alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JUNE 28, 2024

NO. 03-23-00100-CV

Texas Health and Human Services Commission, Appellant

v.

Julius Kadia, Appellee

APPEAL FROM THE 345TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES BAKER, KELLY, AND SMITH

AFFIRMED IN PART; REVERSED AND RENDERED IN PART;

REVERSED AND REMANDED IN PART -- OPINION BY JUSTICE KELLY

This is an appeal from the interlocutory order signed by the district court on January 31, 2023.

Having reviewed the record and the parties’ arguments, the Court holds that there was reversible 

error in the district court’s interlocutory order. Therefore, the Court reverses the district court’s 

interlocutory order in part and renders judgment dismissing with prejudice Appellee’s claims 

(a) that he was disciplined and then for 18 months deprived of employment benefits, salary 

increases, and consideration for promotion, all in response to his March 2019 refusal to complete 

an assignment, insofar as these claims rely on acts or omissions occurring outside the claimpreservation periods; (b) for retaliatory failure to hire or promote under job postings 412525, 

446331, 476353, 478865, 479271, 487689, 494328, 494333, 498873, 498874, 499232, 500734, 

500744, 501943, 507504, 507534, 507562, 507639, 507648, 507673, 507682, 507710, 507712, 
2

507714, 507716, and 507881; and (c) that the Commission denied him overtime in July 2019. 

Further, the court reverses the interlocutory order in part and remands the case for Appellee to

replead (a) his claim for any denials of overtime that occurred outside of the claim-preservation

periods to state sufficient facts to bring the claim within the Gupta exception; (b) his claim for 

the denial of his request to work as a nurse during staffing shortages insofar as the claim relies on 

acts or omissions occurring outside of the claim-preservation periods to bring the claim within 

the Gupta exception; (c) his claim based on being encouraged to resign to state sufficient facts to 

show either exhaustion of remedies or the Gupta exception; and (d) his retaliation claim for 

bullying, harassment, assigned tasks, write-ups, or denied compensation, any of which occurred 

after November 2, 2020, to bring the claim within the Gupta exception. Further, the Court 

otherwise affirms the interlocutory order. Appellant shall pay one-half of all costs relating to this 

appeal, both in this Court and in the court below, and Appellee shall pay one-half of all costs 

relating to this appeal, both in this Court and in the court below.
Order filed November 17, 2015

In The

Fourteenth Court of Appeals

____________

NO. 14-15-00910-CV

____________

In the Interest of I.W. aka A.A.W. and I.W. aka J.A.W., Children

On Appeal from the 313th District Court

Harris County, Texas

Trial Court Cause No. 2014-04849J

ORDER

This is an accelerated appeal from a judgment in a suit in which the 

termination of the parent-child relationship is at issue

The notice of appeal was filed October 26, 2015. Appellant has established 

indigence or is presumed to be indigent. See Tex. R. App. P. 20.1(a). The 

reporter’s record was due within 10 days after the notice of appeal was filed. See 

Tex. R. App. P. 35.1(b); 28.4(a)(1). The record has not been filed.

Appeals in parental termination cases and child protection cases are to be 

brought to final disposition within 180 days of the date the notice of appeal is 
filed. See Tex. R. Jud. Admin. 6.2(a). The trial and appellate courts are jointly 

responsible for ensuring that the appellate record is timely filed. See Tex. R. App. 

P. 35.3(c). The trial court must direct the court reporter to immediately commence 

the preparation of the reporter’s record and must arrange for a substitute reporter, 

if necessary. See Tex. R. App. P. 28.4(b)(1). 

Because the reporter’s record has not been filed timely in this accelerated 

appeal, we issue the following order:

We order Jill Bartek, the official court reporter, to file the record in this 

appeal on or before December 1, 2015. If Jill Bartek does not timely file the 

record as ordered, the court will issue an order requiring her to appear at a hearing 

to show cause why the record has not been timely filed and why she should not be 

held in contempt of court for failing to file the record as ordered. Contempt of 

court is punishable by a fine and/or confinement in jail.

PER CURIAM
```

[Congressional Record Volume 158, Number 129 (Friday, September 21, 2012)]
[Extensions of Remarks]
[Pages E1601-E1602]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                   FIRST ANNUAL AMERICA'S FAMILY DAY

                                 ______
                                 

                            HON. JOE BARTON

                                of texas

                    in the house of representatives

                      Thursday, September 20, 2012

  Mr. BARTON of Texas. Mr. Speaker, on October 6, there will be an 
event taking place in Santa Monica, CA that I would like to highlight. 
This event will be the First Annual America's Family Day. The purpose 
of this event will be to celebrate families and to stress the 
importance of protecting and investing in our children.
  On March 7, 2012, the Bi-Partisan Privacy Caucus, in which I serve as 
the co-Chairman, held a briefing to directly highlight H.R. 1895, the 
Do Not Track Kids Act of 2011. On our panel, we were joined by Nick 
Cannon, Spokesperson for Safe Communications, who shared the same 
passion of ensuring that our children are protected across all 
platforms. He graciously publicly endorsed H.R. 1895 and has decided to 
champion the cause by holding the very first America's Family Day.
  I believe that Republicans and Democrats alike can agree that family 
is a sacred institution that deserves our time, energy, and devotion. I 
am blessed to have a loving wife, four wonderful children, two 
stepchildren, and five grandchildren. I want nothing more than to do my 
part to make sure they are secure, safe, and well protected. In this 
sentiment, I am

[[Page E1602]]

happy to offer my support for the First Annual America's Family Day.

                          ____________________
```
```

[Congressional Record Volume 158, Number 121 (Tuesday, September 11, 2012)]
[Senate]
[Page S6105]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                      EXECUTIVE MESSAGES REFERRED

  As in executive session the PRESIDING OFFICER laid before the Senate 
messages from the President of the United States submitting sundry 
nominations which were referred to the appropriate committees.
  (The messages received today are printed at the end of the Senate 
proceedings.)

                          ____________________
```
```

[Congressional Record Volume 158, Number 127 (Wednesday, September 19, 2012)]
[House]
[Page H6151]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Ms. WASSERMAN SCHULTZ:
       H.R. 6443.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 14: To make Rules for the 
     Government and Regulation of the land and naval Forces.

                          ____________________
```
```

[Congressional Record Volume 158, Number 128 (Thursday, September 20, 2012)]
[Senate]
[Page S6476]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                        NEED FOR NEW LEADERSHIP

  Mr. McCONNELL. Mr. President, we all understand there is an election 
going on around here in a few months, but I would like to remind my 
colleagues on the other side that we also have a job to do right now. 
We have multiple crisis-level issues to deal with. Yet our Democratic 
friends don't seem to want to do a thing. Never before--never before--
has a President and a Senate done so little to confront challenges so 
great.
  We have a $16 trillion debt. Democrats haven't bothered to pass a 
budget in 3 years. Every single American will get hit with a massive 
tax hike in just 3 months if we don't act to prevent it.
  Democrats are saying we shouldn't do anything about it; just go off 
the cliff. Go off the cliff, and let's see what happens. The defense 
budget is about to suffer automatic cuts that the President's own 
Defense Secretary--the Defense Secretary in this administration--has 
described as devastating. But Democrats can't be bothered to figure out 
a way to avoid them.
  The Middle East is in turmoil. We remain at war in Afghanistan and 
with al-Qaida, and Senate Democrats have not even bothered to pass the 
Defense authorization bill.
  Gas prices have more than doubled over the past 4 years--doubled in 
just 4 years. Democrats responded by conspiring with the President to 
make sure a domestic pipeline didn't get built. They just let the debt 
grow, let taxes go up, let the defense cuts stand, and let gas prices 
get higher and higher. They don't pass a budget, don't pass any 
spending bills, don't do anything that involves making tough choices; 
just sit around and kill time in the hopes that the voters will focus 
on the other guys instead.
  Look, our constituents didn't send us here to watch the clock or to 
offer running commentary on the Senate floor. They sent us here to make 
a difference. We have jobs to do. It is about time we did them. In 
these very challenging times, Americans deserve leadership. Never 
before--never before--has a President and a Senate majority party done 
so little when our challenges were so great. There is no excuse for it.

                          ____________________
```
```

[Congressional Record Volume 158, Number 128 (Thursday, September 20, 2012)]
[House]
[Page H6233]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

            By Mr. MARKEY:
        H.R. 6468.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Section 8 of Article I of the United States Constitution. 
     ``The Congress shall have Power To lay and collect Taxes, 
     Duties, Imposts and Excises, to pay the Debts and provide for 
     the common Defence and general Welfare of the United States; 
     but all Duties, Imposts and Excises shall be uniform 
     throughout the United States.''
```
32.2SECTION 1350 CERTIFICATION OF
PRINCIPAL FINANCIAL OFFICER
 
 CERTIFICATION
OF PRINCIPAL FINANCIAL OFFICER
 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 Commonwealth Income & Growth Fund
IV, (the “Company”) on Form 10-Q for the quarter ended September 30, 2008, as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Kimberly A. Springsteen-Abbott, Chief Financial Officer of the
general partner 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 the best
of  my knowledge:
  (1)
The Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and
 
 (2)
The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the
Company.
 
  /s/ Kimberly A.
      Springsteen-AbbottKimberly
      A. Springsteen-AbbottChief
      Financial OfficerNovember
      14, 2008
#### Matthew ORLANDO, Appellant, v. UNITED STATES of America.

No. 11368.

Circuit Court of Appeals, Eighth Circuit.

April 21, 1939.

Joseph Catanzaro, of St. Louis, Mo., for appellant.

Harry C. Blanton, U. S. Atty., of Sikeston, Mo., and Arthur A. Hapke, Asst. U. S. Atty., of St. Louis, Mo.

PER CURIAM.

Appeal dismissed for want of prosecution, on motion of appellee and consent of appellant; appellant ordered to surrender to custody.
# C_2009297EN.01003502.xml

| 5.12.2009 | EN | Official Journal of the European Union | C 297/35 |
| --- | --- | --- | --- |

5.12.2009

EN

Official Journal of the European Union

C 297/35

---

Judgment of the Civil Service Tribunal (Third Chamber) of 7 October 2009 — Y v Commission

(Case F-29/08) (1)

1

(Contract staff - Dismissal for obviously inadequate work - Conduct in the service inadequate)

2009/C 297/53

Language of the case: French

Parties

Parties

Applicant: Y (Brussels, Belgium) (represented by: N. Lhoëst, lawyer)

Applicant:

Defendant: Commission of the European Communities (represented by: J.-P. Keppenne and L. Lozano Palacios, Agents)

Defendant:

Re:

Re:

Annulment of the decision of the authority authorised to conclude contracts of employment of 24 May 2007 to dismiss the applicant as a member of the contract staff on account of the applicant’s allegedly inadequate conduct in the service and compensation for the material and non-material damage suffered

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | orders Y to pay all the costs. |
| --- | --- |

2.

orders Y to pay all the costs.

---

(1)  OJ C 116, of 09.05.2008 p. 35.

1

---
**EXHIBIT 23.2**

**CONSENT OF ERNST & YOUNG LLP, INDEPENDENTREGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in theRegistration Statements on Forms S-8 No. 333-42533, No. 333-86001, No.333-62734 and No. 333-100011 (pertaining to the 1995 Stock Option Plan and the1998 Stock Option Plan, as amended and restated, and the 2002 Stock OptionPlan), and Forms S-3 No. 333-33710, No. 333-51250, No. 333-53538, No.333-112513 and No. 115281 of Titan Pharmaceuticals, Inc. of our report datedFebruary 20, 2004 with respect to the consolidated financial statements ofTitan Pharmaceuticals, Inc. as of December 31, 2003 and for the two years thenended included in this Annual Report (Form 10-K) for the year ended December31, 2004.
|  |   |  |
|--|--------|--|

 

Palo Alto, CaliforniaMarch14, 2005

----
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-7269

NATHAN LEON STEPHENS,

Petitioner - Appellant,

v.

WARDEN A. DUNBAR,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. Louise W. Flanagan, 

District Judge. (5:12-hc-02035-FL)

Submitted: January 21, 2014 Decided: January 23, 2014

Before MOTZ, KEENAN, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Nathan Leon Stephens, Appellant Pro Se. Michael Bredenberg, 

FEDERAL MEDICAL CENTER, Butner, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Nathan Leon Stephens, a federal prisoner, appeals the

district court’s order denying relief on his 28 U.S.C. § 2241 

(2012) petition. We have reviewed the record and find no 

reversible error. Accordingly, although we grant leave to 

proceed in forma pauperis, we affirm for the reasons stated by 

the district court. See Stephens v. Dunbar, No. 5:12-hc-02035-

FL (E.D.N.C. July 29, 2013). 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
**Exhibit31.2**

 

**CERTIFICATION**

 

I, Tony Chung, certify that:

 

1. I have reviewed this quarterly report on Form 10-Q of LiquidmetalTechnologies;

 

2. Based on my knowledge, this quarterly report does not contain anyuntrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisquarterly report;

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this quarterly report;

 

4. The registrant’s other certifying officers and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and wehave:

 

a)              designedsuch disclosure controls and procedures to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period inwhich this quarterly report is being prepared;

 

b)             evaluatedthe effectiveness of the registrant’s disclosure controls and procedures as ofa date within 90 days prior to the filing date of this quarterly report (the “EvaluationDate”); and

 

c)              presented in this quarterly report our conclusions about theeffectiveness of the disclosure controls and procedures based on our evaluationas of the Evaluation Date;

 

5. Theregistrant’s other certifying officers and I have disclosed, based on our mostrecent evaluation, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunction):

 

a)              allsignificant deficiencies in the design or operation of internal controls whichcould adversely affect the registrant’s ability to record, process, summarizeand report financial data and have identified for the registrant’s auditors anymaterial weaknesses in internal controls; and

 

b)             any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’s internalcontrols; and

 

6. The registrant’s other certifying officers and I have indicated inthis quarterly report whether or not there were significant changes in internalcontrols or in other factors that could significantly affect internal controlssubsequent to the date of our most recent evaluation, including any correctiveactions with regard to significant deficiencies and material weaknesses.

 

 
| Date: December 20, 2004 | /s/ Tony Chung                              |   |
|------------------------------|---------------------------------------------|--------|
|                         | Tony Chung                                  |
|                         | Vice President of Finance                   |
|                         | (Principal Financial and Accounting 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 Whistler  Investments,  Inc. (the
"Company")  on Form 10-QSB for the quarter  ended October 31, 2004 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Holly Roseberry, 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:  (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/ Holly Roseberry
                                                ---------------------
                                                Holly Roseberry
                                                Chief Executive Officer

December 15, 2004
**Exhibit 32.2**

 

**WRITTENSTATEMENT OF THE CHIEF FINANCIAL OFFICER**

**PURSUANTTO 18 U.S.C. 1350**

 

Solely for the purposes of complying with 18 U.S.C. 1350, I, theundersigned Chief Financial Officer of Liquidmetal Technologies, Inc. (the“Company”), hereby certifies, based on my knowledge, that the Quarterly Reporton Form 10-Q of the Company for the quarter ended June 30, 2008, (the“Report”) fully complies with the requirements of Section 13 (a) ofthe Securities Exchange Act of 1934 and that the information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
| /s/  Gerald Morrow                 |   |
|-----------------------------------------|--------|
| Gerald Morrow, Chief  Financial Officer |
| August 19, 2008                    |

 

----
Exhibit 32.3

Certification of Chief Financial Officer

Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)

In connection with the Quarterly Report on Form 10-Q for the quarter ended March 31, 2006(the Report) of MCG Capital Corporation (the Registrant), as filed with the
Securities and Exchange Commission on the date hereof, I, John C. Wellons, the Chief Accounting Officer of the Registrant, hereby certify, to the best of 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, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |                        |  | 
| |  | ---------------------- |  | 
| |  | /s/    JOHN C. WELLONS |  | 
| |  | Name: John C. Wellons  |  | 
| |  | Date: May 3, 2006      |  |