alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 06-1812

___________ Raymond Setzke, *
* Appellant, * * Appeal from the United States v. * District Court for the Western * District of Arkansas. Steve Whitmill, Sheriff, * Washington County, Arkansas; * [UNPUBLISHED] Vernon Sizemore; Deputy Coker, * Washington County K-9 Unit; * Officer Billy Dunn, Johnson Police * Department; Unknown Officers of * the Washington County Sheriff’s * Department and Johnson Police * Department; Ray Reynolds, Judge, * City of Johnson; Jim Boyd, Judge, * City of Johnson; Daniel Wright, * Prosecutor, City of Johnson; Officer * of the Fayetteville Police Department; * Officer Billy Dunn; Deputy Scott * Young, Washington County Deputy; * Deputy Skelton, Washington County * Deputy; Frank Johnson, Police Chief * of Fayetteville Police Department; * Vernon Sizemore, Chief of Police, * City of Johnson, Arkansas; Grammer, * Officer at Fayetteville Police Dept. * K-9 Unit, *
* Appellees. *1 The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.

-2- ___________ Submitted: July 20, 2007 Filed: July 20, 2007

___________ Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.

___________ PER CURIAM.
Raymond Setzke appeals the district court’s 1 dismissal without prejudice of his 42 U.S.C. § 1983 action after hefailed to appear for tw o scheduled depositions. We see no abuse of discretion in the district court’s dismissal of the action. See Doe v. Cassel , 403 F.3d 986, 990 (8th Cir. 2005) (per curiam) (Fed. R. Civ. P. 41(b) dismissal); Boogaerts v. Bank of Bradley , 961 F.2d 765, 768 (8th Cir. 1992) (per curiam) (Fed. R. Civ. P. 37 dismissal). Setzke admitted to defense counsel by telephone that he received notice of the fi rst deposition, the court warned him that failure to attend the second deposition coul d result in dismissal, and defendants produced unrebutted proof that they properly noticed the second deposition. See Aziz v. Wright , 34 F.3d 587, 588-89 (8th Cir. 1994) (a ffirming dismissal under Rule 41(b) for plaintiff’s failure to comply with c ourt order allowing depos ition). We also see no abuse of discretion in the award of reasonable costs to defendants. See Fed. R. Civ. P. 37(d) (court shall require party failing to attend own depositi on to pay “reasonable expenses, including attorney’s fees, caused by the failure”); Ranger Transp., Inc. v. Wal-Mart Stores , 903 F.2d 1185, 1188 (8th Cir. 1990) (per curiam) (standard of review).

Accordingly, we affirm.

_________________________
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-92,572-01

EX PARTE ALVARO ANGEL RODRIGUEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1451265-A IN THE 178TH DISTRICT COURT

FROM HARRIS COUNTY 

Per curiam.

O R D E R

Applicant was convicted of capital murder and sentenced to life imprisonment. The

Fourteenth Court of Appeals affirmed his conviction. Rodriguez v. State, No. 14-17-00613 (Tex.

App. — Houston [14 Dist.] June 1, 2019) (not designated for publication). Applicant filed this th

application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded

it to this Court. See TEX. CODE CRIM. PROC. art. 11.07. 

On October 7, 2020, the trial court entered an order designating issues. The district clerk

properly forwarded this application to this Court under Texas Rule of Appellate Procedure

73.4(b)(5). However, the application was forwarded before the trial court made findings of fact and

conclusions of law. We remand this application to the trial court to complete its evidentiary
investigation and make findings of fact and conclusions of law.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX.R.APP. P. 73.4(b)(4). Any extensions of time must be requested

by the trial court and obtained from this Court. 

Filed: May 5, 2021

Do not publish
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 1009 of the Federal Advisory Committee Act, as amended, 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 material, 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 Institute of Neurological Disorders and Stroke Special Emphasis Panel; NST-3 Member SEP.                    

*Date:*                         February 5, 2024.                    

*Time:*                         5:00 p.m. to 6:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         New Orleans Marriott, 555 Canal St., New Orleans, LA.                    

*Contact Person:*                         Lataisia Cherie Jones, Ph.D., Scientific Review Officer, Scientific Review Branch, Division of Extramural Activities, NINDS/NIH/HHS, NSC, 6001 Executive Blvd., Rockville, MD 20852, 301-496-9223,                         *lataisia.jones@nih.gov*.                    

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS.)

Dated: January 23, 2024.

Lauren A. Fleck,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2024-01588 Filed 1-25-24; 8:45 am]

BILLING CODE 4140-01-P
##### 



Exhibit 31.2
 CERTIFICATION PURSUANT TO 17CFR 240.13a-14(a)
PROMULGATED UNDER SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this annual report on Form 10-K for the fiscal year ended July 31, 2007 of
Commerce Energy Group, 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 officers 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;c)
    
    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;
andd)
    
    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 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 officers 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:
October 29, 2007
    
    By:
    
    /s/ J. Robert HippsJ. Robert HippsInterim Chief Financial Officer(Principal Financial Officer)
|   | (a)    | the quarterly report on Form 10-Q of Immunovative, Inc. for the period ended September 30, 2012 fully complies with the requirements of Section 13(a) or 15(d) of the  Securities Exchange Act of 1934 ; and |
|--------|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                              |
|   | (b)    | information contained in the quarterly report on Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Immunovative, Inc.                                     |

| Date: November 26, 2012 |   |
|-------------------------|--------|
|                    |   |
| /s/ Bruce Harmon        |   |
| Bruce Harmon            |   |
| Chief Financial Officer |   |
|                    |   |
<PAGE>   1
                                                             EXHIBIT 10.2



                   THIRD AMENDMENT TO EMPLOYMENT AGREEMENT


     THIS THIRD AMENDMENT, made as of the 1st day of March, 1997, by and
between MECHANICAL DYNAMICS, INC., a Michigan corporation (the "Company"),
having offices located at 2301 Commonwealth Blvd, Ann Arbor, Michigan 48105,
and ROBERT R. RYAN, of Brighton, Michigan ("Employee"), for the purpose of
amending that certain Employment Agreement between the Company and Employee
dated as of April 1, 1994, and amended as of March 1, 1995, and as of March 1,
1996 (collectively, the "Employment Agreement").

                                 WITNESSETH:

     WHEREAS, the Company and Employee desire to extend the Employment
Agreement and to modify certain provisions thereof and to confirm the same
herein.

     NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants contained herein and in the Employment Agreement, the parties hereto
agree as follows:

     A.    Section 1 of the Employment Agreement is hereby amended in its
entirety to delete the office, obligations and duties of Executive Vice
President of the Company and to substitute therefor the office, obligations and
duties of President of the Company, effective as of February 13, 1997.

     B.    Section 2 of the Employment Agreement is hereby amended to extend
the term of said Agreement through March 31, 1999.

     C.    Section 7 of the Employment Agreement is hereby amended by adding
thereto a new section 7.5 to read as follows:

     "     7.5 Release.  Anything contained in this Section 7 to the contrary 
     notwithstanding, the payment of any sums to Employee under subsections 7.1,
     7.2 or 7.4 hereof, shall be conditioned upon (i) Employee executing and 
     delivering to the Company the Full And Final Release attached hereto as
     Attachment II (the "Release") and (ii) in the event Employee is over forty 
     (40) years of age on the date of execution of the Release, upon Employee
     not exercising his right to revoke said Release after having executed it."
<PAGE>   2
     D.  Except as expressly modified herein, the Employment Agreement shall
remain in full force and effect in accordance with its original terms.

     IN WITNESS WHEREOF, the parties hereto have duly executed this Third
Amendement as of the day and date first above written.


WITNESS:                                            COMPANY
                                           MECHANICAL DYNAMICS, INC.


Leanne K. Chaka                            By:  Michael E. Korybalski
------------------------                       -------------------------
                                                Michael E. Korybalski
                                                Chief Executive Officer


                                                    EMPLOYEE

Leanne K. Chaka                            Robert R. Ryan 5/23/97
-------------------------                  -----------------------------
                                           Robert R. Ryan
                                          




                                     -2-
1

The Honorable E. Richard Webber, United States District Judge for the Eastern

District of Missouri. 

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 06-3135

___________

James Hedman Clark, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Missouri.

Tom A. Mickes, former SSD attorney; *

The Law Firm, formerly known as * [UNPUBLISHED]

Mickes, Tueth, Kenney, Cooper, *

Mohan & Jackstadt; Special School *

District; Francis Howell School *

District, *

*

Appellees. *

___________

Submitted: December 11, 2007

Filed: December 27, 2007

___________

Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

James Hedman Clark appeals the district court’s1

 dismissal of his civil rights

complaint. Upon de novo review, see Reis v. Walker, 491 F.3d 868, 870 (8th Cir.

2007), we agree with the district court that Clark failed to state a claim upon which
-2-

relief could be granted. Accordingly, we affirm. See 8th Cir. R. 47B. We also grant

appellees’ motions to strike, and we deny Clark’s pending motions. 

______________________________
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1631 Introduced in Senate (IS)]

104th CONGRESS
  2d Session
                                S. 1631

To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
    coastwise trade for the vessel EXTREME, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 20, 1996

   Mr. Pell introduced the following bill; which was read twice and 
    referred to the Committee on Commerce Science and Transportation

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
    coastwise trade for the vessel EXTREME, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CERTIFICATE OF DOCUMENTATION.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
U.S.C. App. 883), section 8 of the Act of June 19, 1886 (24 Stat. 81, 
chapter 421; 46 U.S.C. App. 289), and sections 12106 through 12108 of 
title 46, United States Code, the Secretary of Transportation may issue 
a certificate of documentation with appropriate endorsement for 
employment in the coastwise trade for the vessel EXTREME, United States 
official number 1022278.
                                 <all>
```
EXHIBIT 31.2

CERTIFICATION PURSUANT TO RULE 13a-14(a) OR RULE 15d-14(a)

I, C. Patrick Machado, certify that:

1. I have reviewed this
Form 10-K/A of Medivation, Inc.; and

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.

Date: March 24, 2014



|       |  |                                                   
|------ |  | --------------------------------------------------
|       |  | /s/ C. Patrick Machado                            
|Name:  |  | C. Patrick Machado                                
|Title: |  | Chief Business Officer and Chief Financial
Officer
<TABLE> <S> <C>

<ARTICLE>                                         7     
<MULTIPLIER>                                    1,000  
       
<S>                                           <C>
<PERIOD-TYPE>                                  12-MOS
<FISCAL-YEAR-END>                              Dec-31-1998
<PERIOD-START>                                 Jan-01-1998
<PERIOD-END>                                   Dec-31-1998
<DEBT-HELD-FOR-SALE>                           659,752
<DEBT-CARRYING-VALUE>                           30,539
<DEBT-MARKET-VALUE>                             31,786
<EQUITIES>                                      36,358
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 815,877
<CASH>                                          60,319
<RECOVER-REINSURE>                              19,746
<DEFERRED-ACQUISITION>                          24,084
<TOTAL-ASSETS>                               1,528,554
<POLICY-LOSSES>                                878,617
<UNEARNED-PREMIUMS>                            108,495
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                108,477
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     307,923
<TOTAL-LIABILITY-AND-EQUITY>                 1,528,554
<PREMIUMS>                                     229,504
<INVESTMENT-INCOME>                             48,824
<INVESTMENT-GAINS>                                 (3)
<OTHER-INCOME>                                  19,616
<BENEFITS>                                     135,265
<UNDERWRITING-AMORTIZATION>                     61,564
<UNDERWRITING-OTHER>                            23,989
<INCOME-PRETAX>                                 48,584
<INCOME-TAX>                                    15,351
<INCOME-CONTINUING>                             33,233
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                        1,924
<NET-INCOME>                                    35,157
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                 585,647
<PROVISION-CURRENT>                            142,665
<PROVISION-PRIOR>                              (7,400)
<PAYMENTS-CURRENT>                              42,102
<PAYMENTS-PRIOR>                               130,669
<RESERVE-CLOSE>                                639,558
<CUMULATIVE-DEFICIENCY>                          7,400
        


</TABLE>
##### 



COOPER INDUSTRIES, LTD.
 COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES
 Six Months EndedJune 30,
    
    Year Ended December 31,2005
    
    2004
    
    2004
    
    2003
    
    2002
    
    2001
    
    2000Interest Expense
    
    $
    35,500
    
    
    $
    34,300
    
    
    $
    68,100
    
    
    $
    74,100
    
    
    $
    74,500
    
    
    $
    84,700
    
    
    $
    100,300Capitalized Interest
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    1,462
    
    
    
    3,946Estimated Interest Portion of
Rent Expense
    
    
    5,219
    
    
    
    5,617
    
    
    
    11,666
    
    
    
    12,183
    
    
    
    14,679
    
    
    
    13,369
    
    
    
    15,614Fixed Charges
    
    $
    40,719
    
    
    $
    39,917
    
    
    $
    79,766
    
    
    $
    86,283
    
    
    $
    89,179
    
    
    $
    99,531
    
    
    $
    119,860Income From Continuing
Operations Before Income Taxes
    
    $
    235,800
    
    
    $
    202,000
    
    
    $
    428,500
    
    
    $
    346,500
    
    
    $
    280,200
    
    
    $
    316,400
    
    
    $
    549,900Add: Fixed Charges
    
    
    40,719
    
    
    
    39,917
    
    
    
    79,766
    
    
    
    86,283
    
    
    
    89,179
    
    
    
    98,069
    
    
    
    115,914Less: Equity in (Earnings) /
Losses
of Less Than 50% Owned
Companies
    
    
    (612
    )
    
    
    (1,535
    )
    
    
    (2,903
    )
    
    
    (2,534
    )
    
    
    (2,969
    )
    
    
    (2,922
    )
    
    
    (3,367
    )Earnings Before Fixed Charges
    
    $
    275,907
    
    
    $
    240,382
    
    
    $
    505,363
    
    
    $
    430,249
    
    
    $
    366,410
    
    
    $
    411,547
    
    
    $
    662,447Ratio of Earnings to Fixed Charges
    
    
    6.8x
    
    
    
    6.0x
    
    
    
    6.3x
    
    
    
    5.0x
    
    
    
    4.1x
    
    
    
    4.1x
    
    
    
    5.5x