alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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BNFY 626604v1 -1- (CIV-S-04-2533 FCD KJM) 

[PROPOSED] ORDER ON STIPULATION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF 

DEFENDANT ROBERT CESSNA AND REQUEST TO RETAIN JURISDICTION 

Alan J. Kessel (Cal. Bar No.: 130707)

Suzanne M. Burke (Cal. Bar No.: 188597) 

Brandon Q. Tran (Cal. Bar No.: 223435) 

BUCHALTER, NEMER, FIELDS & YOUNGER 

A Professional Corporation 

18400 Von Karman Avenue, Suite 800 

Irvine, California 92612-0514 

Telephone: (949) 760-1121 

Facsimile: (949) 720-0182 

Attorneys for Plaintiff DIRECTV, INC. 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

SACRAMENTO DIVISION 

DIRECTV, INC., a California corporation, 

Plaintiff, 

vs. 

ROBERT CESSNA, 

Defendant. 

Case No.: CIV-S-04-2533 FCD KJM 

Hon. Frank C. Damrell, Jr. 

ORDER ON STIPULATION FOR 

VOLUNTARY DISMISSAL WITHOUT 

PREJUDICE OF DEFENDANT ROBERT 

CESSNA

ORDER

HAVING READ AND CONSIDERED the forgoing Stipulation for Voluntary 

Dismissal Without Prejudice of Defendant Robert Cessna and Request to Retain Jurisdiction, and 

such other pleadings, documents and records deemed appropriate by the Court, and good cause 

appearing therefore, IT IS HEREBY ORDERED: 

(1) Defendant Robert Cessna is hereby dismissed from this action without 

prejudice; and this action is now closed; 

(2) Each of said parties to bear its/his own costs and attorneys’ fees; and 

/// 

/// 

/// 

/// 

Case 2:04-cv-02533-FCD-KJM Document 11 Filed 08/03/05 Page 1 of 2
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BNFY 626604v1 -2- (CIV-S-04-2533 FCD KJM) 

[PROPOSED] ORDER ON STIPULATION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF 

DEFENDANT ROBERT CESSNA AND REQUEST TO RETAIN JURISDICTION 

(3) The Court shall retain jurisdiction over Plaintiff DIRECTV, Inc. and 

Defendant Robert Cessna to enforce the terms described above of the Settlement Agreement 

between those parties dated June 28, 2005 and hereby refers any further proceedings in this 

action to enforce such terms of the Settlement Agreement to a Magistrate Judge of this District. 

Dated: August 3, 2005 

/s/ Frank C. Damrell Jr. 

Honorable Frank C. Damrell, Jr. 

 United States District Court 

 Eastern District of California 

Case 2:04-cv-02533-FCD-KJM Document 11 Filed 08/03/05 Page 2 of 2
**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 Annual Report on Form 10-KSB of Vizario, Inc., a Nevada
      corporation (the “Company”) for the period ending December 31, 2005 as filed
      with the Securities and Exchange Commission on the date hereof (the “Report”), I
      Kelly Yang, Chief Executive Officer, Interim Chief Financial Officer and
      Principal Accounting 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.





*This
      certification accompanies the Form 10-KSB to which it relates, is not 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
      or
      Securities Exchange Act of 1934 (whether made before or after the date of the
      Form 10-KSB), irrespective of any general incorporation language contained
      in
      such filing.*






/s/
        Kelly
        Yang
 
 Kelly
        Yang,
 Chief
        Executive Officer,
 Interim
        Chief Financial Officer and
 Principal
        Accounting Officer,
 January
        23, 2008
United States Court of Appeals

for the Fifth Circuit

No. 21-51080

United States of America, 

Plaintiff—Appellee,

versus

Edwin Yovani Arias-Quintanilla, 

Defendant—Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 4:21-CR-531-1

Before Jolly, Willett, and Engelhardt, Circuit Judges.

Per Curiam:*

Edwin Yovani Arias-Quintanilla was convicted and sentenced for 

illegal reentry after removal under 8 U.S.C. § 1326(a) and (b)(1). He now

argues for the first time that § 1326(b) is unconstitutional. Arias-Quintanilla 

has nonetheless filed an unopposed motion for summary affirmance and a 

letter brief explaining that he raises the issue to preserve it and correctly 

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this 

opinion should not be published and is not precedent except under the limited 

circumstances set forth in 5th Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

May 17, 2022

Lyle W. Cayce

Clerk

Case: 21-51080 Document: 00516321653 Page: 1 Date Filed: 05/17/2022
No. 21-51080

2

conceding his argument is foreclosed by Almendarez-Torres v. United States, 

523 U.S. 224, 226 (1998). See, e.g., United States v. Pervis, 937 F.3d 546, 553–

54 (5th Cir. 2019). Summary disposition is therefore appropriate. See 

Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). 

As such, we GRANT Arias-Quintanilla’s unopposed motion and 

AFFIRM the district court’s judgment.

Case: 21-51080 Document: 00516321653 Page: 2 Date Filed: 05/17/2022
Exhibit 12.2
 CERTIFICATIONS PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
      a)
    
    Designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed
under our supervision, to ensure that material information
relating to the company, including its consolidated
subsidiaries, is made known to us by others within those
entities, particularly during the period in which this
report is being prepared;b)
    
    Designed such internal control over financial reporting, or
caused such internal control over financial reporting to be
designed under our supervision, to provide reasonable
assurance regarding the reliability of financial reporting
and the preparation of financial statements for external
purposes in accordance with generally accepted accounting
principles;c)
    
    Evaluated the effectiveness of the companys disclosure
controls and procedures and presented in this report our
conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period
covered by this report based on such evaluation; andd)
    
    Disclosed in this report any change in the companys
internal control over financial reporting that occurred
during the period covered by the annual report that has
materially affected, or is reasonably likely to materially
affect, the companys internal control over financial
reporting; and
  a)
    
    All significant deficiencies and material weaknesses
in the design or operation of internal control over
financial reporting which are reasonably likely to
adversely affect the companys ability to record,
process, summarize and report financial information;
andb)
    
    Any fraud, whether or not material, that involves
management or other Talents who have a significant
role in the companys internal control over
financial reporting.
 Date: December 17, 2010
    /s/ Lai Ni QuiaqueName:
    Lai Ni QuiaqueTitle:
    Chief Financial Officer
ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeal of --

Synkera Technologies, Inc. 

Under Contract No. N68335-05-C-0304 

APPEARANCE FOR THE APPELLANT: 

) 

) 

) 

) 

) 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA No. 59104 

Mr. Brian L. Sperry 

Vice President & Chief Financial Officer 

E. Michael Chiaparas, Esq. 

DCMA Chief Trial Attorney 

Carol L. Matsunaga, Esq. 

Senior Trial Attorney 

Defense Contract Management Agency 

Carson, CA 

ORDER OF DISMISSAL 

The parties have settled this appeal as a result of Board-assisted mediation. 

Accordingly, the appeal is dismissed, with prejudice. 

Dated: 23 July 2015 

... • """"" t 

Administrative Judge 

Armed Services Board 

of Contract Appeals 

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed 

Services Board of Contract Appeals in ASBCA No. 59104, Appeal of Synkera 

Technologies, Inc., rendered in conformance with the Board's Charter. 

Dated: 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals
### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 22 - 0588

_________________ ROBIN W. CARLSON,

Plaintiff and Appellant, v. ESTATE OF JACK W. NICKELS,

Defendant and Appellee. O R D E R

_________________ Pursuant to the Internal Operating Rules of this Court, this cause is classified for submission on briefs to a five - justice panel of this Court. The Clerk is directed to provide a copy hereof to Robin W. Carlson, to all counsel of r ecord and to the Hono rable Katherine M. Bi degaray , District Judge . For the Court,

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

February 22 2023

02/22/2023
Case Number: DA 22-0588
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

PROJEKT PROPERTY RESTORATION, INC.,

a/a/o WALTER QUINTERO,

Appellant,

v.

CITIZENS PROPERTY INSURANCE CORPORATION,

Appellee.

No. 4D21-501

[February 16, 2022]

Appeal from the County Court for the Seventeenth Judicial Circuit, 

Broward County; Kathleen McCarthy, Judge; L.T. Case Nos. COCE18-

15307 and CACE20-17323.

Samuel Alexander of Alexander Appellate Law P.A., DeLand, for 

appellant.

Kristi Bergemann Rothell of Methe & Rothell, P.A., West Palm Beach, 

for appellee.

PER CURIAM.

We affirm the summary judgment in appellee insurer’s favor on 

appellant’s claim for insurance benefits under a homeowner’s policy.

Appellant provided remediation services for a water leak in a shower in 

insured’s premises and based upon an assignment of benefits, filed suit 

when appellee insurer failed to pay appellant’s invoice for its water 

remediation services. Insurer defended on the grounds of a policy 

exclusion for property loss caused by constant or repeated seepage or 

leakage of water over a period of weeks, months, or years.

Insurer moved for summary judgment using the deposition of its 

adjuster and an expert, both of whom testified that the leak had existed 

for a considerable period of time and at least in excess of two weeks. 

Appellant filed an expert affidavit which essentially stated that insurer’s

expert’s opinions were not valid because additional testing would be 

necessary to determine the cause of the leak. However, appellant’s expert 
2

did not opine regarding the length of time the leaking had continued and 

only opined that the facts did not support a finding that the damage took 

a period of months to accrue. Because appellant did not provide any 

opposition to the length of time that the leaking water continued for at 

least weeks, no genuine issue of material fact existed, and insurer was 

entitled to judgment.

On appeal, appellant argues that under Hicks v. American Integrity 

Insurance Co. of Florida, 241 So. 3d 925 (Fla. 5th DCA 2018), involving a 

similar policy exclusion, the policy should cover losses incurred within the 

first two weeks of a leak, even if damages caused by a continuous leak 

may not be covered. However, appellant’s complaint here did not allege 

that its services were for damages incurred within the first two weeks of 

the leak, as did the insured in Hicks, and no argument based on Hicks was 

made before the trial court on this issue. Thus, this issue is not preserved 

on appeal. See Sunset Harbour Condo. Ass’n v. Robbins, 914 So. 2d 925, 

928 (Fla. 2005).

Affirmed.

WARNER, GROSS and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
No. 58038.

protest 218950-K (New York).

#### J. J. Boll and Grossman Radio & Electric Co. *v.*United States,

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of K-, 1-, and 2-watt carbon resistors, composed in chief value of metal, used chiefly as parts of radio apparatus, instruments, or devices, the claim of the plaintiffs was sustained.
**Exhibit 10.17**

 

***FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT***

 

**THIS FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT**(“Amendment”)is made and entered into by and between **Cano Petroleum, Inc.**,a Delaware corporation with its principal executive offices in Fort Worth, Texas(the “Company”), and **Patrick M. McKinney**,an individual currently residing in Tarrant County, Texas (“Senior VicePresident”), effective as of the 31st day ofDecember, 2008 (the “Amendment Effective Date”).

 

**WHEREAS**, the Company and Senior Vice President entered intothat certain Employment Agreement dated June 1, 2006, as amended by theFirst Amendment to Employment Agreement effective November 9, 2006; SecondAmendment to Employment Agreement effective June 29, 2007; and ThirdAmendment to Employment Agreement effective May 31, 2008 (the “Agreement”);and

 

**WHEREAS**, the Company and Senior Vice President desire toamend, alter, modify, and change the provisions of the Agreement to bring theprovisions into compliance with Section 409A of the Internal Revenue Codeof 1986, as amended.

 

**NOW THEREFORE**, for and in consideration of the mutualbenefits to be obtained hereunder and other good and valuation consideration,the receipt and sufficiency of which are hereby acknowledged and confessed, theCompany and Senior Vice President do hereby agree to amend, alter, modify andchange the Agreement, as of the Amendment Effective Date as follows:

 

**1.****                                     ****Section 12of the Agreement is hereby adding the following new sentence at the end of thefirst paragraph of said Section:**

 

Subjectto Section 18 below, all payments made pursuant to this Section 12shall be paid in a single lump sum within ten (10) days following SeniorVice President’s termination of employment, and any provision of in-kindbenefits hereunder shall not affect the in-kind benefits provided in any othertaxable year.

 

Except as specificallyamended hereby, the Agreement remains in full force and effect as originallywritten.

 

**Signatures**

 

Toevidence the binding effect of the covenants and agreements described above,the parties hereto have executed this Amendment effective as of the date firstwritten above.

 
|   | THE  COMPANY              |
|--------|---------------------------|
|   |                      |
|   | **CANO  PETROLEUM, INC.** |
|   |                      |
|   |                      |
|   | By:                       |       /s/  S. Jeffrey Johnson |
|   |                      | S.  Jeffrey Johnson, Chairman and CEO |
|   |                      |
|   |                      |
|   | SENIOR  VICE PRESIDENT:   |
|   |                      |
|   |                      |
|   | By:                       |       /s/  Patrick M. McKinney |
|   |                      | Patrick  M. McKinney |

 

----
Exhibit 32.1

CERTIFICATION OF

CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

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

In connection with the annual report on Form 10-K of OpenTV Corp. for the period ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof, each of the undersigned
officers of OpenTV Corp. 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 respective knowledge:



|(1) | the annual 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 annual report fairly presents, in all material respects, the financial condition and results of operations of OpenTV Corp.
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------

Date: March 9, 2009



/s/    NIGEL W.
BENNETTChief Executive Officer


Date: March 9, 2009



/s/    SHUM
MUKHERJEEChief Financial Officer
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 of Kronos Worldwide, Inc. (the Company) on
Form 10-Q for the quarter ended June 30, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Harold C. Simmons, Chief
Executive Officer of the Company, and I, Gregory M. Swalwell, 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:





(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/ Harold C.
Simmons


Harold C.
Simmons


Chief
Executive Officer








/s/ Gregory M.
Swalwell


Gregory
M. Swalwell


Chief Financial Officer








August 4,
2008








Note:  The
certification the registrant furnishes in this exhibit is not deemed “filed” for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or
otherwise subject to the liabilities of that Section.  Registration
Statements or other documents filed with the Securities and Exchange Commission
shall not incorporate this exhibit by reference, except as otherwise expressly
stated in such filing.
# C_2007031EN.01001001.xml

| 13.2.2007 | EN | Official Journal of the European Union | C 31/10 |
| --- | --- | --- | --- |

13.2.2007

EN

Official Journal of the European Union

C 31/10

---

Specific programme ‘Prevention of and fight against crime’

Framework partnerships

(2007/C 31/04)

A call for proposals for framework partnerships is published on the Europa website at:

http://ec.europa.eu/justice_home/funding/isec/funding_isec_en.htm

Deadline for presentation of proposals: 27 March 2007

---
# C_2007220EN.01000101.xml

| 20.9.2007 | EN | Official Journal of the European Union | C 220/1 |
| --- | --- | --- | --- |

20.9.2007

EN

Official Journal of the European Union

C 220/1

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

(2007/C 220/01)

| Date of adoption of the decision | 18.7.2007 |
| --- | --- |
| Reference number of the aid | N 876/06 |
| Member State | Slovakia |
| Region | Stredné Slovensko |
| Title (and/or name of the beneficiary) | Regional ad hoc aid to Glovis Slovakia, s.r.o. |
| Legal basis | Zákon č. 231/1999 Z. z. o štátnej pomoci z 24. augusta 1999; Zákon č. 565/2001 Z. z. o investičných stimuloch zo 4. decembra 2001; Vyhláška Ministerstva hospodárstva č. 235/2002 Z. z. z 30. apríla 2002, ktorou sa ustanovujú podrobnosti o náležitostiach žiadosti o poskytnutie investičných stimulov; Zákon č. 595/2003 Z. z. o dani z príjmov v znení neskorších predpisov, § 52 ods. 4; Zákon č. 366/1999 Z. z. o daniach z príjmov v znení neskorších predpisov, platný do 31. decembra 2003, § 35b |
| Type of measure | Individual aid |
| Objective | Regional development |
| Form of aid | Tax advantage |
| Budget | Overall budget: SKK 50,4 million |
| Intensity | 10,25 % |
| Duration | — |
| Economic sectors | Motor vehicles |
| Name and address of the granting authority | Ministerstvo hospodárstva Slovenskej republiky |
| Mierová 19 |
| SK-827 15 Bratislava 212 |

Date of adoption of the decision

18.7.2007

Reference number of the aid

N 876/06

Member State

Slovakia

Region

Stredné Slovensko

Title (and/or name of the beneficiary)

Regional ad hoc aid to Glovis Slovakia, s.r.o.

ad hoc

Legal basis

Zákon č. 231/1999 Z. z. o štátnej pomoci z 24. augusta 1999; Zákon č. 565/2001 Z. z. o investičných stimuloch zo 4. decembra 2001; Vyhláška Ministerstva hospodárstva č. 235/2002 Z. z. z 30. apríla 2002, ktorou sa ustanovujú podrobnosti o náležitostiach žiadosti o poskytnutie investičných stimulov; Zákon č. 595/2003 Z. z. o dani z príjmov v znení neskorších predpisov, § 52 ods. 4; Zákon č. 366/1999 Z. z. o daniach z príjmov v znení neskorších predpisov, platný do 31. decembra 2003, § 35b

Type of measure

Individual aid

Objective

Regional development

Form of aid

Tax advantage

Budget

Overall budget: SKK 50,4 million

Intensity

10,25 %

Duration

—

Economic sectors

Motor vehicles

Name and address of the granting authority

Ministerstvo hospodárstva Slovenskej republiky

Mierová 19

SK-827 15 Bratislava 212

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

---
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 21, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-10567

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANTHONY B. BENAVIDES,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:01-CR-245-ALL-P

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

Before JOLLY, JONES, and SMITH, Circuit Judges.

PER CURIAM:*

The Assistant Federal Public Defender appointed to represent

Anthony Benavides has filed a motion to withdraw as counsel and a

brief pursuant to Anders v. California, 386 U.S. 738 (1967). 

Benavides has not filed a response. Our independent review of

the brief and the record discloses no nonfrivolous issue. The

motion for leave to withdraw is GRANTED, counsel is excused from

further responsibilities herein, and the APPEAL IS DISMISSED. 

See 5TH CIR. R. 42.2.
| (1)   | the      quarterly Report on Form 10-Q of Debut Broadcasting Corporation Inc. for      the quarter ended September 30, 2009 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 quarterly Report on Form 10-Q for the quarter      ended September 30, 2009, fairly presents in all material respects, the      financial condition and results of operations of Debut Broadcasting      Corporation Inc. |
|-----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:               | /s/Steven Ludwig                 |   |
|-------------------|----------------------------------|--------|
| Name:   | Steven      Ludwig               |   |
| Title:            | Principal      Executive Officer |   |
| Date:             | November      11, 2009           |   |
|              |                             |   |
| By:               | /s/ Sariah Hopkins               |   |
| Name:             | Sariah      Hopkins              |   |
| Title:            | Principal      Financial Officer |   |
| Date:             | November      11, 2009           |   |

----