alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03
- 19
- 00363
- CV

In re Alfonso Kennard , Jr. and Dani el J. Salas

Michele Shimek, Appellant

v. Texas Comptroller of Public Accounts, Appellee

FROM THE 98TH DISTRICT COURT OF TRAVIS COUNTY

NO. D
- 1
- GN
- 15
- 001681 THE HONORABLE DUSTIN M. HOWELL, JUDGE PR ESIDING

O R D E R T O S H O W C A U S E

PER CURIAM

This is a contempt proceeding ancillary to the appeal of Michele Shimek. The subject s of this proceeding are Alfonso Kennard , Jr. and D ani el J. Salas , appellant’s attor ney s
.

Appellant filed her notice of appeal on May 28, 2019, and her brief was due on July 2 6, 2019. O n October 30, 2019, we ordered counsel to file either a motion for extension of
time o r a brief a ccompanied by a motio n for exten sion of time, o r if they no longer intend to
represent appellant , a motion to withdraw that complies with Texas Rule of Appellate Pro cedure
6.5 , no lat er than November 1 2, 2019. We also c autione d counsel Kennard and Salas that the Texas Discipl i nary Rules of Professional Conduct govern their relationship with appellant,2

including t h eir responsibi lities under Rule 1.01 and Rule 1.03. See Tex. D isci plina ry Rules
Prof ’ l Co nduct R. 1.01(b)

- (c) (re quiring competent and diligent representation), R. 1

. 03 (a) (requiring lawyer to keep client reasonably informed about status of matter and to promptly comply with reasonab le requests for information ) , reprinted in Tex. Gov ’ t Code, t it. 2, subtit. G,

ap p. A (Tex. State Bar R. art. X, § 9). To date, Kennard a nd Salas ha ve not responded to

our order

. Therefore, it is hereby ordered that Alfonso Kennard , Jr. and Dani el J. Salas
shall both appear in person before thi s Court on Wednes d ay, December 4, 2019 , at
9:00 a.m. , in the Third Court of Appeals courtroom, l ocated on the first floor of the Price Daniel, Sr. Building, 209 West 14th Street, in Austin, Travis County, Texas, to show cause why they
should not be held in contempt and have sanctions imposed for th eir failure to obey our
October 30, 2019 order. Th is order to show cause will be withdrawn , and Kennard and Salas
will be relieved of their obligation to appear before this Court as ordered above if the Clerk of

t his Court receives either a motion for extension of time o r a brief a ccompanied by a motion f or

exten sion of time, o r if they no longer intend to represent appellant , a motion to withdraw that complies with Texas Rule of Appellate Pro cedure 6.5 , on or before December 2, 2019.

It is ordered on November 1 5 , 2019.

Before Chief Justice Rose, Justices T ri ana and Smith
#### Rachel Lackowitz, Respondent, v City of Yonkers, Appellant.

[813 NYS2d 912]

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Nicolai, J.), entered September 2, 2005, which denied its motion pursuant to CPLR 4102 (e) for leave to file a late jury demand.

Ordered that the order is affirmed, with costs.

The plaintiff served a note of issue which did not request a jury trial. The defendant did not thereafter timely request a jury trial, and thus, waived its right to a jury trial *(see*CPLR 4102 [a]). About seven months after being served with the note of issue, the defendant moved for leave to serve and file a demand for a jury trial. The Supreme Court providently denied the defendant’s motion. The defendant’s excuse that counsel inadvertently failed to notice that the plaintiffs note of issue did not request a jury trial was inadequate *(see Fertik v Fertik,*264 AD2d 463, 464 [1999]). Adams, J.P., Goldstein, Fisher and Lifson, JJ., concur.
#### § 1703.104 [Reserved]
PUBLIC LAW 109–341—OCT. 13, 2006 120 STAT. 1865

Public Law 109–341

109th Congress

An Act

To designate a portion of the Federal building located at 2100 Jamieson Avenue,

in Alexandria, Virginia, as the ‘‘Justin W. Williams United States Attorney’s

Building’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION.

(a) IN GENERAL.—The building and structure described in subsection (b) shall be known and designated as the ‘‘Justin W. Williams United States Attorney’s Building’’.

(b) DESCRIPTION.—The building and structure to be designated

under subsection (a) is that portion of the Federal building located

at 2100 Jamieson Avenue, in Alexandria, Virginia, that is attached

to the Federal building’s main tower structure, described as AWing in the architectural plans, and currently occupied by the

Office of the United States Attorney for the Eastern District of

Virginia, Alexandria Division.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the building and structure

described in section 1(b) shall be deemed to be a reference to

the ‘‘Justin W. Williams United States Attorney’s Building’’.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may

be necessary for appropriate identifying designations to be affixed

to the building and structure described in section 1(b) and for

Oct. 13, 2006

[H.R. 1463]

120 STAT. 1866 PUBLIC LAW 109–341—OCT. 13, 2006

LEGISLATIVE HISTORY—H.R. 1463:

CONGRESSIONAL RECORD:

Vol. 151 (2005): Apr. 13, considered and passed House.

Vol. 152 (2006): Sept. 29, considered and passed Senate.

Æ

an appropriate plaque reflecting the designation and honoring Justin W. Williams and his service to the Nation to be affixed to

or displayed in such building and structure.

Approved October 13, 2006.
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 1 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 2 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 3 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 4 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 5 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 6 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 7 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 8 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 9 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 10 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 11 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 12 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 13 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 14 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 15 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 16 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 17 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 18 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 19 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 20 of 21
Case 2:06-cv-00693-ID-TFM Document 21 Filed 10/20/2006 Page 21 of 21
#### The People of the State of New York, Respondent, v Roman Baret, Appellant.

Submitted December 3, 2007;

decided December 13, 2007

Reported below, 43 AD3d 648.

Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.
<PAGE>   1

PART II, ITEM 6, EXHIBIT 11.

                               EGAN SYSTEMS, INC.
                        COMPUTATION OF PER SHARE EARNINGS

Computation of per share earnings:

The following data show the amounts used in computing earnings per share and the
effect on (loss) income and the weighted average number of shares of dilutive
potential common stock.

<TABLE>
<CAPTION>

                                                           Six Months Ended
                                                    ----------------------------
                                                        1998             1997  
                                                    ------------    ------------
<S>                                                 <C>             <C>
(Loss) income available to common stockholders
 used in primary EPS                                $   (382,800)   $     33,089

Interest expense on convertible note payable                 625           2,500
                                                    ------------    ------------

(Loss) income available to common stockholders
 after assumed conversions of dilutive securities   $   (382,175)   $     35,589
                                                    ============    ============

Weighted average number of common shares in
 primary EPS                                          16,941,652      10,185,000

Effect of dilutive securities                          4,463,300       9,690,500
                                                    ------------    ------------

Weighted average number of common shares and
 dilutive potential common stock used in
 fully diluted EPS                                    21,404,952      19,875,500
                                                    ============    ============

Net (loss) income per common share:

 Primary                                            $      (0.02)   $       0.00
                                                    ============    ============

 Fully diluted                                      $      (0.02)   $       0.00
                                                    ============    ============
</TABLE>

For 1998, the effect of dilutive securities were not included in computing fully
diluted EPS because their effects are anti-dilutive.


                                       10
932.006 Reduction or suspension of contract

payments upon finding of fraud.

Parent topic: PART 932 - CONTRACT FINANCING
Subpart 1946.7 - Warranties    **Parent topic:** PART 1946 - QUALITY ASSURANCE1946.704 Authority for use of warranties.       (a) The procurement request initiator is responsible for preparing a written recommendation for those purchases deemed to be appropriate for application of warranty provisions. The recommendation shall state why a warranty is appropriate by specifically addressing the criteria set forth in FAR 46.703. The recommendation shall also identify the specific parts, subassemblies, assemblies, systems, or contract line items to which a warranty should apply.          (b) Prior to solicitation of the requirement, the contracting officer shall make a written determination when a warranty provision is to be included.
706.501 Requirement.       The USAID Administrator delegated the authority to designate the Agency Competition Advocate and a competition advocate for each agency procuring activity (see 702.170 of this chapter) to the M/OAA Director. The M/OAA Director, under the Administrator's delegation, has designated the M/OAA Deputy Director for Accountability, Compliance, Transparency, and Support as the Agency Competition Advocate and the deputy head of each contracting activity as the competition advocate for each activity. The competition advocate for USAID/W is the Deputy Director for M/OAA Operations. If there is no deputy, the head of the contracting activity is designated the competition advocate for that activity. The competition advocate's duties may not be redelegated, but can be exercised by persons serving as acting deputy (or acting head) of the contracting activity. For definitions of contracting activity and head of the contracting activity, see 702.170 of this chapter.    **Parent topic:** Subpart 706.5—Competition Advocates
IV 

109TH CONGRESS 

1ST SESSION H. RES. 110

Providing amounts for the expenses of the Committee on Education and 

the Workforce in the One Hundred Ninth Congress. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2005

Mr. BOEHNER (for himself and Mr. GEORGE MILLER of California) submitted 

the following resolution; which was referred to the Committee on House 

Administration 

RESOLUTION

Providing amounts for the expenses of the Committee on 

Education and the Workforce in the One Hundred Ninth 

Congress.

1 Resolved,

2 SECTION 1. AMOUNTS FOR COMMITTEE EXPENSES. 

3 For the expenses of the Committee on Education and 

4 the Workforce (hereafter in this resolution referred to as 

5 the ‘‘Committee’’), including the expenses of all staff sala6 ries, there shall be paid, out of the applicable accounts 

7 of the House of Representatives for committee salaries 

8 and expenses, not more than $15,493,286 for the One 

9 Hundred Ninth Congress. 
2

•HRES 110 IH 

1 SEC. 2. SESSION LIMITATIONS. 

2 Of the amount specified in section 1—

3 (1) not more than $7,708,622 shall be available 

4 for expenses incurred during the period beginning at 

5 noon on January 3, 2005, and ending immediately 

6 before noon on January 3, 2006; and 

7 (2) not more than $7,784,664 shall be available 

8 for expenses incurred during the period beginning at 

9 noon on January 3, 2006, and ending immediately 

10 before noon on January 3, 2007. 

11 SEC. 3. VOUCHERS. 

12 Payments under this resolution shall be made on 

13 vouchers authorized by the Committee, signed by the 

14 Chairman of the Committee, and approved in the manner 

15 directed by the Committee on House Administration. 

16 SEC. 4. REGULATIONS. 

17 Amounts made available under this resolution shall 

18 be expended in accordance with regulations prescribed by 

19 the Committee on House Administration.

Æ
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

v. CASE NO. 4:01cr36-RH/WCS

ANTHONY ORLANDO GIBBS,

Defendant.

__________________________________/

ORDER DENYING MOTION FOR CREDIT ON SENTENCE

Defendant was convicted and sentenced in this court. He also has been

sentenced for other offenses by Florida and Michigan state courts. By order

entered April 1, 2005, defendant’s letters as filed on March 2 and March 16, 2005,

were deemed a motion for credit on defendant’s federal sentence for time spent in

custody prior to imposition of that federal sentence. The government was directed

to respond.

Determining credit on a federal sentence is the job of the Bureau of Prisons

in the first instance. See, e.g., Gonzalez v. United States, 959 F.2d 211, 212 (11th

Cir. 1992). Bureau determinations are subject to judicial review, but only after

exhaustion of administrative remedies. See, e.g., United States v. Lucas, 898 F.2d

Case 4:01-cr-00036-RH-WCS Document 143 Filed 05/09/05 Page 1 of 2
Page 2 of 2

Case No: 4:01cr36-RH/WCS

1554 (11th Cir. 1990). 

The government’s response to defendant’s motion sets forth the best current

understanding of the Bureau of Prisons of time spent in state and federal custody

and how credit for that time should be afforded. The response also makes clear,

however, that defendant has not exhausted his administrative remedies within the

Bureau of Prisons as required prior to any judicial review on this issue. 

Accordingly,

IT IS ORDERED:

Defendant’s motion for credit for time served (documents 131 and 134) is

denied without prejudice for failure to exhaust administrative remedies.

SO ORDERED this 9th day of May, 2005.

s/Robert L. Hinkle 

Chief United States District Judge 

Case 4:01-cr-00036-RH-WCS Document 143 Filed 05/09/05 Page 2 of 2
# Subpart 1419.1 [Reserved]

**Parent topic:**PART 1419 - SMALL BUSINESS PROGRAMS
§ 923.54 Special purpose shipments. ( a ) Except as otherwise provided in this section, any person may, without regard to the provisions of §§ 923.41, 923.52, 923.53, and 923.55, and the regulations issued thereunder, handle cherries ( 1 ) for consumption by charitable institutions;
( 2 ) for distribution by relief agencies; or
( 3 ) for commercial processing into products.
( b ) Upon the basis of recommendations and information submitted by the committee, or from other available information, the Secretary may relieve from any or all requirements, under or established pursuant to § 923.41, § 923.52, § 923.53, or § 923.55, the handling of cherries in such minimum quantities, or types of shipments, or for such specified purposes, as the committee, with approval of the Secretary, may prescribe. Specified purposes under this section may include shipments of cherries for grading or packing to specified locations outside the production area and shipments to facilitate the conduct of marketing research and development projects established pursuant to § 923.45.
( c ) The committee shall, with the approval of the Secretary, prescribe such rules, regulations, and safeguards as it may deem necessary to prevent cherries handled under the provisions of this section from entering the channels of trade for other than the specific purposes authorized by this section. Such rules, regulations, and safeguards may include the requirements that handlers shall file applications and receive approval from the committee for authorization to handle cherries pursuant to this section, and that such applications be accompanied by a certification by the intended purchaser or receiver that the cherries will not be used for any purpose not authorized by this section. The committee may rescind or deny to any packing facility the special purpose shipment certificate if proof satisfactory to the committee is obtained that cherries shipped for the purpose stated in this section were handled contrary to the provisions of this section.
[22 FR 3835, June 1, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 66 FR 58356, Nov. 21, 2001]
Case 3:06-cv-00728-MHT-WC Document 68 Filed 08/15/2007 Page 1 of 4
Case 3:06-cv-00728-MHT-WC Document 68 Filed 08/15/2007 Page 2 of 4
Case 3:06-cv-00728-MHT-WC Document 68 Filed 08/15/2007 Page 3 of 4
Case 3:06-cv-00728-MHT-WC Document 68 Filed 08/15/2007 Page 4 of 4
#### The People of the State of New York, Respondent, v Malik Akili, Appellant.

[813 NYS2d 903]

Order, Supreme Court, New York County (Edwin Torres, J.), entered on or about March 3, 2005, which denied defendant’s CPL 440.20 motion to set aside a sentence imposed pursuant to a judgment of the same court (Nicholas Figueroa, J.), rendered July 25, 1996, convicting defendant, after a jury trial, of two counts of robbery in the first *384degree and two counts of robbery in the second degree, and sentencing him, as a second felony offender, to two terms of 8V2 to 17 years and two terms of 7 to 14 years, to be served concurrently, unanimously reversed, on the law, the motion granted and the sentences for each of the first-degree robbery convictions reduced to 7V2 to 15 years.

As the People concede, defendant should be resentenced as indicated because the sentencing court relied on a misinterpretation of Penal Law § 70.30 (3). Concur—Tom, J.P., Andrias, Friedman, Williams and Sweeny, JJ.
H. Res. 1108

In the House of Representatives, U. S., 

December 9 (legislative day, December 8), 2006.

Resolved, That a committee of two Members be appointed by the House to join a similar committee appointed 

by the Senate, to wait upon the President of the United 

States and inform him that the two Houses have completed 

their business of the session and are ready to adjourn, unless 

the President has some other communication to make to 

them. 

Attest:

Clerk.
2007-1839.

#### State ex rel. White v. Billings.

Clermont App. No. CA2006-09-072, 2007-Ohio-4356. Discretionary appeal accepted; cause held for the decision in 2006-2187, *Hyle v. Porter,*Hamilton App. No. C-050768, 2006-Ohio-5454; and briefing schedule stayed.

O’Connor and Cupp, JJ., dissent.
# Subpart 339.1 - General

**Parent topic:**PART 339 - ACQUISITION OF INFORMATION TECHNOLOGY

## 339.101 Policy

In addition to the regulatory guidance in Federal Acquisition Regulation part 39, contracting officers shall collaborate with the requiring activity to ensure information technology (IT) acquisitions for supplies, services, and systems meet the requirements established by the Department of Health and Human Services (HHS).
#### § 1009.5 Supersessions.

Prices which appear in Federal Register Notices previously published by the Department, or its predecessor agencies, for materials and services covered by this rule are hereby superseded.
H. Res. 1

In the House of Representatives, U.S.,

January 4, 2005.

Resolved, That Jeffrey J. Trandahl of the State of South

Dakota, be, and is hereby, chosen Clerk of the House of Representatives.

Resolved, That Wilson S. Livingood of the Commonwealth of Virginia, be, and is hereby, chosen Sergeant at

Arms of the House of Representatives.

Resolved, That James M. Eagen, III, of the Commonwealth of Pennsylvania, be, and is hereby, chosen Chief Administrative Officer of the House of Representatives.

Resolved, That Father Daniel P. Coughlin of the State

of Illinois, be, and is hereby, chosen Chaplain of the House

of Representatives.

Attest:

Clerk.
§ 1042.520 Job classification and structure. A recipient shall not: ( a ) Classify a job as being for males or for females;
( b ) Maintain or establish separate lines of progression, seniority lists, career ladders, or tenure systems based on sex; or
( c ) Maintain or establish separate lines of progression, seniority systems, career ladders, or tenure systems for similar jobs, position descriptions, or job requirements that classify persons on the basis of sex, unless sex is a bona fide occupational qualification for the positions in question as set forth in § 1042.550.
§ 906.35 Accounting. ( a ) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, such excess shall be accounted for in accordance with one of the following: ( 1 ) If such excess is not retained in a reserve, as provided in paragraph (a)(2) of this section, it shall be refunded proportionately to the persons from whom collected.
( 2 ) The committee, with the approval of the Secretary may carry over such excess into subsequent fiscal periods as a reserve: *Provided,* That funds already in the reserve do not equal approximately 1 fiscal period's expenses. Such reserve funds may be used for any expenses authorized pursuant to § 906.32 and for necessary expenses of liquidation in the event of termination of this part. Upon such termination, any funds not required to defray the necessary expenses of liquidation shall be disposed of in such manner as the Secretary may determine to be appropriate. To the extent practical, such funds shall be returned pro rata to the persons from whom such funds were collected.
( b ) All funds received by the committee pursuant to the provisions of this part shall be used solely for the purpose specified in this part and shall be accounted for in the manner provided in this part. The Secretary may at any time require the committee and its members to account for all receipts and disbursements.
( c ) Upon the removal or expiration of the terms of office of any member of the committee, such member shall account for all receipts and disbursements and deliver all property and funds in his possession to the committee, and shall execute such assignments and other instruments as may be necessary or appropriate to vest in the committee full title to all of the property, funds, and claims vested in such member pursuant to this part.
( d ) The committee may make recommendations to the Secretary for one or more of the members thereof, or any other person, to act as a trustee for holding records, funds, or any other committee property during periods of suspension of this subpart, or during any period or periods when regulations are not in effect, and if the Secretary determines such action appropriate, he may direct that such person or persons shall act as trustee or trustees for the committee.
[25 FR 9093, Sept. 22, 1960. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 31 FR 10462, Aug. 4, 1966]