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. 01-22-00867-CV

———————————

IN RE FEDEX GROUND PACKAGE SYSTEM, INC., O’BRIEN 

INTEREST, INC., AND SHANNON WILKERSON, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators, 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 their 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 their motion for leave to designate Jim McCord as a 

responsible third party pursuant to Texas Civil Practice and Remedies Code Chapter 

33. See TEX. CIV. PRAC. & REM. CODE ANN. § 33.004.

On February 9, 2023, relators filed a motion to voluntarily dismiss their 

petition for writ of mandamus, stating that the relief requested in their petition for 

writ of mandamus had effectively been rendered moot because “[i]n his response,” 

real party in interest, Roberto Ramirez, “appear[red] to now concede [that] 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 TEX. R. APP.

P. 52.8(a). 

Relators’ motion does not include a certificate of conference, but it 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 TEX. R. APP. 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 334th 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 dismiss, stating that he “does not oppose the motion.” See TEX.

R. APP. 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.
**Exhibit32.1**

 

**CERTIFICATION OF CHIEFEXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICERPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

** **

I, John R. Cooper, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the AnnualReport of Avocent Corporation on Form 10-K for the annual period ended December31, 2004 fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 and that information contained in such Form10-K fairly presents in all material respects the financial condition andresults of operations of Avocent Corporation.

 
| Date:    March  14, 2005 |                                       |
|-----------------------------------------|--------------------------------------------|
|                                    |                                       |
|                                    | By:/s/ John R. Cooper                      |   |
|                                    | Name: John R. Cooper                       |
|                                    | Title:   Chief Executive Officer |

 

I, Douglas E. Pritchett, certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that theAnnual Report of Avocent Corporation on Form 10-K for the annual period endedDecember 31, 2004 fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 and that information contained insuch Form 10-K fairly presents in all material respects the financial conditionand results of operations of Avocent Corporation.

 
| Date:    March  14, 2005 |                                                                                                       |
|-----------------------------------------|------------------------------------------------------------------------------------------------------------|
|                                    |                                                                                                       |
|                                    | By:/s/ Douglas E. Pritchett                                                                                |   |
|                                    | Name: Douglas E. Pritchett                                                                                 |
|                                    | Title:    Executive Vice President of Finance, Chief Financial Officer, and  Assistant Secretary |

 

1

----
### §1463. Criminal offenses

#### (a) Offense

A person subject to section 1461 of this title is guilty of an offense if such person willfully and knowingly commits any act prohibited by section 1461 of this title.

#### (b) Punishment

Any offense described in paragraphs (1), (2), and (6) of section 1461 of this title is punishable by a fine of not more than $75,000 for each day during which the violation continues. Any offense described in paragraphs (3), (4), (5), and (7) of section 1461 of this title is punishable by a fine of not more than $75,000 or imprisonment for not more than six months, or both. If, in the commission of any offense, the person subject to the jurisdiction of the United States uses a dangerous weapon, engages in conduct that causes bodily injury to any Federal officer or employee, or places any such Federal officer or employee in fear of imminent bodily injury, the offense is punishable by a fine of not more than $100,000 or imprisonment for not more than ten years, or both.

(Pub. L. 96–283, title III, §303, June 28, 1980, 94 Stat. 578.)
EXHIBIT 10(B)(4)

                         TRANSAMERICA INDEX FUNDS, INC.
                     FOR THE PERIOD ENDING DECEMBER 31, 2003
                            FORM N-CSR CERTIFICATION

    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 Certified Shareholder Report of Transamerica Index Funds,
Inc. (the "Fund") on Form N-CSR for the period ended December 31, 2003, as filed
with the Securities and Exchange Commission on the date hereof ("the Report"),
each of the undersigned hereby certifies that, to his knowledge:

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




     /s/ Brian C. Scott                                 Date: March 4, 2004
     ------------------
     Brian C. Scott
     Director, President and
     Chief Executive Officer


     /s/ Kim D. Day                                     Date: March 4, 2004
     --------------
     Kim D. Day
     Vice President, Treasurer and
     Principal Financial Officer


     /s/ John K. Carter                                 Date: March 4, 2004
     ------------------
     John K. Carter
     Senior Vice President, Secretary
     and General Counsel


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

This certification is being furnished to the Commission solely pursuant to 18
U.S.C. Section 1350 and is not being filed as part of the Form N-CSR with the
Commission.
EXHIBIT
31.2





ENABLE
HOLDINGS, INC.


CERTIFICATION
PURSUANT TO SECTION 302


OF
THE SARBANES-OXLEY ACT OF 2002





I, Miguel
A. Martinez, Jr., certify that:





1.  
      I have reviewed this Quarterly Report on Form 10-Q of
Enable Holdings, 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(s) 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(s) 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 the
registrant’s board of directors (or person 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.





Date:
      May 15, 2009
              /s/
      Miguel A Martinez, Jr.By:
      Miguel A. Martinez, Jr.Chief
      Financial Officer
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### National Park Service 

Notice is hereby given in accordance with the Federal Advisory Committee Act (Pub. L. 92-463) that the Boston Harbor Islands Advisory Council will meet on Wednesday, December 1, 2004. The meeting will convene at 4 p.m. at the New England Aquarium Conference Center, Central Wharf, Boston, MA. 

The Advisory Council was appointed by the Director of National Park Service pursuant to Public Law 104-333. The 28 members represent business, educational/cultural, community and environmental entities; municipalities surrounding Boston Harbor; Boston Harbor advocates; and Native American interests. The purpose of the Council is to advise and make recommendations to the Boston Harbor Islands Partnership with respect to the development and implementation of a management plan and the operations of the Boston Harbor Islands national park area. 

The Agenda for this meeting is as follows: 

1. Call to Order, Introductions of Advisory Council members present 

2. Review and approval of minutes of the September meeting 

3. Planning for the outreach program, reports from interest groups 

4. Prepare for the March elections 

5. Report from the NPS 

6. Public Comment 

7. Next Meetings 

8. Adjourn 

The meeting is open to the public. Further information concerning Council meetings may be obtained from the Superintendent, Boston Harbor Islands. Interested persons may make oral/written presentations to the Council or file written statements. Such requests should be made at least seven days prior to the meeting to: Superintendent, Boston Harbor Islands NRA, 408 Atlantic Avenue, Boston, MA 02110, telephone (617) 223-8667. 

Dated: October 6, 2004. 

George E. Price, Jr., 

Superintendent, Boston Harbor Islands NRA. 

[FR Doc. 04-24981 Filed 11-9-04; 8:45 am] 

BILLING CODE 4312-52-P
### §70908. Restrictions

(a) Stock and Dividends.—The FFA may not issue stock or declare or pay a dividend.

(b) Political Activities.—The FFA or a director, officer, or member acting on behalf of the FFA may not contribute to, support, or assist a political party or candidate for elective public office.

(c) Distribution of Income or Assets.—The income or assets of the FFA may not inure to the benefit of, or be distributed to, a director, officer, or member, except on dissolution or final liquidation of the FFA.

(d) Loans.—The FFA may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.

(e) Prizes, Awards, Grants, or Loans to Student Officers and Members Meeting Criteria.—This section does not preclude prizes, awards, grants, or loans to student officers and members meeting the criteria established by the board of directors for selecting recipients of those benefits.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1358; Pub. L. 116–7, §9, Feb. 21, 2019, 133 Stat. 481.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 70908(a) | 36:282. | Aug. 30, 1950, ch. 823, §§9, 10, 12, 64 Stat. 566. |
| 70908(b) | 36:280. | |
| 70908(c) | 36:279(a). | |
| 70908(d) | 36:279(b). | |
| 70908(e) | 36:279(c). | |

Section

In subsection (a), the words "any shares or" and "its objects and purposes being solely educational" are omitted as unnecessary and for consistency in the revised title.

In subsection (c), the words "inure to the benefit of" are substituted for "inure to" for consistency in the revised title. The words "as provided in section 285 of this title" are omitted as unnecessary.

#### **Editorial Notes**

#### Amendments

2019—Subsec. (a). Pub. L. 116–7, §9(1), substituted "FFA" for "corporation".

Subsec. (b). Pub. L. 116–7, §9(2), substituted "FFA or a director, officer, or member acting on behalf of the FFA" for "corporation or a director, officer, or member as such".

Subsec. (c). Pub. L. 116–7, §9(3), substituted "FFA" for "corporation" in two places.

Subsec. (d). Pub. L. 116–7, §9(4), substituted "FFA" for "corporation" in first sentence.
No. I-09-005 

Contact: Diane Screnci, 610/337-5330 

 Neil Sheehan, 610/337-5331 

January 28, 2009 

E-mail: opa1@nrc.gov

NRC CANCELS PUBLIC MEETINGS ON THREE MILE ISLAND 1 

 LICENSE RENEWAL APPLICATION SCHEDULED FOR TODAY 

Due to inclement weather, the Nuclear Regulatory Commission staff is canceling two 

public meetings scheduled for today regarding the license renewal application for the Three Mile 

Island 1 nuclear power plant. The meetings, which were to take place at 1:30 and 7 p.m. at the 

Sheraton Harrisburg Hershey Hotel in Harrisburg, Pa., will be rescheduled for a date in the near 

future. 

 The purpose of the meetings was to solicit public comments on the draft environmental 

impact statement (EIS) for the application. The NRC staff prepared the draft EIS. 

### 

 News releases are available through a free listserv 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. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region I 

475 Allendale Road, King of Prussia, Pa. 19406 

Site: http://www.nrc.gov
#### Arthur Lane, Individually and as Guardian ad Litem for Barbara J. Lane, an Infant, Respondents, v. Henry Sochacki et al., Defendants, and Town of Hempstead et al., Appellants.

Ho opinion. Carswell, Acting P. J., Sneed and MaeCrate, JJ., concur; Adel and Wenzel, JJ., dissent and vote to reverse the order and to deny the motion, with the following memorandum: The papers fail to include competent or sufficient evidence to warrant granting the application or to excuse the delay in making it. (See *Kenney*v. *South Shore Natural Gas & Fuel Co.,*126 App. Div. 236.)
#### Clarence E. Bromley, Doing Business under the Name of Rochester Forwarding Company, et al., Appellants, v. Village of Nassau, Respondent.

Present — Crosby, P. J., Cunningham, Dowling, Harris and McCurn, JJ.
Gibbons Douglas discretion to determine whether a writ will be considered, See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991), and because petitioners have failed to submit the information necessary for us to do so, NRAP 21(a)(4), we

ORDER the petition DENIED.

cc: Hon. Kenneth C. Cory, District Judge Hall Prangle & Schoonveld, LLC/Las Vegas Ramzy P. Ladah Patrick K. McKnight Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A 2 111LEMENZIM GEGNIE
Editorial Note on Part 352
Editorial Note: Nomenclature changes to part 352 appear at 69 FR 2050, Jan. 13, 2004.

§ 352.905 Employees on detail. ( a ) An employee detailed to the Commission is subject to the same conditions of employment at his or her employing agency as if the employee has not been detailed.
( b ) The Commission and the employing agency will arrange for the termination of a detail and the agency will return the employee to his or her former position or an equivalent one as provided in § 352.908 (b) and (c).
##### 



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 Quarterly Report of Zonagen, Inc. (the Company) on Form 10-Q for the
quarter ended March 31, 2005 as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Joseph S. Podolski, President and 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 the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company. Dated: May 9, 2005
    
    By:
    
    /s/ Joseph S. PodolskiJoseph S. PodolskiPresident andChief Executive OfficerZonagen, Inc.
 A signed original of this written statement required by Section 906 has been provided to Zonagen
and will be retained by Zonagen and furnished to the Securities and Exchange Commission or its
staff upon request.
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 Quarterly Report
of Superior Oil & Gas Co. (the “Company”) on Form 10-Q for the quarter ended
March 31, 2010, as filed with the Securities and Exchange Commission on or about
the date hereof (the “Report”), I, B.J. Sparks, 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, to the best of 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)           Information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.





Date:  May
24, 2010


/s/
      B.J. SparksB.J.
      SparksChief
      Executive
Officer





A signed
original of this written statement required by Section 906 has been provided to
Superior Oil & Gas Co. and will be retained by Superior Oil & Gas Co.
and furnished to the Securities and Exchange Commission or its staff upon
request.
§ 870.201 Types of insurance. ( a ) There are two types of life insurance under the FEGLI Program: Basic and Optional.
( b ) There are three types of Optional insurance: Option A (standard optional insurance), Option B (additional optional insurance), and Option C (family optional insurance).
Home > NRC Library > ADAMS Public Documents

# Environmental Report for Proposed GLE Uranium Facility.

Accession Number: ML090910573

Date Released: Wednesday, April 1, 2009

Package Contents

The following links on this page are to Adobe Portable Document Format (PDF) files. To obtain a free viewer for displaying this format, see our Plugins, Viewers, and Other Tools.
    - ML090910468 - Environmental Report for Proposed GLE Uranium Enrichment Facility: Table of Contents through Ch. 2. (173 page(s), 12/31/2008)
    - ML090910475 - Environmental Report for Proposed GLE Uranium Enrichment Facility" Section 3.1 through 3.3. (161 page(s), 12/31/2008)
    - ML090910488 - Environmental Report for Proposed GLE Uanium Enrichment Facility: Sections 3.4 through 3.6. (222 page(s), 12/31/2008)
    - ML090910509 - Environmental Report for Proposed GLE Uranium Enrichment Facility: Sections 3.7 through 3.12. (150 page(s), 12/31/2008)
    - ML090910515 - Environmental Report for Proposed GLE Uranium Enrichment Facility: Chapter 4. (239 page(s), 12/31/2008)
    - ML090910526 - Environmental Report for Proposed GLE Uranium Enrichment Facility: Chapters 5 through 11. (188 page(s), 12/31/2008)
    - ML090910536 - Environmental Report for Proposed GLE Uranium Enrichment Facility: Appendix A through Apendix N. (572 page(s), 12/31/2008)
    - ML090910546 - Environmental Report for Proposed GLE Uranium Enrichment Facility: Appendix O through Appendix U. (151 page(s), 12/31/2008)

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