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



In connection with the Quarterly Report on Form 10-Q/A of eUniverse, Inc. (the Company) for the quarter ended June 30, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the Report), Brett C. Brewer, as Principal Executive Officer of the Company, and Thomas J. Flahie, as Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. §
1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, that:



(1) The Report fully complies with the requirements of Section 13(a) 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: October 30, 2003 |  |  |  | /s/ Brett C. Brewer                      
|---------------------- |  |  |  | -----------------------------------------
|                       |  |  |  | Brett C. Brewer                          
|                       |  |  |  | President and Principal Executive Officer
|                       |  |  |  | (Principal Executive Officer)            
|                       |  | 
|Date: October 30, 2003 |  |  |  | /s/ Thomas J. Flahie                     
|                       |  |  |  | Thomas J. Flahie                         
|                       |  |  |  | Chief Financial Officer                  
|                       |  |  |  | (Principal Financial Officer)            



A signed original of this written
statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to eUniverse, Inc. and will be retained by eUniverse, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



This certification accompanies the Report pursuant to § 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 § 18 of the Securities Exchange Act of 1934, as amended.
Exhibit 99.1





CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 Agile Software Corporation (the Company) on Form 10-Q for the period ending July
31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), Bryan D. Stolle, as Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §
906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





(1)  The Report fully
complies with the requirements of section 13(a) 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.





/s/    BRYAN D. STOLLEBryan D. Stolle Chief
Executive Officer





September 13, 2002
CERTIFICATIONS OF CEO PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT

Exhibit 31.1

                                 CERTIFICATIONS

I, John E. Rea, 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/ John E. Rea
---------------------------
John E. Rea
Principal Executive Officer
EXHIBIT 31.1



I, Nicholas J. Benson, Chief Executive Officer, certify that:



1. I have reviewed this quarterly report on Form 10-Q of Sunterra Corporation;



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-15(e) and 15d-15(e)) for the registrant and we 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 quarterly
report is being prepared;



b. evaluated the
effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusion 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 officers and I have disclosed, based on our most recent evaluation of internal control of 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 control of 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 controls over financial reporting.



|                       
|-----------------------
|/s/ NICHOLAS J. BENSON 
|Nicholas J. Benson     
|Chief Executive Officer
|Dated:February 9, 2005
#### STATE OF CONNECTICUT *v.*DAVID L. ESSENFELD

(AC 32570)

DiPentima, C. J., and Lavine and Beach, Js.

Argued January 4

officially released January 24, 2012

Per Curiam.

The judgment is affirmed.
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-30-2001
<PERIOD-END>                               JUN-30-2000
<CASH>                                            8304
<INT-BEARING-DEPOSITS>                            1375
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      87998
<INVESTMENTS-CARRYING>                           11459
<INVESTMENTS-MARKET>                             11542
<LOANS>                                         447240
<ALLOWANCE>                                       6785
<TOTAL-ASSETS>                                  580171
<DEPOSITS>                                      380332
<SHORT-TERM>                                     45801
<LIABILITIES-OTHER>                               3901
<LONG-TERM>                                      21132
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         78544
<OTHER-SE>                                       50451
<TOTAL-LIABILITIES-AND-EQUITY>                  580171
<INTEREST-LOAN>                                   9174
<INTEREST-INVEST>                                 1690
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                 10864
<INTEREST-DEPOSIT>                                4542
<INTEREST-EXPENSE>                                5229
<INTEREST-INCOME-NET>                             5635
<LOAN-LOSSES>                                      300
<SECURITIES-GAINS>                                  61
<EXPENSE-OTHER>                                   3821
<INCOME-PRETAX>                                   2152
<INCOME-PRE-EXTRAORDINARY>                        2152
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      1498
<EPS-BASIC>                                       0.18
<EPS-DILUTED>                                     0.18
<YIELD-ACTUAL>                                    4.14
<LOANS-NON>                                        493
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                  6484
<CHARGE-OFFS>                                        3
<RECOVERIES>                                         4
<ALLOWANCE-CLOSE>                                 6785
<ALLOWANCE-DOMESTIC>                              6785
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
<PAGE>
                                                                    Exhibit 23.1










                       CONSENT OF INDEPENDENT ACCOUNTANTS



The Board of Directors
PVF Capital Corp.:


We consent to the incorporation by reference in the Registration Statements No.
33-97450, No. 33-86116, No. 333-48446, and 333-14601 on Form S-8 of PVF Capital
Corp. of our report dated July 27, 2001, relating to the consolidated statements
of operations, stockholders' equity, and cash flows of PVF Capital Corp. and
subsidiaries for the year ended June 30, 2001, which report appears in the June
30, 2003 Annual Report on Form 10-K of PVF Capital Corp.



                                  /s/ KPMG LLP


Cleveland, Ohio
September 25, 2003
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3118 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3118

    To amend the Internal Revenue Code of 1986 to provide a 1-year 
                extension of the making work pay credit.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 7, 2009

    Mr. Murphy of New York introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
    To amend the Internal Revenue Code of 1986 to provide a 1-year 
                extension of the making work pay credit.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Making Work Pay Tax Credit Extension 
Act''.

SEC. 2. EXTENSION OF MAKING WORK PAY CREDIT.

    (a) In General.--Subsection (e) of section 36A of the Internal 
Revenue Code of 1986 is amended by striking ``December 31, 2010'' and 
inserting ``December 31, 2011''.
    (b) Treatment of Possessions.--Paragraph (1) of section 1001(b) of 
the American Recovery and Reinvestment Tax Act of 2009 is amended by 
striking ``2009 and 2010'' both places it appears in subparagraphs (A) 
and (B) and inserting ``2009, 2010, and 2011''.
                                 <all>
```
#### UNITED STATES of America, Plaintiff-Appellee v. Juan Francisco ELIZONDO-RAMOS, also known as Juan Elizondo, also known as Francisco Elizondo, also known as Juan Francisco Elizondo, also known as Angel Elizondo, also known as Juan F. Elizondo, Defendant-Appellant.

No. 10-50558

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 19, 2011.

*380Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch, Assistant Federal Public Defender, Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

Juan Francisco Elizondo-Ramos (Eli-zondo) appeals the within guidelines sentence imposed following his guilty plea to illegal reentry. Elizondo argues that the sentence was unreasonable because the illegal reentry Guideline, U.S.S.G. § 2L1.2, is not empirically based and, additionally, failed to account for his personal history and characteristics and the seriousness of his offense. Although some of these arguments were raised below, Elizondo did not object to the reasonableness of his sentence; therefore, review may be for plain error only. *See United States v. Peltier,*505 F.3d 389, 391-92 (5th Cir.2007). We need not determine whether plain error review is appropriate in this case, however, because Elizondo is not entitled to relief even assuming he preserved these issues.

Elizondo argues that the presumption of reasonableness should not be afforded his within guidelines sentence because, without empirical basis, § 2L1.2 double-counts criminal history. He correctly concedes that this argument is foreclosed by *United States v. Mondragon-Santiago,*564 F.3d 357, 366-67 (5th Cir. 2009), and raises it to preserve the argument’s further review.

Elizondo’s argument that his sentence is unreasonable because the illegal reentry Guideline is not empirically based was rejected by this court in *United States v. Duarte,*569 F.3d 528, 529-31 (5th Cir.), *cert. denied,*— U.S.-, 130 S.Ct. 378, 175 L.Ed.2d 231 (2009). Insofar as Elizondo argues that his personal history and characteristics entitled him to a piore lenient sentence, “the sentencing judge is in a superior position to find facts and judge their import under [18 U.S.C.] *381§ 3553(a) with respect to a particular defendant.” *United States v. Campos-Maldonado,*531 F.3d 337, 339 (5th Cir.2008). Elizondo’s mere disagreement with the propriety of the sentence imposed does not suffice to rebut the presumption of reasonableness that attaches to a within guidelines sentence. *Cf United States v. Gomez-Herrera,*523 F.3d 554, 565-66 (5th Cir.2008); *United States v. Rodriguez,*523 F.3d 519, 526 (5th Cir.2008).

AFFIRMED.

*

 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.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

November 29, 2005 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh Elizabeth A. Weaver 129255 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 129255 COA: 259009 Saginaw CC: 93-008476-FC KEITH TRENELL TAYLOR, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appe al the June 24, 2005 order of the Court of Appeals is considered, a nd it is DENIED, because the defendant has failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).

d1121 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.

November 29, 2005

Clerk
[No. 67342-4-I.

Division One.

November 5, 2012.]

#### Charles Robert Garner, *Appellant,*v. Hoffman Construction, Inc., *Respondent.*

Appeal from a judgment of the Superior Court for King County, No. 11-2-03501-8, Monica J. Benton, J, entered June 10, 2011 *.Affirmed*by unpublished opinion per

Appelwick, J.,

concurred in by Leach, C.J., and Lau, J.
#### Stephens, governor, *vs.*Montgomery.

Where a homestead has been set apart, ail the beneficiarles are jointly interested in the use of the property, and none of them can sever this use. As one becomes of age or dies, the use survives to the survivors until the homestead ceases by the death or arrival at age of all the beneficiaries, in which event, if the head of the family, whose property was so set apart, survives, he will take the property, discumbered of all use thereof by the former beneficiaries. Pending the joint use, property, set apart under the constitution of 1808, is not subject to levy and sale by virtue of a judgment founded on a contract made by one of the beneficiaries since the adoption of the constitution of 1877, although the head of the family may have died, some of the beneficiares still being minors.

Judgment affirmed.

March 10, 1885.

Blandpord, Justice.

*[_A.fi.fa.*in favor of Stephens, governor, against Mrs. N. E. Montgomery was levied on certain land, and the defendant interposed a claim thereto , alleging that the land did not belong to her individually, but was property which had been set apart to her husband as a homestead, and she was merely a beneficiary. The case was submitted to the presiding judge on an agreed statement of facts, which was, in brief, as follows: The husband of the claimant had the property levied on set apart to him, as the head of a family, as a homestead, under the constitution of 1868. He died, leaving his wife, *the*claimant, and eight children in possession. All of the children have become of age and married, except one, who is a boy of about twenty years of age, and who, with the claimant, is in possession of the land. The claimant is about sixty-five years of age. The *fi. fa.*issued upon a judgment founded upon a contract made by the defendant after the adoption of the constitution of 1877.

The presiding judge held the property not subject, and' the plaintiff in *fi.fa.*excepted.]
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 316 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 316

 To amend the Omnibus Parks and Public Lands Management Act of 1996 to 
   authorize the Secretary of the Interior to enter into cooperative 
  agreements with any of the management partners of the Boston Harbor 
       Islands National Recreation Area, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2009

  Mr. Delahunt (for himself and Mr. Capuano) introduced the following 
     bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To amend the Omnibus Parks and Public Lands Management Act of 1996 to 
   authorize the Secretary of the Interior to enter into cooperative 
  agreements with any of the management partners of the Boston Harbor 
       Islands National Recreation Area, and for other purposes.

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

SECTION 1. COOPERATIVE AGREEMENTS FOR BOSTON HARBOR ISLANDS NATIONAL 
              RECREATION AREA.

    Paragraph (3) of section 1029(d) of the Omnibus Parks and Public 
Lands Management Act of 1996 (16 U.S.C. 460kkk(d)(3)) is amended to 
read as follows:
            ``(3) Cooperative agreements.--The Secretary may consult 
        and enter into one or more cooperative agreements with the 
        Commonwealth of Massachusetts or any political subdivision 
        thereof or with any partnership entity named in subsection 
        (e)(2), to acquire from and provide to the Commonwealth of 
        Massachusetts or its political subdivisions, or any such 
        partnership entity, goods and services to be used in the 
        cooperative management of lands within the recreation area, for 
        construction of park facilities, or any other purpose 
        consistent with the purposes of the recreation area as stated 
        in subsection (a), if the Secretary determines that 
        appropriations or other funds for that purpose are available 
        and that the cooperative agreement is in the best interests of 
        the United States.''.
                                 <all>
```
Exhibit 10.28

EXECUTION VERSION

BONUS AGREEMENT

This BONUS AGREEMENT (this"Agreement")is entered into as of this 14th of September, 2007, by and between
Indalex Holdings Finance, Inc., a Delaware corporation (the "Company") and Jerry Nies
("Employee"), on the following terms and conditions:

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*    *    *    *    *

2

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IN
WITNESS WHEREOF, the parties have executed this Bonus Agreement as of the date first above written.

| |  | Indalex Holdings Finance, Inc.
| |  | ------------------------------
| |  | By:                           
| |  | /s/ Jerry NiesJerry Nies      

Signature Page to Bonus Agreement

3

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