Opinion filed October 9, 2015. 

Appeal from the Circuit Court for 

Hillsborough County; Perry A. Little, 

Senior Judge. 

Heather A. DeGrave of Walters Levine 

Klingensmith & Thomison, P.A., Tampa, 

for Appellants. 

Jack S. Kallus and Nicole R. Topper of 

Blank Rome, LLP, Ft. Lauderdale, for 

Appellees Deutsche Bank. 

No appearance for remaining appellees. 

PER CURIAM. 
- 2 - 

 To the extent the final judgment on appeal incorporates the trial court's 

oral ruling denying appellant's motion to substitute, it is affirmed without necessity of 

comment. In all other respects, this appeal is dismissed. See Market Tampa 

Investments, LLC v. Stobaugh, No. 14-5126, 2015 WL 5131679, at *1 (Fla. 2d DCA 

Sept. 2, 2015) (dismissing appeal from a final judgment of foreclosure where appellant's 

motion to substitute or intervene was denied in the trial court and affirmed on appeal). 

ALTENBERND, WALLACE, and SALARIO, JJ., Concur.
**Exhibit      32.1**

**Certification**

**Pursuant      to Section 906 of the Sarbanes-Oxley Act of 2002**

**(Subsections      (a) and (b) of Section 1350, Chapter 63 of Title 18, United States      Code)**

|                                        |                                              |                                         |
|---------------------------------------------|---------------------------------------------------|----------------------------------------------|
| Date:              May 10, 2007   | By:                                     | /s/ Harvey              J. Berger, M.D. |
|                                        | Harvey              J. Berger, M.D.               |
|                                        | Chairman              and Chief Executive Officer |

|                                  |                                                                                                                                  |                                       |
|---------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------|
| Date:              May 10, 2007  | By:                                                                                                                         | /s/ Edward              M. Fitzgerald |
|                                  | Edward              M. Fitzgerald                                                                                                     |
|                                  | Senior                Vice President,Finance                  and Corporate Operations, andChief                    Financial Officer |

----
#### UNITED STATES of America, Plaintiff-Appellee, v. Abel DIAZ, Defendant-Appellant.

No. 12-12685

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Dec. 18, 2012.

Wifredo A. Ferrer, Cristina V. Maxwell, Kathleen Mary Salyer, Anne Ruth Schultz, U.S. Attorney’s Office, Miami, FL, Beth Sreenan, U.S. Attorney’s Office, Fort Pierce, FL, for Plaintiff-Appellee.

Christine Carr O’Connor, Michael Caruso, Federal Public Defender, Federal Public Defender’s Office, Miami, FL, for Defendant-Appellant.

Abel Diaz, Inez, KY, pro se.

Before TJOFLAT, WILSON and PRYOR, Circuit Judges.

*949PER CURIAM:

Christine O’Connor, appointed counsel for Abel Diaz in this appeal from a denial of a motion to reduce a sentence pursuant to 18 U.S.C. § 3582, has moved to withdraw from further representation of the appellant and filed a brief pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merits of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and the denial of Diaz’s motion to reduce sentence is AFFIRMED.
#### KLAR v. FIRESTONE TIRE & RUBBER CO.

United States District Court S. D. New York.

Jan. 16, 1953.

Robert Irving Lennox, New York Cify, for plaintiff.

Kenyon & Kenyon, New York City, for defendant.

SUGARMAN, District Judge.

Plaintiff moves under F.R.Civ.P. rule 41(a)(2), 28 U.S.C.A., for leave to discontinue his action against defendant, an Ohio corporation, without prejudice so that he may then commence a new action against defendant in Ohio.

The action is based on an alleged written agreement for payment of royalties on his unpatented invention, a “blow out proof” automobile inner tube, and for fraud in the use of disclosures concerning the invention made by plaintiff to defendant

The complaint was filed on October 31, 1952, service was made on November 3, 1952 and an answer was filed on November 21, 1952.

Plaintiff’s desire to discontinue this action and commence anew in Ohio is prompted by his belief that the action on the purported written agreement is barred by the New York statute of limitations but is not so barred in Ohio.

The motion is one addressed to the sound discretion of the Court. Prior to the effective date of the rule a plaintiff often had, under state practice, an absolute right to discontinue his action at late stages of the litigation, even in the midst of trial.

F.R.Civ.P. rule 41 (a) (2) was adopted to put an end to such abusive practices whereby defendants were put to expense by plaintiffs who had no real object in . mind other than such harassment.1

No such abusive intent appears in the instant 'case, and accordingly plaintiff’s motion for voluntary dismissal is granted without prejudice, conditioned upon plaintiff, within twenty days from the entry of an order hereon (1) commencing a new *177action in Ohio, and (2) paying to defendant its taxable costs and disbursements together with an attorney’s fee of $250. Settle order.

1

. Moore’s Eed.Prac., 2nd Ed., Yol. 5, par. 41.05, p. 1018, et seq.
Exhibit
      32.1








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


**(Adopted
      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)**








In
      connection with the Quarterly Report on Form 10-Q of Stratus Properties Inc.
      (the “Company”) for the quarter ending June 30, 2005, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), William H.
      Armstrong III, as Chairman of the Board, President and Chief Executive Officer
      of the Company, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted
      pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of 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 Company.





Dated:
      August 12, 2005








/s/
      William H. Armstrong


William
      H. Armstrong III


Chairman
      of the Board, President and


Chief
      Executive 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.





This
      certification shall not be deemed filed by the Company for purposes of § 18 of
      the Securities Exchange Act of 1934, as amended.
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 Soyo Group, Inc. (the "Company") on Form
10-K for the period  ended  December 31, 2006 as filed with the  Securities  and
Exchange  Commission on the date hereof (the "Report"),  the undersigned,  Nancy
Chu, Chief  Financial  Officer of the Company  certifies,  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  13a-14(b) or
15d-14(b) 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.


 /s/ Nancy Chu
-----------------------
Nancy Chu
Chief Financial Officer
March 31, 2007
exv10w18





EXHIBIT 10.18




AMENDMENT TO THE

MOVE, INC. 2002 STOCK INCENTIVE PLAN

(F/K/A HOMESTORE.COM, INC. 2002 STOCK INCENTIVE PLAN)




     THIS AMENDMENT (this “Amendment”) to the Move, Inc. 2002 Stock Incentive Plan (f/k/a
Homestore.com, Inc. 2002 Stock Incentive Plan) is made this 10th day of December, 2008.



     1. The Plan is hereby amended by deleting the first sentence of Section 5.4 and replacing it
with the following:



     “5.4 Exercise Price. The Exercise Price of an Option will be determined by the
Committee when the Option is granted and may not be less than 100% of the Fair market Value of the
Shares on the date of grant.”



     2. The Plan is hereby amended by adding a new Section 22 to read as follows:



     “22. SPECIAL PROVISIONS RELATED TO SECTION 409A OF THE CODE.



     (a) General. It is intended that the payments and benefits provided under the Plan and
any Option shall be exempt from the application of the requirements of Section 409A of the
Code. The Plan and all Stock Option Agreements shall be construed in a manner that effects such
intent. Nevertheless, the tax treatment of the benefits provided under the Plan or any Option is
not warranted or guaranteed. Neither the Company, its affiliates nor their respective directors,
officers, employees or advisers shall be held liable for any taxes, interest, penalties or other
monetary amounts owed by any Participant or other taxpayer as a result of the Plan or any Option.



     (e) Grants to Employees of Affiliates. Eligible Participants who are service providers to an
affiliate may be granted Options under this Plan only if the affiliate qualifies as an “eligible
issuer of service recipient stock” within the meaning of §1.409A-1(b)(5)(iii)(E) of the final
regulations under Section 409A of the Code.



     (f) Design Limits on Options. Notwithstanding anything in this Plan or any Stock Option
Agreement, no Option granted under this Plan shall have any feature for the deferral of
compensation other than the deferral of recognition of income until the exercise or disposition of
the Option.



     (g) Anti-Dilution Adjustments. Notwithstanding any anti-dilution provision in the
Plan, the Committee shall not make any adjustments to outstanding Options that would constitute a
modification or substitution of the stock right under Treas. Reg. Sections 1.409A-1(b)(5)(v) that
would be treated as the grant of a new stock right or change in the form of payment for purposes of
Code Section 409A.”



 









 





     3. Except as expressly amended hereby, the terms of the Plan, as previously amended, shall be
and remain unchanged and the Plan as amended hereby shall remain in full force and effect.



     IN WITNESS WHEREOF, the Company has caused this Amendment to be executed by its duly
authorized representative on the day and year first above written.



	 	 	 	 	 	 	 
	 	 	Move, Inc.	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ James S. Caulfield
 

James S. Caulfield

Executive Vice President, General Counsel &

Secretary
	 	 







2
H. Res. 206

In the House of Representatives, U.S.,

April 30, 2003.

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule

XVIII, declare the House resolved into the Committee of the

Whole House on the state of the Union for consideration of

the bill (H.R. 1350) to reauthorize the Individuals with Disabilities Education Act, and for other purposes. The first

reading of the bill shall be dispensed with. All points of order

against consideration of the bill are waived. General debate

shall be confined to the bill and shall not exceed one hour

equally divided and controlled by the chairman and ranking

minority member of the Committee on Education and the

Workforce. After general debate the bill shall be considered

for amendment under the five-minute rule. It shall be in

order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature

of a substitute recommended by the Committee on Education

and the Workforce now printed in the bill. The committee

amendment in the nature of a substitute shall be considered
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Heart, Lung, and Blood Institute Special Emphasis Panel; NHLBI Proteomic Centers.                    

*Date:*                         September 24-25, 2009.                    

*Time:*                         8 a.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate contract proposals.                    

*Place:*                         Sheraton Columbia Town Center Hotel, 10207 Wincopin Circle, Columbia, MD 21044.                    

*Contact Person:*                         Katherine M Malinda, PhD, Scientific Review Officer, Review Branch/DERA, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7198, Bethesda, MD 20892-7924, 301-435-0297,                         *malindakm@nhlbi.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)

Dated: July 20, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-17736 Filed 7-23-09; 8:45 am]

BILLING CODE 4140-01-P
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 985 Enrolled Bill (ENR)]

        H.R.985

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three

                                 An Act

 
To designate the facility of the United States Postal Service located at 
 111 West Washington Street in Bowling Green, Ohio, as the ``Delbert L. 
                      Latta Post Office Building''.

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 111 
West Washington Street in Bowling Green, Ohio, shall be known and 
designated as the ``Delbert L. Latta Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Delbert L. Latta Post Office 
Building''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```