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

----

| (1) | The Quarterly Report on Form 10-Q for the period ending March 31, 2014 of FindEx.com, Inc. (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 FindEx.com, Inc. |
|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | By:    | /s/ Steven Malone                                      |
|--------|--------|--------------------------------------------------------|
|   |   | Steven Malone                                          |
|   |   | President                                              |
|   |   | Chief Executive Officer (Principal Executive Officer)  |
|   |   | Chief Financial Officer (Principal Accounting Officer) |

----

----
Affirmed and Majority and Concurring Memorandum Opinions filed March 

7, 2023.

In The

Fourteenth Court of Appeals

NO. 14-22-00652-CV

IN THE INTEREST OF A.H., L.H., AND A.H., CHILDREN

On Appeal from the 314th District Court

Harris County, Texas

Trial Court Cause No. 2020-01531J

CONCURRING MEMORANDUM OPINION 

I join the majority opinion in affirming the judgment of the trial court and 

the basis for the termination of Mother’s parental rights, with the exception of the 

majority’s conclusion that Mother’s drug use “qualifies as an endangering course 

of conduct” absent proof of such. See In re L.C.L., 599 S.W.3d 79, 85-86 (Tex. 

App.—Houston [14th Dist.] 2020, pet. denied) (en banc); see also Tex. Fam. Code

Ann. § 161.001(b)(1)(E). Here, the evidence presented indicates that Mother’s 

mental health was the cause of the endangering conduct, not the use of narcotics. 

According to the testimony of Renee Hamilton, the CPS caseworker, the reason the 
2

children were in the custody of CPS was the lack of proof of Mother’s compliance

with her medication. Hamilton stated during trial that Mother had not proved “that 

she can have consistent medication management, which was very important and 

also tied to the reason the children are in custody.” Although Mother tested 

positive for drugs in violation of the Family Service Plan, there was no evidence 

adduced that Mother used drugs in front of the children, or that her drug use, rather 

than her mental state, was the cause of endangerment to the children. 

/s/ Margaret “Meg” Poissant

Justice

Panel consists of Justices Wise, Jewell, and Poissant. (Wise, J., majority).
#### Robert O’Malley, Respondent, v Michael Ruggiero, Appellant.

[667 NYS2d 531]

—Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff attempted to exercise an option to renew his lease with defendant after it had expired. After his attempt was rejected by defendant, plaintiff commenced this action seeking judgment declaring that he duly exercised the option to renew the lease and an injunction prohibiting defendant from commencing a proceeding to recover possession of the leased premises or otherwise interfering with plaintiff’s quiet enjoyment of the premises.

Defendant moved and plaintiff cross-moved for summary judgment. Supreme Court denied defendant’s motion, granted plaintiffs motion and granted judgment declaring that plaintiff duly exercised the option to renew. We conclude that the court erred and that neither party is entitled to summary judgment.

The general rule is that a tenant who fails to exercise an option to renew a lease in a timely manner “is without a remedy at law” *(Dan’s Supreme Supermarkets v Redmont Realty Co.,*240 AD2d 460, 461; *see, J. N. A. Realty Corp. v Cross Bay Chelsea,*42 NY2d 392, 396-397). Equity will intervene, however, to relieve a tenant from the consequences of an untimely renewal notice where (1) the tenant’s failure or delay was the result of inadvertence or an honest mistake, (2) the tenant made valuable and substantial improvements to the leased premises with the intent to renew the lease, (3) the non-renewal would result in a substantial loss to the tenant, and (4) the landlord would not be prejudiced by the delay in notice of renewal *(see, Dutchess Radiology Assocs. v Narotzky,*192 AD2d 1049; *see also, Nanuet Natl. Bank v Saramo Holding Co.,*153 AD2d 927, 928, *lv denied*75 NY2d 705).

The initial burden of plaintiff on his cross motion was to establish entitlement to judgment as a matter of law with respect to all four factors necessary to warrant equity’s intervention *(see, Zuckerman v City of New York,*49 NY2d 557, 562). Even assuming, arguendo, that he did so, issues of fact are raised at least concerning the second factor, the extent of plaintiffs improvements to the leased premises, and the court *1130erred in granting the cross motion. We reject the contention of defendant that his motion should have been granted, however. Defendant failed to meet his initial burden of establishing entitlement to judgment as a matter of law with respect to factors one, three and four, and plaintiff raised issues of fact with respect to factor two.

We therefore modify the order and judgment by deleting that portion of the first decretal paragraph that granted plaintiffs motion for summary judgment and by deleting the second and third decretal paragraphs. (Appeal from Order and Judgment of Supreme Court, Onondaga County, Tormey, III, J.—Summary Judgment.) Present—Denman, P. J., Green, Pine, Balio and Fallon, JJ.
Exhibit 32.1





Certification of the Chief Executive Officer pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





In connection with the annual report of AGR Tools, Inc. (the "Company") on Form 10-K for the period ended June 30, 2010 as filed with the Securities and Exchange Commission (the "Report"), the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my 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.






Dated:  September 28, 2010





By:        /s/ Rock Rutherford


Rock Rutherford


President and Chief Executive Officer
Exhibit 32



Certification Pursuant to 18 U.S.C. Section 1350



In connection with the Quarterly Report on Form 10-Q of Intermix Media, Inc. (the Company) for the quarter ended September 30, 2004 as filed with the SEC on
or about the date hereof (the Report), the undersigned, Richard M. Rosenblatt, as Chief 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.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



A signed original of this written statement has been provided to the Company and will be
retained by the Company and furnished to the SEC or its staff upon request.



|                        |  |  |  |                                                      
|----------------------- |  |  |  | -----------------------------------------------------
|Date: November 11, 2004 |  |  |  | /s/ Richard M. Rosenblatt                            
|                        |  |  |  | Richard M. Rosenblatt                                
|                        |  |  |  | Chief Executive Officer (Principal Executive Officer)
|                        |  | 
|Date: November 11, 2004 |  |  |  | /s/ Thomas J. Flahie                                 
|                        |  |  |  | Thomas J. Flahie                                     
|                        |  |  |  | Chief Financial Officer                              
|                        |  |  |  | (Principal Financial Officer)
```

[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Page 49859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23365]

=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

Advisory Committee on Reactor Safeguards (ACRS); Meeting of the 
ACRS Subcommittee on Planning and Procedures; Notice of Meeting

    The ACRS Subcommittee on Planning and Procedures will hold a 
meeting on November 1, 2017, 11545 Rockville Pike, Room T-2B3, 
Rockville, Maryland 20852.
    The meeting will be open to public attendance.
    The agenda for the subject meeting shall be as follows:

Wednesday, November 1, 2017--12:00 p.m. Until 1:00 p.m.

    The Subcommittee will discuss proposed ACRS activities and related 
matters. The Subcommittee will gather information, analyze relevant 
issues and facts, and formulate proposed positions and actions, as 
appropriate, for deliberation by the Full Committee.
    Members of the public desiring to provide oral statements and/or 
written comments should notify the Designated Federal Official (DFO), 
Quynh Nguyen (Telephone 301-415-5844 or Email: [email protected]) 
five days prior to the meeting, if possible, so that arrangements can 
be made. Thirty-five hard copies of each presentation or handout should 
be provided to the DFO thirty minutes before the meeting. In addition, 
one electronic copy of each presentation should be emailed to the DFO 
one day before the meeting. If an electronic copy cannot be provided 
within this timeframe, presenters should provide the DFO with a CD 
containing each presentation at least thirty minutes before the 
meeting. Electronic recordings will be permitted only during those 
portions of the meeting that are open to the public. Detailed 
procedures for the conduct of and participation in ACRS meetings were 
published in the Federal Register on October 4, 2017 (82 FR 46312).
    Information regarding changes to the agenda, whether the meeting 
has been canceled or rescheduled, and the time allotted to present oral 
statements can be obtained by contacting the identified DFO. Moreover, 
in view of the possibility that the schedule for ACRS meetings may be 
adjusted by the Chairman as necessary to facilitate the conduct of the 
meeting, persons planning to attend should check with the DFO if such 
rescheduling would result in a major inconvenience.
    If attending this meeting, please enter through the One White Flint 
North building, 11555 Rockville Pike, Rockville, Maryland 20852. After 
registering with Security, please contact Mr. Theron Brown at 240-888-
9835 to be escorted to the meeting room.

Mark L. Banks,
Chief, Technical Support Branch, Advisory Committee on Reactor 
Safeguards.
[FR Doc. 2017-23365 Filed 10-26-17; 8:45 am]
BILLING CODE 7590-01-P
```
Exhibit 32.1



CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report ofBig Cat Energy Corporation(the "Company") on Form 10-QSB for the period end ofJuly 31, 2007as filed with the Securities and Exchange Commission on the date here of (the "report"), I,Timothy Barritt, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and                                
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------
|   
|(2) | The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|   
|    | Dated this 13thday of September, 2007.                                                                                                               
|   

TIMOTHY BARRITTTimothy BarrittPresident and Chief Executive Officer





















---
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan



### June 6, 2007 Clifford W. Taylor, Chief Justice


### 131744 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan 

### SCOTT BEVIS, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices



### v SC: 131744 COA: 266266 Oakland CC: 2004-056039-NH RICHARD S. BARTHOLOMEW, D.O., Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the June 20, 2006 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the question presented shou ld be reviewed by this Court.

s0530 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.

June 6, 2007

Clerk
CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350  In connection with the accompanying Quarterly Report On Form 10-QSB of Viva International, Inc. for the Period Ended March 31, 2005, I, Syed A. Hasan, Chief Executive Officer and I Robert J. Scott Chief Financial Officer of Viva International, Inc. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:   1.
Such Quarterly Report on Form 10-QSB for the period ended March 31, 2005, fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and2.
The information contained in such Quarterly Report on Form 10-QSB for the period ended March 31, 2005, fairly presents, in all material respects, the financial condition and results of operations of Viva International, Inc.  Dated: May 25, 2005  VIVA INTERNATIONAL, INC.   /s/
Robert J. Scott

Robert J. Scott

Chief Financial Officer/s/
Syed A. Hasan

Syed A. Hasan

Chief Executive Officer &

Board member
* 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

Fifth Circuit

FILED

January 26, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-10556

Summary Calendar

 

RICKY A. GRAHAM,

Plaintiff-Appellant,

versus

JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,

Defendant-Appellee.

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

Appeal from the United States District Court

for the Northern District of Texas

(2:01-CV-51)

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

Before WIENER, BENAVIDES, AND STEWART, Circuit Judges. 

PER CURIAM:*

Defendant-Appellant Ricky A. Graham appeals the district

court’s judgment affirming the Social Security Commissioner’s

decision to deny disability benefits. He argues that the

determination by the Administrative Law Judge (ALJ) that he did not

meet or equal the criteria of any impairments listed in Appendix 1,

20 C.F.R. Part 404 was not supported by substantial evidence.

Graham contends that he met the requirements for establishing the

affective disorder of depression under 20 C.F.R. Pt. 404, Subpt. P,
2

App. 1, § 12.04. We have reviewed the record and the parties’

briefs and conclude that ALJ’s determination that Graham’s

depression did not meet or equal the criteria of any impairments

listed in Appendix 1, 20 C.F.R. Part 404 is supported by

substantial evidence. See Anthony v. Sullivan, 954 F.2d 289, 292

(5th Cir. 1992); Villa v. Sullivan, 895 F.2d 1019, 1021-22 (5th

Cir. 1990). The ALJ was not required to give precedence to

subjective evidence over objective evidence which showed that

Graham’s depression was not disabling. Anthony, 954 F.2d at 295-

96. Further, no doctor testified that Graham was disabled as a

result of his alleged depression. Vaughan v. Shalala, 58 F.3d 129,

131 (5th Cir. 1995). 

Moreover, Graham’s testimony regarding his daily activities

was inconsistent with his claimed limitations. Reyes v. Sullivan,

915 F.2d 151, 154-155 (5th Cir. 1990). Finally, medical records

showed that Graham was prescribed Wellbutrin and that he was

responding well to the medication. See Johnson v. Bowen, 864 F.2d

340, 348 (5th Cir. 1988). The judgment of the district court is 

AFFIRMED.
Ho. -i?-n- no.,^-cV

1/ j FILED ,NCOURTOFAPPEALS IHa->> 3• i-hy\t ?Au nh> ^^ LOW Mice of WMS S&vj "f'% „ i, 

### IrUf <*»* toi.-3'V L~' ^fhxtfoh toWfe .< *^ ,n ^^ ^^ ^^
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 Amended Annual Report of So Act Network, Inc. (the
“Company”) on Form 10-K/A for the year ended December 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Greg
Halpern, Chief Executive Officer and 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 requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934; and2.
            The
      information contained in the Annual Report fairly presents, in all
      material respects, the financial condition and result of operations of So
      Act Network, Inc.




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.




SO ACT
NETWORK, INC.




By:
            /s/
      Greg HalpernGreg
      HalpernChief
      Executive Officer,
              Chief
      Financial Officer,




Date:
August 7, 2009
STRATS Trust For Procter & Gamble Securities, Series 2006-1 - 10-K



Exhibit
31.1



CERTIFICATION



I,
Barbara Garafalo, 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 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 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.



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 29, 2019 | By: | /s/ Barbara Garafalo                                     
|--------------------- | --- | ---------------------------------------------------------
|                      |     | Barbara Garafalo                                         
|                      |     | Vice President                                           
|                      |     | (senior officer of depositor in charge
of securitization)
|                      |
#### In re Michael Peter SPITZAUER, Debtor. Michael Peter Spitzauer, Appellant, v. Exoterm Holding D.D.; et al., Appellees.

No. 12-60045.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 21, 2014.*

Filed Jan. 27, 2014.

John R. Scannell, Seattle, WA, for Appellant.

Michael Peter Spitzauer, Kennewick, WA, pro se.

Darcie E.C. Durr, Esquire, Erin Elia-sen, Esquire, Stevan D. Phillips, Stoel Rives, LLP, Seattle, WA, Eric Daniel Gil-man, Gordon Thomas Honeywell LLP, Bradley B. Jones, Esquire, Gordon Thomas Honeywell LLP, Tacoma, WA, Frederick Mendoza, Esquire, Burien, WA, for Appellees.

*733Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.

*

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

MEMORANDUM **

Michael Peter Spitzauer appeals from the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the bankruptcy court’s order denying his second motion to extend time to file a notice of appeal. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo BAP decisions, and apply the same standard of review that the BAP applied to the bankruptcy court’s ruling. *Boyajian v. New Falls Corp. (In re Boyajian),*564 F.3d 1088, 1090 (9th Cir.2009). We affirm.

The bankruptcy court correctly denied Spitzauer’s extension request because, even assuming a showing of excusable neglect, Spitzauer failed to file his request within the 21 day period. *See*Fed. R. Bankr.P. 8002(c)(2) (time to appeal may be extended upon a showing of excusable neglect only by motion filed not later than 21 days after the expiration of the time for filing a notice of appeal); *see also Slimick v. Silva (In re Slimick),*928 F.2d 304, 306 (9th Cir.1990) (“Although Rule 8002 thus incorporates some flexibility, we strictly enforce its time provisions.”).

We do not consider any of Spitzauer’s arguments that address the merits of his claim. *See Saunders v. Band Plus Mortg. Corp. (In re Saunders),*31 F.3d 767, 767 (9th Cir.1994) (per curiam) (this court lacks jurisdiction to consider the merits of a claim where an appeal to the BAP was untimely).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.