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NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

In re: ASUSTEK COMPUTER, INC.,

Petitioner

______________________

2023-122

______________________

On Petition for Writ of Mandamus to the United States 

District Court for the Western District of Texas in No. 6:21-

cv-00622-ADA, Judge Alan D. Albright.

______________________

ON PETITION

______________________

Before DYK, REYNA, and CHEN, Circuit Judges.

DYK, Circuit Judge.

O R D E R

ASUSTeK Computer, Inc. petitions for a writ of mandamus directing the United States District Court for the 

Western District of Texas to vacate its scheduling order 

and stay all proceedings on the merits pending that court’s 

disposition of ASUSTeK’s motion to transfer.

In June 2021, XR Communications, LLC filed this patent infringement suit against ASUSTeK. After fact discovery opened, ASUSTeK moved for leave to file a motion 

to transfer, arguing intervening events giving rise to the 

request should excuse its failure to seek transfer earlier 

Case: 23-122 Document: 7 Page: 1 Filed: 03/01/2023
2 IN RE: ASUSTEK COMPUTER, INC.

when it could have done so without leave. In August 2022, 

the court granted ASUSTeK leave to file the motion, noting 

that the court will “resolve[] the transfer issue . . . before 

the Markman hearing.” Appx379. As currently scheduled, 

briefing on the transfer motion is set to be completed on 

March 3, 2023; the Markman hearing will be held on March 

23, 2023; and fact discovery will close in May 2023. Arguing that this schedule will improperly allow the district 

court to undertake important substantive steps before deciding transfer, ASUSTeK filed this petition. 

A writ of mandamus is a “drastic and extraordinary 

remedy” reserved for “exceptional circumstances.” Cheney 

v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380 (2004) (internal 

quotation marks and citations omitted). A petitioner must 

show, among other things, that it has a “clear and indisputable” right to the writ. Id. at 380–81 (internal quotation 

marks and citations omitted). That demanding standard 

has not been met here. Here, the motion was filed more 

than a year after the complaint was filed and after discovery had already begun, and the district court has indicated 

that it will decide the transfer motion before the Markman 

hearing. Although ASUSTeK contends that we should stay 

the discovery deadlines while its transfer request is briefed 

and decided by the district court, we cannot say that ASUSTeK has shown a clear and undisputable right to entitlement to such relief under the circumstances. 

Accordingly,

IT IS ORDERED THAT:

The petition is denied.

 March 1, 2023

 Date

FOR THE COURT

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 23-122 Document: 7 Page: 2 Filed: 03/01/2023
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 on Form 10-Q/A of Environmental
Solutions Worldwide, Inc. (the "Company") for the three months period ended
March 31, 2009 (the "Report"), David J. Johnson, Chief Executive Officer, and
President of the Company, hereby certify, pursuant to 18 U. S. C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

      (1) To my knowledge, the Report fully complies with the requirements of
      Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

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

                                           DATE: MAY 20, 2009

                                           /S/ DAVID J. JOHNSON
                                           --------------------
                                           DAVID J. JOHNSON
                                           CHIEF EXECUTIVE OFFICER AND PRESIDENT

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Environmental Solutions Worldwide,
Inc. and will be retained by Environmental Solutions Worldwide, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
```

EXHIBIT 32.1

                                   iDNA, INC.
                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                           PURSUANT TO 18 U.S.C. 1350
                 (SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

I, James J. McNamara, Chief Executive Officer of iDNA, Inc., a Delaware
corporation (the "Registrant"), in connection with the Registrant's Annual
Report on Form 10-K for the year ended January 31, 2007, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), do hereby
represent, warrant and certify 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, as amended; and

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

/s/ James J. McNamara
-----------------------------------
Name: James J. McNamara
Title: Chief Executive Officer
Date: May 11, 2007
```
§ 302-11.1 What is the purpose of an allowance for expenses incurred in connection with residence transactions? The purpose of an allowance for expenses incurred in connection with residence transaction is to reimburse you when you transfer from an old official station to a new official station for expenses that you incur due to: ( a ) The sale of one residence at your old official station, and/or the purchase of a residence at your new official station; or
( b ) The settlement expenses for a lease which has not expired on your residence or mobile home lot which is used as your permanent residence at your old official station.
[FTR Amdt. 98, 66 FR 58196, Nov. 20, 2001, as amended by FTR Amdt. 2010-07, 75 FR 72968, Nov. 29, 2010]
`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4322 Enrolled Bill (ENR)]

<DOC>

        H.R.4322

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act

  
 
  To amend the Small Business Act to increase the authorization for the 
development


                company program, and for other purposes.

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

SECTION 1. DEVELOPMENT COMPANY LOANS.

    Section 20(i)(2) of the Small Business Act (15 U.S.C. 631 note) is 
amended--
        (1) by striking ``$8,458,000,000'' and inserting 
    ``$8,758,000,000''; and
        (2) by striking ``$1,200,000,000'' and inserting 
    ``$1,500,000,000''.

SEC. 2. DISASTER LOAN PERSONNEL.

    Section 5(b)(8) of the Small Business Act (15 U.S.C. 634(b)(8)) is 
amended by striking the semicolon and inserting the following: ``: 
Provided, That the Administrator may extend the six-month limitation 
for an additional six months if the Administrator determines the 
extension is necessary to continue efficient disaster loan making 
activities;''.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.`
###### Editorial Note on Part 36

#### Editorial Note:

Nomenclature changes to part 36 appear at 74 FR 23956, May 22, 2009, 77 FR 30411, May 23, 2012, 82 FR 25538, June 2, 2017, and corrected at 83 FR 4153, Jan. 30, 2018. Nomenclature changes to part 36 also appear at 83 FR 63587, Dec. 11, 2018, and 84 FR 4360, Feb. 15, 2019.

#### § 36.121 General.

(a) The costs of central office equipment are carried in the following accounts:

| Central Office Switching | Account 2210. |
| --- | --- |
| Operator Systems | Account 2220. |
| Central Office Transmission | Account 2230. |

Table 1 to Paragraph (a)

(b) Records of the cost of central office equipment are usually maintained for each study area separately by accounts. However, each account frequently includes equipment having more than one use. Also, equipment in one account frequently is associated closely with equipment in the same building in another account. Therefore, the separations procedures for central office equipment have been designed to deal with categories of plant rather than with equipment in an account.

(c) In the separation of the cost of central office equipment among the operations, the first step is the assignment of the equipment in each study area to categories. The basic method of making this assignment is the identification of the equipment assignable to each category, and the determination of the cost of the identified equipment by analysis of accounting, engineering and other records.

(1) The cost of common equipment not assigned to a specific category, e.g., common power equipment, including emergency power equipment, aisle lighting and framework, including distributing frames, is distributed among the categories in proportion to the cost of equipment, (excluding power equipment not dependent upon common power equipment) directly assigned to categories.

(i) The cost of power equipment used by one category is assigned directly to that category, *e.g.,* 130-volt power supply provided for circuit equipment. The cost of emergency power equipment protecting only power equipment used by one category is also assigned directly to that category.

(ii) Where appropriate, a weighting factor is applied to the cost of circuit equipment in distributing the power plant costs not directly assigned, in order to reflect the generally greater power use per dollar of cost of this equipment.

(d) The second step is the apportionment of the cost of the equipment in each category among the operations through the application of appropriate use factors or by direct assignment.

[52 FR 17229, May 6, 1987, as amended at 69 FR 12549, Mar. 17, 2004; 83 FR 63584, Dec. 11, 2018]
§ 61.74 References to other instruments. ( a ) Except as otherwise provided in this and other sections of this part, no tariff publication filed with the Commission may make reference to any other tariff publication or to any other document or instrument.
( b ) Tariff publications filed by a carrier may reference other tariff publications filed by that carrier or its affiliates.
( c ) Tariffs for end-on-end through services may reference the tariffs of other carriers participating in the offering.
( d ) Tariffs may reference concurrences for the purpose of starting where rates or regulations applicable to a service not governed by the tariff may be found.
( e ) Tariffs may reference other FCC tariffs that are in effect and on file with the Commission for purposes of determining mileage, or specifying the operating centers at which a specific service is available.
( f ) Tariffs may reference technical publications which describe the engineering, specifications, or other technical aspects of a service offering, provided the following conditions are satisfied: ( 1 ) The tariff must contain a general description of the service offering, including basic parameters and structural elements of the offering;
( 2 ) The technical publication includes no rates, regulatory terms, or conditions which are required to be contained in the tariff, and any revisions to the technical publication do not affect rates, regulatory terms, or conditions included in the tariff, and do not change the basic nature of the offering;
( 3 ) The tariff indicates where the technical publication can be obtained;
( 4 ) The referenced technical publication is publicly available before the tariff is scheduled to take effect; and
( 5 ) The issuing carrier regularly revises its tariff to refer to the current edition of the referenced technical publication.
[49 FR 40869, Oct. 18, 1984, as amended at 61 FR 59366, Nov. 22, 1996; 64 FR 46592, Aug. 26, 1999; 66 FR 16881, Mar. 28, 2001; 84 FR 65016, Nov. 26, 2019]
<PAGE>

Exhibit 32.2

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

In connection with the Quarterly Report of MDI Technologies, Inc. (the
"Company")on Form 10-QSB for the period ended June 30, 2004, as filed with the
Securities and Exchange Commission on August 13, 2004 (the "Periodic report"),
I, Thomas K. Andrew, Chief Financial Officer of the Company, hereby 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 (15U.S.C. 78m or
            78o(d); and

      2.    The information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company.

/S/ Thomas K. Andrew

Thomas K. Andrew
Chief Financial Officer
August 13, 2004
No. 11-5511.

#### Ornelas Diaz *v.*Campbell, Warden.

C. A. 9th Cir. Certiorari denied.
No. 11-5539.

#### Layne *v.*United States.

C. A. 3d Cir. Certio-rari denied.
#### § 64.1514 Generation of signalling tones.

No common carrier shall assign a telephone number for any pay-per-call service that employs broadcast advertising which generates the audible tones necessary to complete a call to a pay-per-call service.
#### § 61.44 [Reserved]
No. 11-5356.

#### Adkins *v.*United States.

Ct. App. D. C. Cer-tiorari denied.
§ 5.704 Marketing of devices under Spectrum Horizons experimental radio licenses. Unless otherwise stated in the instrument of authorization, devices operating in accordance with a Spectrum Horizons experimental radio license may be marketed subject to the following conditions: ( a ) Marketing of devices (as defined in § 2.803 of this chapter) and provision of services for hire is permitted before the radio frequency device has been authorized by the Commission.
( b ) Licensees are required to ensure that experimental devices are either rendered inoperable or retrieved by them from trial participants at the conclusion of the trial. Licensees are required to notify experiment participants in advance of the trial that operation of the experimental device is subject to this condition. Each device sold under this program must be labeled as “Authorized Under An Experimental License and May be Subject to Further Conditions Including Termination of Operation” and carry a licensee assigned equipment ID number.
( c ) The size and scope of operations under a Spectrum Horizons experimental license are subject to limitations as the Commission shall establish on a case-by-case basis.
325P15

#### State v. Mohammed N. Jilani

Def’s *Pro Se*Petition for *Writ of Mandamus*

Dismissed 09/22/2015
###### Editorial Note on Part 1

#### Editorial Note:

Nomenclature changes to part 1 appear at 63 FR 54077, Oct. 8, 1998.

#### § 1.7010 Authority to update the Broadband Data Collection.

The Office of International Affairs, Space Bureau, Wireless Telecommunications Bureau, Wireline Competition Bureau, and Office of Economics and Analytics may update the specific format of data to be submitted pursuant to the Broadband Data Collection to reflect changes over time in Geographical Information Systems (GIS) and other data storage and processing functionalities and may implement any technical improvements or other clarifications to the filing mechanism and forms.

[88 FR 21436, Apr. 10, 2023, as amended at 89 FR 66268, Aug. 15, 2024]
No. 11-5521.

#### Shaw *v.*Watson, Warden.

C. A. 4th Cir. Cer-tiorari denied.
# Curriculum Changes and the Joint Education Transformation Effort

/ Published April 14, 2014

Thank you for your continued strong interest and active participation in NDU iCollege courses and programs. Though 2013 was a year of government cutbacks and sequestration, NDU, to include the iCollege, grabbed the opportunity as a whole to change and emerge leaner and stronger! We are changing and realigning to support the Chairman’s Joint Force 2020 vision, the DoD CIO’s new responsibilities in the Joint Information Environment (JIE) (DoD Memo, May 6, 2013), and the DoD Cyberspace Workforce Strategy (Nov 2013). To better meet the needs of you (our students) and stakeholders, the iCollege streamlined its educational programs so you can access and complete your studies over a shorter time period. The following changes are effective 1 July 2014: 
      - 36 graduate credit hours (vice 39) now needed to earn our Master of Science Degree in Government Information Leadership
      - 6 course (vice 8) required to complete our Cyber Leadership, IT Program Management, Chief Information Officer, and Chief Financial Officer certificate programs
      - Enterprise Architecture program is now a 2-certificate (vice 3) offering, with 4 courses per tier
      - Cyber Security (Cyber-S) program remains a 3-tier program, but now requires 3, 4, and 6 courses respectively (vice 4, 5, and 8 courses)
      - Government Strategic Leader (GSL) certificate and GSL concentration in the Master’s Degree are being phased out (no new GSL applications accepted)
      - Streamlined and combined several courses (program graphics on web outline the changes)
      - New iCollege website allows easier access to course information and college links
      - Working with our 35+ academic partner universities to adjust agreements for credit transfer.
https://icollege.ndu.edulogann@ndu.eduiCollegeOSS@ndu.edu
No. 10-11295.

#### Sandoval-Sianuqui *v.*United States.

C. A. 8th Cir. Certiorari denied.
# Ms. Michele Markoff

### Distinguished Scholar

### 

### 

Michele Markoff is the inaugural Distinguished Scholar of the College of Information and Cyberspace at National Defense University, as well as recipient of the 2023 Rear Admiral Grace Hopper Award. For decades, Ms. Markoff had served as the senior State Department subject matter expert overseeing the development and implementation of foreign policy initiatives on cyberspace issues. She previously served as Deputy Coordinator for Cyber Issues in the Office of the Coordinator for Cyber Affairs, and most recently as the Acting Deputy Assistant Secretary of State for International Cyberspace Security in the new Bureau of Cyberspace and Digital Policy. Her full State Department biography can be seen here.
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Bancshares of Florida, Inc. (the Company) on Form 10-Q for the period ended March 31, 2006 as filed with the Securities and Exchange Commission (the
Report), I, Michael L. McMullan, President, Chief Executive Officer and Principal Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as added by 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. | To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for
the period covered by the Report.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |     |  |                            
|----------------- |  | --- |  | ---------------------------
|Date: May 3, 2006 |  | By: |  | /s/ Michael L. McMullan    
|                  |  |     |  | Michael L. McMullan,       
|                  |  |     |  | Principal Executive Officer
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

DAVID A. MOSINSKI,

Petitioner

v.

OFFICE OF PERSONNEL MANAGEMENT,

Respondent

______________________

2024-1333

______________________

Petition for review of the Merit Systems Protection 

Board in No. CH-0842-21-0268-I-1.

______________________

ON MOTION

______________________

O R D E R

David A. Mosinski informs the court that he wishes to 

withdraw this petition for review, which the court construes as a motion to voluntarily dismiss pursuant to Federal Rule of Appellate Procedure 42(b). The Office of 

Personnel Management consents to the dismissal, with 

each party to bears its own cost.

Upon consideration thereof,

IT IS ORDERED THAT:

Case: 24-1333 Document: 7 Page: 1 Filed: 02/21/2024
2 MOSINSKI v. OPM

(1) The petition is dismissed.

(2) Each party shall bear its own costs.

February 21, 2024

 Date

FOR THE COURT

ISSUED AS A MANDATE: February 21, 2024

Case: 24-1333 Document: 7 Page: 2 Filed: 02/21/2024
Ex. 99.2

                                  HIV-VAC, INC.
                            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  HIV-VAC,   Inc.  (the
"Company") on Form 10-QSB for the period ending December 31, 2002, as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Sally Del Principe, the Chief Financial Officer of the Company,  hereby certify,
pursuant  to 18  U.S.C.  ss.  1350,  as  adopted  pursuant  to  ss.  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 result of operations of the Company.



                                                /s/ Sally Del Principe
                                                ----------------------

                                                Sally Del Principe

                                                Chief Financial Officer

February 14, 2003







                                       20
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350


In connection with this Quarterly Report of HIV-VAC Inc. (the "Company") on Form
10-Q for the year period ended March 31, 2008, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Kevin Murray,
Chief Executive Officer of the Company, certifies to the best of his knowledge,
pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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 such Annual Report on Form 10-Q for the
         period ending March 31, 2008, fairly presents, in all material
         respects, the financial condition and results of operations of HIV-VAC
         Inc.

Date: September 30, 2011

/s/ Kevin Murray
Kevin Murray
Chief Executive Officer