alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 12.1**

**CERTIFICATION PURSUANT TO SECTION 302OF THE SARBANES-OXLEY ACT OF 2002**

I, Andrea Guerra,certify that:

1.             I have reviewed this annual reporton Form 20-F of Luxottica Group S.p.A.;

2.             Based on my knowledge, this reportdoes not contain any untrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

3.             Based on my knowledge, thefinancial statements, and other financial information included in this report,fairly present in all material respects the financial condition, results ofoperations and cash flows of the company as of, and for, the periods presentedin this report;

4.             The company’s other certifyingofficer(s) and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the company and have:

(a)  Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the company, including its consolidated subsidiaries,is made known to us by others within those entities, particularly during theperiod in which this report is being prepared;

(b)  Evaluated theeffectiveness of the company’s disclosure controls and procedures and presentedin this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this reportbased on such evaluation; and

(c)  Disclosed inthis report any change in the company’s internal control over financialreporting that occurred during the period covered by the annual report that hasmaterially affected, or is reasonably likely to materially affect, the company’sinternal control over financial reporting; and

5.             The company’s other certifyingofficer(s) and I have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the company’s auditors and the auditcommittee of the company’s board of directors (or persons performing theequivalent functions):

(a)  All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the company’s ability to record, process, summarize and report financialinformation; and

(b)  Any fraud,whether or not material, that involves management or other employees who have asignificant role in the company’s internal control over financial reporting.
|                                      | By:    | /s/ ANDREA GUERRA       |
|--------------------------------------|--------|-------------------------|
|                                 |   | Andrea Guerra           |
|                                 |   | Chief Executive Officer |
| Dated:  June 28, 2006 |   |                    |

 

----
**COURT OF APPEALS**

**TENTH DISTRICT OF TEXAS**

****

August 6, 2015

No. 10-15-00002-CV

DEVON ENERGY PRODUCTION COMPANY, LP

v.

JOANNE McCARVER AND LANE GARRETT CUSTOM HOMES, INC.

From the County Court at Law No. 2

Johnson County, Texas

Trial Court No. C201400114

**JUDGMENT**

This Court has reviewed the briefs of the parties and the record in this proceeding as relevant to the issues raised.  Because it is the opinion of this Court that there was error in the judgment of the trial court; it is the judgment of this Court that the Permanent Mandatory Injunction signed by the trial court on October 8, 2014 is reversed and judgment is rendered that Joanne McCarver take nothing on her claim of permanent injunction.  

It is further ordered that Devon Energy Production Company, LP is awarded judgment against Joanne McCarver for Devon Energy Production Company, LP’s appellate costs that were paid, if any, by Devon Energy Production Company, LP.

	A copy of this judgment will be certified by the Clerk of this Court and delivered to the trial court clerk for enforcement.

							PER CURIAM****SHARRI ROESSLER, CLERK			

						By: ___________________________

							Nita Whitener, Deputy Clerk

# image1.png

# image2.jpeg

# image3.png
Order entered March 6, 2020

In The 

### Court of Appeals Fifth District of Texas at Dallas No. 05 - 20 - 00098 - CV RYAN GALLAGHER, Appellant

V. COLLIN COUNTY, ET AL ., Appellee s On Appeal from the 416th Ju dicial District Court

Collin County, Texas Trial Court Cause No. 416 - 00049 - 2020

ORDER Before the Court is appellant’s March 3, 2020 motion seeking a “waiver of transcript fees”. Although appellant states in its motion that there is an “affidavit of Indi gency on Record”, the record before this Court does not show that he has complied with rule 145 of the rules of civil procedure. See T EX . R. C IV . P. 145. Accordingly, we DENY appellant’s motion seeking waiver of transcript fees. Also before the Court is appellant’s March 3, 2020 motion seeking an extension of time to file his brief on the merits. Although the appellate record hasnot been filed and is not due until March 23rd, a ppellant filed a brief on February

18th

. Because appellant’s brief is not ye t due, we DENY his extension motion as premature. On the Court’s own motion, w e STRIKE appellant’s brief filed on February 1 8 th. Appellant shall file his brief on the merits WITHIN THIRTY DAYS after the record is complete

. See T EX . R. A PP . P. 38.6(a)(2)

. We caution appellant that his brief must comply with the requirements set forth in rule 38.1 of the rules of appellate procedure. See id . 38.1.

/s/ KEN MOLBERG JUSTICE
UNITED STATES AIR FORCE

COURT OF CRIMINAL APPEALS

________________________

No. ACM S32418

________________________

UNITED STATES

Appellee

v.

Marquell D. ROBINSON

Airman Basic (E-1), U.S. Air Force, Appellant

________________________

Appeal from the United States Air Force Trial Judiciary

Decided 11 August 2017

________________________

Military Judge: James Dorman.

Approved sentence: Bad-conduct discharge, confinement for 10 months,

and forfeiture of $1044.00 pay per month for 10 months. Sentence adjudged 17 March 2016 by SpCM convened at Sheppard Air Force Base, 

Texas. 

For Appellant: Major Jarett Merk, USAF.

For Appellee: Major Meredith L. Steer, USAF; Gerald R. Bruce, Esquire.

Before DREW, MAYBERRY, and DENNIS Appellate Military Judges.

________________________

This is an unpublished opinion and, as such, does not serve as 

precedent under AFCCA Rule of Practice and Procedure 18.4.

________________________

PER CURIAM:

The approved findings and sentence are correct in law and fact, and no 

error materially prejudicial to Appellant’s substantial rights occurred. Articles 59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 

866(c). 
United States v. Robinson, No. ACM S32418

2

Accordingly, the approved findings and sentence are AFFIRMED.

FOR THE COURT

KURT J. BRUBAKER

Clerk of the Court
<PAGE>

                                  EXHIBIT 31.2
                                  CERTIFICATION

I, Jill M. Burke, certify that:

1.    I have reviewed this Form 10-K/A Amendment No. 1 to the annual report on
      Form 10-K of Winton Financial Corporation;

2.    Based on my knowledge, this annual report does not contain any untrue
      statement of a material fact or omit to state a material fact necessary to
      make the statements made, in light of the circumstances under which such
      statements were made, not misleading with respect to the period covered by
      this annual report;

3.    Based on my knowledge, the financial statements, and other financial
      information included in this annual report, fairly present in all material
      respects the financial condition, results of operations and cash flows of
      the registrant as of, and for, the periods presented in this annual
      report;

Date: October 5, 2004             /s/ Jill M. Burke
                                  --------------------------------------------
                                  Jill M. Burke, Chief Financial Officer
**EXHIBIT32.1**

 

**CALIPERLIFE SCIENCES, INC.**

 

**CERTIFICATIONPURSUANT TO**

 

**18U.S.C. SECTION 1350,**

 

**ASADOPTED PURSUANT TO**

 

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Caliper Life Sciences, Inc. (the “Company”) on Form 10-Qfor the quarter ended June 30, 2008 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, E. Kevin Hrusovsky,President and Chief Executive Officer of the Company certify, pursuant to therequirement set forth in Rule 13a-14(b) of the Securities ExchangeAct of 1934, as amended (the “Exchange Act”) and 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, tothe best of my knowledge, that:

 

(1)              TheReport fully complies with the requirements of section 13(a) or 15(d) ofthe Exchange Act; and

 

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

 

 
|                       |   | /s/ E. KEVIN HRUSOVSKY                                                                               |
|----------------------------|--------|------------------------------------------------------------------------------------------------------|
|                       |   |                                                                                                 |
|                       |   | E. Kevin Hrusovsky   President and Chief Executive Officer   (Principal Executive Officer) |
|                       |   |                                                                                                 |
|                       |   |                                                                                                 |
| Date: August 8,  2008 |   |                                                                                                 |

 

----
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                    9-MOS 
<FISCAL-YEAR-END>                       DEC-31-1997
<PERIOD-END>                            SEP-30-1997
<CASH>                                    6,354,100
<SECURITIES>                              3,010,600
<RECEIVABLES>                                     0
<ALLOWANCES>                                      0
<INVENTORY>                                       0
<CURRENT-ASSETS>                          9,412,700
<PP&E>                                      715,300
<DEPRECIATION>                                    0
<TOTAL-ASSETS>                           11,864,800
<CURRENT-LIABILITIES>                     1,254,300
<BONDS>                                           0
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       0
<COMMON>                                     77,200
<OTHER-SE>                               10,504,700
<TOTAL-LIABILITY-AND-EQUITY>             11,864,800
<SALES>                                           0
<TOTAL-REVENUES>                            456,100
<CGS>                                             0
<TOTAL-COSTS>                             2,882,800
<OTHER-EXPENSES>                                  0
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                                0
<INCOME-PRETAX>                          (2,426,700)
<INCOME-TAX>                                      0
<INCOME-CONTINUING>                      (2,426,700)
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                             (2,426,700)
<EPS-PRIMARY>                                 (0.13)
<EPS-DILUTED>                                 (0.13)
        


</TABLE>
<partyblock><br><br><div align="center"><b><font size="+1">XVV, Inc., as Assignee of Jean Ganthier, Respondent, <br><br>against<br><br>Interboro Insurance Company, Appellant.</font></b></div><br><br><p>Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum, Esq.), for appellant.Law Offices Emilia I. Rutigliano, P.C. (Maria Josovich, Esq.), for respondent.</p><p>Appeal from an order of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered December 10, 2014, deemed from a judgment of the same court entered January 13, 2016 (see CPLR 5501 [c]). The judgment, entered pursuant to the December 10, 2014 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $2,076.64.</p><p>ORDERED that the judgment is affirmed, with $25 costs.</p><p>In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint. The appeal is deemed from a judgment entered January 13, 2016 which awarded plaintiff the principal sum of $2,076.64 (<i>see</i> CPLR 5501 [c]).</p><p>Contrary to its arguments on appeal, defendant did not raise a triable issue of fact as to whether it had not received all requested verification and, therefore, it did not demonstrate that this action is premature. Defendant's papers do not make any showing that the specific verification at issue, an affidavit of plaintiff's assignor, had ever been requested from plaintiff.</p><p>Accordingly, the judgment is affirmed.</p><br>PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.<br>ENTER:<br>Paul Kenny<br>Chief Clerk<br>Decision Date: October 27, 2017<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
##### 



EXHIBIT 31.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER OF THE REGISTRANT,
PURSUANT TO 17 CFR 240.13a  14(a) OR 17 CFR 240.15d  14(a) I, Richard K. McClelland, certify that:  1.
    
    I have reviewed this quarterly report on Form 10-K of Dynamex Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue
statements of a material fact or omit to state a material fact
necessary to make the statements made, in light of the circumstances
under which such statements were made, not misleading with respect to
the period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other
financial information included in this report, fairly present in all
material respects the financial condition, results of operations and
cash flows of Dynamex Inc. as of, and for, the periods presented in
this report.4.
    
    The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and
we have:  a.
    
    Designed such 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.
    
    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, andc.
    
    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 that
has materially affected, or is reasonably likely to materially
affect, the registrants internal control over financial
reporting;  5.
    
    The registrants other certifying officer and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of
registrants board of directors;  a.
    
    All significant deficiencies and material weaknesses
in the design or operation of internal controls which could
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 controls over financial reporting. Date: March 8, 2004/s/ RICHARD K. McCLELLANDName:
    Richard K. McClellandTitle:
    President and Chief Executive Officer
I 

112TH CONGRESS 

1ST SESSION H. R. 2933 

To amend title 17, United States Code, to remove the exclusion from Federal 

copyright of sound recordings fixed before February 15, 1972. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2011 

Mr. POLIS introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To amend title 17, United States Code, to remove the exclusion from Federal copyright of sound recordings fixed 

before February 15, 1972. 

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 ‘‘Sound Recording Sim5 plification Act’’. 

6 SEC. 2. REMOVAL OF EXCLUSION. 

7 Section 301 of title 17, United States Code, is 

8 amended— 

9 (1) by striking subsection (c); and 


emcdonald on DSK5VPTVN1PROD with BILLS
2 

•HR 2933 IH

1 (2) by redesignating subsections (d), (e), and 

2 (f) as subsections (c), (d), and (e), respectively. 

Æ 


emcdonald on DSK5VPTVN1PROD with BILLS
**EXHIBIT 32.1**

 

 

**Certification of Principal 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 Annual Report on Form 10-K of Merit Medical Systems, Inc. (the “Company”) for the year ended December 31, 2010, as filed with the Securities and Exchange Commission (the “Report”), I, Fred P. Lampropoulos, Chief 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, to the best of my 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:   March 15, 2011 | /s/   Fred P. Lampropoulos              |
|-----------------------------|-----------------------------------------|
|                        | Fred   P. Lampropoulos                  |
|                        | President   and Chief Executive Officer |
|                        | (principal   executive officer)         |

 

This certification accompanies the foregoing Report pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Registrant for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.  A signed original of this certification 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.

 

----
#### UNITED STATES of America, Plaintiff—Appellee, v. Benito MARCIAL-GONZALEZ, Defendant—Appellant.

No. 07-30118.

United States Court of Appeals, Ninth Circuit.

*71Submitted Dec. 17, 2007 *.

Filed Dec. 21, 2007.

James P. Hagarty, Esq., USYA-Office of the U.S. Attorney, Yakima, WA, for Plaintiff-Appellee.

Kristine K. Olmstead, Esq., FDWAIDFederal Defenders of Eastern Washington & Idaho, Yakima, WA, for Defendant-Appellant.

Before: GOODWIN, REINHARDT and W. FLETCHER, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

We have reviewed the record and the opening brief and conclude that the questions raised in this appeal are so insubstantial as not to require further argument. *See United States v. Hooton,*693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). The United States Supreme Court’s decision in *Almendarez-Torres v. United States,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), applies here and remains binding on this court until the Court overrules it. *See United States v. Weiland,*420 F.3d 1062, 1079-80 n. 16 (9th Cir.2005) (noting that this court remains bound by the Supreme Court’s holding in *Almendarez-Torres*and that a district court may enhance a sentence on the basis of prior convictions, even if the fact of those convictions is not found by a jury beyond a reasonable doubt). Further, where as here, defendant admits to the date of the prior removal and the fact of the prior conviction is readily available from judicially noticeable documents, “[t]he district court [can] ... readily conclude that [defendant] was removed 'subsequent to’ his prior conviction, without making any factual findings not apparent from the face of the conviction documents.” *See United States v. Beltran-Munguia,*489 F.3d 1042, 1052-53 (9th Cir.2007); *United States v. Grisel,*488 F.3d 844, 847 (9th Cir.2007) (en banc).

*72Accordingly, the government’s unopposed motion for summary affirmance of the district court’s judgment is granted.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Exhibit 32.1

Certification of CEO and CFO 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 on Form 10-K of South Hertfordshire United Kingdom Fund, Ltd. (the
"Partnership") for the year ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Robert Mackenzie, as a director for Virgin Media
Directors Limited, the Corporate Director of NTL Fawnspring Limited, the General Partner of the Partnership, and Robert Gale, as a director for Virgin Media Directors Limited, the Corporate Director
of NTL Fawnspring Limited, the General Partner of the Partnership, each hereby 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 his knowledge, that:



By:

/s/ ROBERT MACKENZIEName:

Robert MackenzieTitle:

Director of Virgin Media Directors Limited
Corporate Director of NTL Fawnspring Limited,
the General Partner of South Hertfordshire United Kingdom Fund, Ltd.*Date:

March 17, 2010By:

/s/ ROBERT GALEName:

Robert GaleTitle:

Director of Virgin Media Directors Limited
Corporate Director of NTL Fawnspring Limited,
the General Partner of South Hertfordshire United Kingdom Fund, Ltd.*Date:

March 17, 2010


A
signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Partnership and will be retained by the Partnership
and furnished to the Securities and Exchange Commission or its staff upon request.

This
certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002,
be deemed filed by the Partnership for purposes of Section 18 of the Securities Exchange Act of 1934.

---

---



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