alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CIRCUIT COURT OF THE CITY OF FREDERICKSBURG

#### Myles Stempin v. Virginia Employment Commission and Rappahannock Area Development Commission

October 26, 2001

Case No. CL01-67

BY JUDGE JOHN W. SCOTT, JR.

This matter came before the Court for oral argument on September 26, 2001. Mr. Myles Stempin, hereinafter referred to as the “Petitioner” has appealed the decision of the Virginia Employment Commission, hereinafter referred to as the “Commission” that he was not eligible for unemployment benefits for the period between June 11 and June 24,2000, because he was not “unemployed” during this period. Upon a consideration of the administrative record, the pleadings in this case and die arguments of counsel, this Court rules as follows.

The Petitioner and the employer, Rappahannock Area Development, entered into a written “termination of employment agreement” dated April 26, 2000. The agreement did not allocate severance pay to any particular period of time. The Petitioner ended his employment with Rappahannock Area Development on May 31,2000.

Both parties agree that the Court’s decision is based on an interpretation of § 60.2-229(A), Code of Va. (1950, as amended). This Section states in pertinent part:

> [Severance pay paid at the time of, or subsequent to, separation ftom employment shall be allocated to the last day of work unless otherwise allocated by the employer.

*109In this case, the written agreement between the Petitioner and the employer did not allocate die severance pay to a particular time. The Commission argues that the severance pay is allocated at the time it is paid by the employer, which may occur after the filing of a claim for benefits with the Commission. The Petitioner argues that giving filis flexibility to the employer is extremely prejudicial to persons in the same situation as the Petitioner and would allow the employer to completely ignore the allocation of severance pay during negotiations with an employee, which would be tantamount to civil fraud.

The Court of Appeals of Virginia has held that the Employment Commission’s interpretation of applicable statutes should be given “great weight.” *Shifflett*v. *Virginia Employment Commission,*14 Va. App. 96 (1992). In filis case, the Commission’s interpretation of the Statute is reasonable and supported by the administrative record. This Court recognizes that it is obligated to presume that the actions of the administrative agency are correct. The Petitioner has received, based on the allocation of severance by the employer, compensation at a rate much higher than the statutory minimum. The facts of this case do not support an allegation of actual or constructive fraud.

While there may be circumstances which may justify the concerns expressed by the Petitioner, those circumstances do not exist in this case. Given the fact that the Court is limited in its interpretation of the Statute to the facts in this administrative record, the Court finds that the decision of the Commission is affirmed.
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 37804

STATE OF IDAHO ,

Plaintiff-Respondent ,

v.

ROBERT W. HAMPTON ,

Defendant-Appellant

. ) ) ) ) ) ) ) ) ) ) 2011 Unpublished Opin ion No. 358

Filed: February 11, 2011

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, S tate of Idaho,
Jerome County. Hon. John K. Butler , District Judge.

Judgment of conviction and unified sentence of thirty years, with a minimum period of confinement of fifteen ye ars , for lewd conduct with a minor under sixteen and concurrent unified sentence of twenty

- five years, with a minimum period of confinement of fifteen years, for sexual abuse of a minor under sixteen, affirmed

.

Molly J. Huskey, State Appellate Public Defender; Eric D. Fredericksen , Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming , Deputy Attorney General, Boise, for respondent.

______________________________________________
Before GRATTON, Chief Judge; LANSING, Judge; and MELANSON, Judge

PER CURIAM

Robert W. Hampton pled guilty to one count of lewd conduct with a minor under sixteen

, I.C. § 18

- 1508 , and one count of sexual abuse of a minor under sixteen, I.C. § 18

- 1506

. In
exchange for his guilty pleas, additional charges were dismissed. The district court sentenced

Hampton to a unified term of thirty years, with a minimum period of confinement of fifteen

years , for lewd conduct with a minor under sixteen and a concurrent unified term o f twenty

- five

years, with a minimum period of confinement of fifteen years, for sexual abuse of a minor under

sixteen

. Hampton appeals.2 Sentencing is a matter for the trial court ’ s discretion. Both our standard of review and the

factors to be considered in evaluating the reasonableness of the sentence are well established and

need not be repeated here. See State v. Hernandez , 121 Idaho 114, 117

- 18, 822 P.2d 1011, 1014

- 15 (Ct. App. 1991); State v. Lopez , 106 Idaho 447, 449

- 51, 680 P.2d 869, 871

- 73 (Ct. App.

1984); State v. Toohill , 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver , 144 Idaho

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record

in this case, we cannot say that the district court abused its discretion.

Therefore, Hampton ’s judgment of conviction and sentence s are affirmed.
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 19-0247

STATE OF MONTANA,

Plaintiff and Appellee,

v.

ROBERT MATHEW HOLGUIN, JR.,

Defendant and Appellant.

GRANT

Pursuant to authority granted under Mont. R. App. P. 26(1), the 

Appellant is given an extension of time until October 30, 2020 to 

prepare, file, and serve the Appellant’s opening brief. 

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

September 23 2020

09/23/2020

Case Number: DA 19-0247
| (logo) WELLS FARGO | **Commercial Mortgage  Servicing**D1050-084, 8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334 |
|--------------------|------------------------------------------------------------------------------------------------------------------|

 

 

**ANNUAL STATEMENT OFCOMPLIANCE**

 

Reference is hereby made tothat certain Pooling and Servicing Agreement dated as of May 1, 2013, by andamong GS Mortgage Securities Corporation II, as Depositor, Wells Fargo Bank,National Association, as Master Servicer and Certificate Administrator, RialtoCapital Advisors, LLC, as Special Servicer, Situs Holdings, LLC, as OperatingAdvisor and Deutsche Bank Trust Company Americas as Trustee, with respect toCommercial Mortgage Pass-Through GSMS Certificates Series 2013-GCJ12 (the"Agreement"). Capitalized terms used herein not otherwise definedshall have the meanings assigned in the Agreement.

 

Pursuant to Section 10.07 ofthis Agreement, I, Daniel Bober, Executive Vice President of CommercialMortgage Services do hereby certify that:

 

1.            A review of the activities of the Master Servicer during the period fromJanuary 1, 2016 through December 31, 2016 (the “Reporting Period”),and of its performance per the Agreement during such period has been made undermy supervision, and

 

2.            To the best of my knowledge, based on such review, the Master Servicer hasfulfilled all of its obligations under the Agreement in all material respectsthroughout the Reporting Period.

 

 

IN WITNESS WHEREOF, theundersigned has executed this Certificate as of the 28th day of February 2017.

 

Daniel Bober

Executive Vice President

Wells Fargo Bank

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll go far |
|------------------------|------------------------------------|
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
FINANCIAL  STATEMENTS  IN ORTHOLOGIC  CORPORATION'S  REPORT ON FORM 10-Q FOR THE
QUARTER  ENDED MARCH 31, 2000 AND IS  QUALIFIED  IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<EXCHANGE-RATE>                                      1
<CASH>                                       7,053,475
<SECURITIES>                                         0
<RECEIVABLES>                               44,539,527
<ALLOWANCES>                                13,712,087
<INVENTORY>                                  8,944,101
<CURRENT-ASSETS>                            50,589,164
<PP&E>                                      27,767,907
<DEPRECIATION>                              14,944,716
<TOTAL-ASSETS>                              92,302,248
<CURRENT-LIABILITIES>                        8,228,944
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  4,720,000
<COMMON>                                        14,905
<OTHER-SE>                                  79,338,399
<TOTAL-LIABILITY-AND-EQUITY>                92,302,248
<SALES>                                      6,874,829
<TOTAL-REVENUES>                            22,575,630
<CGS>                                        4,808,213
<TOTAL-COSTS>                               16,937,045
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              44,498
<INCOME-PRETAX>                                785,874
<INCOME-TAX>                                    90,521
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   695,353
<EPS-BASIC>                                        .02
<EPS-DILUTED>                                      .02


</TABLE>
**Exhibit 31.2**
**CERTIFICATION**
I, Terry C. Black, Chief Financial Officer, DATATRAK International, Inc., certify that:
1.  I have reviewed this quarterly report on Form 10-Q of DATATRAK International, Inc.; 2.  Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3.  Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4.  The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
 (a)  Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  (b)  Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  (c)  Disclosed in this report any change in the registrant’s internal control overfinancial 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 hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and
5.  The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions):
 (a)  All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and  (b)  Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.
Date: May 13, 2005        /s/ Terry C. Black       Terry C. Black,   Vice President of Finance, Chief   Financial Officer, Treasurer and   Assistant Secretary
U.S. BUREAU OF LABOR STATISTICS COMPENSATION AND WORKING CONDITIONS

Page 1

Industries with 10 or More Major Work Stoppages for the Period 1993-2003

by Antonio Lombardozzi

Bureau of Labor Statistics

Originally Posted: October 27, 2004

• There were 330 major work stoppages in effect in the United States from 1993 to 2003.1

• During this period, an average of roughly 30 work stoppages occurred per year, including a high of 45 in 1994 and a

low of 14 in 2003. • The manufacturing industry experienced the most major work stoppages, with 119 over the period. • Within manufacturing, there were 46 major work stoppages in transportation equipment manufacturing and 17 in

machinery manufacturing.2

The major work stoppages series, which dates back to 1947, covers both worker-initiated strikes and employer-initiated

lockouts involving 1,000 or more workers and lasting for at least one shift.

Antonio Lombardozzi

Economist, Office of Prices and Living Conditions, Bureau of Labor Statistics.

Telephone: (202) 691-7895; E-mail: Lombardozzi.Antonio@bls.gov

Notes

1 The total of 330 work stoppages in effect is reached by starting with the 329 major work stoppages that began during the 1993-2003 period

and adding 1 major work stoppage that was carried over from 1992 into 1993.

2 Industry classifications used in the chart are based on the North American Industry Classification System (NAICS). For more information, see 

North American Industry Classification System: United States, 2002 (Office of Management and Budget, 2002); or visit the BLS NAICS page at

http://www.bls.gov/bls/naics.htm.
U.S. BUREAU OF LABOR STATISTICS COMPENSATION AND WORKING CONDITIONS

Page 2

Industries with 10 or More Major Work Stoppages for the Period 1993–2003

Public

Administration

Retail

Trade

Transportation/

Warehousing Construction

Health Care/

Social

Assistance

Educational

Services Manufacturing

Number of

work

stoppages

10 18 32 33 33 40 119

U.S. Bureau of Labor Statistics | Division of Information and Marketing Services, PSB Suite 2850, 2 Massachusetts Avenue, NE Washington, DC

20212-0001 | www.bls.gov/OPUB | Telephone: 1-202-691-5200 | Contact Us
<PAGE>





                                                                    Exhibit 99.1


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

                  This Certification is intended to accompany the Quarterly
         Report of Today's Man, Inc. (the "Company") on Form 10-Q for the period
         ended August 3, 2002 as filed with the Securities and Exchange
         Commission on the date hereof (the "Report"), and is given solely for
         the purpose of satisfying the requirements of 18 U.S.C. Section 1350,
         as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

                  To the best of their knowledge, the undersigned, in their
         respective capacities as set forth below, hereby certify 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
                  operation of the Company.


         /s/ Bruce Weitz                             Date: September 17, 2002
         --------------------------------
         Bruce Weitz,
         Chief Executive Officer

         /s/ Frank E. Johnson                        Date: September 17, 2002
         ------------------------------
         Frank E. Johnson,
         Chief Financial Officer
<PAGE>

                                  EXHIBIT 32.2

            SECTION 1350 CERTIFICATION OF THE CHIEF FINANCIAL OFFICER


     In connection with the Quarterly Report on Form 10-Q for the quarterly
period ended May 31, 2005 of Arrow International, Inc., a Pennsylvania
corporation (the "Company"), as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Frederick J. Hirt, the Senior
Vice President of Finance and Chief Financial Officer of the Company, hereby
certify pursuant to 18 U.S.C. ss.1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to my knowledge and based upon a review of the
Report, 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 as of the dates and periods presented as required by
          such Report.

This certification is based upon, among other things, my responsibilities as
Chief Financial Officer of the Company, my own due diligence and representations
made by certain other members of the Company's senior management.


                                 /s/ Frederick J. Hirt
                               -------------------------------------------------
                               Frederick J. Hirt
                               Chief Financial Officer and Senior Vice President
                               of Finance (Principal Financial Officer and Chief
                               Accounting Officer)

                               July 11, 2005


                                       42
EXHIBIT 32

                            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 OrthoLogic Corp. (the "Company
") on Form 10-Q for the period ended June 30, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), each of, Thomas R.
Trotter, Chief Executive Officer of the Company, and Sherry A. Sturman, 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 to the best
of his or her respective 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.

Date: July 25, 2003


/s/ Thomas R. Trotter
----------------------------------
Thomas R. Trotter
President and Chief Executive Officer


/s/ Sherry A. Sturman
----------------------------------
Sherry A. Sturman
Chief Financial Officer

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to OrthoLogic Corp. and will be
retained by OrthoLogic Corp. and furnished to the Securities and Exchange
Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE>        5


<S>                                                            <C>
<PERIOD-TYPE>                                                  9-MOS
<FISCAL-YEAR-END>                                              DEC-31-2000
<PERIOD-END>                                                   SEP-30-2000
<CASH>                                                             633,509
<SECURITIES>                                                       151,314
<RECEIVABLES>                                                    4,800,833
<ALLOWANCES>                                                       136,663
<INVENTORY>                                                      1,972,225
<CURRENT-ASSETS>                                                 8,326,954
<PP&E>                                                           8,990,735
<DEPRECIATION>                                                   1,714,179
<TOTAL-ASSETS>                                                  16,031,358
<CURRENT-LIABILITIES>                                            5,308,037
<BONDS>                                                              2,000
<PREFERRED-MANDATORY>                                                    0
<PREFERRED>                                                        120,588
<COMMON>                                                            81,487
<OTHER-SE>                                                               0
<TOTAL-LIABILITY-AND-EQUITY>                                    16,031,358
<SALES>                                                         18,368,540
<TOTAL-REVENUES>                                                18,368,540
<CGS>                                                           11,444,503
<TOTAL-COSTS>                                                   11,444,503
<OTHER-EXPENSES>                                                         0
<LOSS-PROVISION>                                                         0
<INTEREST-EXPENSE>                                                 648,831
<INCOME-PRETAX>                                                   (674,711)
<INCOME-TAX>                                                             0
<INCOME-CONTINUING>                                               (674,711)
<DISCONTINUED>                                                           0
<EXTRAORDINARY>                                                    568,750
<CHANGES>                                                                0
<NET-INCOME>                                                      (105,961)
<EPS-BASIC>                                                          (0.09)
<EPS-DILUTED>                                                        (0.09)


</TABLE>