alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Appellant’s Motion to Reschedule Oral Argument Page 1 

No. 12-13-00307-CV

IN THE TWELFTH COURT OF APPEALS

AT TYLER

________________________________________________________________________

ENBRIDGE G & P (EAST TEXAS) L.P. 

Appellant 

v.

BEN SAMFORD AND WIFE, BETTE ANN SAMFORD, CECIL JACKSON 

AND WIFE, MICHELLE JACKSON, AND SAMMY JOE MONK 

Appellees 

________________________________________________________________________

 Appeal from the 273rd Judicial District Court of Shelby County, Texas 

APPELLANT’S UNOPPOSED MOTION TO RESCHEDULE ORAL ARGUMENT

Comes now Enbridge G & P (East Texas) L.P., (“Enbridge”), Appellant, herein 

(“Appellant”), and respectfully asks the Court to reschedule the oral argument in this case 

because Appellant’s counsel, Julie P. Wright, has become very ill today with a virus. This 

virus has affected several members of the Flowers Davis team over the past week and a half 

and takes several days to recover from. 

ACCEPTED

12-13-00307-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

4/7/2015 3:46:46 PM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 4/7/2015 3:46:46 PM CATHY S. LUSK Clerk
Appellant’s Motion to Reschedule Oral Argument Page 2

1. Oral Argument in this case is currently scheduled for 8:30 a.m. on April 9, 

2015.

2. Appellees do not oppose this request for extension.

3. This is the first request for postponement made by Appellant. 

4. This request for rescheduling is sought not for purposes of delay, but to allow 

Appellant’s counsel time to recover from her current illness. 

Prayer

Therefore, Appellant respectfully requests that the Court issue an order rescheduling

the oral argument in the above case.

Respectfully submitted,

FLOWERS DAVIS, P.L.L.C.

1021 ESE South Loop 323

Suite 200

Tyler, Texas 75701

(903) 534-8063

(903) 534-1650 Facsimile

 /s/ Morgan M. Elliott

JULIE P. WRIGHT

State Bar No. 00794883 

jpw@flowersdavis.com 

MORGAN M. ELLIOTT

State Bar No. 24065196

mme@flowersdavis.com

ATTORNEYS FOR APPELLANT
Appellant’s Motion to Reschedule Oral Argument Page 3

 

CERTIFICATE OF CONFERENCE 

On April 7, 2015, the office for counsel for Appellant spoke with counsel for 

Appellees via telephone conference and counsel for Appellees agreed not to oppose 

Appellant’s Motion to Reschedule Oral Argument.

 

 

 /s/ Morgan M. Elliott

Morgan M. Elliott

 

CERTIFICATE OF SERVICE 

 

I hereby certify that the below-listed counsel of record was served with the foregoing 

document via certified mail, return-receipt requested, on April 7, 2015.

Mr. Don Wheeler

Law Office of Don Wheeler

101 Tenaha Street

Center, Texas 75935

Counsel for Appellees

Mr. George H. Pigg

Mettauer Shires & Adams, L.L.P.

403 Nacogdoches St., Suite 1

Center, Texas 75935

Counsel for Appellees

Mr. Darrin Walker

Law Office of Darrin Walker

6134 Riverchase Glen Dr.

Kingwood, Texas 77345

Counsel for Appellees

 /s/ Morgan M. Elliott

Morgan M. Elliott
~VLtPL 91-01-/2 32C-A

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<PAGE>

                                                                Exhibit 99.2

     CERTIFICATION PURSUANT TO SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED
     STATES CODE, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY
                                  ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as
chief financial officer of BNS Co. (the "Company") does hereby certify that to
the undersigned's knowledge:

     1) the Company's annual report on Form 10-K for the year ended December 31,
2002 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 Company's annual report on Form 10-K
for the year ended December 31, 2002 fairly presents, in all material respects,
the financial condition and the results of operations of the Company.

                         /s/ Michael Warren
                         --------------------------
                         Michael Warren
                         Chief Financial Officer

Dated: March 25, 2003
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-1846

K.I.D.; H. MITCHELL DOUGLAS, a/k/a H.M.D.; ANGELA L. 

DOUGLAS, a/k/a A.L.D.,

Plaintiffs - Appellants,

v.

CHARLES A. WILKINS, a/k/a Chuck,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. John A. Gibney, Jr., 

District Judge. (3:14-cv-00177-JAG)

Submitted: March 30, 2015 Decided: April 10, 2015

Before KING, DUNCAN, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

J. Michael Sharman, COMMONWEALTH LAW OFFICES, PC, Culpeper, 

Virginia; R. Wayne Nunnally, R. WAYNE NUNNALLY, PC, Irvington, 

Virginia; Paul C. Stamm, Jr., Kilmarnock, Virginia, for 

Appellants. Alexander Francuzenko, Lee Warren, COOK CRAIG & 

FRANCUZENKO, PLLC, Fairfax, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

K.I.D., H. Mitchell Douglas and Angela L. Douglas appeal 

the district court’s order dismissing this action raising claims 

of strict liability, gross negligence, and negligence per se 

stemming from a deputy sheriff’s sexual abuse of a minor high 

school student. We have reviewed the record and find no 

reversible error. Accordingly, we affirm for the reasons stated 

by the district court. K.I.D. v. Wilkins, No. 3:14-cv-00177-JAG

(E.D. Va. July 18, 2014).* We dispense with oral argument 

because the facts and legal contentions are adequately presented 

in the materials before this court and argument would not aid 

the decisional process.

AFFIRMED

 * We conclude that the district court did not abuse its 

discretion in exercising supplemental jurisdiction over the 

state law claims. We note especially that significant action 

had taken place in federal court prior to the filing of the 

motion to remand this action to state court, and we agree with 

the district court that remand would not have served the 

interest of judicial economy. See Shanaghan v. Cahill, 58 F.3d 

106, 110 (4th Cir. 1995).
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 American Bar Association Members/Northern Trust Collective Trust (the Company) on Form 10-Q for the quarter ended September 30, 2010 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Thomas R. Benzmiller, as Principal Executive Officer of the Company, certify, pursuant to and for purposes of 18 U.S.C. ss. 1350, as adopted pursuant to
ss. 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/ Thomas R. BenzmillerThomas R. Benzmiller Principal
Executive Officer November 15, 2010
ERNIE MONTILLA,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

___________________________/

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D15-1471

Opinion filed April 14, 2015.

Petition Alleging Ineffective Assistance of Appellate Counsel -- Original 

Jurisdiction.

Ernie Montilla, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied on the 

merits.

ROBERTS, SWANSON, and BILBREY, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPI RES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT In the Interest of A.W.J., a child. ) ) ) D.H.R., ) ) Appellant, ) ) v. ) Case No. 2D13-4879 ) DEPARTMENT OF CHILDREN AND ) FAMILIES and GUARDI AN AD LITEM ) PROGRAM, ) ) Appellees. ) ) Opinion filed August 1, 2014.

A ppeal from the Circuit Court for Pasco County; Thomas M. Ramsberger, Judge.

Frank D.L. Winstead of Winstead Law Offices, Land O'Lakes, for Appellant D.H.R. Bernie McCabe, State Attorney, and Leslie M. Layne, Assistant State Attorney, Tampa, for Appellee Department of Children and Families. Laura E. Lawson, Sanford, for Appellee Guardian ad Litem Program. ALTENBERND, Judge. D.H.R., the mother, appeals an order adjudicating A.W.J. depen dent as to her based upon its findings that she physically abused her son and that she failed to- 2 - protect her son thereby placi ng him at risk of "abuse, abandonm ent and/or neglect." In the same order, the trial court also adjudicated the child depe ndent as to the father, and that case has been separately appealed by the father and revers ed by this court. N.J. v. Dep't of Children & Families, No. 2D13-4877 (Fla. 2d DCA Aug . 1, 2014). Because the trial court's finding that the child was injured as a resul t of physical abuse was not supported by competent, substantia l evidence, as explained in N .J., we likewise reverse the order adjudicating the child dependent as to the mother. M oreover, the Department did not introduce any evidence whatsoever that the mother had c aused the child to sustain the injuries that led to this adjudication of dependenc y.

Reversed.

CASANUEVA and VILLANTI, JJ., Concur.
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                           AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Quarterly Report On Form 10-QSB of Artcraft
V Inc. for the quarter ending November 30, 2004, I, Li Te Xiao, Chief
Executive Officer and Chief Financial Officer of Artcraft V Inc. hereby certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

     1.   Such Quarterly Report on Form 10-KSB for the quarter ending November
          30, 2004, 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 such Quarterly Report on Form 10-QSB for
          the quarter ending November 30, 2004, fairly presents, in all material
          respects, the financial condition and results of operations of
          Artcraft V Inc.

Dated:  January 18, 2005

ARTCRAFT V INC.


By: /s/ Li Te Xiao
-------------------------------------
Chief Executive Officer and
Chief Financial Officer
Audit Service Update

Steve Ross

Senior Agricultural Marketing Specialist

Quality Assessment Division

Livestock, Poultry, and Seed Program
Red Meat Audit Services

• AMS conducted over 400 onsite audits for the industry 

at approximately 100 different establishments for beef, 

pork, lamb, and seafood purchases

• Audits were completed on behalf of Commodity 

Procurement according to the different Supplements 

and the Master Solicitation.
Outcomes of Audits

Beef, Pork, Lamb, Seafood Products:

• Vast majority of companies are in compliance with requirements

• Top findings of audits:

• Removal of objectionable materials 

• Freezing of products, both at production and at shipping; Seals

• Not following Technical Proposal (TP): not keeping records; not 

keeping TP’s current (e.g. shipping points current for Food 

Defense)
Animal Welfare

• New NAMI 2017 is in effect:

• Will be phasing this in for the audits to keep 

everyone current

• Changed some of the transportation issues

• 14 points to cover in company’s program

• Use of prods reduced to 10% at time of unloading
Animal Welfare Cont.

• Majority of AW audits are in compliance

• Noted problems:

• Prod use at both unloading and alleyways leading up 

to knock box

• Slips and falls

• PAACO trained employees 

• Unloading times from time of arrival on premises
Food Defense

• 600 overall establishments or freezers require annual 

food defense audits.

• AMS approach is to keep vendors current in advance 

and not wait for the company to call when approval is 

about to expire.

• Provide routine status reports to point of contacts at 

individual plants, as well as corporate offices.
CN Labeling

• Audit Rates will no longer be charged beginning 

FY18

• Commitment/Resident Applicants – if the review can 

be completed within normal working hours no 

additional fee will be charged; otherwise the grader 

may charge overtime or a supervisor may charge 

travel time and expenses to complete the review.

• Non-commitment/Fee Applicants – will be charged at 

the fee rate and applicable time and travel expenses. 

• QAD 652 Procedure CN Labeling Reviews
Questions & Answers
Processing Updates

Richard Lawson 

National Poultry Supervisor
72-Hour Freezer Check

• August 2017 – Temporary Removal

• End Product Data Schedule (EPDS) Product

• Academia

• American Commodity Distribution Association (ACDA) 

Processing Committee
72-Hour Skip-Lot

• November 2016

• Updated QAD 613- Frozen Product Examination

• Freezer History Level II
Ground Beef - Update

• 40° Temperature Checks – Ground Beef

• Complete Wash Down

• Per FSIS Regulations

• HACCP
Computer Generated Stamps
FPCP/FPMP

• Further Processing Certification Program Facilities: 34

• Further Processing Monitoring Program Facilities: 18

• Non-Conformances

• Review Every Deficiency 

• Allowed 3 in 6 month time period 
Updating Policies

• Currently reviewing certification procedures QAD 600-

635

• https://www.ams.usda.gov/resources/qad-procedures
Poultry Picture Series

• AMS Publication
Questions?
NO. 03-15-00199-CR 

HENRY GUEDES PAGES § IN THE COURT OF APPEALS 

VS. § THIRD JUDICIAL DISTRICT 

THE STATE OF TEXAS § SITTING AT AUSTIN, TEXAS 

AMENDED MOTION TO BE REMOVED AS ATTORNEY OF RECORD AND REQUEST TO ADD APPELLANT FOR NOTICE PURPOSES 

Now comes Guillermo Gonzalez, appointed-counsel for appellant at tfial level, and files 

this Amended Motionand would show the following: 

I. 

Counsel was appointed by the trial court to represent appellant through trial. Appellant 

was found guilty after trial on March 10 ,2015 and on April 2, 2015 was sentenced to pay a 

$1000 fine and the costs of the court. At appellant's request, Counsel filed Notice of Appeal 

and a Motion to Withdraw as Attorney of Record, which the trial court granted on April 2, 

2015. 

II. 

A copy of the Motion to Withdraw and the Order on said motion are attached for the 

Courts’s review. 

III. 

On April 2, 2015 Counsel received nofice from the Clerk, Court of Appeals, Third 

District of Texas which noticed Counsel as attorney of record for the appeal on this matter. 

IV. 

Appellants contact information is as follows: 

Henry Guedes Pages 

7309 Tha.nnas Way 

Austin, Texas 78744 

(512) 448-7889 

Wherefore, premises considered, Counsel requests this Honorable Court order his name 

be removed as attorney of record on all matters regarding this pending appeal, and that all 

future notices be sent to Appellant at the address provided above.

ACCEPTED

03-15-00199-CR

4897210

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/15/2015 12:02:53 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/15/2015 12:02:53 PM JEFFREY D. KYLE Clerk
904 West Avenue, Suite 100 

Austin, TX 78701 

(512) 4748001 Officc 

(512) 474-8006 Facsimile 

lJg:1_us_t((l2tcXa§_._1_1c_t 

CERTIFICATE OF SERVICE 

I hereby certify that on April 15, 2015 a copy of this motion was delivered through efile to 

the Apellate Unit at the Officc of the Travis County Att ney. x

\ 

Guillermo Gonzzilcz
N0. 03-15-00199-CR 

HENRY GUEDES PAGES § IN THE COURT OF APPEALS 

VS. S THIRD JUDICIAL DISTRICT 

THE STATE OF TEXAS § SITTING AT AUSTIN, TEXAS 

ORDER 

On this date the Amended Motion to be Removed as Attorney of Record and to add 

Appellant for Notice Purposes was reviewed by the Court and it is the opinion of the Court 

that said Motion is in all Granted and that Guillermo Gonzalez is hereby ordered 

removed as Attorney of Record on this matter, and all notices in this matter be forwarded to 

Appellant at the address provided in said motion. 

SIGNED this day of . 2015. 

JUDGE PRESIDING
<PAGE>
                                                                     EXHIBIT 4.1


                             Incorporated Under the
                         Laws of the State of Delaware

          NUMBER                                               SHARES
         [      ]                                             [      ]

                                                           CUSIP  253134 10 0
                           DICKIE WALKER MARINE, INC.

The Corporation is authorized to issue 50,000,000 shares of common stock, $.001
par value.


This certifies that __________________________________________ is the registered
holder of ___________ Shares of Dickie Walker Marine, Inc.



transferable only on the books of the Corporation by the holder hereof in person
or by Attorney upon surrender of this Certificate properly endorsed.

        IN WITNESS WHEREOF, the said Corporation has caused this Certificate to
be signed by its duly authorized officers and its Corporate Seal to be hereunto
affixed this ______ day of __________ A.D. 20____.



---------------------------                     --------------------------------
Sandra Evans, Secretary                         Julia Sargent Knudsen, President
<PAGE>


        For Valued Received, _________ hereby sells, assign and transfer unto
__________________ Shares represented by the within Certificate and do hereby
irrevocably constitute and appoint ___________ Attorney to transfer the said
Shares on the books of the within named Corporation with full power of
substitution in the premises.


        Dated ____________________.

        In presence of __________________________



      NOTICE: THE SIGNATURE TO THIS ASSIGNMENT
  MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE
 FACE OF THE CERTIFICATE IN EVERY PARTICULAR, WITHOUT
  ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATEVER.
Exhibit 32.2

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 Ames True Temper, Inc. (the ‘‘Company’’) on Form 10-Q for the period ended March 29, 2008 as filed with the Securities and Exchange Commission on the date hereof (the ‘‘Report’’), I, David M. Nuti, 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/ David M. Nuti
David M. Nuti
Chief Financial Officer
(Principal Financial Officer)
May 13, 2008

---
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

CORRECTED JUDGMENT RENDERED

APRIL 9, 2015

NO. 03-13-00336-CV

R.D. Tips, Inc., Appellant

v.

Virginia Jett, Appellee

APPEAL FROM 419TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE ROSE, JUSTICES PURYEAR AND GOODWIN

AFFIRMED -- OPINION BY JUSTICE PURYEAR

This is an appeal from the judgment signed by the trial court on February 11, 2013. Having 

reviewed the record and the parties’ arguments, the Court holds that there was no reversible error 

in the trial court’s judgment. Therefore, the Court affirms the trial court’s judgment. R.D. Tips, 

Inc. shall pay all costs relating to this appeal, both in this Court and the court below. It is further 

ordered that Virginia Jett recover from the supersedeas bond filed by R.D. Tips, Inc. and its 

surety, SureTec Insurance Company, the amount of the judgment rendered above, including all 

costs and interest accrued during the pendency of the appeal, as determined by the court below, 

up to but not in excess of the supersedeas amount of $3,788,745.47, after payment of which the 

surety is released from further liability.
IN THE SUPREME COURT OF PENNSYLVANIA

IN RE:

AMENDMENT OF RULE 1921 OF 

THE RULES OF JUDICIAL 

ADMINISTRATION 

:

:

:

:

:

:

:

:

:

:

NO. 445

JUDICIAL ADMINISTRATION DOCKET

ORDER

PER CURIAM

AND NOW, this 7

TH day of April, 2015, IT IS ORDERED pursuant to Article V, 

Section 10 of the Constitution of Pennsylvania that Rule 1921 of the Rules of Judicial 

Administration is amended in the attached form.

To the extent that notice of proposed rulemaking would otherwise be required by 

Pa.R.J.A. No. 103, the immediate promulgation of the amendment is found to be in the 

interests of justice and efficient administration.

This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b) and 

shall be effective immediately.
FRESH PEAR COMMITTEE

ROSTER

Member 1st Alternate 2nd Alternate Term 

 Ending

Medford District

Growers Matthew Borman Nancy Vaughn Vacant 2022

Medford, OR Central Point, OR

Handlers Sean Naumes Scott Martinez Vacant 2021

Medford, OR Phoenix, OR

Mid-Columbia District

Growers Gordon R. Sato Ron Rivers Jon B. Laraway 2021

Parkdale, OR Phoenix Hood River, OR

Dane H. P. Klindt Erick Von Lubken Derek DeBorde 2022

The Dalles, OR Hood River, OR Hood River, OR

Handlers Ed Weathers Brad Pickering Gary W. Wells 2021

Odell, OR White Salmon, WA Hood River, OR

Ed Ing Don Gibson Chad Wimmers 2022

White Salmon, OR White Salmon, WA Hood River, OR

Wenatchee District

Growers Kevin A. Stennes Daryl E. Harnden Matthew McDevitt 2022

Pateros, WA Cashmere, WA Peshastin, WA

Mike Pflugrath Rod Grams Jacob Carson 2021

Peshastin, WA Cashmere, WA Cashmere, WA

Handlers Andrew Peterson Craig R. Christensen Shawn Cox 2022 

Dryden, WA Dryden, WA Cashmere, WA

Randy Talley Vacant Vacant 2021

Peshastin, WA

Yakima District

Growers Mark Blore Gene R. Woodin III Jordon Matson 2022

Yakima, WA Yakima, WA Selah, WA

Handlers Jorge Arias Vacant John Onstad 2021

Selah, WA Yakima, WA

Public Amy Wood Ann E. Colonna Amit Dhingra 2021

Portland, OR Portland, OR Pullman, WA