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

                                                                    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 Delphi Financial Group, Inc. (the
"Company") on Form 10-K for the year ending December 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned officers 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 results of operations
            of the Company.

/s/ ROBERT ROSENKRANZ
----------------------------------

Robert Rosenkranz
Chairman of the Board, President and Chief Executive Officer

/s/  THOMAS W. BURGHART
----------------------------------

Thomas W. Burghart
Vice President and Treasurer

November 5, 2004
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-6272

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BRUCE LEE JOHNSON,

Defendant - Appellant.

Appeal from the United States District Court for the District of 

South Carolina, at Florence. C. Weston Houck, Senior District 

Judge. (4:02-cr-00579-CWH-2)

Submitted: April 22, 2010 Decided: April 28, 2010

Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Bruce Lee Johnson, Appellant Pro Se. William E. Day, II, Rose 

Mary Sheppard Parham, Assistant United States Attorneys, 

Florence, South Carolina, for Appellee. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Bruce Lee Johnson appeals the district court’s order 

denying his motion under Fed. R. Civ. P. 60(b)(4) to set aside 

his conviction on the ground that the criminal judgment against 

him is void. We have reviewed the record and find no reversible 

error. Accordingly, we affirm for the reasons stated by the 

district court. United States v. Johnson, No. 

4:02-cr-00579-CWH-2 (D.S.C. Feb. 1, 2010). We dispense with 

oral argument because the facts and legal contentions are 

adequately presented in the materials before the court and 

argument would not aid the decisional process.

AFFIRMED
**Exhibit 31.1**

**CERTIFICATION**

I, Larry G. Gerdes, certify that: 

1. I have reviewed this Annual Report on Form 10-K of Transcend Services, Inc. for the year ended December 31, 2005; 

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 statementswere made, not misleading with respect to the period covered by this report; 

3. Based on my knowledge, the financial statements, and other financialinformation 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 report; 

4. The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in ExchangeAct Rules 13a-15(e) and 15d-15(e)) for the registrant and we have: 

a) designed such disclosure controls and procedures, or causedsuch 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, particularlyduring the period in which this annual report is being prepared; 

b) [Paragraph omitted pursuant to SEC Release Nos. 33-8238 and34-47986]; 

c) evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report ourconclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this annual report based on such evaluation; and 

d) disclosed in this report any change in the registrant’s internal controls over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board of directors (or persons performing the equivalent function): 

a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarizeand report financial information; and 

b) any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting. 

Date: March 1, 2006
**Exhibit      32.1**

**Certification      Under Section 906 of the Sarbanes-Oxley Act of      2002**

| Date:              November              19, 2007 |   |   |                                                                                                                        |
|---------------------------------------------------|--------|--------|-----------------------------------------------------------------------------------------------------------------------------|
|                                              |   |   | /s/ Douglas              DeLuca                                                                                        |
|                                                   |   |   | **Douglas                DeLuca****Chief                Executive Officer****(Principal                Executive Officer)** |

|   |   |   | /s/ Edward              Hanson                                                                                         |
|--------|--------|--------|-----------------------------------------------------------------------------------------------------------------------------|
|        |   |   | **Edward                Hanson****Chief                Financial Officer****(Principal                Accounting Officer)** |

----
[955 NYS2d 464]

#### Chama Holding Corp., Appellant, v James Taylor, Respondent.

Supreme Court, Appellate Term, First Department,

September 11, 2012

*71APPEARANCES OF COUNSEL

*Borah, Goldstein, Altschuler, Nahins & Goidel, P.C.,*New York City *(David B. Rosenbaum*of counsel), for appellant. *Northern Manhattan Improvement Corp. Legal Services,*New York City *(Rodrigo Sanchez-Camus*of counsel), for respondent.

OPINION OF THE COURT

Per Curiam.

Order, dated October 12, 2011, affirmed, with $10 costs.

We agree that landlord’s summary judgment evidence failed to establish, prima facie, a pattern of unjustified rent defaults on the tenant’s part sufficient to constitute a violation of a substantial obligation of the tenancy *(see*Rent Stabilization Code [9 NYCRR] § 2524.3 [a]). While the record demonstrates that tenant’s rent defaults led to the commencement of four nonpayment proceedings between October 2007 and June 2010, two of those proceedings were shown to have arisen from legitimate disputes as to the propriety of the monthly rent sought by landlord and the existence of rent-impairing conditions in the apartment. Each of those two proceedings yielded settlement stipulations awarding landlord rent in amounts substantially less than that sought in the underlying petitions, with the stipulation settling the second matter requiring landlord to attend to specified repairs. The bona fide claims raised by tenant in the two contested nonpayment proceedings as to the rental amounts demanded and/or the habitability of the apartment premises, precipitating the withholding of rent, preclude an eviction remedy based upon chronic nonpayment *(see Hudson St. Equities v Circhi,*9 Misc 3d 138[A], 2005 NY Slip Op 51764[U] [App Term, 1st Dept 2005]). Nor, on this record, was such an eviction remedy triggered by the two remaining nonpayment proceedings, instituted, respectively, in October 2007 and January 2008, more than 3V2 years prior to service of the within holdover petition *(cf. Greene v Stone,*160 AD2d 367 [1990]).

In deciding this appeal, we do not consider the three nonpayment proceedings said to have been commenced by landlord in 1994 and 1995 — the “Early Proceedings” as landlord presently describes them — the “exact details” of which, landlord now *72concedes, are unknown. Nor do we consider the nonpayment proceeding ostensibly commenced by landlord in August 2009, there being no showing that service of the underlying petition was properly effectuated upon tenant or that the case was pursued by landlord.

Lowe, III, EJ., Schoenfeld and Hunter, Jr., JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<EXCHANGE-RATE>                                      1
<CASH>                                         184,036
<SECURITIES>                                         0
<RECEIVABLES>                                  300,204
<ALLOWANCES>                                  (32,922)
<INVENTORY>                                     11,883
<CURRENT-ASSETS>                                22,279
<PP&E>                                       1,421,577
<DEPRECIATION>                               (130,303)
<TOTAL-ASSETS>                               3,237,656
<CURRENT-LIABILITIES>                        1,303,894
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  5,000,002
<COMMON>                                        11,856
<OTHER-SE>                                 (3,340,471)
<TOTAL-LIABILITY-AND-EQUITY>                 3,237,656
<SALES>                                        296,159
<TOTAL-REVENUES>                               296,159
<CGS>                                          118,694
<TOTAL-COSTS>                                5,709,523
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,215
<INCOME-PRETAX>                            (5,414,579)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (5,414,579)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,414,579)
<EPS-BASIC>                                      (.46)
<EPS-DILUTED>                                    (.46)


</TABLE>
Exhibit 11

                       COMPUTATION OF NET INCOME PER SHARE
                  FOR THREE MONTHS ENDED JUNE 30, 2003 AND 2002
                                   (Unaudited)
                        (In thousands, except share data)

                                                      Three Months Ended
                                                            June 30,
                                                  -----------------------------
                                                      2003              2002
                                                  -----------       -----------
Earnings per common share - basic
Net income                                        $     1,087       $       874
Preferred dividends                                       (49)              (49)
                                                  -----------       -----------
Net income - basic                                $     1,038       $       825
                                                  -----------       -----------

Weighted average common shares
      outstanding - basic                           2,288,915         2,286,733
                                                  -----------       -----------

Earning per common share - basic                  $      0.45       $      0.36
                                                  ===========       ===========

Earnings per common share - diluted
Net income - basic                                $     1,038       $       825
Impact of potential conversion of
     convertible preferred stock
      to common stock                                      49                49
                                                  -----------       -----------
Net income- diluted                               $     1,087       $       874
                                                  ===========       ===========

Weighted average common shares
      outstanding - basic                           2,288,915         2,286,733
Effect of dilutive securities - convertible
      preferred stock                                 208,333           208,333
Effect of dilutive securities - options                63,094            32,751
                                                  -----------       -----------
Weighted average shares
      outstanding - diluted                         2,560,342         2,527,817
                                                  ===========       ===========

Earning per common share-diluted                  $      0.42       $      0.35
                                                  ===========       ===========


                                       20
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

May 30, 2007 Clifford W. Taylor,
Chief Justice

133282 Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. WALTER HARRIS, Stephen J. Markman, Plaintiff-Appellee, Justices

v SC: 133282 COA: 263172 Wayne CC: 03-337670-NZ JERRY A. OLIVER, SR., MAYOR OF DETROIT, and CITY OF DETROIT, Defendants-Appellants.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the November 16, 2006 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented s hould be reviewed by this Court.

s0521 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

May 30, 2007

Clerk
<PAGE>
 
                                                                    EXHIBIT 23.1


              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS
              ---------------------------------------------------



Vitafort International Corporation
Los Angeles, California


We consent to the incorporation by reference in the Registration Statement on 
Form S-8 No. 33-300435, No. 33-307989, No. 33-317763, No. 33-331479, No. 
33-335067 and No. 333-56043 of Vitafort International Corporation of our report 
dated April 15, 1999 relating to the consolidated balance sheet of Vitafort 
International Corporation and subsidiaries as of December 31, 1998, and the 
related consolidated statements of operations, stockholders' equity (deficit), 
and cash flows for the year then ended, which report appears in the December 31,
1998, annual report on Form 10-KSB of Vitafort International Corporation and 
Subsidiaries.



                                        BDO Seidman, LLP

Los Angeles, California
April 15, 1999
EXECUTIVE BRANCH 11

Location Position Title Name of Incumbent

Pay

Plan

Type 

of

Appt.

Level,

Grade, or

Pay

Tenure Expires

EXECUTIVE OFFICE OF THE PRESIDENT - Continued

Washington, DC Special Assistant for Policy and Elizabeth M. Gore

Legislation

GS SC 15 ...... ......

 Do........... Public Affairs Officer Kristen Triggs GS SC 14 ...... ......

 Do........... Legislative Assistant Nancy Brandel GS SC 11 ...... ......

 Do........... Legislative Analyst Brooke B. Livingston GS SC 7 ...... ......

 Do........... Public Affairs Specialist Daniel R. Wilson GS SC 7 ...... ......

 Do........... Administrator, Office of Federal Vacant

Procurement Policy

EX PAS III ...... ......

 Do........... Administrator, Office of John Spotila

Information & Regulatory 

Affairs

EX PAS III ...... ......

 Do........... Deputy Administrator Career Incumbent ES CA ...... ...... ......

 Do........... Privacy Policy Coordinator Peter P. Swire ES TA ...... ...... 03/24/01

 Do........... Confidential Assistant to the Phyllis Kaiser-Dark

Administrator

GS SC 11 ...... ......

 Do........... Special Asistant Rosemary S. Evans GS SC 14 ...... ......

 Do........... Associate Director for National Robert Kyle

Security & International Affairs

ES NA ...... ...... ......

 Do........... Confidential Assistant Andrea Hopewell GS SC 10 ...... ......

 Do........... Deputy Assistant to the President Barbara Chow

for Domestic Policy and 

Associate Director for Education, 

Income Maintenance & Labor

ES NA ...... ...... ......

 Do........... Associate Director for General Michael D. Deich

Government & Finance

ES NA ...... ...... ......

 Do........... Associate Director for Natural Wesley P. Warren

Resources, Energy & Science

ES NA ...... ...... ......

 Do........... Associate Director for Health Jeanne M. Lambrew

and Personnel

ES NA ...... ...... ......

 Do........... Confidential Assistant Jennifer Ferguson GS SC 10 ...... ......

COUNCIL OF ECONOMIC 

ADVISORS

 Do........... Chairman Martin N. Baily EX PAS II ...... ......

 Do........... Member Robert Z. Lawrence EX PAS IV ...... ......

 Do........... Member Kathryn Lee Shaw EX PAS IV ...... ......

 Do........... Director for Macroeconomic Career Incumbent

Forecasting

ES CA ...... ...... ......

 Do........... Chief of Staff Audrey Choi AD XS ...... ...... ......

 Do........... Confidential Assistant to the Alice H. Williams

Chairman

GS SC 13 ...... ......

 Do........... Confidential Assistant to the Sandra F. Daigle

Chairman

GS SC 12 ...... ......

 Do........... Administrative Operations Lisa D. Branch

Assistant

GS SC 12 ...... ......

 Do........... Administrative Operations Francine P. Obermiller

Assistant

GS SC 12 ...... ......

COUNCIL ON 

ENVIRONMENTAL QUALITY

 Do........... Chairman George T. Frampton EX PAS II ...... ......

 Do........... Member Vacant EX PAS IV ...... ......

 Do........... Member Vacant EX PAS IV ...... ......
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

September 11, 2009 

l0831 

Order 

 

September 11, 2009 

138868 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 138868 

 COA: 290161 

Wexford CC: 08-008760-FH 

JAMES DONALD NOWITZKE, 

 Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the March 18, 2009 order 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the question presented should be reviewed by this Court.
exhibit10-82.htm




Exhibit 10.82


 


Letter agreement effective January 1, 2011 between Errol Samuelson and Move, Inc. regarding paid time off


 


MOVE

910 East Hamilton Ave., 6th Floor

Campbell, CA 95008


 


November 17, 2010


 


Dear Errol,


 


Effective January 1, 2011, you and other senior executives reporting directly to the CEO (the “Leadership Team”) will no longer be subject to, or accrue or accumulate paid time off under the vacation, floating holiday and/or paid sick leave policies set forth in the Move Inc. Employee Handbook or in your offer letter or any other documentation with the Company.


 


Rather, members of the Leadership Team will be permitted to take paid time off for vacation and personal matters, subject to business needs, with the approval of the CEO. The primary limitations on permitting the taking of vacation or time off for personal matters will be those dictated by your job responsibilities. Accordingly, there will be no prescribed limits on the amount of vacation or personal time, if any, that you may request or be permitted to take in a given year notwithstanding any reference thereto in any offer letter or any other documentation with the Company.


 


In addition, paid time off for occasional, short illnesses will be permitted on an as-needed basis, subject to medical verification if requested by the CEO. Leadership Team members who qualify for and are granted a leave of absence under Move Inc.’s Disability Leave of Absence or Family and Medical Leave of Absence policies will be paid for up to a maximum of ninety (90) days of any such leave taken in any twelve (12)-month rolling period, less any income received from any income replacement benefits or insurance provided pursuant to any applicable law or Company-sponsored insurance or benefit program.


 


Members of the Leadership Team will retain all vacation accrued on or before December 31, 2010. Paid time off taken on or after January 1, 2011 will reduce any such accrued vacation balance. If upon separation from employment, a Leadership Team member has a balance of unused vacation, he or she will be paid out in accordance with the Company’s policies and practices and applicable law.


 


Please indicate you acceptance of these terms by signing below and returning this letter to me.


 


Very truly yours,


 



	       	/s/ Steve Berkowitz	 	 	 
	 	 	 	 
	Steve Berkowitz	 	 	 
	Chief Executive Officer	 	 	 
	 	 	 	 	 
	cc       	Carol Brummer, VP, Human Resources	 	 	 
	 	 	 	 	 	 
	 	Name   	/s/ Errol Samuelson	Date	       Dec. 7, 2010	 
	 	Errol Samuelson
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-7814

MILFORD JUNIOR MASON,

Plaintiff - Appellant,

versus

CARL F. CREEDEN,

Defendant - Appellee.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-96-

3176-L)

Submitted: March 13, 1997 Decided: March 20, 1997

Before HALL, ERVIN, and WILKINS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Milford Junior Mason, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Milford Mason, a Maryland inmate, appeals the district court's

order denying relief on his 42 U.S.C. § 1983 (1994) complaint under

28 U.S.C.A. § 1915(e) (West Supp. Sept. 1996, Pamphlet 3). We have

reviewed the record and the district court's opinion and find that

this appeal is frivolous. Accordingly, we dismiss the appeal on the

reasoning of the district court. Mason v. Creeden, No. CA-96-3176-L

(D. Md. Oct. 23, 1996). Mason's motion for appointment of counsel

is denied. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

DISMISSED