alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## In The Court of Appeals Seventh District of Texas at Amarillo

No. 07 - 19 - 00376 - CV IN THE INTEREST OF E.P.T. , L.H.T. , T.G.T. , I.A.T. ,

O.J.T. , AND W.M.T. , CHILDREN On Appeal from the 126th District Court Travis County , Texas Trial Court No. D - 1 - FM - 15 - 000462 , Honorable Jan Soifer , Presiding



### June 29 , 2020 MEMORANDUM OPINION Before QUINN , C.J. , and P ARKER and DOSS , JJ. Appellan t , father of the six children subject of the above referenced cause , appeals the trial court ’ s “ Final Order ” modif ying an agreed divorce decree allowing for a change in conservatorship rights for one child and a reduction in child support. So too did it award Mother $6 , 597.09 in attorney ’ s fees. It is the award of attorney ’ s fees that prompted Father to file this appeal
. In a single issue , he asserts that the trial court erred by granting2

Mother attorney ’ s fees because it failed to give a reason other than “ good cause ” for the award
. 1 We affirm
. 2 Father ’ s objection to the attorney ’ s fee award to Mother was not made until he filed his appellate brief. This is fatal to his complaint . Father was required to broach the issue with the trial court first and after rendition of the order about which complaint is made. See Barndt v. Barndt , No. 03 - 17 - 00796 - CV , 2019 Tex. Ap p. LEXIS 3180 , at *13 (Tex. App.
— Austin Apr. 19 , 2019 , no pet . ) (mem. op.) (requiring preservation of the issue in the trial court) ; Henry v. Henry , 48 S.W.3d 468 , 481 (T e x. App.
— Houston [14 th Dist.] 2001 , no pet.) (requiring same)
. Because Father ’ s compla int was not brought to the trial court ’ s attention after rendition of the order , it was not preserved. See Barndt , 2019 Tex. App. LEXIS 3180 , at * 13
. Abiding by controlling precedent of the Austin Court of Appeals in disposing of this cause transferred from that court , we overrule the sole issue and affirm the judgment of the trial court. Per Curiam

1 Appellee filed a letter with this Court that contained the following: “ The amount in controversy in thi s appea l is an awa rd of a tt orney ’ s fees of $6 , 597.09. T he amount in contro ve rs y does n ot justify the time and expense of revi e wing the r ecord an d p r epar i ng an Appe ll ee ’ s Brief. As a re s u l t , Appe ll ee Stac y Thom as do es not pl a n to file a n Appe lle e ’ s Bri ef unle ss r e que s ted b y the Court. However , I do not be li eve th a t the Tria l Court ab u se d it s di scret i o n w h e n i t awarded Stacy Thom as $ 6 , 597.09 in attorney ’ s fee s . ”

2 Because this appeal was transferred from the Third Court of Appeals , we are obligated to apply its precedent when available in the event of a conflict between the precedents of that court and this Court. See T EX . R. A PP . P. 41.3.
Wdesk | Exhibit








Exhibit 10(a)(3)
AMENDMENT TO EMPLOYMENT AGREEMENT
This Amendment to Employment Agreement is made and effective as of April 3, 2018, by and between John B. Griffith (hereinafter “Executive”), and 1st Source Corporation, an Indiana corporation (hereinafter “Employer”).
WHEREAS, Executive is currently employed as the Secretary and General Counsel of Employer and Executive Vice President, Secretary and General Counsel of Employer’s subsidiary, 1st Source Bank (“Bank”), pursuant to that certain Employment Agreement, dated as of January 1, 2008, and amended as of February 6, 2014 (“Employment Agreement”); and 
WHEREAS, Executive and Employer have agreed to further amend the Employment Agreement as provided below.
NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements contained in the Employment Agreement and this Amendment, Executive and Employer hereby agree that Section 6(b) of the Employment Agreement is hereby amended to read as follows:
“6(b).  If such termination occurs within one (1) year after a Change in Control of Employer or Bank, then as severance pay and in lieu of any further compensation for periods subsequent to the effective date of such termination, Executive shall receive, within thirty (30) days following such termination, an amount in cash equal to 2.99 times his “annualized includable compensation for the base period” (as defined in Section 280G(d)(1) of the Internal Revenue Code of 1986, as amended (the “Code”)), provided that, for purposes of such calculation, Executive’s average annual compensation shall be determined by excluding all compensation other than Executive’s annual base pay and any bonuses awarded under the Company’s bonus plans, and specifically excluding any accelerated vesting or conversion of stock awards or exercise of stock options regardless of their inclusion in the Executive’s reportable gross income.”      
As hereby modified, the Employment Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Employment Agreement as of the day and year first written above.
1st Source Corporation
	
					
	By:
	/s/ Christopher J. Murphy III
	 
	 
	/s/ John B. Griffith

	 
	Christopher J. Murphy III
	 
	 
	John B. Griffith

	 
	Chairman of the Board and 
	 
	 
	 

	 
	Chief Executive Officer
**EXHIBIT32.2****CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350**In connection with the Quarterly Report on Form 10-Q of Medwave, Inc. (the “Company”) for thequarterly period ended December 31, 2006, as filed with the Securities and Exchange Commission onFebruary 14, 2007 (the “Report”), the undersigned, in the capacities and dates listed below, herebycertifies that: (1) The Report fully complies with the requirements of Section 13(a) or 15(d), asapplicable, of the Securities Exchange Act of 1934; and  (2) The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.This Certification is provided solely pursuant to 18 U.S.C. Section 1350, and Item 601(b)(32) ofRegulation S-K promulgated under the Securities Act of 1933, as amended, and shall not be deemedpart of the Report or “filed” for any purpose whatsoever, nor shall it be deemed incorporated byreference into any filing under the Securities Act of 1933 or the Securities Exchange Act of 1934.Date: February 14, 2007         By:                                         /s/ Ramon L Burton    Ramon L Burton    Chief Financial Officer
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ORDER

Page - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

 

UNITED STATES OF AMERICA,

 

 Plaintiff,

 v.

IAN ELTON FUHR,

 

 Defendants.

Case No. CR05-391RSM

 Minute Order

Re: Settlement Conference

THIS matter was referred by the Honorable Ricardo S. Martinez to U.S.Magistrate Judge, J. Kelley

Arnold, for purposes of a settlement conference following a motion by the defendant to withdraw his plea of

guilty.

Judge Arnold met with the parties and counsel on December 8, 2006 and a tentative resolution was

reached which Judge Arnold indicated would be confirmed by January 8, 2007. The parties have continued

to engage in discussion with Judge Arnold telephonically. The parties and counsel again met with Judge Arnold

on February 12 and the parties reached a final resolution which was confirmed by defendant’s “Motion to

Withdraw Pending Motion to Withdraw Plea of Guilty (Doc#871). Accordingly the matter may be scheduled

for sentencing.

Entered by Deputy Clerk, /s/Kelly Miller, this 13th day of February 2005.

Case 2:05-cr-00391-RSM Document 874 Filed 02/13/07 Page 1 of 1
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SANTOS RODAS DE LEON;

MARCELA JULIETA ARRIAGASANTIZO,

 Petitioners,

 v.

ERIC H. HOLDER Jr., Attorney General,

 Respondent.

No. 07-74859

Agency Nos. A098-429-775

 A098-429-776

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted April 5, 2010** 

Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.

Santos Rodas De Leon and his wife, natives and citizens of Guatemala,

petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order

FILED

APR 15 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 07-74859

dismissing their appeal from an immigration judge’s decision denying their

application for asylum and withholding of removal. We have jurisdiction under 8

U.S.C. § 1252. We review for substantial evidence factual findings, INS v. EliasZacarias, 502 U.S. 478, 481 n.1 (1992), and we review de novo questions of law,

Rivera v. Mukasey, 508 F.3d 1271, 1274-75 (9th Cir. 2007). We deny the petition

for review.

Rodas De Leon fears persecution from the National Advancement Party

based on his uncle’s political activities. Substantial evidence supports the agency’s

conclusion that Rodas De Leon did not establish that he was or would be

persecuted on account of an actual or imputed political opinion. See Sangha v.

INS, 103 F.3d 1482, 1489-90 (9th Cir. 1997); Ochoa v. Gonzales, 406 F.3d 1166,

1170-72 (9th Cir. 2005). Accordingly, petitioners’ asylum and withholding of

removal claims fail. See Ochoa, 406 F.3d at 1172.

Finally, petitioners’ due process claim that the BIA failed to consider all of

their evidence fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (no due

process violation where no prejudice).

PETITION FOR REVIEW DENIED.
**Exhibit 32.01**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF2002**

 

In connection with the Annual Report of BakhuHoldings Corp. (the “Company”) on Form 10-K for the period ending July 31, 2019 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Thomas K. Emmitt, Chief Executive Officer and Chief FinancialOfficer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-OxleyAct of 2002, that, to the best of our knowledge and belief:

 

(1)        TheReport fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(2)        Theinformation contained in the Report fairly presents, in all material respects, the financial condition and result of operationsof the Company.

 

 

Dated: December 19, 2019

 

/s/ Thomas K. Emmitt 

By: Thomas K. Emmitt

Chief Executive Officer and Chief Financial Officer

 

 

A signed original of this written statementrequired by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typedform within the electronic version of this written statement has been provided to the Company and will be retained by the Companyand furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.1





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


(SECTION 906 OF SARBANES-OXLEY ACT OF 2002)





In connection with the Annual Report of, BookMerge Technologies Inc., (the "Company") on Form 10-K for the period ending June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Wayne A Doss, President, Chief Executive Officer, Chief Financial Officer and Director of the Company, hereby certify, 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 the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated: October 26, 2010





By: /s/ Wayne A Doss


Wayne A Doss, President,


Chief Executive Officer,


Chief Financial Officer and Director
Exhibit 15.3

March 25, 2011

China Distance Education Holdings Limited (the Company)

18th Floor, Xueyuan International Tower

1 Zhichun Road, Haidian District

Beijing 100083, Peoples Republic of China

Ladies and Gentlemen:

We have acted as legal
advisors as to the laws of the Peoples Republic of China to the Company in connection with the filing by the Company with the United States Securities and Exchange Commission of an annual report on Form 20-F for the fiscal year ended
September 30, 2010 and any amendments thereto (the Annual Report).

We hereby consent to the use and reference to our name
and our opinions and views in the Annual Report. We further consent to the filing of this letter as an exhibit to the Annual Report.

In
giving such consent, we do not thereby admit that we come within the category of persons whose consent is required under Section 7 of the United States Securities Act of 1933, as amended, or the regulations promulgated thereunder.

Sincerely yours,



|                        
|------------------------
|/s/ Jingtian & Gongcheng
|Jingtian & Gongcheng
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ORDER

Page - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

TROY DEIMERLY,

Plaintiff,

v.

DAVE JOHNSON, et al.,

Defendants.

Case No. C06-5002 RBL/KLS

ORDER GRANTING

PLAINTIFF’S REQUEST FOR

COPY OF DOCKET

This 42 U.S.C. § 1983 civil rights action has been referred to United States Magistrate Judge Karen L.

Strombom pursuant to Title 28 U.S.C. § 636(b)(1) and Local MJR 3, and MJR 4. Before the Court is

Plaintiff’s request for verification that various filings have been received and docketed by the Court Clerk.

Accordingly, the Clerk of the Court is directed to send a copy of the docket to Plaintiff. 

DATED this 9th day of November, 2006.

A

Karen L. Strombom

United States Magistrate Judge

Case 3:06-cv-05002-RBL Document 58 Filed 11/09/06 Page 1 of 1
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ORDER – 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

RONALD BASKETT,

Plaintiff,

v.

RONALD KESSLER,

Defendant.

CASE NO. C05-1777MJP

ORDER DISMISSING

PLAINTIFF’S § 1983 ACTION

The Court, having reviewed the Report and Recommendation of the Honorable

Monica J. Benton, United States Magistrate Judge, the balance of the record, and

Plaintiff’s Objection to the Report and Recommendation, does hereby find and ORDER:

(1) The complaint, and this action, are DISMISSED without prejudice for

failure to state a claim upon which relief may be granted. “An application

for a writ of habeus corpus on behalf of a person in custody pursuant to the

judgment of a state court shall not be granted unless it appears that the

applicant has exhausted all remedies available in the courts of the State.” 28

USC § 2254 (b)(1)(A).

(2) Dismissal of Plaintiff’s claim moots his in forma pauperis application and

consequently the Court does not rule on that application.

Case 2:05-cv-01777-MJP Document 23 Filed 08/22/06 Page 1 of 2
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ORDER – 2

(2) The clerk is directed to send copies of this Order to Plaintiff and to the

Honorable Monica J. Benton.

Dated this 21st day of August, 2006.

A

Marsha J. Pechman

United States District Judge

Case 2:05-cv-01777-MJP Document 23 Filed 08/22/06 Page 2 of 2
Case No. 13,574.

#### STURGIS v. COLBY.

[The case reported under above title in 18 N. B. R. 168, is the same as Case No. 13,566.]
Exhibit 99.1

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


     In connection with the Quarterly Report of Laser-Pacific  Media Corporation
(the  "Company")  on Form 10-Q for the period  ended June 30, 2002 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
James R. Parks, Chief Executive Officer of the Company,  certify, pursuant to 18
U.S.C.  Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley
Act of 2002, that to my knowledge:

     (1) The Report fully  complies  with the  requirements  of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

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


/s/James R. Parks
-----------------
James R. Parks
Chief Executive Officer
August 13, 2002
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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 WNC Housing Tax Credit
Fund III, L.P. (the “Partnership”) for the quarter ended December 31, 2009 as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), and pursuant to 18 U.S.C., section 1350, as adopted pursuant to section 906 of the
Sarbanes-Oxley Act of 2002, I, Wilfred N. Cooper, Jr., President and Chief
Executive Officer of WNC & Associates, Inc., general partner of the
Partnership, hereby certify 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
      Partnership.








/s/WILFRED N. COOPER,
JR.


Wilfred
N. Cooper, Jr.


President
and Chief Executive Officer of WNC & Associates, Inc.





Date:           ­­­April 15,
2010
Before Chief Judge Rao,

June 1, 1966

No. R66/6.

#### Shalom Baby-Wear, Inc. *v.*United States,

reappraisement R65/18535 (Los Angeles).

Rao, C.J.

In accordance with stipulation of counsel that the facts and issues are the same in all material respects as those in *Shalom*Baby-Wear, *Inc.*v. *United States*(54 Cust. Ct. 526, Reap. Dec. 10905), the court found and held that export value, as that value is defined in section 402(b), Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, T.D. 54165, is the proper basis of value for the cotton shirts and pants in issue and that such value was the appraised value, less the buying commission, as stated on the invoice.
No. 66572.

#### The American Import Co. *v.*United States,

protest 61/17800 (Los Angeles).

*372Opinion by

Oliver, O.J.

In accordance with stipulation of counsel that the merchandise consists of glass articles similar in all material respects to those the subject of Abstract 62984, the claim of the plaintiff was sustained.
Case 2:05-cv-01801-JPD Document 112 Filed 12/18/06 Page 1 of 3
Case 2:05-cv-01801-JPD Document 112 Filed 12/18/06 Page 2 of 3
Case 2:05-cv-01801-JPD Document 112 Filed 12/18/06 Page 3 of 3
[if !vml]>[endif]>

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You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title: Thegold placers of parts of Seward Peninsula, Alaska: including the Nome, Council,Kougarok, Port Clarence, and Goodhope precincts**
 
Report | Plates: 08091011
 
SuDoc Number:I 19.3:328
Item Number:0620 (online)
CGP systemNumber:000957814
 
July 26, 2018
**EXHIBIT 31.2**
**Rule 13a-14(a) Certification by the Chief Financial Officer**
     I, Michael Schradle, certify that:
     1. I have reviewed this quarterly report on Form 10-Q of Micro LinearCorporation;
     2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this report;
     3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this report;
     4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this quarterly report is being prepared; b)Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and c) Disclosed in this report anychange in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and
     5. The registrant’s other certifying officer and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of registrant’sboard of directors (or persons performing the equivalent functions):
a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and b) Any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant’s internal control over financial reporting.       Date: May 12, 2004          By: /s/ Michael Schradle        Michael Schradle    Chief Financial Officer(Principal Financial and AccountingOfficer)