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-                   Secretary of Labor v. Wolf Run Mining Company Docket No. No.WEVA 2006-853.              

#   Secretary of Labor v. Wolf Run Mining Company Docket No. No.WEVA 2006-853.

meeting_062110.pdf

meeting070110.mp3

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### The Federal Mine Safety and Health Review Commission

#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: 771-210-1887 TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
**FEDERALMINE SAFETY AND HEALTH REVIEW COMMISSION**

 

SUNSHINE ACT NOTICE

 

TIMEAND DATE:                10:00 a.m., Wednesday, May 27, 2020

 

PLACE:                                  Thisargument will be conducted through a videoconference involving allCommissioners. Any person wishing to listen to the proceedings may call thenumber listed below.

 

STATUS:                                Open

 

MATTERSTO BE 

CONSIDERED:                      TheCommission will hear oral argument in the matter *Secretary of Labor v. NorthshoreMining Co.,*Docket Nos. LAKE 2017-224, et al. (Issues include whether theJudge erred in concluding that a violation of the walkway standard resultedfrom an unwarrantable failure and the operator’s reckless disregard.)

 

 

Any person attending this oral argument who requiresspecial accessibility features and/or auxiliary aids, such as sign languageinterpreters, must inform the Commission in advance of those needs. Subject to29 C.F.R. § 2706.150(a)(3) and § 2706.160(d).

 

 

CONTACTPERSON 

FOR MORE INFO:                 EmogeneJohnson (202) 434-9935 / (202) 708-9300 for TDD

                                                Relay/ 1-800-877-8339 for toll free.

 

PHONE NUMBER

FOR LISTENING TO 

MEETING:                             1-(866)236-7472

                                                Passcode:678-100

 

Authority: 5 U.S.C. 552b

 

Dated: May 14, 2020

 

 

                                                __________________________________

                                                SarahL. Stewart

                                                DeputyGeneral Counsel

 

 

BillingCode 6735-01
Electronically Filed

Intermediate Court of Appeals

CAAP-18-0000892

04-FEB-2020

07:48 AM
Order entered October 4, 2021

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-10-01279-CV

YNM CORPORATION, Appellant

V.

MANAGEMENT SOLUTIONS, INC., BOCA RATON APARTMENTS, 

LLC, DIXIE WINDS, LLC, AND WENDELL A. JACOBSON, Appellees

On Appeal from the 160th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-08-14127

ORDER

This appeal was reinstated September 1, 2021 after being removed from 

submission and abated as a result of two of the appellees being placed in 

receivership. Before the Court is appellee Wendell A. Jacobson’s September 27, 

2021 motion for time to hire counsel.

We GRANT the motion to the extent that any designation of counsel shall 

be filed no later than November 3, 2021.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE
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-                   Pocahontas Coal Company, LLC              

#   Pocahontas Coal Company, LLC

On August 28, 2018, the Commission issued an Order vacating its direction for review in *Pocahontas Coal Company, LLC*, Docket No. WEVA 2014-1028 et al.    

Commission-Order(Pocahontas Coal Company, LLC)WEVA 2014-0395-R et al.pdf

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### The Federal Mine Safety and Health Review Commission

#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: (202)434-9900TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

601 NEW JERSEY AVENUE, NW
 

SUITE 9500
 

WASHINGTON, DC 20001
 

October 10, 2007 

TIME AND DATE: 10:00 a.m., Tuesday, October 23, 2007 

PLACE:	 The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey 

Avenue, N.W., Washington, D.C. 

STATUS: Open 

MATTERS TO BE 

CONSIDERED:	 The Commission will hear oral argument in the matters Secretary of 

Labor v. Emerald Coal Resources, LP, Docket No. PENN 

2007-251-E, and Secretary of Labor v. Cumberland Coal Resources, 

LP, Docket No. PENN 2007-252-E. (Issues include whether the 

Administrative Law Judge erred in upholding the Secretary’s decision 

to require that the operators’ Emergency Response Plans (ERPs) 

contain provisions mandating that the operators provide purchase 

orders for rescue chambers.) 

Any person attending this oral argument who requires special 

accessibility features and/or auxiliary aids, such as sign language 

interpreters, must inform the Commission in advance of those needs. 

Subject to 29 C.F.R. § 2706.150(a)(3) and § 2706.160(d). 

CONTACT PERSON 

FOR MORE INFO: Jean Ellen (202) 434-9950 / (202) 708-9300 for TDD Relay / 

1-800-877-8339 for toll free.
* 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

February 7, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50579

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JORGE VICENTE DE LA CERDA-MENCHACA, 

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas 

USDC No. 2:05-CR-705-ALL

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

Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Jorge Vicente De

La Cerda-Menchaca raises arguments that are foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998),

which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and

not a separate criminal offense. The Government’s motion for

summary affirmance is GRANTED, and the judgment of the district

court is AFFIRMED.
DISMISS and Opinion Filed August 8, 2023 

# S

In The 

### Court of Appeals Fifth District of Texas at Dallas No. 05-23-00447-CV AUTOPEDIA INC., Appellant V. TWONYA MADLOCK, Appellee On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-11969 MEMORANDUM OPINION Before Justices Nowell, Goldstein, and Breedlove Opinion by Justice Nowell This appeal was filed by Homayoon Samii, appellant’s registered agent and owner. Because the Texas Supreme Court has stated that only a licensed attorney may represent a corporation in court, and nothing before us reflected Mr. Samii is a licensed attorney, we notified appellant by letter that the appeal was subject to dismissal unless it retained counsel within thirty days. See Kunstoplast of Am., Inc. v. Formosa Plastics Corp. , 937 S.W.2d 455, 456 (Tex. 1996) (per curiam). More than thirty days have passe d, and appellant has not co mplied. Accordingly, we dismiss the appeal. See T EX

. R. A PP

. P. 42.3(c); Earth Energy Util. Corp. v.–2– Environmentally Engineered Equip., Inc. . 05-10-01610-CV, 2012 WL 4845658 (Tex. App.—Dallas Oct. 10, 20 12, no pet.) (dismissing appeal for failure of appellant corporation to notify court it had retained counsel).

230447F.P05 /Erin A. Nowell / ERIN A. NOWELL JUSTICE–3– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT AUTOPEDIA INC., Appellant

No. 05-23-00447-CV V. TWONYA MADLOCK, Appellee On Appeal from the 192nd Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-22-11969. Opinion delivered by Justice Nowell, Justices Goldstein and Breedlove participating.
In accordance with this Court’ s opinion of this date, we DISMISS the appeal.
We ORDER that appellee Twonya Madlock recove r her costs, if any, of this appeal from appellant Autopedia Inc.
Judgment entered August 8, 2023.
74 A.3d 1027

#### David BRUNO and Angela Bruno, Husband and Wife and Anthony Gotti Bruno and McKayla Marie Blake, by their Parents and Legal Guardians, David Bruno and Angela Bruno, Petitioners v. ERIE INSURANCE COMPANY, Rudick Forensic Engineering, Inc., Theresa Pitcher and Marc Pitcher, Respondents.

Supreme Court of Pennsylvania.

Sept. 11, 2013.

*ORDER*

PER CURIAM.

AND NOW, this 11th day of September, 2013, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:

> *1331. Does the “gist of the action” doctrine bar recovery on the Brunos’ negligence claim against Erie Insurance Company (“Erie” or “Insurer”) where their claim was not based on the underlying insurance contract or Erie’s obligations thereunder, but instead upon independent, affirmative, and gratuitous acts and omissions of the Insurer and its expert agent/contractor when they summarily and without analysis or testing told Mr. Bruno that the mold infestation in the home was not dangerous and described the dangers of mold as a media exaggeration?

> 2. In promulgating Rule 1042.1 et. seq. of the Pennsylvania Rules of Civil Procedure, did this Honorable Court, by the plain language used, require that only patients or clients of a negligent professional be obligated to file a Certificate of Merit, and was it therefore error for the Courts below to dismiss the Brunos’ professional negligence claim against Defendant, Rudick Forensic Engineering, Inc. (“Rudick” or “Contractor”), because they were neither patients nor clients of Rudick?
**EXHIBIT 32   CERTIFICATION PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  (18 U.S.C. SECTION 1350)**

The undersigned, Patrick E. Paddon, Chief Executive Officer  of California First National Bancorp (the "Company"), and S. Leslie  Jewett, Chief Financial Officer of the Company, do each hereby certify, pursuant  to 18 U.S.C. §1350, that:

> 
(i)  the annual report on Form 10K of the Company (the    "Report) fully complies with the requirements of section 13(a) and 15(d)    of the Securities Exchange Act of 1934; and

(ii)  the information contained in the Report fairly    presents, in all material respects, the financial condition and results of    operations of the Company.

Patrick E. Paddon /s/  Patrick E. Paddon  Chief Executive OfficerS. Leslie Jewett /s/  S. Leslie Jewett  Chief Financial Officer   Dated: September 27, 2004

*A signed original of this written statement required by Section 906 has been provided to California First National Bancorp and will be retained by California First National Bancorp and furnished to the Securities and Exchange Commission or its staff upon request.*

*The forgoing certification is being furnished to the Securities and Exchange Commission pursuant to Section 18 U.S.C. Section 1350. It is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.*
**Exhibit 31.1****CERTIFICATION BY THEODORE M. PROCIV PURSUANT TO****SECURITIES EXCHANGE ACT RULE 13a-14**I, Theodore M. Prociv, of Versar, Inc., certify that:1. I have reviewed this annual report on Form 10-K of Versar, Inc. (the “Registrant”); 2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect tothe period covered by this report; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flowsof the Registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and we have: a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and  c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter inthe case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions): a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and  b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internalcontrol over financial reporting.Date:September 26, 2007      /S/ Theodore M. Prociv   Theodore M. Prociv   President and Chief Executive Officer      
36
**Exhibit 31.2**

 

CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO RULE 13A-14(A) UNDER THE SECURITIES 

EXCHANGE ACT OF 1934 AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 

 

I, John D. Hiestand, certify that: 

 

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

 

2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state amaterial 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 financialinformation 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 officer and I are responsible forestablishing 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 consolidatedsubsidiaries, 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 thisquarterly 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 officer and I have disclosed, based on our most recent evaluation, to theregistrant’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.

 

Date: August 4, 2004
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-                   Secretary of Labor v. The American Coal Company              

#   Secretary of Labor v. The American Coal Company

American LAKE 2011-13 Argument Notice 7-12-16.pdf

American LAKE 2011-13 Argument Notice 7-12-16.htm

Secretary of Labor v. The American Coal Company Docket LAKE2011-13.mp3

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### The Federal Mine Safety and Health Review Commission

#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: (202)434-9900TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov