alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

BRADY ARMSTRONG,

Plaintiff, No. CIV S-04-2136 GEB PAN P

vs.

D.L. RUNNELS, et al.,

Defendants. ORDER

 /

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

42 U.S.C. § 1983. On June 13, 2006, defendants filed a motion to vacate pretrial dates based on

the pendency of their motion to dismiss.

On April 11, 2006, this court issued a scheduling order setting, inter alia, a

discovery deadline for July 7, 2006 and a dispositive motion deadline for September 1, 2006. On

May 1, 2006, defendants filed a motion to dismiss this action for plaintiff’s failure to first

exhaust his administrative remedies. On May 3, 2006, defendants filed a motion to stay

discovery pending ruling on the motion to dismiss. On June 9, 2006, plaintiff was granted an

additional thirty days in which to file an opposition to the motion to dismiss. In addition,

plaintiff was granted another 120 days in which to accomplish service of process on defendants

Rumble, Mangis, Fernandez and Turner. 

Case 2:04-cv-02136-GEB-EFB Document 111 Filed 06/16/06 Page 1 of 2
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In light of the status of service of process in this action, the April 11, 2006

scheduling order will be vacated in toto. Defendants’ motion to stay discovery will be granted

for a period of four months, with the exception of any efforts taken to obtain the addresses of

defendants Rumble, Mangis, Fernandez and Turner and to accomplish service of process thereon. 

(See June 9, 2006 Order.) Discovery will reopen upon expiration of the four month period.

Finally, on June 8, 2006, plaintiff filed a motion seeking a court order requiring

defendants to provide him with his legal property. Good cause appearing, defendants will be

ordered to notify the court of the status of plaintiff’s access to his legal materials.

Accordingly, IT IS HEREBY ORDERED that:

1. Defendants’ June 13, 2006 motion to vacate pretrial dates is granted;

2. The April 11, 2006 scheduling order is vacated;

3. Defendants’ May 3, 2006 motion for stay of discovery is partially granted;

4. Discovery is stayed for a period of four months from the date of this order;

upon expiration of the four month period, discovery shall reopen and the court will issue a

revised scheduling order. 

5. Within twenty days from the date of this order, defendants shall notify the

court, in writing, regarding the status of plaintiff’s access to his legal materials.

DATED: June 15, 2006. 

/001; arms2136.sty

Case 2:04-cv-02136-GEB-EFB Document 111 Filed 06/16/06 Page 2 of 2
Exhibit 32.01

                            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 Essential Innovations Technology
Corp. (the "Company") on Form 10-QSB for the quarter ended January 31, 2005, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Jason McDiarmid, 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 the best of my knowledge and belief:

         (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/ Jason McDiarmid
------------------------
Jason McDiarmid
Chief Executive Officer
March 17, 2005

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
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.
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MICHAEL CEREMELLO,

Plaintiff, No. CIV S-04-1423 DFL PAN

vs.

CITY OF DIXON, et al.,

Defendants. ORDER

 /

Plaintiff’s motion to compel Roberta Lee to produce documents requested by

subpoena duces tecum came on regularly for hearing June 1, 2006. William C. Collier appeared

for plaintiff. Mark Emmett appeared for defendants. Roberta Lee appeared in propria person. 

Upon review of the motion and the documents in support and opposition, upon hearing the

arguments of counsel and Ms. Lee, and good cause appearing therefor, THE COURT FINDS AS

FOLLOWS:

This motion will be continued to allow Ms. Lee time to obtain legal

representation. Roberta Lee is directed to decide the issue of legal representation by that time

and will be directed to appear at the hearing either in person or by counsel. Ms. Lee’s motion for

appointment of counsel at this time is denied as premature. Ms. Lee shall bring the documents

responsive to the subpoena duces tecum with her to the June 13 hearing.

/////

Case 2:04-cv-01423-JAM-EFB Document 41 Filed 06/02/06 Page 1 of 2
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Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff’s May 8, 2006 motion to compel is continued to June 13, 2006, at

1:30 p.m. in Courtroom #25. 

2. Roberta Lee is directed to appear at that hearing either in person or by counsel.

3. Roberta Lee shall bring the responsive documents to the hearing.

DATED: June 2, 2006. 

/001; ceremello.oah

Case 2:04-cv-01423-JAM-EFB Document 41 Filed 06/02/06 Page 2 of 2
Exhibit



Exhibit 10.3





AMENDMENT NO. 1 TO 
INDEPENDENT CONTRACTOR AGREEMENT




This Amendment No. 1 (the “Amendment”), made and effective as of June 24, 2016 (the “Effective Date”), to the Independent Contractor Agreement (the “Agreement”) between RFN Prime Marketing, Inc., a Delaware limited liability (“Contractor”) and FalconStor Software, Inc., a Delaware corporation with offices at 2 Huntington Quadrangle, Suite 2S01, Melville, New York 11747 (“FalconStor”), is entered into, in accordance with Section 12.10 of the Agreement.   Capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the Agreement.


WHEREAS, Section 12.10 of the Agreement contemplates that the parties may agree in writing and signed by both parties to make any modifications of or amendments to the Agreement; and


WHEREAS, the parties have agreed on the following modifications included in the Agreement under Schedule A – Compensation 1.1. Except as set forth herein all other terms and conditions of the Agreement remain in full force and effect.


NOW, THEREFORE, Contractor and FalconStor hereby agree as follows:


1.    Monthly Compensation.  Contractor and FalconStor agree that the monthly compensation value of $20,000 is payable in FalconStor common stock.  The number of shares to be issued for each month’s compensation will be calculated using the arithmetic average of the Volume Weighted Average Price (VWAP) of FalconStor’s common stock for the trading days of each applicable month with any fractional shares being rounded down. Payment for Contractor services will be made quarterly in arrears within fifteen (15) days after the close any calendar quarter. Such FalconStor Common Stock shall be issued to the principal consultant of the Contractor.
2.    Counterparts.  This Amendment may be executed in any number of counterparts with the same effect as if all of the parties had signed the same document.  All counterparts shall be construed together and shall constitute one agreement.  This Amendment may be executed by delivery of an email pdf or facsimile copy of an executed counterpart of or signature page to this Amendment and any email pdf, facsimile copy or photocopy of an executed counterpart of or signature page to this Amendment shall be given the same effect as the original.












1


Exhibit 10.3





IN WITNESS WHEREOF, the parties have executed this Agreement or caused this Agreement to be executed by their duly authorized representative.


FALCONSTOR:
FalconStor Software, Inc., a Delaware corporation
By:_/s/ Louis J. Petrucelly________
Name: Louis J. Petrucelly
Title: EVP & CFO
Date: 8/15/2016


CONTRACTOR:
RFN Prime Marketing, Inc., a Delaware LLC
By:__/s/ Donald Basile___________
Name: Donald Basile
Title: CEO
Date: 8/8/2016


2
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 September 8, 2020

t0831

Order 

Clerk

September 8, 2020

160605 & (50)

PERI ROANNE WEINGRAD,

Plaintiff-Appellant,

v SC: 160605

COA: 342873

Washtenaw PC: 17-000520-CZ

CONSTANCE JONES,

Defendant-Appellee.

_________________________________________/

On order of the Court, the application for leave to appeal the October 17, 2019 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. The motion for 

relief is DENIED.
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State 

v. Johnson, Slip Opinion No. 2018-Ohio-5214.] 

NOTICE 

This slip opinion is subject to formal revision before it is published in an 

advance sheet of the Ohio Official Reports. Readers are requested to 

promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 

South Front Street, Columbus, Ohio 43215, of any typographical or other 

formal errors in the opinion, in order that corrections may be made before 

the opinion is published. 

SLIP OPINION NO. 2018-OHIO-5214

THE STATE OF OHIO, APPELLEE, v. JOHNSON, APPELLANT.

[Until this opinion appears in the Ohio Official Reports advance sheets, it 

may be cited as State v. Johnson, Slip Opinion No. 2018-Ohio-5214.] 

Appeal dismissed as having been improvidently accepted.

(No. 2018-0449―Submitted June 27, 2018―Decided December 27, 2018.) 

APPEAL from the Court of Appeals for Williams County, 

No. WM-16-008, 2018-Ohio-527. 

_________________ 

{¶ 1} This case is dismissed as having been improvidently accepted. 

O’DONNELL, KENNEDY, FRENCH, FISCHER, DEWINE, and DEGENARO, JJ., 

concur. 

O’CONNOR, C.J., dissents and would order briefing. 

_________________ 

Katherine J. Zartman, Williams County Prosecuting Attorney, for appellee. 

Timothy Young, Ohio Public Defender, and Nikki Trautman Baszynski, 

Assistant Public Defender, for appellant. 
SUPREME COURT OF OHIO

2

_________________
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

SACRAMENTO DIVISION

PATRICK R. HOLLEY, SR.,

 Plaintiff,

v.

THE CDC, et al.,

 Defendants.

2:04-cv-1425 GEB PAN P

ORDER GRANTING DEFENDANT AN

EXTENSION OF TIME TO TAKE

PLAINTIFF’S DEPOSITION AND

FILE A DISPOSITIVE MOTION

Good cause appearing, Defendant Herrera is granted a thirty-day extension to take

Plaintiff’s deposition. Defendant shall take Plaintiff’s deposition by October 29, 2006. 

Dispositive motions shall be filed on or before January 23, 2007.

IT IS SO ORDERED.

Dated: September 25, 2006.

14

holl1425.eot

Case 2:04-cv-01425-GEB-EFB Document 106 Filed 09/26/06 Page 1 of 1
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff, No. CIV S-04-1867 WBS JFM 

vs.

REAL PROPERTY LOCATED AT 2363

FAIRVIEW LANE, etc., ORDER

Defendants.

 /

Plaintiff’s motion to exclude claimants Barbara and Richard Ryan’s witnesses and

documents not previously disclosed pursuant to Fed. R. Civ. P. 26 (a)(1) came on regularly for

hearing July 7, 2005. Kristin S. Door appeared for plaintiff. There was no appearance by or on

behalf of claimants Barbara and Richard Ryan. Neither claimant nor counsel for claimants filed

an opposition to the motion. It appears claimants may have abandoned this litigation. Good

cause appearing, claimants will be directed to advise the court whether they have abandoned this

litigation. Claimants and their counsel are cautioned that failure to timely comply with this order

will result in a recommendation that the district court not consider their November 5, 2004

claims.

/////

Case 2:04-cv-01867-WBS -JFM Document 42 Filed 07/11/05 Page 1 of 2
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IT IS HEREBY ORDERED that:

1. Within ten days from the date of this order, claimants Barbara Ryan and

Richard Ryan shall advise this court, in writing, whether they have abandoned this action.

2. The Clerk of the Court shall serve a copy of this order on Barbara Ryan,

Richard Ryan and their attorney of record, Victor S. Haltom. 

DATED: July 7, 2005.

001; fairview.osc

Case 2:04-cv-01867-WBS -JFM Document 42 Filed 07/11/05 Page 2 of 2
clerk's record filed on October 1, 2012, we DENY tion 

### a

Order issued Octobe , 2012

In The 

## (Court of Apprats 'Sift jiDistrirt of &rxas at Dallas

No. 05-10-01375-CV IN THE INTEREST OF C.H.C. AND S.M.C.



### ORDER The Court has before it appellee's October 25, 2012 motion to file supplemental clerk's record. On September 21, 2012, counsel for appellee infonned the Court that she had requested the Collin County District Clerk to prepare a supplemental clerk's record containing certain documents. This Court filed that supplemental clerk's record on October 1, 2012. Appellee's current motion requests that this Court file a supplemental clerk's record containing the same documents included in the supplemental clerk's record filed on October 1, 2012. The motion does not appear to request the filing of any additional documents. Because those do ents were part of the supplemental

MOSELEY PRESIDING JUSTICE
Exhibit 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of Luna Innovations Incorporated (the Company) on Form 10-Q for the quarterly period ended September 30, 2010 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Scott A Graeff, Interim Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.

This certification accompanies this Report to which it relates,
shall not be deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as
amended (whether made before or after the date of the Report), irrespective of any general incorporation language contained in such filing.



|                                                             
|-------------------------------------------------------------
|                                                             
|/S/ SCOTT A. GRAEFF                                          
|Scott A. Graeff                                              
|Interim Chief Financial Officer
(principal financial officer)

November 15, 2010
No. 58570.

protests 217606-K, etc. (New York).

#### Browne Vintners Co., Inc. *v.*United States,

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise and issues are similar in all material respects to those involved in *United States*v. *R. C. Williams & Co., Inc.*(40 C. C. P. A. 130, C. A. D. 508) and *Austin, Nichols & Co., Inc.*v. *United States*(22 Cust. Ct. 33, C. D. 1155), the claim of the plaintiff was sustained.
No. 61869.

#### Liebermann Waelchli & Co. N. Y., Inc. *v.*United States,

protests 315552-K and 315553-K (New York).

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of photographic cameras similar in all material respects to those the subject of *Manca, Inc.*v. *United States*(38 Cust. Ct. 271, C. D. 1874), the claim of the plaintiff was sustained.
No. 54668.

#### Chong Kee Jan & Co. et al. *v.*United States,

protests 966521-G, etc. (San Francisco).

Opinion by

Cole, J.

The protests were dismissed.
No. 50992.

#### Protests 58086-K, etc., of Cluett Peabody & Co., Inc. (New York).

Opinion by

Ekwall, J.

In accordance with stipulation of counsel the court found that the facts herein agreed upon were such as to bring the case within the holding in *John Barr*v. *United States*(11 Cust. Ct. 88, C. D. 801), which record was incorporated herein. (See *John Barr*v. *United States,*324 U. S. 83, decided February 5, 1945.) In accordance therewith it was held that the currency of the invoices should be converted at the buying rate in the New York market at noon on the day of exportation (the “free” rate of exchange for pounds sterling), as certified by the Federal Reserve bank and set forth by the collector on each of the entries involved. The protests were overruled as to entry 806435 covered by protest 58086-K and entry 818428 covered by protest 62226-K.
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

CAROL ROYE,

Plaintiff, CIV S-04-2192 DFL KJM PS

v.

FAIR ISAAC AND COMPANY, et al.,

Defendants. ORDER

 /

Defendant Providian’s motion for judgment on the pleadings came on regularly

for hearing on June 21, 2006. Plaintiff appeared in propria persona. Kevin Hara appeared

telephonically for defendant. Plaintiff orally moved to dismiss the case without prejudice. Upon

hearing the discussion of plaintiff and counsel, and good cause appearing therefor, IT IS

HEREBY ORDERED that:

1. Any response to plaintiff’s motion to dismiss without prejudice shall be filed

no later than July 5, 2006.

2. Any reply by plaintiff shall be filed no later than July 19, 2006.

3. The matter shall thereafter stand submitted.

DATED: June 26, 2006.

______________________________________

UNITED STATES MAGISTRATE JUDGE

006 roye.fb

Case 2:04-cv-02192-DFL -KJM Document 45 Filed 06/27/06 Page 1 of 1
No. 51003.

#### Protest 24720-K of F. W. Woolworth Co. (Philadelphia).

Opinion by

Ekwall, J.

In accordance with stipulation of counsel and following *Joseph Schmidt, Inc.*v. *United States*(9 Cust. Ct. 188, C. D. 690), the merchandise in question was held not subject to countervailing duty.
Case No. 6,759.

#### HOWARD v. DAVENPORT.

[Cited in Blennerhassett v. Sherman, 105 U. S. 10S. Nowhere reported; opinion not now accessible.]
AMERICAN CONTRUCTION COMPANY
--------------------------------------------------------------------------------


Exhibit 32.1 - Certifications
-----------------------------


                            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 American Construction Company (the
"Company") on Form 10-QSB for the period ended July 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his 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 operation of the Company.

Date: September 10, 2004.

/s/ Jeff Mabry
-----------------------------------
Jeff Mabry
President, Chief Executive Officer,
Chief Financial Officer
and Director

























--------------------------------------------------------------------------------
Form 10QSB for the period ending July 31, 2004                          Page 15
[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Notices]
[Pages 10236-10237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4006]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection


Notice of Cancellation of Customs Broker Permit

AGENCY: Bureau of Customs and Border Protection, U.S. Department of 
Homeland Security.

ACTION: General Notice.

-----------------------------------------------------------------------

SUMMARY: Pursuant to section 641 of the Tariff Act of 1930, as amended, 
(19 U.S.C. 1641) and the Customs Regulations (19 CFR 11 1.51), the 
following Customs broker permits are cancelled without prejudice.

------------------------------------------------------------------------
             Name                  Permit No.          Issuing Port
------------------------------------------------------------------------
HYC Logistics, Inc............        28-05-E69  San Francisco.
Braverman Enterprises, Inc....           200113  Los Angeles.
Martin, Kassatly & Company....          13056-P  San Francisco.
Cornerstone Logistics, Inc....          17392-P  San Francisco.
Alfredo Mesa..................       52-04-B IC  Miami.
BLG, Inc......................              081  New York.
Gallagher Transport                        0158  St. Louis.
 International, Inc..
Exel Global Logistics, Inc....     3501-01-0063  Minneapolis.
Exel Global Logistics, Inc....         5398-001  Houston.
Exel Global Logistics, Inc....        26-01-006  Nogales.
Exel Global Logistics, Inc....           4979-P  San Francisco.
David II Kim Dba ACE American             94014  Los Angeles.
 Express.
Charter Brokerage Corp........        53-03-U14  Houston.

[[Page 10237]]

 
William L. Crain..............        39-04-BGS  Chicago.
------------------------------------------------------------------------


    Dated: February 26, 2007.
Daniel Baldwin,
Assistant Commissioner, Office of International Trade.
[FR Doc. E7-4006 Filed 3-6-07; 8:45 am]
BILLING CODE 9111-14-P