alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule

47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 96-50082

Summary Calendar

_____________________

MARY LOU KIRSCHBAUM,

Plaintiff-Appellant,

versus

WILLIAM J. PERRY, Secretary,

U. S. Department of Defense, and his

successors in Office; WILLIAM REED,

Director, U.S. Defense Contract Audit

Agency, and his successors in Office;

JOHN McINTOSH, Manager, Austin Branch,

U. S. Defense Contract Audit Agency,

and his successors in Office,

Defendants-Appellees.

_________________________________________________________________

Appeal from the United States District Court

for the Western District of Texas

(A-95-CV-269)

_________________________________________________________________

July 24, 1996

Before SMITH, BARKSDALE, and DENNIS, Circuit Judges.

PER CURIAM:*

Mary Lou Kirschbaum appeals the dismissal, for failure to

prosecute, of her employment discrimination claim. However, she

contends only that the district court abused its discretion by

denying her FED. R. CIV. P. 60(b) motion for reinstatement (filed

more than 10 days after entry of the order of dismissal). 
- 2 -

Kirschbaum filed a timely notice of appeal from the order of

dismissal, but did not file a notice of appeal from the order

denying her 60(b) motion. Accordingly, we lack jurisdiction to

consider the denial of that motion. See, e.g., Williams v. Chater,

___ F.3d ___, ___, 1996 WL 361223 (5th Cir. 1996). Although the

appeal from the order of dismissal is properly before us,

Kirschbaum has not presented a basis for reversal. Id. 

Therefore, the judgment is

AFFIRMED.
EXHIBIT 24.1
 POWER OF ATTORNEY
    /s/ Ezra Uzi YeminEzra Uzi YeminDate: March 9, 2010/s/ Gabriel LastGabriel LastDate: March 9, 2010/s/ Asaf BartfeldAsaf BartfeldDate: March 9, 2010/s/ Zvi GreenfeldZvi GreenfeldDate: March 9, 2010/s/ Philip L. MaslowePhilip L. MasloweDate: March 9, 2010/s/ Charles H. LeonardCharles H. LeonardDate: March 9, 2010/s/ Carlos E. JordáCarlos E. JordáDate: March 9, 2010
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 annual report of Beijing Century Health Medical, Inc. (the "Company") on Form 10-K for the fiscal year ended November 30, 2010 (the "Report"), I, Wilson Cheung, 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: 1) The Report fully complies with the requirement 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 Company's financial position and results of operations.  /s/Wilson Cheung Wilson Cheung, Chief Financial Officer Date: February 18, 2011
Exhibit 31.1




CERTIFICATION




I, William Threadgill, certify that:




1.           I have reviewed this 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 STRATS(SM) Trust For Procter & Gamble Securities, Series 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 statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement; 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.




In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated party: The Bank of New York Mellon, as Trustee.




Dated: March 30, 2011
By:
/s/ William ThreadgillWilliam ThreadgillPresident(senior officer of depositor in charge of securitization)
In the United States Court of Federal Claims

No. 15-490C

(Filed February 11, 2016)

NOT FOR PUBLICATION

* * * * * * * * * * * * * * * * * *

*

*

PETERSON INDUSTRIAL *

DEPOT, INC., *

*

Plaintiff, *

*

v. *

*

THE UNITED STATES, *

*

Defendant. *

*

* * * * * * * * * * * * * * * * * *

ORDER

The Court yesterday held oral argument on the government’s motion to 

dismiss from this case two of plaintiff’s three claims.† The complaint alleges both 

that the government breached a contract to transfer a property interest and also 

took that property interest without paying just compensation. Compl. ¶¶ 40–52. 

The government moves to dismiss the takings claim because it is predicated on a 

contract with the government. Mot. at 10–12.

Plaintiff has clarified that its takings claim is pled in the alternative. Resp. 

at 4. In light of that clarification, and particularly since the government could not 

rule out the possibility of raising the sovereign acts defense, the Court finds that the

appropriate course of action is to stay consideration of the takings claim. See 

Century Expl. New Orleans, Inc. v. United States, 103 Fed. Cl. 70, 81–83 (2012); see 

also Stockton E. Water Dist. v. United States, 583 F.3d 1344, 1368–69 (Fed. Cir. 

2009). Accordingly the motion to dismiss the first cause of action is DENIED, and 

the takings claim is STAYED, pending the resolution of the contract breach claim. 

 

† Plaintiff did not oppose the government’s motion to dismiss its promissory 

estoppel claim. Pl.’s Resp. at 1. The motion is GRANTED as to that claim.
- 2 -

The third cause of action is DISMISSED under Rule 12(b)(1) of the Rules of the 

United States Court of Federal Claims because it is not within our court’s 

jurisdiction.

Defendant shall file its answer to the remaining portions of the complaint on 

or by Wednesday, February 25, 2016. 

IT IS SO ORDERED.

s/ Victor J. Wolski

VICTOR J. WOLSKI

Judge
Exhibit 99.1

    CERTIFICATION OF PRESIDENT AND PRINCIPAL FINANCIAL AND ACCOUNTING OFFICER



      Pursuant to Section 906 of the Sarbanes-Oxley Act 2002 (18 U.S.C.
ss.1350), the undersigned, Gary Schultheis, President and Principal Financial
and Accounting Officer of Evolve One, Inc. (the "Company") has executed this
certification in connection with the filing with the Securities and Exchange
Commission of the Company's Quarterly Report on Form 10-QSB for the quarter
ended September 30, 2002 (the "Report").

      The undersigned certifies 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 operation of the Company.

      IN WITNESS WHEREOF, the undersigned has executed this certification as of
the 13th day of November, 2002.



                                     By: /s/ Gary Schultheis
                                         Gary Schultheis,
                                         President
                                         (Principal Financial and
                                         Accounting Officer)
(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 Dex Media, Inc. as of the dates and
for the periods expressed in the Report.
 /s/ David C. Swanson
    
    
    
    /s/ Steven M. BlondyDavid C. Swanson
Chairman of the Board of Directors
and Chief Executive Officer
March 31, 2009
    
    
    
    Steven M. Blondy
Executive Vice President, Chief
Financial Officer and Director
March 31, 2009
  109
exv10w3



 




EXHIBIT 10.3




AMENDMENT TO EMPLOYMENT AGREEMENT




This Amendment to Employment Agreement (the “Amendment”) is entered into as of March
29, 2007, by and between IMAGE ENTERTAINMENT, INC., a Delaware corporation (“Image”), and
JEFF FRAMER, an individual (“Executive”), with respect to that certain Employment
Agreement, dated April 1, 2004 by and between Image and Executive (the “Agreement”).



The following shall amend the Agreement currently in effect as set forth herein. Except as
modified by this Amendment, the Agreement shall remain in full force and effect. Capitalized terms
used herein and not otherwise defined shall have the meaning set forth in the Agreement.



1. Amendment of Paragraph 7. The first clause of the second sentence of Paragraph 7
shall be amended to replace March 31, 2007 with May 31, 2007 such that the amended sentence shall
read as follows:



“The second one year option must be exercised by Image by May 31, 2007, in the same manner
described above, to extend the term from April 1, 2008 to March 31, 2009.”



2. Amendment of Paragraph 13. The first sentence of Subsection (a)of Paragraph 13
shall be amended to read as follows:



“If (1) this Agreement is terminated by Image prior to expiration of the Term for any reason
other than (a) pursuant to Paragraph 10 (Death) or 11 (Permanent Disability/Suspension), (b) for
Cause or (c) pursuant to Paragraph 14 (Executive’s Right to Terminate for Good Reason) and if such
termination occurs after a Change in Control, Executive shall be entitled to receive all of the
compensation, rights and benefits described in Paragraphs 3(a) and (b), 4 and 5 for a period of one
year following the effective date of termination, or through the expiration of the Term, whichever
is longer, and the severance described in Paragraph 6, as if this Agreement were in full force and
effect.”



IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Agreement to be duly
executed as of the day and year first written above.



	 	 	 	 	 
	 	ACCEPTED AND AGREED:



IMAGE ENTERTAINMENT, INC.

 	 
	 	By:  	/s/ Dennis Hohn Cho
 	 
	 	 	Name:  	Dennis Hohn Cho 	 
	 	 	Title:  	Senior Vice President, General Counsel

and Corporate Secretary 	 
	 



	 	 	 	 	 
	 	 	 
	 	     /s/ Jeff Framer
 	 
	 	Jeff Framer
Exhibit 31.2



Certification



I, Thomas J. Flahie, certify that:



1. I have reviewed this quarterly report on Form 10-Q/A of eUniverse Inc.;



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 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 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 auditors and the audit committee of registrants board of directors:



a) All significant deficiencies and material weaknesses in the design or operation of internal controls 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.



|                       |  | 
|---------------------- |  | 
|Date: October 30, 2003 |  | 
|                       |  | 
|                       |  | 



29
EXHIBIT 31.1

                                 CERTIFICATIONS

I, Louis Pardo dit Pardau, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Poseidis, Inc.

2. Based on my  knowledge,  this  quarterly  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 quarterly
report.

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included in this quarterly  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 quarterly report.

4.  The  registrant's  other  certifying  officers  and  I are  responsible  for
establishing and maintaining  disclosure  controls and procedures (as defined in
exchange act rules 13a-14 and 15d- 14) for the registrant and have:

     (a)  designed  such  disclosure  controls  and  procedures  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 quarterly report is being prepared;
     (b) evaluated the effectiveness of the registrant's disclosure controls and
procedures  as of a date  within  90  days  prior  to the  filing  date  of this
quarterly report (the "evaluation date"); and
     (c)  presented  in  this  quarterly   report  our  conclusions   about  the
effectiveness of the disclosure  controls and procedures based on our evaluation
as of the evaluation date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation,  to the registrant's auditors and the audit committee of
registrant's   board  of  directors  (or  persons   performing   the  equivalent
functions):

     (a) all  significant  deficiencies  in the design or  operation of internal
controls  which  could  adversely  affect  the  registrant's  ability to record,
process,  summarize  and  report  financial  data  and have  identified  for the
registrant's auditors any material weaknesses in internal controls; and
     (b) any fraud,  whether or not material,  that involves management or other
employees who have a significant role in the registrant's internal controls.

6. The  registrant's  other  certifying  officers  and I have  indicated in this
quarterly  report  whether or not there  were  significant  changes in  internal
controls or in other factors that could  significantly  affect internal controls
subsequent to the date of our most recent  evaluation,  including any corrective
actions with regard to significant deficiencies and material weaknesses.

Date: January 14, 2004

By:    /s/ Louis Pardo dit Pardau
       ---------------------------------------------
       Louis Pardo dit Pardau
       Chief Executive Officer (or equivalent thereof)
       Chief Financial Officer (or equivalent thereof)
#### Elsinger, administrator, *vs.*Beytagh *et al.*

1. Where trover was brought by an administrator to recover a bond, a defendant in the Buit was incompetent as a witness to testify that the plaintiff’s intestate during her life had given the bond to such defendant. Code, §3854; 71 *Ga.,*66.

2. There was no abuse of discretion in granting a first new trial in this case.

Judgment affirmed.

December 19, 1884.

Blandford, Justice.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3348 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3348

  To amend the Digital Television Transition and Public Safety Act of 
2005 to extend the interoperable emergency communications grant program 
                       through fiscal year 2012.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2009

   Mr. Cao introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
  To amend the Digital Television Transition and Public Safety Act of 
2005 to extend the interoperable emergency communications grant program 
                       through fiscal year 2012.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXTENSION.

    Section 3006(a)(2) of the Digital Television Transition and Public 
Safety Act of 2005 is amended--
            (1) by striking ``2010'' and inserting ``2012''; and
            (2) by inserting after the period at the end the following: 
        ``The Assistant Secretary may extend, on a case-by-case basis, 
        the period of performance for any investment approved under the 
        program for a period not to exceed 2 years.''
                                 <all>
```
#### Mark Crane, Appellant, v New York City Transit Authority, Respondent.

[987 NYS2d 160]

Order and judgment (one paper), Supreme Court, New York County (Cynthia S. Kern, J.), entered June 10, 2013, which denied the petition seeking to vacate an arbitration award, dated February 12, 2012, imposing a 30-day suspension, and an arbitration award, dated May 23, 2013, terminating petitioner’s employment for misconduct, and for a rehearing of a grievance submitted by petitioner on June 7, 2006, and dismissed the proceeding brought pursuant to CFLR article 75, unanimously affirmed, without costs.

Fetitioner has failed to argue, let alone set forth, any of the grounds for setting aside an arbitration award. He does not allege corruption, fraud or misconduct in procuring the award or partiality of the arbitrators. Nor does he allege that the arbitrators exceeded their power, failed to follow the procedure set forth in CFLR article 75, or that the award is irrational or violates public policy *(see*CFLR 7511 [b] [1]; *Matter of Campbell v New York City Tr. Auth.,*32 AD3d 350 [1st Dept 2006]). Petitioners’ allegations amount to nothing more than a claim that the arbitrators made errors of fact or law which, even if true, does not warrant vacatur of the awards *(see Matter of New York City Tr. Auth. v Transport Workers’ Union of Am., Local 100, AFL-CIO,*6 NY3d 332, 336 [2005]).

Concur—Sweeny, J.E, Renwick, Andrias, Richter and Kapnick, JJ.
2


                                                                    EXHIBIT 99.1

                          ANNUAL SERVICER'S CERTIFICATE

                       FIRST NORTH AMERICAN NATIONAL BANK

                   -------------------------------------------

                      CIRCUIT CITY CREDIT CARD MASTER TRUST
                   -------------------------------------------


                  The undersigned, a duly authorized representative of First
North American National Bank, as Servicer (the "Servicer"), pursuant to the
Amended and Restated Master Pooling and Servicing Agreement dated as of December
31, 2001 (as such agreement may have been, or may, from time to time be,
amended, supplemented or otherwise modified, the "Pooling and Servicing
Agreement"), among Tyler International Funding, Inc., as Transferor, First North
American National Bank, as Transferor under the Prior Agreement (as defined in
the Pooling and Servicing Agreement) and as Servicer, and Deutsche Bank Trust
Company Americas (formerly known as Bankers Trust Company), as Trustee (the
"Trustee"), does hereby certify to the best of his or her knowledge after
reasonable investigation that:

         1. Capitalized terms used in this certificate have their respective
meanings set forth in the Pooling and Servicing Agreement.

         2. The Servicer is as of the date hereof the Servicer under the Pooling
and Servicing Agreement.

         3. The undersigned is a Servicing Officer.

         4. This certificate is delivered pursuant to Section 3.5 of the Pooling
and Servicing Agreement.

         5. A review of the activities of the Servicer during the Fiscal Year
ended February 29, 2004 and of its performance under the Pooling and Servicing
Agreement was made under the supervision of the undersigned.

         6. Based on such review, to the best of the undersigned's knowledge,
the Servicer has fully performed all its obligations under the Pooling and
Servicing Agreement throughout such Fiscal Year and no event which, with the
giving of notice or passage of time or both, would constitute a Servicer Default
has occurred or is continuing except as set forth in paragraph 7 below.

         7. The following is a description of each Servicer Default under the
provisions of the Pooling and Servicing Agreement known to the undersigned to
have occurred during the Fiscal Year ended February 29, 2004, which sets forth
in detail the (i) nature of each such Servicer Default, (ii) the action taken by
the Servicer, if any, to remedy each such Servicer Default and (iii) the current
status of each such Servicer Default: Not applicable.

            IN WITNESS  WHEREOF,  the undersigned,  a duly authorized  Servicing
Officer, has duly executed this certificate this 14th day of May, 2004.

                                                      /s/ PHILIP J. DUNN
                                                     Name: Philip J. Dunn
                                                     Title: Vice President