alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals **San Antonio, Texas** MEMORANDUM OPINION
No. 04

- 1 3

- 00 175

- CV
IN RE TRANSACTION CLEARING, LLC and Betty A. AGUILAR Original Mandamus Proceeding 1
PER CURIAM Sitting: Sandee Bryan Marion, Justice Rebeca C. Martinez , Justice Patricia O. Alvarez, Justice Delivered and Filed: March 20, 2013
PETITION FOR WRIT OF MANDAMUS DENIED
On March 13, 2013 , R elator s Transaction Clearing, LLC and Betty A. Aguilar filed a petition for writ of mandamus and an emergency motion for temporary relief. In the petition for writ of mandamus, Relators complain the trial court abused its discretion in issuing an order on January 16, 2013 granting the petition to take the Rule 202 presuit depositions filed by Re al Parties in Interest Bizteam, LLC, Business Asst, LLC, and United Prosolve, LLC. See T EX
. R. C IV
. P. 202.1, et seq. One of the grounds asserted by Relators in the petition for writ of mandamus is that the claims on which discovery is sought are now the subject of pending arbitration proceedings. The

1 This proceeding arises out of Cause No. 2012

- CI

- 18963 , styled In re Bizteam, LLC, Business Asst, LLC, and United Prosolve, LLC , pending in the 408th Judicial District Court , Bexar County, Texas, the Honorable Larry Noll presiding. However, the order complained of was signed by the Honorable Mic hael Mery, presiding judge of the 37th Judicial District Court, Bexar County, Texas.04

- 13

- 00175

- CV

- 2

- record indicates the hearing on the presuit depositions was conducted on January 11, 2013, at which time the trial court made the oral ruling granting the depositions. A written order was signed by the tri al court on January 16, 2013. In their petition, Relators indicate that on January 14, 2013 Relators filed demands for arbitration and the American Arbitration Association has already accepted jurisdiction over the controversies and ordered the parties to proceed with the selection of arbitrators. Therefore, Relators contend the pending arbitration precludes the presuit deposition from being held. However, the record fails to reflect that Relators ever presented this argument to the trial court prior to seeking mandamus relief from this court. See Terrazas v. Ramirez , 829 S.W.2d 712, 723 (Tex. 1991) (orig. proceeding) (holding that as a general rule mandamus is not available to compel an action which has not first been demanded and refused). At the tim e the trial court entered its order, there is nothing in the record to indicate Relators had made the trial court aware the claims had been submitted to arbitration. Therefore, we conclude it was improper for Relators to seek relief from this court withou t first giving the trial court the opportunity to reconsider its ruling on the presuit deposition in light of the now pending arbitration. Accordingly, we DENY the petition for writ of mandamus and the emergency motion for temporary relief. See T EX
. R. A PP
. P. 52.8( a).
PER CURIAM
§ 155.1030 QHP certification standards related to advance payments of the premium tax credit and cost-sharing reductions. ( a ) *Review of plan variations for cost-sharing reductions.* ( 1 ) An Exchange must ensure that each issuer that offers, or intends to offer a health plan at any level of coverage in the individual market on the Exchange submits the required plan variations for the health plan as described in § 156.420 of this subchapter. The Exchange must certify that the plan variations meet the requirements of § 156.420.
( 2 ) The Exchange must provide to HHS the actuarial values of each QHP and silver plan variation, calculated under § 156.135 of this subchapter, in the manner and timeframe established by HHS.
( b ) *Information for administering advance payments of the premium tax credit and advance payments of cost-sharing reductions.* ( 1 ) The Exchange must collect and review annually the rate allocation and the actuarial memorandum that an issuer submits to the Exchange under § 156.470 of this subchapter, to ensure that the allocation meets the standards set forth in § 156.470(c) and (d) of this subchapter.
( 2 ) The Exchange must submit, in the manner and timeframe established by HHS, to HHS the approved allocations and actuarial memorandum underlying the approved allocations for each health plan at any level of coverage or stand-alone dental plan offered, or intended to be offered in the individual market on the Exchange.
( 3 ) The Exchange must use the methodology specified in the annual HHS notice of benefit and payment parameters to calculate advance payment amounts for cost-sharing reductions, and must transmit the advance payment amounts to HHS, in accordance with § 156.340(a) of this subchapter.
( 4 ) HHS may use the information provided to HHS by the Exchange under this section for oversight of advance payments of cost-sharing reductions and premium tax credits.
( c ) *Multi-State plans.* The U.S. Office of Personnel Management will ensure compliance with the standards referenced in this section for multi-State plans, as defined in § 155.1000(a).
[78 FR 15534, Mar. 11, 2013, as amended at 79 FR 13839, Mar. 11, 2014]
#### § 201.11 Personnel merit system review.

A personnel merit system review is carried out by the Office of State Merit Systems of the Office of the Assistant Secretary for Administration of the Department. The purpose of the review is to evaluate the effectiveness of the State merit system relating to the public assistance programs and to determine whether there is compliance with Federal requirements in the administration of the merit system plan. See part 70 of this title.
#### § 2551.42 What types of criminal convictions or other adjudications disqualify an individual from serving as a Senior Companion or as a Senior Companion grant-funded employee?

###### Cross Reference

Link to an amendment published at 89 FR 70542, Aug. 30, 2024.

Any individual who is registered, or who is required to be registered, on a State sex offender registry, or who has been convicted of murder, as defined under Federal law in section 1111 of title 18, United States Code, is deemed unsuitable for, and may not serve in, a position as a Senior Companion or as a Senior Companion grant-funded employee.

[74 FR 46508, Sept. 10, 2009]
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 Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393), The Boise and Payette National Forests' Southwest Idaho Resource Advisory Committee will conduct a business meeting, which is open to the public.

# DATES:

Wednesday, December 6, 2006, beginning at 10:30 a.m.

# ADDRESSES:

Idaho Counties Risk Management Program Building, 3100 South Vista Avenue, Boise, Idaho.

# SUPPLEMENTARY INFORMATION:

Agenda topics will include review and approval of project proposals, and is an open public forum.

# FOR FURTHER INFORMATION CONTACT:

                        Doug Gochnour, Designated Federal Officer, at 208-392-6681 or e-mail                         *dgochnour@fs.fed.us.*

Dated: November 8, 2006.

Richard A. Smith,

Forest Supervisor, Boise National Forest.

[FR Doc. 06-9198 Filed 11-14-06; 8:45 am]

BILLING CODE 3410-11-M
§ 212.4 Reception; initial determination, provisions of temporary assistance. ( a ) The Administration, or the agency upon notification by the Administration, will meet individuals identified as provided in § 212.3(b), at the port of entry or debarkation.
( b ) The Administration or agency will make findings, setting forth the pertinent facts and conclusions, and an initial determination, according to standards established by the Administration, as to whether an individual is an eligible person.
( c ) The Administration or agency will provide temporary assistance within the United States to an eligible person, according to standards of need established by the Administration, upon arrival at the port of entry or debarkation, during transportation to his intermediate and ultimate destinations, and after arrival at such destinations.
( d ) Temporary assistance may be furnished only for 90 days from the day of arrival of the eligible person in the United States unless he is handicapped in attaining self-support or self-care for such reasons as age, disability, or lack of vocational preparation. In such cases temporary assistance may be extended upon prior authorization by the Administration for nine additional months.
[39 FR 26548, July 19, 1974, as amended at 40 FR 43218, Sept. 19, 1975; 53 FR 36580, Sept. 21, 1988]
Exhibit 23

 

**Consent of Independent Registered Public Accounting Firm**

 

To the Board of Directors of HSBC Finance Corporation:

 

We consent to the incorporation by reference in the Registration Statement No. 333-131714-02 on Form S-3  of HSBC Automotive Trust (USA) 2006-2 of our reports dated March 5, 2007 included as Exhibits 34.1, 34.2, 34.3, 34.4 and 34.5 in this Annual Report on Form 10-K of HSBC Automotive Trust (USA) 2006-2 for the year ended December 31, 2006.

 

/s/ KPMG LLP

 

Chicago, Illinois

March 28, 2007
#### § 2506.54 Can a judgment I have obtained against the United States be used to satisfy a debt that I owe to the Corporation?

Yes. Collection by offset against a judgment obtained by a debtor against the United States will be accomplished in accordance with 31 U.S.C. 3728 and 31 U.S.C. 3716.
§ 1233.10 How does the Director make efforts to accommodate intergovernmental concerns? ( a ) If a state process provides a state process recommendation to the Agency through its single point of contact, the Director either: ( 1 ) Accepts the recommendation;
( 2 ) Reaches a mutually agreeable solution with the state process; or
( 3 ) Provides the single point of contact with a written explanation of the Agency's decision, in such form as the Director in his or her discretion deems appropriate. The Director may also supplement the written explanation by providing the explanation to the single point of contact by telephone, other telecommunication, or other means.
( b ) In any explanation under paragraph (a)(3) of this section, the Director informs the single point of contact that: ( 1 ) The Agency will not implement its decision for at least ten days after the single point of contact receives the explanation; or
( 2 ) The Director has reviewed the decision and determined that, because of unusual circumstances, the waiting period of at least ten days is not feasible.
( c ) For purpose of computing the waiting period under paragraph (b)(1) of this section, a single point of contact is presumed to have received written notification 5 days after the date of mailing of such notification.
#### Thurston, Appellant, *v.*Assets Realization Company

(No. 2).

July 15, 1914:

Opinion by

Henderson, J.,

The same questions arise in this appeal which were considered and disposed of in the appeal of I. Leonard Aronson in an opinion this day filed, ante, p. 99, arising out of the same case. For the reasons there stated this appeal is dismissed and the judgment affirmed at the cost of the appellant.
EXHIBIT 35.1
            SERVICER COMPLIANCE STATEMENT (ITEM 1123)
                 RESIDENTIAL FUNDING COMPANY, LLC
        RAMP SERIES 2006-RZ3 TRUST (THE "ISSUING ENTITY")

The undersigned,  a duly authorized officer of Residential Funding Company, LLC,
as servicer (the  "Servicer")  pursuant to the Pooling and Servicing  Agreement,
dated as of July 1, 2006 (as amended from time to time, the "Agreement"),  among
Residential Asset Mortgage  Products,  Inc., as depositor,  Residential  Funding
Company, LLC (formerly Residential Funding Corporation), as master servicer, and
JPMorgan Chase Bank, N.A., as trustee, does hereby certify that:


1. A review of the  Servicer's  activities  during  the  period  covered  by the
Issuing Entity's report on Form 10-K and of the Servicer's performance under the
Agreement has been made under my supervision.


2. To the best of my knowledge, based on such review, the Servicer has fulfilled
all of its obligations under the Agreement in all material  respects  throughout
such  period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 26th
day of March 2007.

By:  /s/ Anthony N. Renzi
      Name: Anthony N. Renzi
      Title: Managing Director
<PAGE>

                                                                      EXHIBIT 18

To the Audit Committee of the Board of Directors
Park-Ohio Industries, Inc.
23000 Euclid Avenue
Cleveland, Ohio 44117

     Note B of the notes to the consolidated financial statements of Park-Ohio
Industries, Inc. included in its quarterly report on Form 10-Q for the six
months ended June 30, 2003 describes a change in the method of accounting for
inventory at certain subsidiaries of the Company from the last-in, first-out
(LIFO) method to the first-in, first-out (FIFO) method. There are no
authoritative criteria for determining a preferable inventory method based on
the particular circumstances; however, we conclude that such change in the
method of accounting for inventory at certain subsidiaries is to an acceptable
alternative method which, based on your business judgment to make this change
and for the stated reasons, is preferable in your circumstances. We have not
conducted an audit in accordance with generally accepted auditing standards of
any financial statements of the Company as of any date or for any period
subsequent to December 31, 2002 and, therefore, we do not express any opinion on
any financial statement of Park-Ohio Industries, Inc. subsequent to that date.
                                          Very truly yours,

                                          /s/ Ernst & Young LLP

Cleveland, Ohio
August 12, 2003

                                        23
§ 2105.56 How do you file an appeal? ( a ) You must submit the appeal in writing by mail, fax or email to the FOIA Appeals Officer (using the address available at *https://www.cfa.gov/foia/*). Your failure to send an appeal directly to the FOIA Appeals Officer may delay processing.
( b ) The appeal must include: ( 1 ) Copies of all correspondence between you and the Agency concerning the FOIA request, including the request and the Agency's response (if there is one); and
( 2 ) An explanation of why you believe the Agency's response was in error.
( c ) The appeal should include your name, mailing address, daytime telephone number (or the name and telephone number of an appropriate contact), email address, and fax number (if available) in case the Agency needs additional information or clarification.
( d ) An appeal concerning a denial of expedited processing or a fee waiver denial should also demonstrate fully how the criteria in § 2105.18 or §§ 2105.43 and 2105.46 are met.
( e ) All communications concerning an appeal should be clearly marked with the words: “FREEDOM OF INFORMATION APPEAL.”
( f ) The Agency will reject an appeal that does not attach all correspondence required by paragraph (b)(1) of this section, unless the FOIA Appeals Officer determines, in his or her sole discretion, that good cause exists to accept the defective appeal. The time limits for responding to an appeal will not begin to run until the correspondence is received.
#### § 2104.101 Purpose.

This part effectuates section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the United States Postal Service.
§ 1321.7 Organization and staffing of the State agency. ( a ) The State shall designate a sole State agency to develop and administer the State plan required under this part and part 1324 of this chapter and to serve as the effective and visible advocate for older adults within the State.
( b ) The State agency shall have an adequate number of qualified staff to fulfill the functions prescribed in this part.
( c ) The State agency shall establish, contract, or otherwise arrange with another agency or organization as permitted by section 307(a)(9)(A) of the Act (42 U.S.C. 3027(a)(9)(A)), an Office of the State Long-Term Care Ombudsman. Such Office must be headed by a full-time Ombudsman and consist of other staff as appropriate to fulfill responsibilities as set forth in part 1324, subpart A, of this chapter.
( d ) If a State statute establishes an Ombudsman program which will perform the functions of section 307(a)(9)(A) of the Act (42 U.S.C. 3027(a)(9)(A)), the State agency continues to be responsible for assuring that the requirements of this program under the Act and as set forth in part 1324, subpart A, of this chapter, are met, notwithstanding any additional requirements or funding related to State law. In such cases where State law may conflict with the Act, the Governor shall confirm understanding of the State agency's continuing obligations under the Act through an assurance in the State plan.
( e ) The State agency shall have as set forth in section 307(a)(13) (42 U.S.C. 3027(a)(13)) and section 731 of the Act (42 U.S.C. 3058j) and 45 CFR part 1324, subpart C, a Legal Assistance Developer, and such other personnel as appropriate to provide State leadership in developing legal assistance programs for older individuals throughout the State.
<PAGE>


                                AMENDMENT NO. 3
                                       TO
                             FALCON PRODUCTS, INC.
                  AMENDED AND RESTATED 1991 STOCK OPTION PLAN


         WHEREAS, Falcon Products, Inc. (the "Company") has heretofore adopted
the Falcon Products, Inc. Amended and Restated 1991 Stock Option Plan (the
"Plan"), under which Plan, as heretofore amended (and taking into effect stock
dividends and splits), an aggregate of 1,100,000 shares of the Company's common
stock, par value $.02 per share, may be issued upon the exercise of incentive
and nonqualified stock options granted pursuant to and in accordance with the
terms of such Plan;

         WHEREAS, the Company desires to grant or has granted options,
notwithstanding the fact that the number of shares of Common Stock for which
options may currently be granted under the Plan is insufficient to cover all
granted options; and

         WHEREAS, based upon the current circumstances, the Compensation
Committee of the Board of Directors of the Company has recommended that the
Plan be amended to increase the number of shares issuable upon exercise of
options granted under the Plan from 1,100,000 to 1,500,000, and accordingly,
the Board of Directors has authorized such proposed amendment to the Plan and
resolved to present such amendment to the 2000 Annual Meeting of Shareholders
of the Company;

         NOW, THEREFORE, subject to the approval of the stockholders of the
Company within 12 months of the date hereof, the first sentence of Article III
of the Plan be and hereby is deleted in its entirety, and the following
substituted in lieu thereof to constitute the first sentence of said Article
III from and after the effectiveness of this amendment:

                  "The aggregate number of shares which may be issued under the
         Plan shall not exceed 1,500,000 shares of Stock."

         IN WITNESS WHEREOF, this Amendment is dated as of the 1st day of
April, 1999.


                               By: /s/ Franklin A. Jacobs
                                   --------------------------------------------
                                       Franklin A. Jacobs, Chairman of the
                                       Board, President and Chief
                                       Executive Officer
EXHIBIT
32.2





CERTIFICATION
OF CHIEF FINANCIAL OFFICER





PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Brian
Bonar, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the annual report
on Form 10-K of Allegiant Professional Services, Inc. for the fiscal year ended
September 30, 2008 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that information contained in
such report fairly presents, in all material respects, the financial condition
and results of operations of Allegiant Professional Services, Inc.





Dated:
      January 6, 2010
            By:
            /s/
      Brian BonarBrian
      BonarPrincipal
      Financial Officer
**EXHIBIT
      32.1**


**and**


**EXHIBIT
      32.2**





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 Annual Report of La Cortez Energy, Inc. (the “Company”) on
      Form 10-KSB for the year ended December 31, 2007 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Maria de la Luz,
      Chief Executive and Financial 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.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.






/s/
      Maria de la Luz





Name:
      Maria de la Luz


Title:  
      Chief Executive and Financial Officer


Date: March
      31,
      2008
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h

Mar i lyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk May 24, 2011

y0516 

# Order

May 24, 2011

142354 & (13)

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 142354 COA: 298028 Wayne CC: 08-010345-FC DESJUAN JAMES MURRAY, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the November 10, 2010 order of the Court of Appeals is consider ed, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. The motion to
remand is DENIED.

Z AHRA 

### , J., did not participate because he was on the Court of Appeals panel.