alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued February 23, 2023

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 2 2
- 00 867
- CV

——————————— IN RE FEDEX GROUND PACK AGE SYSTEM, INC., O’BRIEN INTEREST, INC., AND SHANNON WILKERSON , Relator s

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION
R elator s, FedEx Ground Package System, Inc., O’Brien Interest, Inc., and
Shannon Wilkerson , filed a petition for writ of mandamus challenging the trial court’s “Order Denying [Relators’] Motion for Leave to Designate Responsible Third Party

. ” 1 In t he i r mandamus petition, relators argue that the trial court abused

1 The underlying case is Roberto Ramirez v. FedEx Ground Package System, Inc., O’Brien Interest, Inc., Shannon Wilkerson, and Jim McCord , Cause No.2

its discretion by denying t he i r motion for leave to designate Jim McCord as a responsible third party pursuant to Texas Civil Practice and Remedies Code Chapter
33

. See T EX
. C IV
. P RAC
. & R EM
. C ODE A NN
. § 33.004. On February 9 , 2023, relators filed a motion to voluntarily dismiss their petition for writ of mandamus, stating that th e relief requested in their petition for writ of mandamus ha d effectively been rendered moot because “[i]n his response,” real party in interest, Roberto Ramirez, “appear [red] to now concede [tha t] Jim McCord’s fault must be submitted for apportionment.” Accordingly, relators “seek to voluntarily dismiss their [p]etition for [w]rit of [m]andamus.” See T EX
. R. A PP
. P. 52.8(a). Relators’ motion does not include a certificate of conference, but i t states that “[b]ecause th [e] motion does not prevent [Ramirez] from seeking any relief to which [he] would otherwise be entitled, [Ramirez’s] consent or conference is not required

. ” The Texas Rules of Appellate Procedure require that a party filing a motion in a civil case include a “certificate stating that the filing party conferred, or made a reasonable attempt to confer, with all other parties about the merits of the motion and whether those parties oppose the motion.” See T EX
. R. A PP
. P. 10.1(a)(5). The rules do not include an exception to the requirement to confer for situations where the motion

2019

- 74906 , in the 3 34 th District Court of Harris County, Texas, the Honorable Dawn Rogers presiding.3

does not prevent the other parties from seeking relief to which [they] would otherwise be entitled. However, on February 9, 2023, Ramirez filed a response to relators’ motion to dismi ss , stating that he “does not oppose the motion.” See T EX
. R. A PP
. P. 10. 1(b ). Accordingly, we grant relators’ motion and dismiss the petition. We dismiss
any pending motions as moot

. PER CURIAM Panel consists of Justices Hightower, Rivas

- Molloy, and Farris

.
Exhibit 32.1



CERTIFICATION1



Pursuant to the requirements set forth in
Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the Exchange Act), and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350), Daniel V. Santi, M.D., Ph.D., the Chief Executive Officer
of Kosan Biosciences Incorporated (the Company), and Susan M. Kanaya, the Chief Financial Officer of the Company, each hereby certifies that, to his or her knowledge:



1.The Companys Annual Report on Form 10-K for the year ended December 31, 2003, to which this Certification is attached as
Exhibit 32.1 (the Periodic Report), fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act; 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 periods
covered by the Periodic Report and the results of operations of the Company for the periods covered by the Periodic Report.



In Witness Whereof, the undersigned have set their hands hereto as of the 12th day of March, 2004.



|                                 |  |                        
|-------------------------------- |  | -----------------------
|/s/ Daniel V. Santi, M.D., Ph.D. |  | /s/ Susan M. Kanaya    
|Daniel V. Santi, M.D., Ph.D.     |  | Susan M. Kanaya        
|Chief Executive Officer          |  | Chief Financial Officer

---

1A signed original of this written statement required by Section 906 has been provided to Kosan and will be retained by Kosan and furnished to the Securities
and Exchange Commission or its staff upon request. This certification "accompanies" the Form 10-K to which it relates, is not deemed filed with the SEC and is not to be incorporated by reference into any of Kosan's filings under the Securities Act
of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of this Form 10-K), irrespective of any general incorporation language contained in such filing.
<PAGE>
                                                                    EXHIBIT 99.4

                WRITTEN STATEMENT OF THE CHIEF FINANCIAL OFFICER
                CERTIFICATION PURSUANT TO 18 U.S.C SECTION 1350,

In connection with Catuity, Inc. (the "Company") Annual Report on Form 10-K for
the year ended December 31, 2002 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, John H. Lowry, certify pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

(1)   The Reports 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.


Date: 03/27/03
                                        /s/ John H. Lowry
                                        ------------------------------
                                        John H. Lowry
                                        Chief Financial Officer
[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Notices]
[Page 65227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25070]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--International Institute of Ammonia 
Refrigeration

    Notice is hereby given that, on September 20, 2004, pursuant to 
section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), International Institute of 
Ammonia Refrigeration (``IIAR'') has filed written notifications 
simultaneously with the Attorney General and the Federal Trade 
Commission disclosing (1) the name and principal place of business of 
the standard development organization and (2) the nature and scope of 
its standards development activities. The notifications were filed for 
the purpose of invoking the Act's provisions limiting the recovery of 
antitrust plaintiffs to actual damages under specified circumstances.
    Pursuant to section 6(b) of the Act, the name and principal place 
of business of the standards development organization is: International 
Institute of Ammonia Refrigeration, Arlington, VA. The nature and scope 
of IIAR's standards development activities are: To develop, plan, 
establish, coordinate and publish voluntary consensus standards 
applicable to the field of the design, construction, installation and 
use of ammonia mechanical refrigeration systems. Specifically, IIAR 
develops, plans, establishes, coordinates and publishes voluntary 
consensus standards in the form of industry standards, technical 
bulletins, and regulatory guidelines covering topics including 
equipment, design and installation of ammonia mechanical refrigeration 
systems; product integrity of ammonia refrigeration valves and 
strainers; training guidelines for operators of ammonia refrigerating 
systems; technical guidance addressing topics such as good practices, 
safety procedures and information, operating procedures, water 
contamination, and machinery room ventilation; and guidelines for 
compliance with regulatory requirements governing Process Safety 
Management and Risk Management.

Dorothy B. Fountain,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 04-25070 Filed 11-9-04; 8:45 am]
BILLING CODE 4410-11-M
§ 792.206 Payment of subsidies. ( a ) Payment of child care subsidies must be made directly to child care providers, unless one of the following exceptions applies: ( 1 ) In overseas locations, the agency may pay the employee if the provider deals only in foreign currency.
( 2 ) In unique circumstances, an agency may obtain written permission from OPM to pay the employee directly.
( b ) An agency may make advance payments to a child care provider in certain circumstances, such as when the provider requires payment up to one month in advance of rendering services. An agency may not make advance payments for more than one month before the employee receives child care services except where an agency has contracted with another entity to administer the child care subsidy program, in which case the agency may advance payments to the entity administering the program as long as the requirements in § 792.205(b) are met.
### §127. National Korean War Veterans Armistice Day

(a) Designation.—July 27 of each year until 2003 is National Korean War Veterans Armistice Day.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on—

(1) the people of the United States to observe National Korean War Veterans Armistice Day with appropriate ceremonies and activities; and

(2) all departments, agencies, and instrumentalities of the United States Government, and interested organizations, groups, and individuals, to fly the flag of the United States at halfstaff on July 27 of each year until 2003 in honor of the individuals who died as a result of their service in Korea.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 127(a) | 36:169m (words before "and the President"). | July 27, 1995, Pub. L. 104–19, title II, §2005, 109 Stat. 247. |
| 127(b) | 36:169m (words after "Armistice Day' "). | |

Section

In subsection (b)(2), the words "departments, agencies, and instrumentalities" are substituted for "departments and agencies of the United States" for consistency in the revised title and with other titles of the United States Code.
### §129. National Pearl Harbor Remembrance Day

(a) Designation.—December 7 is National Pearl Harbor Remembrance Day.

(b) Proclamation.—The President is requested to issue each year a proclamation calling on—

(1) the people of the United States to observe National Pearl Harbor Remembrance Day with appropriate ceremonies and activities; and

(2) all departments, agencies, and instrumentalities of the United States Government, and interested organizations, groups, and individuals, to fly the flag of the United States at halfstaff each December 7 in honor of the individuals who died as a result of their service at Pearl Harbor.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1260.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 129(a) | 36:169l (words before "and the President"). | Aug. 23, 1994, Pub. L. 103–308, 108 Stat. 1669. |
| 129(b) | 36:169l (words after "Remembrance Day' "). | |

Section

In subsection (b)(2), the words "departments, agencies, and instrumentalities of the United States Government" are substituted for "Federal agencies" for consistency in the revised title and with other titles of the United States Code.
|  |
|--|

|  |  | Hearing: The Impact of Organized  Crime and Corruptionon Democratic and Economic Reform**Commission on Security and Cooperation in Europe**March 23, 2000**Official Transcript:**    Click here to access  file. **Witness List:****Name****Title****Affiliation**James WeberDeputy Assistant DirectorInvestigative Service DivisionRob BooneDeputy Assistant Secretary of State Bureau for International Narcotics and Law EnStatement of Honorable Ben Nighthorse CampbellCo-ChairmanHelsinki CommissionStatement of Honorable Christopher H. SmithChairmanHelsinki Commission  **Related Issues:** - Economic Cooperation Combating Corruption
Press Release:
Helsinki Commission Hearing onThe Impact of Organized Crime andCorruption on Democratic and EconomicReform Announced
 (
March 16, 2000
) |
|--|--|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
No. IV-09-017 

Contact: Victor Dricks 

Phone: (817) 860-8128 

 

 May 15, 2009 

 E-Mail: opa4@nrc.gov

NRC TO DISCUSS 2008 PERFORMANCE ASSESSMENT 

 FOR SOUTH TEXAS PROJECT NUCLEAR PLANT 

The Nuclear Regulatory Commission staff will hold a public meeting in Bay City, Texas, 

on June 3, with representatives of South Texas Project Nuclear Operating Co., to discuss the 

agency=s 2008 assessment of safety performance for the South Texas Project nuclear plant. 

The meeting, which will be open to the public, is scheduled to begin at 6:30 p.m. at the 

Bay City Civic Center, 201 Seventh St., Bay City. 

During the meeting, the NRC staff will be available to answer questions from the public 

on the safety performance of South Texas Project, as well as the NRC=s role in ensuring safe 

plant operation. 

 AThe NRC continually reviews the performance of South Texas Project and the nation=s 

other commercial nuclear power facilities,@ NRC Region IV Administrator Elmo E. Collins said. 

AThis meeting will provide an opportunity for a discussion of our annual assessment of safety 

performance with the company and with local officials and residents who live near the plant.@

A letter sent from the NRC Region IV office to plant officials addresses the performance 

of the plant during 2008 and will serve as the basis for the meeting discussion. It is available on 

the NRC web site at: 

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/stp_2008q4.pdf . 

The NRC said South Texas Project operated safely during 2008 and will receive the 

detailed inspection regime during 2009 used by the NRC for plants that are operating well. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Region IV 

 612 E. Lamar Blvd., Suite 400 

 Arlington, TX 76011-4125 

Telephone: (817) 860-8128 
These inspections are performed by two NRC Resident Inspectors assigned to the plant 

and by inspection specialists from the Region IV Office in Arlington, Texas. 

Current performance information for South Texas Project Unit 1 is available on the NRC 

web site at: http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/STP1/stp1_chart.html . Current 

performance information for Unit 2 is available at: 

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/STP2/stp2_chart.html . 

 ### 

 

 NRC news releases are available through a free list serve subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html . The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

RICHARD R. CZERWINSKI,

Appellant,

v.

MALGORZATA BOCHNAK as Personal Representative of the

ESTATE OF RICHARD CZERWINSKI,

Appellee.

No. 4D21-3427

[March 16, 2023]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Michael A. Robinson, Judge; L.T. Case No. CACE16-

21599.

Morgan L. Weinstein of Twig, Trade, & Tribunal, PLLC, Fort Lauderdale, 

for appellant.

Ronald A. Luzim of the Law Offices of Ronald A. Luzim, P.A., Coral 

Springs, for appellee.

PER CURIAM.

Affirmed.

KLINGENSMITH, C.J., DAMOORGIAN and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
### §40504. Grants for the assistance of organizations to find missing adults

#### (a) In general

The Attorney General may make grants to public agencies or nonprofit private organizations, or combinations thereof, for programs—

(1) to assist law enforcement and families in locating missing adults;

(2) to maintain a national, interconnected database for the purpose of tracking missing adults who are determined by law enforcement to be endangered due to age, diminished mental capacity, or the circumstances of disappearance, when foul play is suspected or circumstances are unknown;

(3) to maintain statistical information of adults reported as missing;

(4) to provide informational resources and referrals to families of missing adults;

(5) to assist in public notification and victim advocacy related to missing adults; and

(6) to establish and maintain a national clearinghouse for missing adults.

#### (b) Regulations

The Attorney General may make such rules and regulations as may be necessary to carry out this title.1

(Pub. L. 106–468, title I, §101, formerly §2, Nov. 9, 2000, 114 Stat. 2027; renumbered title I, §101, and amended Pub. L. 115–401, §2(1)–(3), Dec. 31, 2018, 132 Stat. 5336.)

#### **Editorial Notes**

#### References in Text

This title, referred to in subsec. (b), is title I of Pub. L. 106–468, Nov. 9, 2000, 114 Stat. 2027, which enacted this section and provisions set out as a note under this section. For complete classification of title I to the Code, see Tables.

#### Codification

Section was enacted as part of Kristen's Act, and not as part of Jennifer's Law which comprises this chapter.

Section was formerly classified to section 14665 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

#### Amendments

2018—Subsec. (b). Pub. L. 115–401 substituted "this title" for "this Act".

#### **Statutory Notes and Related Subsidiaries**

#### Authorization of Funding

Pub. L. 106–468, title I, §102, formerly §3, Nov. 9, 2000, 114 Stat. 2028, renumbered title I, §102, and amended by Pub. L. 115–401, §2(1), (2), (4), Dec. 31, 2018, 132 Stat. 5336; Pub. L. 116–277, §2(b), Dec. 31, 2020, 134 Stat. 3370, provided that: "To the extent provided in advance in appropriations Acts, the Attorney General is authorized to use funds appropriated for the operationalization, maintenance, and expansion of the National Missing and Unidentified Persons System (NamUs) for the purpose of carrying out this Act [enacting this section]."

1 See References in Text note below.
### **CHAPTERS 711 THROUGH 799—RESERVED**

#### **Editorial Notes**

#### Amendments

2014—Pub. L. 113–237, §3(b)(6), Dec. 18, 2014, 128 Stat. 2837, added placeholder for chapters 711 to 799.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2105 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 2105

To amend the Internal Revenue Code of 1986 to clarify that employees of 
a political subdivision of a State shall not lose their exemption from 
   the hospital insurance tax by reason of the consolidation of the 
                      subdivision with the State.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2003

Mr. Neal of Massachusetts (for himself, Mr. Capuano, Mr. Delahunt, Mr. 
Frank of Massachusetts, and Mr. Markey) 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 clarify that employees of 
a political subdivision of a State shall not lose their exemption from 
   the hospital insurance tax by reason of the consolidation of the 
                      subdivision with the State.

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

SECTION 1. CLARIFICATION OF EMPLOYMENT RELATIONSHIP WHERE POLITICAL 
              SUBDIVISION OF STATE IS CONSOLIDATED WITH STATE.

    (a) In General.--Subparagraph (D) of section 3121(u)(2) of the 
Internal Revenue Code of 1986 (relating to application of hospital 
insurance tax to Federal, State, and local employment) is amended by 
adding at the end the following new clause:
                            ``(iii) An employee of a political 
                        subdivision of a State shall not be treated as 
                        having terminated such employee's employment 
                        relationship with such subdivision by reason of 
                        the abolition of such subdivision (or other 
                        consolidation of any agency or instrumentality 
                        of such subdivision with the State) if, as a 
                        result of such abolition (or other 
                        consolidation), such employee becomes an 
                        employee of the State and continues to hold the 
                        same or substantially the same position with 
                        the State.''
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to all abolitions and other consolidations, whether occurring 
before, on, or after the date of the enactment of this Act.
                                 <all>
```
**Exhibit32.1**

 

Written Statement of Chief Executive OfficerPursuant to Section 906 of the Sarbanes-Oxley Act of 2002

 

The undersigned, the Chief Executive Officer of American Bank Holdings,Inc. (The “Company”), Hereby certifies that to his knowledge on the datehereof:

 

(a)          The Quarterly Report ofForm 10-QSB of the Company for the Quarter Ended March 31, 2005 filed onthe date hereof with the Securities and Exchange Commission (the “report”)fully complies with the requirements of Section 13(a) or 15 (d) of theSecurities Exchange Act of 1934; and

 

(b)         Information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company.

 

 
|   | /s/James E. Plack                     |   |
|--------|---------------------------------------|--------|
|   | James E. Plack                        |
|   | President and Chief Executive Officer |
|   | May 13, 2005                          |

 

A signed original of this written statement required by Section 906has been provided to American Bank Holdings, Inc. and will be retained byAmerican Bank Holdings, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.

 

1

----
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

PATRICK DE LA CRUZ MORENO

,

Appellant

,

v.

T HE STATE OF TEXAS

,

State

. '

'

'

'

'

' No. 08

- 1 2

- 00 028

- C R

Appeal from the

112 th District Court

of Pecos County, Texas

(TC# 3156 )

O R D E R

The Court GRANTS the Appellant ’ s third pro se motion for extension of time to file the

brief until June 21 , 2013

. NO FURTHER MOTIONS FOR EXTENSION OF TIME TO FILE

THE APPELLANT ’ S PRO SE BRIEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that Patrick De La Cruz Moreno

, the Appellant , prepare the

Appellant ’ s pro se brief and forward the same to this Court on or b efore June 21 , 201 3

.

IT IS SO ORDERED this 2 2nd day of May , 201 3

.

PER CURIAM

Before McClure, C.J., Rivera and Rodriguez, JJ.