alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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ORDER DENYING DEFENDANTS’ 

MOTION FOR DEFAULT JUDGMENT

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

AETNA LIFE INSURANCE COMPANY,

 Plaintiff-in-Interpleader,

 v.

ESTATE OF RICHARD A YEAKLEY, 

et al.,

 Defendants.

Case No. C06-0352RSL

ORDER DENYING

DEFENDANTS’ MOTION

FOR DEFAULT JUDGMENT

This matter comes before the Court on a motion for default judgment filed

by certain defendants, namely the Estate, Ralph Yeakley, Jr., and Diane K. Yeakley,

against the remaining defendants. This matter involves a dispute regarding the proper

beneficiaries of the proceeds from a group life insurance policy issued by plaintiff Aetna

Life Insurance Policy. 

Having reviewed the memoranda, declarations, and exhibits submitted by

the parties, the Court finds as follows:

(1) This motion is premature. The Clerk of Court has not entered a default against

the non-moving defendants as required by Fed. R. Civ. P. 55(a) and Local Civil Rule

55(a). 

(2) Based on the evidence submitted by plaintiff, it does not appear that a default

could be entered against the non-moving defendants. The Waiver of Service of Summons

Case 2:06-cv-00352-RSL Document 15 Filed 06/09/06 Page 1 of 2
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ORDER DENYING DEFENDANTS’ 

MOTION FOR DEFAULT JUDGMENT -2-

forms sent by plaintiff incorrectly state that an answer or motion under Rule 12 must be

filed within sixty days of November 10, 2005. Any defendant who actually read the

form, which was not mailed until at least March 16, 2006, could conclude that the time to

respond to the complaint had already passed. While such a technical defect in service

may not justify dismissal of the complaint, it precludes the entry of default or default

judgment against a non-responding party. 

For all of the foregoing reasons, the motion for default judgment is

DENIED.

DATED this 9th day of June, 2006.

A

Robert S. Lasnik,

United States District Judge 

Case 2:06-cv-00352-RSL Document 15 Filed 06/09/06 Page 2 of 2
No. 55699.

protests 153579-K, etc. (New York).

#### Aziz Importing Co. et al. *v.*United States,

Opinion by

Oliver, C. J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
EXHIBIT 32.1




CERTIFICATION PURSUANT TO
  18 U.S.C. §1350,
  AS ADOPTED PURSUANT TO
  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  
  In connection with the annual report of Circle Star Energy Corp. (the “Company”) on Form 10-K for the period ended April 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, David Brow, President of the Company, certify, pursuant to 18 U.S.C. §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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
  
  
  Dated: August 15, 2011                                                       By:  /s/ David Brow
 David Brow, President
 (Principal Executive Officer)
 
 A signed original of this written statement required by Section 906 has been provided to Circle Star Energy Corp. and will be retained by Circle Star Energy Corp. and furnished to the Securities and Exchange Commission or its staff upon request.
Order entered May 27, 2016 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-16-00535-CV 

IN RE AMERICAN REALTY TRUST, INC. AND ART MIDWEST, INC., Relators 

Original Proceeding from the 44th Judicial District Court 

Dallas County, Texas 

Trial Court Cause No. 04-05724 

ORDER 

Based on the Court’s opinion of this date, we DENY relators’ May 5, 2016 petition for 

writ of mandamus. 

We LIFT the temporary stay imposed by our May 10, 2016 order. 

We ORDER relators to bear the costs of this original proceeding. 

 

/s/ ELIZABETH LANG-MIERS 

 JUSTICE
<PAGE>   1
 
                                                                    EXHIBIT 23.1
 
                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS
 
     As independent public accountants, we hereby consent to the use of our
reports and to all references to our Firm included in or made a part of this
registration statement.
 
                                          /s/ ARTHUR ANDERSEN LLP
 
Phoenix, Arizona
   
     September 14, 1998
<PAGE>
                                                                    EXHIBIT 99.1



                                   VANS, 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 on Form 10-Q for the period
ended August 31, 2002 of Vans, Inc. (the "Company"), as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Gary H.
Schoenfeld, the President and 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/ Gary H. Schoenfeld
                                        ----------------------------------------
                                        Gary H. Schoenfeld
                                        President and
                                        Chief Executive Officer
                                        October 10, 2002
No. 61143.

protest 292849-K (New York).

#### R. J. Saunders & Co., Inc. *v.*United States,

Opinion by

Johnson, J.

An examination of the record failing to disclose evidence sufficient to overcome the presumption of correctness attaching to the collector’s action, the protest was overruled.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 187 Agreed to Senate (ATS)]

105th CONGRESS
  2d Session
S. RES. 187

Expressing the sense of the Senate regarding the human rights situation 
                   in the People's Republic of China.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 2, 1998

   Mr. Mack (for himself, Mr. Wellstone, Mr. Helms, Mr. Thomas, Mr. 
  Feingold, Mr. Abraham, Mrs. Boxer, Mr. Moynihan, Mr. Ashcroft, Mr. 
   Hutchinson, Mr. Leahy, Mr. Brownback, Mr. Durbin, and Ms. Moseley-
 Braun) submitted the following resolution; which was referred to the 
                     Committee on Foreign Relations

                             March 11, 1998

                Reported by Mr. Helms, without amendment

                             March 12, 1998

                        Considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
Expressing the sense of the Senate regarding the human rights situation 
                   in the People's Republic of China.

Whereas the annual meeting of the United Nations Commission on Human Rights in 
        Geneva, Switzerland, provides a forum for discussing human rights and 
        expressing international support for improved human rights performance;
Whereas according to the United States Department of State and international 
        human rights organizations, the Government of the People's Republic of 
        China engages in widespread human rights violations; and
Whereas President Clinton pledged that the United States would step up its 
        efforts in cooperation with other states to insist that the United 
        Nations Commission on Human Rights pass a resolution dealing with the 
        serious human rights abuses in the People's Republic of China: Now, 
        therefore, be it
    Resolved, That it is the sense of the Senate that the United States 
should introduce and make all efforts necessary to pass a resolution 
criticizing the People's Republic of China for its human rights abuses 
in China and Tibet at the annual meeting of the United Nations 
Commission on Human Rights.
                                 <all>
```
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ORDER

Page - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

MAURICE DALTON,

Plaintiff,

v.

SARGENT PAUL ESTES et al.,

Defendants.

Case No. C05-5820RJB

ORDER ADOPTING

REPORT AND

RECOMMENDATION

 The Court, having reviewed the Report and Recommendation of Magistrate Judge J. Kelley

Arnold, objections to the Report and Recommendation, and the remaining record, does hereby find

and ORDER:

(1) The Court adopts the Report and Recommendation;

(2) This action is DISMISSED WITH PREJUDICE.

(3) Clerk is directed to send copies of this Order to plaintiff, counsel for any defendants

who have appeared, and to the Hon. J. Kelley Arnold.

DATED this 1st day of May, 2007.AROBERT J. BRYAN

United States District Judge

Case 3:05-cv-05820-RJB Document 60 Filed 05/01/07 Page 1 of 1
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 1 of 17
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 2 of 17
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 3 of 17
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 4 of 17
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 5 of 17
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 6 of 17
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 7 of 17
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 8 of 17
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Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 10 of 17
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 11 of 17
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 12 of 17
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 13 of 17
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 14 of 17
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 15 of 17
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 16 of 17
Case 2:06-cv-00944-RSM Document 77 Filed 12/08/06 Page 17 of 17
#### In the Matter of the J. Children, Children Alleged to be Neglected. Chester J., Appellant; Commissioner of Social Services of the City of New York, Respondent.

[631 NYS2d 694]

—Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about July 29, 1994, which, upon fact-finding determination of neglect entered on or about March 15, 1994, directed, *inter alia,*that 10 of the subject children be placed with the Commissioner of Social Services for a period of 12 months, unanimously affirmed, without costs.

The mother’s appeal from the order of disposition has already been affirmed by this Court (216 AD2d 159). The father now also urges that the allegations of the petition were not established by a preponderance of the evidence; he also maintains that the record does not support a derivative finding of neglect as to the younger children. However, there is ample proof that respondent father inflicted excessive corporal punishment on his children by, among other things, repeatedly and severely beating them for petty or non-existent offenses through the use of, among other things, a leather belt and electrical cord, causing physical injury *(see, Matter of Anthony C.,*201 AD2d 342; *Matter of C. Children,*183 AD2d 767).

We have considered respondent’s remaining contentions and find them to be without merit. Concur—Rosenberger, J. P., Ellerin, Williams, Tom and Mazzarelli, JJ.
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(Proposed) ORDER GRANTING STIPULATED

MOTION TO CONTINUE TRIAL - 1

(Ha Van Tran; CR06-251RSM)

FEDERAL PUBLIC DEFENDER

1601 Fifth Ave., Suite 700

Seattle, Washington 98101

(206) 553-1100

 JUDGE RICARDO S. MARTINEZ 

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, 

Plaintiff,

vs.

HA VAN TRAN,

Defendants. 

)

)

)

)

)

)

)

)

)

)

NO. CR06-251RSM

ORDER GRANTING STIPULATED

MOTION TO CONTINUE TRIAL

THE COURT having considered the stipulated motion of the parties, the

records and files herein, the Court hereby makes the following findings:

1. Based on the facts set forth in the parties stipulated motion, the Court finds

that a failure to grant the continuance would deny counsel the reasonable time

necessary for effective preparation, taking into account the exercise of due diligence,

within the meaning of 18 U.S.C. § 3161(h)(8)(B)(ii).

2. The Court further finds that the ends of justice will be served by ordering a

continuance in this case, that a continuance is necessary to insure effective trial

preparation and that these factors outweigh the best interests of the public in a more

speedy trial, within the meaning of 18 U.S.C. § 3161(h)(8)(A).

//

Case 2:06-cr-00251-RSM Document 27 Filed 09/08/06 Page 1 of 2
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(Proposed) ORDER GRANTING STIPULATED

MOTION TO CONTINUE TRIAL - 2

(Ha Van Tran; CR06-251RSM)

FEDERAL PUBLIC DEFENDER

1601 Fifth Ave., Suite 700

Seattle, Washington 98101

(206) 553-1100

IT IS THEREFORE ORDERED that the trial date for Ha Van Tran and Cuong

Parker is extended from October 2, 2006, to November 6, 2006. Pretrial motions shall

be filed by October 3, 2006.

DONE this 8th day of September, 2006.

A

RICARDO S. MARTINEZ

UNITED STATES DISTRICT JUDGE

Presented by:

s/Nancy Tenney 

WSBA No. 35304

Attorney for Ha Van Tran

Federal Public Defender’s Office

1601 Fifth Ave., Suite 700

Seattle, WA 98101

206/553-1100

206/553-0120

nancy_tenney@fd.org

Case 2:06-cr-00251-RSM Document 27 Filed 09/08/06 Page 2 of 2
5100

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3 C R E E K R D

Columbet

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Jarbidge

River

Rattlesnake Creek

Jarbidge

River

Jarbidge

River

Jarbidge River

Jarbidge River

Columbet Creek

Rattlesn

a

ke

Creek

Cowan Ditch

East Fork Jarbidge River

Dorse

y

Creek

Jarbidge River

Buck

Creek

Jarbidge River

Cowan DitchCowan DitchCowan DitchCowan DitchCowan DitchCowan DitchCowan Ditch

Idaho Lake

Wilson Lake

Cowan DitchCowan DitchCowan DitchCowan DitchCowan DitchCowan DitchCowan Ditch

Murphy Hot

Springs

Jarbidge

Canyon

Dishpan

Columbet

Table

115°

42°

30"

115°

25'

42°

115° 25'

115°

27'30"

42°

42°

5'

2'

27'

5'

2'

FEET

E

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30" 07'30"

22'30"

07'

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00'

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30"

22'

30"

000

000m

000m

000m

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25 34

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N

62

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28 33

57

31

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29

55

N

33 6

64

53

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52

64

57

FEET

720

000

000

000

FEET

6 2 FEET

2

700

6 000m 25

26

E

Jarbidge

North

Mosquito

Lake Butte

Murphy Hot

Springs Dishpan

Poison

Butte

Robinson

Creek

The Arch

Bearpaw

Mountain

Cowan

Reservoir

U.S. DEPARTMENT OF THE INTERIOR

U. S. GEOLOGICAL SURVEY

IDAHO

ADJOINING 7.5' QUADRANGLES

QUADRANGLE LOCATION

DISHPAN, ID

2010

Interstate Route State Route

ROAD CLASSIFICATION

Interstate Route US Route State Route

Ramp 4WD

US Route Local Road

DISHPAN QUADRANGLE

IDAHO

7.5-MINUTE SERIES

Zone 11T

North American Datum of 1983 (NAD83)

World Geodetic System of 1984 (WGS84). Projection and

1 000-meter grid: Universal Transverse Mercator,

Produced by the United States Geological Survey

10 000-foot ticks: Idaho Coordinate System of 1983

(west zone)

Imagery...................................................NAIP, August 2009

Roads..............................................©2006-2010 Tele Atlas

Names...............................................................GNIS, 2008

Hydrography.................National Hydrography Dataset, 2009

Contours............................National Elevation Dataset, 2002

1000 500 0 METERS 1000 2000

1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000

FEET

This map was produced to conform with version 0.5.10 of the

draft USGS Standards for 7.5-Minute Quadrangle Maps.

A metadata file associated with this product is draft version 0.5.11

SCALE 1:24 000

1 0.5 0 1

MILES

M

1 0.5 0 KILOMETERS 1 2 N

GN

UTM GRID AND 2010 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET

1° 3 ́

19 MILS

13° 46 ́

245 MILS

U.S. National Grid

100,000-m Square ID

Grid Zone Designation

11T

PG

CONTOUR INTERVAL 20 FEET

NORTH AMERICAN VERTICAL DATUM OF 1988
THIS OPINION HAS NO PRECEDEN TIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRE CEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA In The Supreme Court

Maurice Glover, Petitioner,

v.
State of South Carolina, Respondent.

Appellate Case No. 2015-001686

Appeal From Sumter County R. Ferrell Cothran, Plea Judge George C. James, Jr., Post -Conviction Relief Judge

Memorandum Opinion No. 2017-MO-006 Submitted March 31, 2017 – Filed April 26, 2017

DISMISSED

Appellate Defender Kathri ne Haggard Hudgins, of Columbia, for Petitioner.

Attorney General Alan Wilson and Assistant Attorney General Julie Amanda Coleman , both of Columbia, for Respondent.PER CURIAM: Petitioner seeks a writ of certio rari from the denial of his application for post-c onviction relief (PCR). 1

The petition for a writ of certio rari is denied on petitioner's Question 2. Because there is sufficient evidence to support the PCR judge's finding that petitioner did not knowingly and intelligently wa ive his right to a direct appeal, we grant certiorari on petitioner's Question 1, dispense with further br iefing, and proceed with a review of the direct appeal issue pursuant to Davis v. State , 288 S.C. 290, 342 S.E.2d 60 (1986).

We dismiss this matter pursuant to Rule 220(b)(1), SCACR, after review pursuant
to Anders v. California , 386 U.S. 738 (1967). Counsel's m otion to be relieved is granted.

DISMISSED.

BEATTY, C.J., KITTRED GE, HEARN and FEW, JJ ., concur. JAMES, J. , not participating.

1 Counsel for petitioner filed the petition for a writ of certiorari pursuant to Johnson v. State , 294 S.C. 310, 364 S.E.2d 201 (1988). We remind the Division of App ellate Defense, as we have previously, that a Johnson petition is improper where the PCR judge finds an applicant is entitled to a belated review of any dire ct appeal issues. Rule 243(i)(1 ), SCACR. Despite the erroneous filing, we have considered t he merits of the petition.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S FINANCIAL STATEMENTS FOR THE THREE MONTHS ENDED JANUARY 31, 1999 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          OCT-31-1999
<PERIOD-START>                             NOV-01-1998
<PERIOD-END>                               JAN-31-1999
<CASH>                                         814,279
<SECURITIES>                                         0
<RECEIVABLES>                                  169,544
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               983,823
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,193,521
<CURRENT-LIABILITIES>                          804,938
<BONDS>                                              0
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<COMMON>                                     3,338,280
<OTHER-SE>                                 (2,976,892)
<TOTAL-LIABILITY-AND-EQUITY>                 1,193,521
<SALES>                                              0
<TOTAL-REVENUES>                               144,560
<CGS>                                                0
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<OTHER-EXPENSES>                                     0
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<INCOME-PRETAX>                              (131,645)
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</TABLE>
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