alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT
C ENTUR Y SURETY C O M PANY, an Ohio c orporation, Plaintiff-c o unte rde fe nda nt - Appe lle e , v. 350 W .A., LLC , a C a l ifornia lim ite d lia bility c om pa ny , De fe nda

nt-c ounte rc la im ant - Appe lla

nt, DAVID A. B LAC KB U R N, C ounte r-c l a im ant -

Appe lla nt,
a nd JAC QUELINE HELLEIS, individua lly and doing busine s s a s Fla gship R e se arc h, De fe nda

nt. No. 11-56694 D.C . No. 3:05-c v-01548-L-B GS
M EM O R ANDUM * 

# FIL ED

AUG 22 2013 M OLLY C. DW Y ER, CLERK U
. S

. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3.Appe a l from the Unite d

Stat e s Distric t C ourt for the Southe rn Distric t of C a lifornia M . Ja m e s Lore nz , Se nior Distric t Judge , Pre siding Argue d and Subm itte d August 9, 2013 Pa sa de n a , C a l ifornia B e fore : TALLM AN, C LIFTON, a nd C ALLAHAN, C irc uit Judge s. Appe lla nts Da vid B la c k burn a nd 350 W .A., LLC , a

ppe a l the distric t c ourt’ s gran t of sum

m ary judgm e n t. W e a ffirm
. An insura nc e polic y

is prope rly

re s c inde d whe n the insure d m ake s m ate ria l
m isre pre se ntations whe n a pply ing for insura

nc e . Se e C a l. Ins. C ode §§ 330, 331 (W e st 2005). Appe lla

nts m a de m isre pre se n tations whe n a p ply ing for insura

nc e with C e ntury

by sta t i ng on the ir a

pplic ation form

tha t the y did not c onte m

plate any de m olition e xposure or struc t ura l a dditions when , in fa c t, the y did. C ontra

ry to
a ppe lla nts’ argum e nt, to “ c onte m plate ” m e ans to c onside r the possibility of a c tion; it doe s not re q

u ire firm and fina l de c i sions. Appe lla nts’ m i sre pre se ntations we re m ate ria l. M i sre pre se ntations a re
m a te ria l whe n the insure r would ha ve e va luate d the risk to beinsure d diffe re ntly , suc h a s by de ny i ng the polic y

or c ha rging diffe re nt pre m ium s, if the true fa c ts ha d be e n known. Se e Old Line Life Ins. C

o. v . Supe rior C

ourt , 229 C a l. App. 3d 1600, 1606 (1991). C e ntury

produc e d undispute d e v ide nc e de m o nstra ting tha t it would

2have de nie d the polic y , issue d a diffe re nt polic y , or c ha

rge d diffe re nt pre m ium s if it ha d known thetruth a

bout thepla

nne d c onstruc tion. The re fore , the distric t c ourt prope rly c onc lude d tha

t the insura

n c e c ontra c t wa s re sc inde d. As the polic y

ha s be e n re sc inde d, a

ppe lla nts’ c ounte rc la im s fa il a s a m atte r of la w. AFFIRM E D.

3
Fourth Court of Appeals

San Antonio, Texas

January 24, 2020

No. 04-20-00032-CV

IN RE Denise Marie RAMOS

Original Mandamus Proceeding1

ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Luz Elena D. Chapa, Justice

Beth Watkins, Justice

On January 21, 2020, relator filed a petition for writ of mandamus. Relator also filed a 

motion for stay of two trial settings pending final resolution of the petition for writ of mandamus. 

After considering the petition and the record, this court concludes relator is not entitled to the 

relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 

52.8(a). Relator’s motion for a stay is denied as moot. This court’s opinion will issue at a later 

date.

_________________________________

Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 24th day of January, 2020.

___________________________________

MICHAEL A. CRUZ,

Clerk of Court

1 This proceeding arises out of Cause No. 2018-CI-21009, styled In the Matter of the Marriage of Denise Marie 

Ramos and Reynaldo Esparaza, Jr., pending in the 166th Judicial District Court, Bexar County, Texas, the 

Honorable Laura Salinas presiding.
EXHIBIT 99.2

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


     In  connection  with  the  Quarterly  Report  of  Clements  Golden  Phoenix
Enterprises, Inc. (the "Company") on Form 10-QSB for the period ending September
30,  2002,  as filed with the  Securities  and Exchange  Commission  on the date
hereof  (the  "Report"),  I, Joseph  Rizzuti,  Chief  Financial  Officer (or the
equivalent thereof) of the Company,  certify, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to Section 906 of the  Sarbanes-Oxley Act of 2002, that, to the
best of my knowledge and belief:

(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 Repor fairly  presents,  in all material
     respects, the financial condition and result of operations of the Company.



                         /s/ Joseph Rizzuti
                         -------------------------------------------
                         Joseph Rizzuti
                         Chief Financial Officer (or the equivalent thereof)
                         November 14, 2002
<TABLE> <S> <C>

<ARTICLE>                              5

<S>                                    <C>                    <C>
<PERIOD-TYPE>                          6-MOS                  YEAR
<FISCAL-YEAR-END>                      MAR-31-2000            MAR-31-1999
<PERIOD-START>                         APR-01-1999            APR-01-1998
<PERIOD-END>                           SEP-30-1999            MAR-31-1999
<CASH>                                 2,294,045                  11,335
<SECURITIES>                                   0                       0
<RECEIVABLES>                            246,874                  92,938
<ALLOWANCES>                              34,175                       0
<INVENTORY>                               54,199                  22,647
<CURRENT-ASSETS>                       2,916,735                 294,118
<PP&E>                                   659,090                 308,770
<DEPRECIATION>                           170,492                  83,052
<TOTAL-ASSETS>                        30,410,560                 520,346
<CURRENT-LIABILITIES>                    495,725               1,077,322
<BONDS>                                        0                       0
<COMMON>                                  16,278                   1,000
<PREFERRED-MANDATORY>                          0                       0
<PREFERRED>                              179,502                       0
<OTHER-SE>                            29,412,239                (557,976)
<TOTAL-LIABILITY-AND-EQUITY>          30,410,560                 520,346
<SALES>                                3,549,735               8,851,713
<TOTAL-REVENUES>                       3,879,857               8,851,713
<CGS>                                  3,014,449               7,750,289
<TOTAL-COSTS>                          3,036,569               7,750,289
<OTHER-EXPENSES>                               0                       0
<LOSS-PROVISION>                               0                       0
<INTEREST-EXPENSE>                           355                       0
<INCOME-PRETAX>                       (3,305,026)               (406,164)
<INCOME-TAX>                                   0                       0
<INCOME-CONTINUING>                   (3,305,026)               (406,164)
<DISCONTINUED>                                 0                       0
<EXTRAORDINARY>                                0                       0
<CHANGES>                                      0                       0
<NET-INCOME>                          (3,305,026)               (406,164)
<EPS-BASIC>                               (.23)                   (.03)
<EPS-DILUTED>                               (.23)                   (.03)




</TABLE>
---

Exhibit 22

CONSENT OF EXPERT February 24, 2011 British Columbia Securities CommissionAlberta Securities CommissionSaskatchewan Financial Services CommissionManitoba Securities CommissionOntario Securities CommissionNew Brunswick Securities CommissionNova Scotia Securities CommissionRegistrar of Securities, Prince Edward IslandSecurities Commission of Newfoundland and LabradorRegistrar of Securities, Northwest TerritoriesRegistrar of Securities, NunavutRegistrar of Securities, YukonUnited States Securities and Exchange Commission
  Re:
     Annual Information Form dated February 24, 2011 (the Annual Information Form) of Minefinders Corporation Inc. (the Company).
  I refer to the report entitled "Technical Report, La Bolsa Project, Pre-feasibility Study dated January 10, 2011 (the "Report") as referenced in the Annual Information Form and documents incorporated by reference therein. I hereby consent to the use of my name and the Report in the Annual Information Form and in documents incorporated by reference therein. I confirm that I have read the Annual Information Form and I have no reason to believe that there are any misrepresentations that are derived from the Report referred to above or that are within my knowledge as a result of the services I performed in connection with such Report. I consent to the filing of this consent with the United States Securities and Exchange Commission as part of the Companys Form 40-F dated February 24, 2011, and any amendment thereto, including post-effective amendments and as part of a post-effective amendment to the Companys Registration Statement on Form F-10 (File No. 333-170839), to incorporate the Companys Form 40-F dated February 24, 2011.


---

- 2 - Yours truly, Per:
     /s/J. Rafael Sanchez Campos
J. Rafael Sanchez Campos
February 24, 2011


---
EXHIBIT 32

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

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section
1350, as adopted), Peter A. Michel, the Chief Executive Officer of iSECUREtrac
Corp. (the "Company"), and David G. Vana, the Chief Financial Officer of the
Company, each hereby certifies that:

      1.    The Company's Quarterly Report on Form 10-QSB for the period ended
            June 30, 2006, to which this Certification is attached as Exhibit 32
            (the "Periodic Report"), fully complies with the requirements of
            Section 13(a) or Section 15(d) of the Securities Exchange Act of
            1934, as amended; and

      2.    The information contained in the Periodic Report fairly presents, in
            all material respects, the financial condition of the Company at the
            end of the period covered by the Periodic Report and results of
            operations of the Company for the period covered by the Periodic
            Report.

Dated: August 11, 2006


/s/ Peter A. Michel                     /s/ David G. Vana
-------------------------------------   ----------------------------------------
Peter A. Michel                         David G. Vana
Chief Executive Officer                 Chief Financial Officer
JUPITER
      GLOBAL HOLDINGS, CORP.


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 JUPITER GLOBAL HOLDINGS, CORP. (the
      “Company”) on Form 10-QSB for the period ending June 30, 2005, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Ray
      Hawkins, Principal 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.







/s/
      “Ray Hawkins”


Ray
      Hawkins


Principal
      Executive Officer


Dated:
      October 3, 2005









A
      signed original of this written statement required by Section 906 has been
      provided to JUPITER GLOBAL HOLDINGS, CORP. and will be retained by JUPITER
      GLOBAL HOLDINGS, CORP. and furnished to the Securities and Exchange Commission
      or its staff upon request.
**Exhibit 31.2**

**CERTIFICATION**

I, Michael E.Alger, certify that:

1.                 I have reviewedthis annual report on Form 10-K of Indalex Holdings Finance, Inc.;

2.                 Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

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

4.                 The registrant’sother certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and we 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 registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b.                evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c.                 disclosed in thisreport any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

5.                 The registrant’sother certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (orpersons performing the equivalent functions):

a.                 all significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

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

Date: April2, 2007
| By:    | /s/ MICHAEL E.  ALGER |   |
|--------|----------------------------|--------|
| Name:  | Michael E. Alger      |   |
| Title: | Chief Financial Officer    |   |

 

----
EXHIBIT 32.2
                                                                    ------------




                            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 quarter ending November 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
William W. Rahhal, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:

     (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.



January 14, 2004                      /s/ William W. Rahhal
                                      ------------------------------------------
                                      William W. Rahhal, Chief Financial Officer
#### The People of the State of New York, Respondent, v Alex Perez, Appellant.

[665 NYS2d 883]

—Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered February 13, 1996, convicting defendant, upon his plea of guilty, of attempted burglary in the first degree and robbery in the second degree, and sentencing him, as a second felony offender, to concurrent prison terms of 7 years, unanimously affirmed.

Defendant’s claim that he was improperly sentenced as a second felony offender is unpreserved for appellate review *(see, People v Pellegrino,*60 NY2d 636), and we decline to review it in the interest of justice. Were we to review it, we would find it to be without merit. The People filed a predicate felony statement, and, at the time of the plea, the court advised defendant that he appeared to be a second felony offender. Defendant did not dispute his status as a second felony offender, which was also set forth at sentencing. Under the circumstances, a remand for resentencing is unnecessary *(compare, People v Bouyea,*64 NY2d 1140, *with People v Davis,*240 AD2d 309). Concur—Milonas, J. P., Rosenberger, Ellerin, Nardelli and Colabella, JJ.
CERTIFICATIONS OF CFO PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT

Exhibit 31.2
                                 CERTIFICATIONS

I, Bruce A. Hall, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of RG America, Inc.(the
"Registrant");

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 consolidated financial statements, and other
financial information included in this report, fairly present in all material
respects the consolidated 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
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Registrant 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 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; and

c) 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 (the Registrant's fourth fiscal 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 the
Registrant's independent registered public accounting firm and the audit
committee of registrant'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 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 control over
financial reporting.

November 18, 2005

/s/ Bruce A. Hall
---------------------------
Bruce A. Hall
Principal Financial Officer
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 Amazon Biotech, Inc., a Utah
corporation (the "Company"), on Form 10-QSB for the period ended January 31,
2007, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Mechael Kanovsky, President 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 result of operations of the
Company.



Dated: March 26, 2007            /s/ Mechael Kanovsky
                                 ----------------------------------
                                 Mechael Kanovsky, Ph.D., President
**Exhibit 99.2**

 

ExhibitNumber

99.2

 

**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 ofSpectrum Bancorporation, Inc. (“Spectrum”) on Form 10-Q for the six monthperiod ended December 31, 2002 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, James R. Clark, ChiefFinancial Officer of Spectrum, certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to thebest of my knowledge:

 

(1)                                  The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2)                                  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operation of Spectrum.

 
|   | */s/  James R. Clark*    |   |
|--------|--------------------------|--------|
|   | James R. Clark,          |
|   | Chief Financial  Officer |

 

----