alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

CTD NETWORKS, LLC,

Plaintiff-Appellant

v.

MICROSOFT CORPORATION,

Defendant-Appellee

______________________

2023-2429

______________________

Appeal from the United States District Court for the 

Western District of Texas in No. 6:22-cv-01049-XR, Judge 

Xavier Rodriguez.

______________________

ON MOTION

______________________

Before LOURIE, DYK, and REYNA, Circuit Judges. 

DYK, Circuit Judge.

O R D E R

This appeal arises out of the district court’s final judgment dismissing CTD Networks, LLC’s infringement 

claims against Microsoft Corporation. CTD now moves to 

withdraw William P. Ramey of Ramey LLP and to substitute Erik N. Lund of Whitestone Law as counsel in this 

Case: 23-2429 Document: 33 Page: 1 Filed: 05/24/2024
2 CTD NETWORKS, LLC v. MICROSOFT CORPORATION

appeal. ECF No. 23. The parties separately submit a “stipulated agreement for voluntary dismissal” pursuant to 

Federal Rule of Appellate Procedure 42(b) with each side 

to bear its own costs and attorney fees for this appeal. ECF 

No. 25. Ramey LLP, as “[f]ormer [c]ounsel for Appellant,” 

moves to “maintain this appeal on the Court’s docket.” 

ECF No. 26 at 4. Microsoft opposes.

We grant the motion to withdraw and dismiss. While 

Ramey LLP opposes dismissal to protect its own interests 

against potential liability that could arise out of a sanctions 

motion pending before the district court, we have been 

shown no basis for allowing Ramey LLP to appeal when it 

is not a party and has not been sanctioned or otherwise the 

direct subject of a court order. See Nisus Corp. v. PermaChink Sys., Inc., 497 F.3d 1316, 1319 (Fed. Cir. 2007); 

United States v. Carter, 995 F.3d 1214, 1218 (10th Cir. 

2021) (noting that “attorneys have standing to appeal only 

when . . . they are specific objects of the challenged order” 

(cleaned up)). 

Accordingly,

IT IS ORDERED THAT:

(1) The motion to withdraw and substitute counsel, 

ECF No. 23, is granted. Mr. Lund’s amended entry of appearance, ECF No. 24, is accepted for filing.

(2) The appeal is dismissed, and all remaining motions 

are denied. 

Case: 23-2429 Document: 33 Page: 2 Filed: 05/24/2024
CTD NETWORKS, LLC v. MICROSOFT CORPORATION 3

 (3) Each side shall bear its own costs.

May 24, 2024

 Date

FOR THE COURT

Case: 23-2429 Document: 33 Page: 3 Filed: 05/24/2024
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                          OF CORPORATE GENERAL PARTNER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, James M. Seneff, Jr., the Chief Executive Officer of CNL Realty
Corporation,  the corporate  general  partner of CNL Income Fund VIII, Ltd. (the
"Partnership"),  has executed this  certification  in connection with the filing
with the  Securities  and Exchange  Commission  of the  Partnership's  Quarterly
Report on Form 10-Q for the period  ending  March 31, 2003 (the  "Report").  The
undersigned hereby certifies 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 Partnership.



Date:   May 9, 2003                    /s/ James M. Seneff, Jr.
                                       ---------------------------------------
                                       Name:  James M. Seneff, Jr.
                                       Title: Chief Executive Officer


                                       A  signed   original   of  this   written
                                       statement  required  by  Section  906 has
                                       been  provided  to CNL Income  Fund VIII,
                                       Ltd.  and will be  retained by CNL Income
                                       Fund  VIII,  Ltd.  and  furnished  to the
                                       Securities and Exchange Commission or its
                                       staff upon request.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T R AY MOND AL F OR D B R AD F OR D, P la in tif

f - A p p e lla n t, v. I. V E L L A -L O P E Z , 4A L aw L i brary O f f ic e ra t C S P - C o r c o r a n ; e t a l., D efen d an t s - A p p el l ees. N o. 11- 17176 D . C . N o. 1: 11 -c v-00 99 0-A W IS KO ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e E a s te rn D is tr ic t o f C a lif o rn ia A nthonyW . I s hi i , C hi e f J udge , P r e s i di ng S ubm i tt e d O c t obe r9, 2012

** B efo re: R A W L IN S O N , M U R G U IA , an dW A T F O R D , C i rcu i tJu d g es. R a y m ond A l f

or d B r a df

or d, aC a l i f

orni as t a t e pr i s one r , appe a l s pr o s e f r om th e d is tr ic t c o u rt’s ju d g m e n t d e n y in g h im le a v e to p r o c e e din f o rm ap au p e r is in h is 4 2 U .S .C . § 1 9 8 3 a c tio n a lle g in g c o n s titu tio n a l v io la tio n s in c o n n e c tio n w ith h is 

# FI LED OC T 16 2012 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS11- 17176 2 m e di c a l tr e a tm e nt . W e ha ve j ur i s di c t i on unde r28 U . S . C . § 1291. W e r e vi e w de no vo the di stri ctcourt ’ s i nt erpret at i on and app l i ca t i on of 28 U . S . C . § 1 91 5(g), A ndre w s v . C ervantes , 493 F . 3d 1047, 1052 ( 9th C i r . 2007) , a nd f ora n abus e of d is c r e tio n its d e n ia l o f

le a v e to p r o c e e din f

o rm ap au p e r is , O ’

L oughl i n v . D oe , 920 F . 2d 614, 616 ( 9th C i r . 1990) . W e r e ve r s e a nd r e m a nd. Th e d i s tr i c tc o u rti mp r o p e r l yd e n i e dBr a d f o r d ’ s r e q u e s tt o p r o c e e di n f o rma paupe r i s be c aus e B r a df or d m a de pl aus i bl e a l l e ga t i ons tha the w a s “ unde ri m m i ne nt da nge rof

s e r i ous phy s i c a l i nj ury ” a tthe t i m e he l odge d the c om pl a i nt , i nc l udi ng tha tde f e nda nt s c ont i nue d t o de nyhi m a de qua t e tr e a tm e ntf orhi s bl ood c l ott i ng d is o r d e r . 2 8 U .S .C . § 1 9 1 5 ( g ) ; s e e a l s o An dr e ws , 493 F . 3d a t1055 ( a n e xc e pt i on t o the three -s tri kes rul e e xi st s “ i f the com pl ai ntm akes a pl ausi bl e a l l egat i on that the pr i s one rf

a c e d ‘ i m m i ne ntda nge rof s e r i ous phy s i c a l i nj ury ’ a tthe t i m e of fi l i ng ”) . RE V E RS E D a n d RE MAND E D.
**UNITED STATESSECURITIES AND EXCHANGE COMMISSIONWASHINGTON, D.C. 20549**

----

**FORM 10-Q**

----

**[X] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934**

For the quarterly period ended March 31, 2002

OR
**[   ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THESECURITIES EXCHANGE ACT OF 1934**

Commission File Number 0-17589

**NTS-PROPERTIES VII, LTD.**

Incorporated pursuant to the Laws of the State of Florida

Internal Revenue Service - Employer Identification No. 61-1119232

10172 Linn Station Road, Louisville, Kentucky 40223

(502) 426-4800

Indicate by check mark whether the registrant  (1) has filed all reports  required to be filed by Section 13 or 15(d) of the SecuritiesExchange  Act of 1934  during the  preceding  12 months (or for such  shorter  period  that the  registrant  was  required to file suchreports) and (2) has been subject to such filing requirements for the past 90 days.               Yes |X|      No  |   |

State the aggregate market value of the voting and non-voting common equity held by non-affiliatescomputed by reference to the price at which the common equity was sold, or the average bid andasked price of such common equity, as of a specified date within the past 60 days: No aggregatemarket value can be determined because no established market exists for the limited partnershipInterests.

**TABLE OF CONTENTS**

**PART I**
Pages Item 1.Financial Statements Balance Sheets as of March 31, 2002 and December 31, 20013 Statement of Partners' Equity as of March 31, 20023 Statements of Operations for the Three Months    Ended March 31, 2002 and 20014  Statements of Cash Flows for the Three Months    Ended March 31, 2002 and 20015  Notes to Financial Statements6-10  Item 2.Management's Discussion and Analysis of Financial    Condition and Results of Operations11-17  Item 3.Quantitative and Qualitative Disclosures About Market Risk17  
**PART II**
  Item 1.Legal Proceedings18  Item 2.Changes in Securities18  Item 3.Defaults Upon Senior Securities18  Item 4.Submission of Matters to a Vote of Security Holders18  Item 5.Other Information18  Item 6.Exhibits and Reports on Form 8-K18  Signatures19
2

**PART I - FINANCIAL INFORMATION**
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ASBEL PEREZ VICIEDO and CARLOS RENDA,

Appellants,

v.

CREAL DALLAS, LLC,

Appellee.

No. 4D17-3812

[June 28, 2018]

Appeal of a non-final order from the Circuit Court for the Seventeenth 

Judicial Circuit, Broward County; Michael L. Gates, Judge; L.T. Case No. 

16-12591CACE(12).

Marlon E. Bryan of Bryan Law, Fort Lauderdale, (withdrawn as counsel 

after filing brief), and Asbel Perez Viciedo and Carlos Renda, West Palm 

Beach, pro se.

Jonathan Feldman of Perlman, Bajandas, Yevoli & Albright, P.L., Fort 

Lauderdale, for appellee.

PER CURIAM.

Affirmed.

GROSS, MAY and DAMOORGIAN, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### § 1.584-6 Net operating loss deduction.

The net operating loss deduction is not allowed to a common trust fund. Each participant in a common trust fund, however, will be allowed the benefits of such deduction. In the computation of such deduction, a participant in a common trust fund shall take into account its pro rata share of items of income, gain, loss, deduction, or credit of the common trust fund. The character of any such item shall be determined as if the participant had realized such item directly from the source from which realized by the common trust fund, or incurred such item in the same manner as incurred by the common trust fund.
#### UNITED STATES of America, et al., Plaintiffs-Appellees, v. Samuel Mark ZAPATA, Defendant-Appellant.

No. 01-10161.

D.C. No. CR-00-00447-DFL.

United States Court of Appeals, Ninth Circuit.

Submitted June 10, 2002.*

Decided June 14, 2002.

Before RYMER, T.G. NELSON, and THOMAS, Circuit Judges.

*

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

MEMORANDUM **

Samuel Mark Zapata appeals the supervised release terms imposed following his *886guilty plea conviction for distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We dismiss for lack of jurisdiction.

Zapata contends that the district court abused its discretion by imposing a special condition of supervised release forbidding his association with gang members. The government responds that Zapata waived his right to appeal his sentence pursuant to a written plea agreement. We agree with the government.

Zapata’s waiver of his right to appeal must be enforced since (1) his sentence was well below the maximum agreed upon under the written plea agreement; and (2) he does not challenge the knowing and voluntary nature of his guilty plea or waiver of appeal. *See United States v. Nunez,*223 F.3d 956, 958 (9th Cir.)(enforeing a defendant’s waiver of appeal since (1) the waiver intended to encompass the issue raised; and (2) the defendant waived the issue whether the waiver was knowingly and voluntary), *cert. denied,*— U.S.-, 122 S.Ct. 272, 151 L.Ed.2d 199 (2001); *see also United States v. Bolinger,*940 F.2d 478, 480 (9th Cir.1991) (enforcing a defendant’s appeal waiver since the defendant was sentenced below the maximum sentence provided for in the written plea agreement).

Accordingly, we dismiss for lack of jurisdiction.

DISMISSED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. Rule 36-3.
Exhibit 31.2








CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER PURSUANT TO EXCHANGE ACT RULE 13a-14(a) AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002











I, Michael Vollkommer, certify that:





1.    I have reviewed this Amendment No. 1 to the annual report on Form 10-K of Priority Technology Holdings, Inc.; and





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.








April 30, 2019/s/  Michael VollkommerMichael VollkommerChief Financial Officer(Principal Accounting and Financial Officer)
#### § 1.643(a)-0 Distributable net income; deduction for distributions; in general.

The term *distributable net income* has no application except in the taxation of estates and trusts and their beneficiaries. It limits the deductions allowable to estates and trusts for amounts paid, credited, or required to be distributed to beneficiaries and is used to determine how much of an amount paid, credited, or required to be distributed to a beneficiary will be includible in his gross income. It is also used to determine the character of distributions to the beneficiaries. Distributable net income means for any taxable year, the taxable income (as defined in section 63) of the estate or trust, computed with the modifications set forth in §§ 1.643(a)-1 through 1.643(a)-7.
III

103D CONGRESS

2D SESSION S. RES. 242

Honoring the 14 Federal firefighters who died while fighting a wildfire near

Glenwood Springs, Colorado.

IN THE SENATE OF THE UNITED STATES

JULY 13 (legislative day, JULY 11), 1994

Mr. CAMPBELL (for himself, Mr. BAUCUS, Mr. JOHNSTON, Mr. REID, Mr.

BRYAN, Mr. BINGAMAN, Mr. DECONCINI, Mr. BURNS, Mr. PACKWOOD,

Ms. MIKULSKI, Mr. BUMPERS, Mr. DASCHLE, Mr. CRAIG, Mr. MATHEWS,

Mr. BROWN, Mr. DORGAN, Mr. BIDEN, Mr. HATFIELD, Mr.

KEMPTHORNE, Mr. DOLE, and Mr. STEVENS) submitted the following

resolution; which was referred to the Committee on the Judiciary

RESOLUTION

Honoring the 14 Federal firefighters who died while fighting

a wildfire near Glenwood Springs, Colorado.

Whereas on July 6, 1994, 14 Federal firefighters from the

United States Forest Service and the Bureau of Land

Management perished while heroically fighting a raging

wildfire on Storm King Mountain near Glenwood

Springs, Colorado;

Whereas the firefighters died when they were overswept by a

wildfire whipped by high and erratic winds;

Whereas the 14 firefighters who gave their lives were Kathi

J. Beck, hot shot crewmember, Prineville, Oregon, Tamara J. Bickett, hot shot crewmember, Prineville, Or-
2

•SRES 242 IS

egon, Scott A. Blecha, hot shot crewmember, Prineville,

Oregon, Levi Brinkley, hot shot crewmember, Prineville,

Oregon, Robert Browning, helitack, Grand Junction, Colorado, Douglas Dunbar, hot shot crewmember, Prineville,

Oregon, Terri A. Hagen, hot shot crewmember,

Prineville, Oregon, Bonnie J. Holtby, hot shot crewmember, Prineville, Oregon, Robert A. Johnson, hot shot

crewmember, Prineville, Oregon, Jon R. Kelso, hot shot

squad leader, Prineville, Oregon, Donald Mackey,

smokejumper, Missoula, Montana, Roger Roth,

smokejumper, McCall, Idaho, James Thrash,

smokejumper, McCall, Idaho, and Richard Tyler,

helitack, Grand Junction, Colorado; and

Whereas these brave men and women gave their lives in an

attempt to protect American lives, property, and natural

resources: Now, therefore, be it

1 Resolved, That the Senate honors, and will always re2 member, the 14 Federal firefighters who died on July 6,

3 1994, for their heroic efforts in trying to contain a fire

4 on Storm King Mountain near Glenwood Springs, Colo5 rado, in order to protect American lives, property, and

6 natural resources.

Æ
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 147 Introduced in House (IH)]

104th CONGRESS
  2d Session
H. CON. RES. 147

  Authorizing the use of the Capitol grounds for the fifteenth annual 
               National Peace Officers' Memorial Service.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 1996

Mr. Traficant submitted the following concurrent resolution; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
  Authorizing the use of the Capitol grounds for the fifteenth annual 
               National Peace Officers' Memorial Service.

    Resolved by the House of Representatives (the Senate concurring), 

SECTION 1. USE OF CAPITOL GROUNDS FOR NATIONAL PEACE OFFICERS' MEMORIAL 
              SERVICE.

    The National Fraternal Order of Police and its auxiliary shall be 
permitted to sponsor a public event, the fifteenth annual National 
Peace Officers' Memorial Service, on the Capitol grounds on May 15, 
1996, or on such other date as the Speaker of the House of 
Representatives and the President pro tempore of the Senate may jointly 
designate, in order to honor the 155 law enforcement officers who died 
in the line of duty during 1995.

SEC. 2. TERMS AND CONDITIONS.

    (a) In General.--The event authorized to be conducted on the 
Capitol grounds under section 1 shall be free of admission charge to 
the public and arranged not to interfere with the needs of Congress, 
under conditions to be prescribed by the Architect of the Capitol and 
the Capitol Police Board.
    (b) Expenses and Liabilities.--The National Fraternal Order of 
Police and its auxiliary shall assume full responsibility for all 
expenses and liabilities incident to all activities associated with the 
event.

SEC. 3. EVENT PREPARATIONS.

    (a) Structures and Equipment.--Subject to the approval of the 
Architect of the Capitol, the National Fraternal Order of Police and 
its auxiliary are authorized to erect upon the Capitol grounds such 
stage, sound amplification devices, and other related structures and 
equipment, as may be required for the event authorized to be conducted 
on the Capitol grounds under section 1.
    (b) Additional Arrangements.--The Architect of the Capitol and the 
Capitol Police Board are authorized to make any such additional 
arrangements as may be required to carry out the event.
                                 <all>
```
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 253 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
S. RES. 253

                      Relating to monetary policy.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

              August 25 (legislative day August 18), 1994

    Mr. Simon (for himself, Mr. Metzenbaum,, Mr. DeConcini, and Mr. 
Bumpers) submitted the following resolution; which was referred to the 
            Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                               RESOLUTION

 
                      Relating to monetary policy.

Whereas the Board of Governors of the Federal Reserve System is legitimately 
        concerned about the potential threat of inflation;
Whereas past Congresses and Presidents have compounded the inflation problem by 
        indexing many programs, contrary to the advice of the economics experts 
        of both parties;
Whereas the Congress recognizes its own failure to follow sound fiscal policies, 
        thus making monetary policy even more critical in controlling inflation;
Whereas the Board of Governors of the Federal Reserve System is an independent 
        agency required by law to report to the Congress, implying an advisory 
        role for the Congress;
Whereas higher interest rates can slow home construction and reduce investment 
        in industrial capacity, thereby reducing the Nation's productivity;
Whereas lower unemployment does not necessarily or automatically lead to higher 
        inflation, especially if low unemployment is accompanied by higher 
        productivity; and
Whereas there is evidence that at the present time inflation is not a serious 
        threat to the Nation: Now, therefore, be it
    Resolved, That it is the sense of the Senate that, in the immediate 
future, it would be a mistake to raise interest rates further, and that 
the Secretary of the Senate shall transmit a copy of this resolution to 
the Board of Governors of the Federal Reserve System.
                                 <all>
```