alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 31.1 SECTION 302 CERTIFICATION  I, Douglas K. Beplate, certify that:  1. I have reviewed this quarterly report of Emergency Filtration Products, Inc. for the quarter ended June 30, 2006;  2. Based on my knowledge, this 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 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 the small business issuer as of, and for, the periods presented in this report;  4. The small business issuer=s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have: (a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, 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 small business issuer=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; and (c) disclosed in this report any change in the small business issuer=s internal control over financial reporting that occurred during the small business issuer=s most recent fiscal quarter (the small business issuer=s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer=s internal control over financial reporting; and  5. The small business issuer=s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer=s auditors and the audit committee of the small business issuer=s board of directors (or persons performing the equivalent functions): (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 small business issuer=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 small business issuer=s internal control over financial reporting.  Date: August 14, 2006  /s/Douglas K. Beplate Douglas K. Beplate, Principal Executive Officer
#### Daniel Seller et al., Appellants, v Citimortgage, Inc., Respondent.

[988 NYS2d 32]

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered January 30, 2013, which, to the extent appealed from, granted defendant’s motion to dismiss the cause of action alleging a violation of General Business Law § 349, unanimously affirmed, without costs.

The complaint fails to allege any of the elements of a General Business Law § 349 claim in connection with defendant’s implementation of its private mortgage loan modification program *(see Lucker v Bayside Cemetery,*114 AD3d 162, 174 [1st Dept 2013]). It alleges that defendant told plaintiffs that to qualify for a loan modification they had to be delinquent in their mortgage payments, and instructed them, since they were not at that time delinquent, to make four mortgage payments at a reduced rate. In so advising plaintiffs, defendant was not engaging in the requisite “consumer-oriented conduct” *(id.).*The conduct was “specific to them” *(see Silverman v Household Fin. Realty Corp. of N.Y.,*979 F Supp 2d 313, 318 [ED NY 2013]); it had no “broader impact on consumers at large” *(see Oswego Laborers’ Local 214 Pension Fund v Marine Midland Bank,*85 NY2d 20, 25 [1995]).

As to the element of a materially misleading act or practice, plaintiffs allege that defendant told them that to qualify for a loan modification they had to be delinquent, but they do not allege that this representation was false, nor did they submit documentary evidence refuting it. Plaintiffs also allege that defendant said it would block negative credit reporting, but they do not allege that defendant reported their delinquency during the private loan modification application period.

While the adverse consequences of a negative credit report *512could constitute the requisite injury for a cause of action under General Business Law § 349, as indicated, plaintiffs do not allege that a negative credit report was issued.

The complaint also alleges that defendant violated General Business Law § 349 in connection with its processing of plaintiffs’ application for a permanent loan modification under the federal Home Affordable Modification Program (HAMP). Initially, we conclude, as the motion court found, that plaintiffs waived this claim by stating at the hearing on defendant’s motion that the cause of action was based on the alleged misrepresentations discussed above *(see e.g. Ward v City of New*York, 89 AD3d 532 [1st Dept 2011]). We note in any event that a cause of action under General Business Law § 349 alleging violations of HAMP rules and directives would constitute an impermissible “end run” around the absence of a private right of action under HAMP *(see Legore v OneWest Bank, FSB,*898 F Supp 2d 912, 918 [D Md 2012]; *Valtierra v Wells Fargo Bank, N.A.,*2011 WL 590596, *4, 2011 US Dist LEXIS 18669, *13-14 [ED Cal, Feb. 8, 2011, No. Civ-F-10-0849 (AWI/GSA)]). Moreover, plaintiffs’ allegations that defendant engaged in misleading practices in connection with HAMP are conclusively refuted by the “Home Affordable Modification Trial Period Plan.”

Concur — Acosta, J.P, DeGrasse, Richter and Manzanet-Daniels, JJ.
----

----

**EXHIBIT        32.1**

| (1)    | the                  Annual Report on Form 10-K/A of the Company for the annual period                  ended                  December 31, 2006 (the “Report”) fully complies with the requirements                  of Section 13(a) or 15(d) of the Securities Exchange Act of 1934                  (15                  U.S.C. 78m or 78o(d)); and |
|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                                                                                                                                                                                     |
| (2)    | the                  information contained in the Report fairly presents, in all material                  respects, the financial condition and result of operations of the                  Company.                                                                                                                                                                   |
|   |                                                                                                                                                                                                                                                                                                                                                                     |

| Dated:  June 20,                  2007 | /s/                  Todd M. Raba          |   |
|-------------------------------------------------------|--------------------------------------------|--------|
|                                                  | Todd                  M. Raba              |   |
|                                                  | President                                  |   |
|                                                  | (chief                  executive officer) |   |

----

----
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<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>               DEC-31-1999
<PERIOD-START>                  JAN-01-1999
<PERIOD-END>                    SEP-30-1999
<CASH>                                                           0
<SECURITIES>                                                     0
<RECEIVABLES>                                                    0
<ALLOWANCES>                                                     0
<INVENTORY>                                                      0
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<COMMON>                                                     2,000
<OTHER-SE>                                                  (2,000)
<TOTAL-LIABILITY-AND-EQUITY>                                     0
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</TABLE>
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 Commerce

###### International Trade Administration

          - [A-570-053]

# AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

# DATES:

Applicable October 18, 2017.

# FOR FURTHER INFORMATION CONTACT:

Erin Kearney at (202) 482-0167, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

# SUPPLEMENTARY INFORMATION:

## Background

                    On October 12, 2017, the Department of Commerce (the Department) published a notice of the deferral of the preliminary determination in the less-than-fair-value investigation of aluminum foil from the People's Republic of China (PRC).[1]                                          In the                     *Deferral Notice,*                     the Department inadvertently published an incorrect date of the deferred preliminary determination.[2] 

## Correction

The Department expects to issue the preliminary determination no later than November 30, 2017.

Dated: October 12, 2017.

Gary Taverman,

Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.

# Footnotes

1.                                                     *See Certain Aluminum Foil from the People's Republic of China: Deferral of Preliminary Determination of the Less-Than-Fair-Value Investigation,*82 FR 47481 (October 12, 2017) (                        *Deferral Notice*).                    
        Back to Citation      

2.                                                     *Id.*
        Back to Citation      

[FR Doc. 2017-22599 Filed 10-17-17; 8:45 am]

 BILLING CODE 3510-DS-P
#### UNITED STATES of America, Plaintiff-Appellee, v. Christopher James WEICK, Defendant-Appellant.

No. 10-50322.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2011.*

Filed March 15, 2011.

Stephen Frederick Miller, Esquire, U.S. Atty’s Office Southern District, San Diego, CA, for Plaintiff-Appellee.

Lynn Howard Ball, Law Office of Lynn H. Ball, San Diego, CA, for Defendant-Appellant.

Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.

*

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

MEMORANDUM **

Christopher James Weick appeals from the 15-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Weick contends that the district court erred by imposing a 12-level upward adjustment based on a prior felony drug trafficking offense, because the evidence *727indicated that he served no prison or jail time for that offense. The only evidence offered to support this contention is Weick’s own statements made during allo-cution. The district court did not err, let alone plainly err, by relying on the presen-tence report and the government’s sentencing documents to conclude that Weick served some time in custody for this conviction. *See United States v. Marin-Cuevas,*147 F.3d 889, 894-95 (9th Cir.1998).

The record reflects that the district court did not otherwise procedurally err, and the below-Guidelines sentence is substantively reasonable under the totality of the circumstances. *See Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); *see also United States v. Carty,*520 F.3d 984, 991-93 (9th Cir.2008) (en banc).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### UNITED STATES of America, Plaintiff-Appellee, v. James Larry BELLAMY, Defendant-Appellant.

No. 10-7705.

United States Court of Appeals, Fourth Circuit.

Submitted: March 31, 2011.

Decided: April 6, 2011.

James Larry Bellamy, Appellant Pro Se. John Samuel Bowler, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James Larry Bellamy seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp.2010) motion. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

When the United States or its officer or agency is a party, the notice of appeal must be filed no more than sixty days after the entry of the district court’s final judgment or order to note an appeal, Fed. *291R.App. P. 4(a)(1)(B), unless the district court extends the appeal period under Fed. R.App. P. 4(a)(5), or reopens the appeal period under Fed. R.App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” *Bowles v. Russell,*551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court’s order was entered on the docket on August 10, 2010. The notice of appeal was filed on December 3, 2010.* Because Bellamy failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. 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.*

*

 For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly deposited in the institution's internal mail system for mailing to the court. Fed. R.App. P. 4(c); *Houston v. Lack,*487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988)
_ ____________ ____________________ 

## H OGAN 

## & H OGAN

A PPELLATE A DVOCACY AND T RIAL S TRATEGY

P ENNZOIL P LACE
711 L OUISIANA • S UITE 500

H OUSTON

, T EXAS 77002

J ENNIFER B RUCH H OGAN Telephone: (713) 222-8800 Board Certified • Civil Appellate Law Facsimile: (713) 222-8810 Texas Board of Legal Specialization

45431_1 February 5, 2015

Via TexFile Christopher A. Prine, Clerk Fourteenth Court of Appeals 301 Fannin, Room 245 Houston, Texas 77002

Re: No. 01- 14 -00850-CV; In Re State Farm Lloyds, et al. ; in the First Court of Appeals, Houston, Texas.

Dear Mr. Prine:

Please note that Jennifer Bruch Hogan will present the oral ar gument on behalf of Rosie Hansen, Real-Party- In -Interest. The oral argument is set for Wednesday, February 11, 2015, at 1:30 p.m.

All counsel are being notified by electronic service. Thank you for your

assistance.

Sincerely,

/s Jennifer Bruch Hogan Jennifer Bruch Hogan Attorney for Real-Party- In -Interest,

Rosie Hansen JBH/jlc ACCEPTED
01-14-00850-CV
FIRST COURT OF APPEALS HOUSTON, TEXAS
2/5/2015 12:33:44 PM
CHRISTOPHER PRINE

CLERKFebruary 5, 2015

Christopher A. Prine, Clerk Fourteenth Court of Appeals Page 2

45431_1 c:

Dale M. “Rett” Holidy

G ERMER

, PLLC

Three Allen Center 333 Clay Street, Suite 4950 Houston, Texas 77002

Via TexFile

M. Micah Kessler

N ISTICO

, C ROUCH & K ESSLER , P. C. 1900 West Loop South, Suite 800 Houston, Texas 77027

Via TexFile J. Steve Mostyn

T HE M OSTYN L AW F IRM 3810 W. Alabama Houston, Texas 77027

Via TexFile
EXHIBIT 99.1


                                  CERTIFICATION

     Pursuant to 18 U.S.C. ss. 1350, the undersigned officer of PalWeb
Corporation (the "Company"), hereby certifies that the Company's Quarterly
Report on Form 10-QSB for the Period Ended February 28, 2003 (the "Report"),
fully complies with the requirements of Section 13(a) or 15(d), as applicable,
of the Securities Exchange Act of 1934 and that the information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.

Dated: April 14, 2003                      /s/ Warren F. Kruger
                                           -------------------------------------
                                           Warren F. Kruger
                                           President and Chief Executive Officer




     The foregoing certification is being furnished solely pursuant to 18
U.S.C.ss.1350.
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 quarterly report of PalWeb Corporation (the
"Company") on Form 10-QSB for the period ending August 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Warren F. Kruger, 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:

     (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.




October 20, 2004                       /s/ Warren F. Kruger
                                       -----------------------------------------
                                       Warren F. Kruger, 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.

     The foregoing certification is being furnished to the Securities and
Exchange Commission as an exhibit to the Report and shall not be considered
filed as part of the Report.