alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Harvey S. PALLEN, Howard Dollinger and Pallen, Richardson & Dollinger, D.D.S., P.A., Appellants, v. Stanley M. RICHARDSON, Appellee.

No. 88-2013.

District Court of Appeal of Florida, Third District.

Oct. 4, 1988.

Kelly, Black, Black, Byrne, Craig & Beasley and Lauri Waldman Ross, Miami, for appellants.

Sharon B. Jacobs, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.

PER CURIAM.

This is an appeal from a temporary restraining order and a subsequent permanent injunction entered in an action below sounding in (1) constructive fraud and breach of fiduciary duty, (2) tortious interference with an advantageous business relationship, and (3) fraud in the inducement. The action arose after the defendants [two dentists in a professional corporation] physically locked out the plaintiff [a third dentist in the same corporation] from the parties’ joint dental offices and removed the latter as a practicing dentist in the corporation.

Because we conclude that (1) the plaintiff Stanley M. Richardson has an adequate remedy at law as it is plain that the actions he has pled below are solely compensable by money damages, and (2) the said plaintiff has made no showing that irreparable harm will result if an injunction is not granted [i.e., that money damages will not alone adequately compensate the plaintiff], we reverse the injunctive orders under review and remand the cause for further proceedings. *See Mosely v. DeMoya,*497 So.2d 696, 697-98 (Fla. 3d DCA 1986); *Mike Smith Pontiac GMC, Inc. v. Smith,**1044486 So.2d 89, 90 (Fla. 5th DCA 1986); *Oxford Int’l Bank & Trust, Ltd. v. Merrill, Lynch, Pierce, Fenner & Smith, Inc.,*374 So.2d 54, 55 (Fla. 3d DCA 1979), *cert. dismissed,*383 So.2d 1199 (Fla.1980); *Montgomery Pipe & Tube Co. v. Mann,*205 So.2d 660, 661-62 (Fla. 3d DCA 1968).

REVERSED AND REMANDED.
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  accompanying  Annual  Report  on Form  10-KSB of Diamond  Entertainment  Corporation (the "Company") for the year ended March 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report),  I, James K.T. Lu, President and Co-Chief  Executive  Officer of the Company,  hereby certify pursuant to 18 U.S.C.  Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to my knowledge, 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/ James K. T. Lu



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



James K. T. Lu

Title: President and Co-Chief Executive Officer



Date:  June 29, 2004
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Kurtis T. Wilder

Elizabeth T. Clement, 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.

 January 12, 2018

d1023

Order 

Clerk

January 12, 2018

156373 & (31)

ATTORNEY GENERAL FOR THE STATE

OF MICHIGAN ex rel DEPARTMENT OF

NATURAL RESOURCES, NATURAL

RESOURCES COMMISSION, and WATER

RESOURCES COMMISSION,

Plaintiffs-Appellees,

and

CITY OF ANN ARBOR, WASHTENAW

COUNTY, WASHTENAW COUNTY 

HEALTH DEPARTMENT, WASHTENAW

COUNTY HEALTH OFFICER, HURON

RIVER WATERSHED COUNCIL, and

SCIO TOWNSHIP,

Intervenors-Plaintiffs-Appellees,

v SC: 156373

COA: 337818

Washtenaw CC: 88-034734-CE

GELMAN SCIENCES, INC.,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the motion for immediate consideration is GRANTED. 

The application for leave to appeal the July 14, 2017 order 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.
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable materials, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Library of Medicine Special Emphasis Panel, Conflict R01/K99/K22.                    

*Date:*                         May 17, 2012.                    

*Time:*                         12 p.m. to 4 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Library of Medicine, 6705 Rockledge Drive, Suite 301, Bethesda, MD 20817, (Telephone Conference Call).                    

*Contact Person:*                         Zoe H. Huang, M.D., Scientific Review Officer, Extramural Programs, National Library of Medicine, NIH, 6705 Rockledge Drive, Suite 301, Bethesda, MD 20892-7968, 301-594-4937,                         *hungz@mail.nih.gov*.                    

(Catalogue of Federal Domestic Assistance Program No. 93.879, Medical Library Assistance, National Institutes of Health, HHS).

Dated: March 20, 2012.

Jennifer S. Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2012-7248 Filed 3-23-12; 8:45 am]

BILLING CODE 4140-01-P
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  accompanying  Annual  Report  on Form  10-KSB/A of Diamond  Entertainment  Corporation (the "Company") for the year ended March 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report),  I, James K.T. Lu, President and Co-Chief  Executive  Officer of the Company,  hereby certify pursuant to 18 U.S.C.  Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to my knowledge, 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/ James K. T. Lu



James K. T. Lu



Title: President and Co-Chief Executive Officer



Date:  October 7, 2005
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S

N O

. P D-1313-14

LIONEL GONZ ALES, Ap pellant

v.

THE S TATE O F TEXAS

ORDER P URSUANT TO TEXAS RULE S OF AP P ELL ATE PR OCEDURE RULE 9.10 CAUSE NUMBER 2004CR1992 IN THE 379 DISTRICT COURT

T H F ROM BEXAR COUNTY

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, n a m e l y : t h e

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, t h e C l e r k s o u g h t a r u l i n g f r o m t h e C o u r t a n d t h e r e a f t e r n o t i f i e dRule 9.10 Order - 2

t h e p a r t i e s

. T h e C o u r t n o w o r d e r s t h e C l e r k o f t h i s C o u r t t o r e d a c t o r s e a l t h e d i s c o v e r e d

s e n s i t i v e d a t a f

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. T h e C o u r t f u r t h e r o r d e r s t h e

t r i a l c o u r t c l e r k
, t h e c l e r k o f t h e c o u r t o f a p p e a l s , o r a n y e n t i t y o r i n d i v i d u a l p o s s e s s i n g

t h e f o l l o w i n g d o c u m e n t s t o r e d a c t o r s e a l t h e d o c u m e n t s p u r s u a n t t o t h i s o r d e r :

1

. C l e r k ’ s R e c o r d

2

. R e p o r t e r ’ s R e c o r d

F i l e d : A p r i l 6
, 2 0 1 5

D o n o t p u b l i s h
##### 



1.
    
    I have reviewed this quarterly report on Form 10-Q of AMH Holdings, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods
presented in this report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) for the registrant and have:
 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 registrant, 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)
    
    Evaluated the effectiveness of the registrant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; andc)
    
    Disclosed in this report any change in the registrants internal control
over financial reporting that occurred during the registrants most recent fiscal
quarter (the registrants fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrants internal 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 financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):
 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 registrants ability to record, process, summarize and
report financial information; andb)
    
    Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over
financial reporting.
 Date:  November 13, 2007
    By:
    /s/ Thomas N. ChieffeThomas N. ChieffePresident and Chief Executive Officer
(Principal Executive Officer)
#### The People of the State of New York, Respondent, v Johnny Blackwell, Appellant.

Appeal by the defendant from a judgment of the County Court, Putnam County (Braatz, J.), rendered November 15, 1989, convicting him of grand larceny in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf., People v Gonzalez,*47 NY2d 606). Thompson, J. P., Kunzeman, Eiber and Rosenblatt, JJ., concur.
Exhibit 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER



I, Paul Kim, Chief Financial Officer of Cogent, Inc. (the Registrant), do hereby certify in accordance with 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:



(1) the Quarterly Report on Form 10-Q of the Registrant, to which this certification is attached as an exhibit (the Report),
fully complies with the requirements of Section 13(a) 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 Registrant.



This certification has not been, and shall
not be deemed, filed with the Securities and Exchange Commission.



Dated: August 11, 2005



|                                                              
|--------------------------------------------------------------
|                                                              
|/s/    PAUL KIM                                               
|Paul Kim Chief Financial Officer (Principal Financial Officer)
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 41372 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
RAUL RAMOS

- HERNANDEZ , also known as Camerino Lopez

- Lopez,

Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:14

- CR

- 638

- 1

Before JOLLY, GRAVES, and COSTA, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Raul Ramos

Hernandez has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Ramo s
- Hernandez h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED August 1 8 , 2015

Lyle W. Cayce Clerk Case: 14-41372 Document: 00513158836 Page: 1 Date Filed: 08/18/2015No. 14

- 41372

2 nonfrivolous issue for appellate review. Accordingly, cou nsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 14-41372 Document: 00513158836 Page: 2 Date Filed: 08/18/2015
#### Jerry G. COBB v. GUARANTY BANK & TRUST COMPANY OF MORGAN CITY, et al.

No. CM 88 0494.

Court of Appeal of Louisiana, First Circuit.

June 21, 1988.

*1132R. Glenn Cater, New Orleans, Barron Whipple, Houma, for plaintiff.

Thomas E. Loehn, New Orleans, for defendants.

Before SHORTESS, LANIER and CRAIN, JJ.

CRAIN, Judge.

Defendants primarily contend this appeal should be dismissed because plaintiff failed to file into the record the order granting his motion for appeal until after the appeal delay had expired. They also urge dismissal of the appeal on the grounds they were not notified of the appeal until after the expiration of the delay.

Louisiana Code of Civil Procedure Article 2121 provides an appeal is taken by obtaining an order therefor, within the delay allowed, from the court which rendered the judgment. In the present case, plaintiff obtained an order of appeal within the devolutive appeal delay but did not file the order in the record until fifteen days after the delay expired. Defendants did not receive notice of plaintiff’s appeal until after the order was filed. They argue the delay in filing the order of appeal and in sending the notice of appeal constitutes fault imputable to the appellant under Louisiana Code of Civil Procedure Article 2161. They contend the appeal should therefore be dismissed. However, as long as the order of appeal is timely obtained (i.e., signed), it cannot be invalidated by the failure to timely file it as long as it is eventually filed in the record. *Acadian Heritage Realty v. City of Lafayette,*451 So.2d 17 (La.App. 3d Cir.), writs denied 452 So.2d 696, 697 (La.1984); *Owens v. AAA Contracting Company,*213 So.2d 338 (La.App. 1st Cir.1968).

Furthermore, defendants received notice of the appeal prior to the expiration of the time limit for answering the appeal, and they have not been prejudiced by the delay. See La.Code Civ.P. art. 2133. Louisiana Code of Civil Procedure Article 2121 provides that the failure to send notice of the appeal does not affect the validity of the appeal. See also *Guiffre v. Montgomery Ward & Co.,*236 So.2d 66 (La.App. 3d Cir.1970).

For these reasons, the motion to dismiss the appeal is denied at the cost of defendants-appellees.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
financial statement of New Frontier Media, Inc. included in the Company's Form
10-KSB for the period ended March 31, 1999, and is qualified in its entirety by
reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              MAR-31-1999
<PERIOD-START>                                 MAR-31-1998
<PERIOD-END>                                   MAR-31-1999
<CASH>                                           2,736,186
<SECURITIES>                                             0
<RECEIVABLES>                                      740,923
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                 5,905,351
<PP&E>                                           2,779,078
<DEPRECIATION>                                     333,586
<TOTAL-ASSETS>                                  16,402,511
<CURRENT-LIABILITIES>                            5,639,050
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                             1,254
<OTHER-SE>                                      10,287,777
<TOTAL-LIABILITY-AND-EQUITY>                    16,402,511
<SALES>                                          9,452,432
<TOTAL-REVENUES>                                 9,452,432
<CGS>                                            8,800,203
<TOTAL-COSTS>                                    7,708,346
<OTHER-EXPENSES>                                   208,061
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                 223,507
<INCOME-PRETAX>                                 (7,264,178)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                             (7,264,178)
<DISCONTINUED>                                    (316,946)
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                    (7,581,124)
<EPS-BASIC>                                        (1.04)
<EPS-DILUTED>                                        (1.04)



</TABLE>
EXHIBIT 10.56

SECOND AMENDMENT

This Second Amendment (the "Second Amendment") is made and entered into as of this 1st day of April, 2011 (the
"Second Amendment Effective Date") and amends the Amended and Restated Employment Agreement dated as of September 29, 2008 as further amended by the First Amendment dated August 31, 2009
(collectively, the "Employment Agreement"), by and between NEW FRONTIER MEDIA, INC. ("NFM") and MARC CALLIPARI ("Executive"). Unless otherwise defined herein, all capitalized terms used shall
have the meaning ascribed to them in the Employment Agreement.

In
consideration of the foregoing, and other good and valuable consideration, including Executive's continued employment with NFM, the receipt and sufficiency of which are hereby
acknowledged, Executive and NFM hereby agree as follows:

I.     AMENDMENTS TO AGREEMENT

Section 1 "Term" is hereby amended by deleting such section in its entirety and replacing the same with the
following:



II.    GENERAL PROVISIONS

All other terms and conditions of the Employment Agreement that have not been specifically amended herein shall remain in full force and effect. This Second
Amendment, together with the Employment Agreement, contains all of the terms and conditions agreed upon by the parties hereto regarding the subject matter hereof. All prior agreements, promises,
negotiations and representations, either oral or written, relating to the subject matter of this Second Amendment or the Employment Agreement not expressly set forth in this Second Amendment or the
Employment Agreement are of no force or effect. Any waiver, alteration or modification of any of the terms of this Second Amendment shall be valid only if made in writing and signed by both parties
hereto. This Second Amendment may be executed in up to two counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument.

IN
WITNESS WHEREOF, the parties have executed this Amendment as of the date first set forth above.

NEW FRONTIER MEDIA, INC.

EXECUTIVEBy

/s/ MICHAEL WEINER

By:

/s/ MARC CALLIPARIName: Michael Weiner

Name: Marc CallipariTitle: Chief Executive Officer


---



QuickLinks
EXHIBIT
   23.1





CONSENT OF
   INDEPENDENT AUDITORS





The Board of
   Directors


Cabletron Systems,
   Inc.:





We consent to
   incorporation by reference in the registration statements (Nos. 33-50454,
   33-31572, 33-50753, 33-21391, 33-17557, 33-09403, 33-09029, 33-96060,
   33-96058, 33-33454 and 33-42490) on Form S-8 of Cabletron Systems, Inc. of
   our reports dated March 28, 2000, except for the last three paragraphs of
   Note 3, as to which the date is May 23, 2000, relating to the consolidated
   balance sheets of Cabletron Systems, Inc. and subsidiaries as of February
   29, 2000 and February 28, 1999, and the related consolidated statements of
   operations, stockholders equity and cash flows and the related
   schedule for each of the years in the three-year period ended February 29,
   2000, which reports are included in the February 29, 2000 Annual Report to
   Stockholders on Form 10-K of Cabletron Systems, Inc.





| | 
| | 

| | /s/ KPMG
     LLP
| | -----------------




Boston,
   Massachusetts


May 30,
   2000