alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Nos. 41931-9-II; 41981-5-II.

Division Two.

October 2, 2012.]

#### James Sharbono et al., *Appellants,*v. Universal Underwriters Insurance Company et al., *Respondents.*Clinton L. Tomyn et al., *Individually, as Personal Representative, and as Guardian,*et al., *Respondents,*v. Cassandra Sharbono et al., *Appellants.*

Appeal from a judgment of the Superior Court for Pierce County, No. 01-2-07954-4, Rosanne Buckner, J., entered March 4, 2011. *Affirmed in part, reversed in part,*and *remanded with instructions*by unpublished opinion per

Penoyar, J.,

concurred in by Hunt, J., and Armstrong, J. Pro Tern.
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 99-11180

Summary Calendar

_________________

UDO BIRNBAUM,

Plaintiff-Appellant,

versus

RICHARD RAY; ET AL.,

Defendants,

RICHARD RAY; TOMMY W. WALLACE; JAMES B. ZIMMERMAN;

RICHARD DAVIS; PAT MCDOWELL, Judge; LESLIE P. DIXON;

BETTY DAVIS; WILLIAM JONES; BECKY K. MALONE,

Defendants-Appellees.

_________________________________________________________________

Appeal from the United States District Court

for the Northern District of Texas

(3:99-CV-696-R)

_________________________________________________________________

July 28, 2000

Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Udo Birnbaum challenges, pro se, the dismissal, for failure to

state a claim under FED. R. CIV. P. 12(b)(6), of his Racketeer

Influenced and Corrupt Organizations Act (RICO) complaint . 
- 2 -

Birnbaum’s RICO action arises out of a state-court action

brought against him by defendant William Jones. Birnbaum’s action

is an attempt to attack collaterally the validity of an adverse

state-court judgment. Federal courts lack jurisdiction to engage

in appellate review of state-court determinations. District of

Columbia Court of Appeals v. Feldman, 460 U.S. 462, 476, 482

(1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 415 (1923);

Liedtke v. State Bar of Texas, 18 F.3d 315, 317 (5th Cir. 1994).

“When issues raised in a federal court are inextricably intertwined

with a state judgment and the court is in essence being called upon

to review the state-court decision, the court lacks subject matter

jurisdiction”. Davis v. Bayless, 70 F.3d 367, 375 (5th Cir.

1995)(internal quotation marks and citations omitted). 

Because Birnbaum’s claims arise solely from the state-court

litigation and are “inextricably intertwined” with the state

court’s judgment, the district court judgment is 

AFFIRMED.
August 21, 2014



### JUDGMENT 

## The Fourteenth Court of Appeals

NICHOLAS JARED MIREL ES , Appellant
NO. 14

- 13

- 00333

- CR V. NO. 14

- 13

- 00334

- CR
THE STATE OF TEXAS , Appellee

________________________________ This cause was heard on the transcript of the record of the court below. Having considered the record, this Court holds that there was no error in the judgment. The Court orders the judgment AFFIRMED

.
We further order this decision certified below for observance.
EXHIBIT 35.1
                     SERVICER COMPLIANCE STATEMENT (ITEM 1123)
                        RESIDENTIAL FUNDING COMPANY, LLC
                 RAMP SERIES 2006-RZ1 TRUST (THE "ISSUING ENTITY")

      The undersigned, a duly authorized officer of Residential Funding Company,
      LLC, as servicer  (the  "Servicer")  pursuant to the Pooling and Servicing
      Agreement, dated as of February 1, 2006 (as amended from time to time, the
      "Agreement"),   among  Residential  Asset  Mortgage  Products,   Inc.,  as
      depositor,  Residential Funding Company, LLC (formerly Residential Funding
      Corporation),  as master  servicer,  and  JPMorgan  Chase Bank,  N.A.,  as
      trustee,  does  hereby  certify  that:

1.   A review of the  Servicer's  activities  during the  period  covered by the
     Issuing  Entity's  report  on Form 10-K and of the  Servicer's  performance
     under the Agreement has been made under my supervision.

2.   To the  best of my  knowledge,  based  on such  review,  the  Servicer  has
     fulfilled  all of its  obligations  under  the  Agreement  in all  material
     respects throughout such period.

      IN WITNESS  WHEREOF,  the undersigned  has duly executed this  Certificate
      this 26th day of March 2007.

      By:  /s/ Anthony N. Renzi
           -------------------------
          Name: Anthony N. Renzi
          Title: Managing Director
EXHIBIT 32.1

Certification of Chief Executive Officer

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

(18 U.S.C. § 1350)

In connection with the Annual Report of Basin Water, Inc. (the Company) on Form 10-K/A for the period ended December 31, 2008 (the Report), I, Michael M. Stark, Chief Executive Officer of
the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350), that:



| | 1) | to my knowledge, 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: April 30, 2009 |  |  |  | BY: |  | /S/ MICHAEL M. STARK   
|                     |  |  |  |     |  | Michael M. Stark       
|                     |  |  |  |     |  | Chief Executive Officer

The foregoing certification is being furnished solely to accompany the Report pursuant to
18.U.S.C.1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof,
regardless of any general incorporation language in such filing. 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.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET AND CONDENSED CONSOLIDATED STATEMENT OF
OPERATIONS FOUND ON PAGES 24 AND 25 OF THE COMPANY'S FORM 10K FOR THE YEAR ENDED
DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          25,583
<SECURITIES>                                     8,598
<RECEIVABLES>                                   14,784
<ALLOWANCES>                                         0
<INVENTORY>                                     19,068
<CURRENT-ASSETS>                                73,255
<PP&E>                                          11,188
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  84,443
<CURRENT-LIABILITIES>                           16,259
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            14
<OTHER-SE>                                      84,429
<TOTAL-LIABILITY-AND-EQUITY>                    84,443
<SALES>                                         76,730
<TOTAL-REVENUES>                                76,730
<CGS>                                           37,130
<TOTAL-COSTS>                                   37,130
<OTHER-EXPENSES>                                39,204
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  1,882
<INCOME-TAX>                                       451
<INCOME-CONTINUING>                              1,431
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,431
<EPS-PRIMARY>                                     0.10
<EPS-DILUTED>                                     0.09


</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. Eric Arthur WALTON, Defendant-Appellant.

No. 10-7100.

United States Court of Appeals, Fourth Circuit.

Submitted: March 31, 2011.

Decided: April 5, 2011.

Eric Arthur Walton, Appellant Pro Se. Paul Thomas Camilletti, Assistant United States Attorney, Martinsburg, West Virginia, for Appellee.

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

*263Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Eric Arthur Walton appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his motion for resentencing under 18 U.S.C. § 3559(c)(7) (2006). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *See United States v. Walton,*No. 5:94-cr-00021-FPS-JES-l, 2010 WL 3010184 (N.D.W.Va. July 28, 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.*
EX-31 Rule 13a-14(d)/15d-14(d) Certifications

  I, Kristen Ann Cronin, certify that:

  1. I have reviewed this report on Form 10-K/A and all reports on Form 10-D
     required to be filed in respect of the period covered by this report
     on Form 10-K/A of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust,
     Series 2006-AR1 (the "Exchange Act periodic reports");

  2. Based on my knowledge, the Exchange Act periodic reports, taken as a
     whole, do 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, all of the distribution, servicing and other
     information required to be provided under Form 10-D for the period
     covered by this report is included in the Exchange Act periodic
     reports;

  4. I am responsible for reviewing the activities performed by the
     servicers and based on my knowledge and the compliance reviews
     conducted in preparing the servicer compliance statements required in
     this report under Item 1123 of Regulation AB, and except as disclosed
     in the Exchange Act periodic reports, the servicers have fulfilled
     their obligations under the servicing agreements in all material respects;
     and

  5. All of the reports on assessment of compliance with servicing
     criteria for asset-backed securities and their related attestation
     reports on assessment of compliance with servicing criteria for
     asset-backed securities required to be included in this report in
     accordance with Item 1122 of Regulation AB and Exchange Act Rules
     13a-18 and 15d-18 have been included as an exhibit to this report,
     except as otherwise disclosed in this report.  Any material instances
     of noncompliance described in such reports have been disclosed in
     this report on Form 10-K/A.

     In giving the certifications above, I have reasonably relied on
     information provided to me by the following unaffiliated parties:
     Countrywide Home Loans Servicing LP, as Servicer, Franklin Bank SSB,
     as Servicer, GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation as
     Servicer, GreenPoint Mortgage Funding, Inc. as Servicer, IndyMac Bank,
     F.S.B. as Servicer, National City Mortgage Co., as Servicer, and
     Residential Funding Corporation, as Servicer.

     Dated:    May 28, 2008

     /s/ Kristen Ann Cronin
     Signature

     Vice President
     (senior officer in charge of the servicing function of the master servicer)
Exhibit 32.1

                        CERTIFICATION OF CEO 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 on Form 10-Q of Lynch  Interactive
Corporation  (the  "Company")  for the quarterly  period ended June 30, 2003, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  Mario J. Gabelli, as Chief Executive Officer of the Company,  hereby
certifies, 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 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.


                                           /s/ Mario J. Gabelli
                                           -------------------
                                           Name: Mario J. Gabelli
                                           Title: Chief Executive Officer
Date: August 12, 2003



This   certification   accompanies  the  Report  pursuant  to  ss.  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 Company for purposes of ss.18
of the Securities Exchange Act of 1934, as amended.
Exhibit 10.1 Q1FY15








AMENDMENT No. 1 TO EMPLOYMENT AGREEMENT


THIS AMENDMENT No. 1 TO EMPLOYMENT AGREEMENT (“Amendment No. 1”), is entered into as of November 24, 2014, by and between LOGAN’S ROADHOUSE, INC. (the “Company”), ROADHOUSE HOLDING INC. (the “Parent”) and SAMUEL NICHOLAS BORGESE (“Executive”).


WHEREAS, Parent, the Company and the Executive entered into a certain Employment Agreement dated as of October 4, 2014 (the “Employment Agreement”); and


WHEREAS, in consideration of the mutual agreements set forth below and for other good and valuable consideration given by each party to this Amendment No. 1, the receipt and sufficiency of which are hereby acknowledged, Parent, the Company and Executive agree to amend the Employment Agreement on the terms set forth below.


NOW, THEREFORE, the parties hereto, intending to be legally bound, hereby agree as follows:


1.Section 4.3.4 of the Employment Agreement shall be amended to read in its entirety as follows (deletions are in strikeout and additions are in bold):


“4.3.4. Share Purchase. For the thirty (30) day period following the date on which the Option is granted For the period commencing on the date of this Agreement and expiring on May 31, 2015, Parent shall provide Executive with the right to purchase a number of shares of Common Stock as may be mutually agreed at the fair market value of the Common Stock in effect at the time of purchase. In connection with such purchase, Executive shall execute and deliver Joinder Agreements to the Stockholders Agreement and Registration Rights Agreement of Parent, both of which are attached hereto as, respectively, Exhibit C and Exhibit D.


2.Except as specifically set forth in this Amendment No. 1, each and every provision of the Employment Agreement shall remain in full force and effect as set forth therein.


[Signature Page Follows]

















































1000404230v3


IN WITNESS WHEREOF, the parties hereto have executed, or caused their duly authorized representative to execute, this Amendment No. 1 effective as of the day and year first above written.




LOGAN'S ROADHOUSE, INC.


By: /s/ Amy Bertauski                                            
Its:  CFO, Treasurer, Secretary                               


ROADHOUSE HOLDING INC.


By: /s/ Amy Bertauski                                            
Its:  CFO, Treasurer, Secretary                               


EXECUTIVE


/s/ Samuel N. Borgese                                            
Samuel Nicholas Borgese
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 Annual Report of GeoMet, Inc. (the Company) for the year ended
December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, J. Darby Seré, Chief Executive Officer, and I, William C. Rankin, Chief Financial 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 our knowledge:

(1) 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 results of operations
of the Company.



|                        |  |  |  |                         
|----------------------- |  |  |  | ------------------------
|/S/    J. DARBY
SERÉ    |  |  |  | /S/    WILLIAM C. RANKIN
|J. Darby Seré           |  |  |  | William C. Rankin       
|Chief Executive Officer |  |  |  | Chief Financial Officer 
|March 12, 2009          |  |  |  | March 12, 2009          

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.
EXHIBIT 35.2
                     SERVICER COMPLIANCE STATEMENT (ITEM 1123)
                               GMAC MORTGAGE, LLC
                 RAMP SERIES 2006-RZ1 TRUST (THE "ISSUING ENTITY")

      The  undersigned,  a duly  authorized  officer of GMAC  Mortgage,  LLC, as
      servicer (the "Servicer")  pursuant to the applicable servicing agreement,
      does hereby certify that:

      1. A review of the Servicer's  activities during the period covered by the
      Issuing  Entity's  report on Form 10-K and of the  Servicer's  performance
      under  the  applicable   servicing   agreement  has  been  made  under  my
      supervision.

      2. To the best of my  knowledge,  based on such  review,  the Servicer has
      fulfilled all of its obligations under the applicable  servicing agreement
      in all material respects  throughout such period.

     IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this
     26th day of March 2007.

      By:      /s/ Anthony N. Renzi
            ------------------------
            Name:  Anthony N. Renzi
            Title:  Executive Vice President
BURGER KING HOLDINGS, INC.
2006 OMNIBUS INCENTIVE PLAN
 RESTRICTED STOCK UNIT AWARD
 Award Agreement Plan
 RSUs
 Total Number of RSUs:
    
    The number of Restricted Stock Units underlying this
award is available at www.benefits.ml.com under the
Grant Information section.Grant Date:
    
    [                    ]Vesting Schedule:
    
    [                    ] (subject to the section
entitled Termination in Exhibit A hereto)
 Exhibit A
 A-1




---



##### 



EXHIBIT A
 TERMS AND CONDITIONS OF THE
RESTRICTED STOCK UNIT AWARD
 No Payment for Shares .
  Restricted Share Units .
  Settlement .
  Termination .
  A-2




---



##### 



e.g.
    Cause
 A-3




---



##### 



provided
  Disability provided
 Without Cause provided
 Taxes .
  A-4




---



##### 



No Guarantee of Continued Service .
  Termination for Cause; Restrictive Covenants .
   A-5




---



##### 



Companys Right of Offset.
 provided
 Acknowledgment of Nature of Award .
        A-6




---



##### 



Data Privacy Notice and Consent .
   A-7




---



##### 



No Compensation Deferrals .
  Securities Laws .
  Entire Agreement; Dispute Resolution; Governing Law .
   A-8




---



##### 



Electronic Delivery .
  Agreement Severable .
  Language .
  A-9
Exhibit
      31.1




**CERTIFICATION**




I,
      John
      A. Hupalo, certify that:




l. I
      have
      reviewed this annual report on Form 10-K, and all reports on Form 10-D required
      to be filed in respect of the period covered by this report on Form 10-K of
      The
      National Collegiate Student Loan Trust 2006-1 (the “Exchange Act periodic
      reports”);




2. Based
      on
      my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required
      to be provided under Form 10-D for the period covered by this report is included
      in the Exchange Act periodic reports;




4. Based
      on
      my knowledge and the servicer compliance statements required in this report
      under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act
      periodic reports, the servicers have fulfilled their obligations under the
      servicing agreement in all material respects




5. All
      the
      reports on assessment of compliance with servicing criteria for asset-backed
      securities and their related attestation reports on assessment of compliance
      with servicing criteria for asset-backed securities required to be included
      in
      this report in accordance with Item 1122 of Regulation AB and Exchange Act
      Rules
      13a-18 and 15d-18 have been included as an exhibit to this report, except as
      otherwise disclosed in this report. Any material instances of noncompliance
      described in such reports have been disclosed in this report on Form
      10-K.




In
      giving
      the certifications above, I have reasonably relied on information provided
      to me
      by the following unaffiliated parties: U.S. Bank National Association, as
      Indenture Trustee and Pennsylvania Higher Education Assistance
      Agency




Date:
      September 27, 2006









/s/
              John A. HupaloJohn
                A. HupaloVice
                PresidentNational
                Collegiate Funding LLC
**Exhibit 32.2**

 

CERTIFICATION OF ANNUAL REPORT

 

I,Edward Christie III, chief financial officer of Frontier Airlines Holdings, Inc.(the“Company”), certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,18 U.S.C. Section 1350, that:

 

(1)           the annualreport on Form 10-K/A of the Company for the period ended March 31,2008 (the “Report”) fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));and

 

(2)           the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 
| Dated:  July 29,  2008 | /s/ Edward  Christie III |
|---------------------------------------|--------------------------|
|                                  | Edward  Christie III     |
|                                  | Chief  Financial Officer |

 

----