alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Sherry Bowles, Respondent, v Steve Goldgeli, Defendant, and Robert Kuck et al., Appellants.

In an action to recover damages for personal injuries, the defendants Robert and Mary Kuck appeal from an order of the Supreme Court, Queens County (LeVine, *J.), entered June 26, 1989, which vacated a prior order of the same court, dated February 17, 1989, granting their motion to dismiss the complaint insofar as it is asserted against them for failure to comply with a preliminary conference order, upon the plaintiffs default in opposing that motion.

Ordered that the order is affirmed, with costs.

On or about April 21, 1987, the appellants served separate demands for a bill of particulars and a deposition upon oral examination, as well as a notice for discovery and inspection. On or about November 17, 1987, the appellants requested a response from the plaintiff and, on April 18, 1988, the court issued a preliminary conference order directing the manner in which the parties were to comply with the discovery demands. On November 11, 1988, the appellants moved for dismissal of the complaint on the ground that the plaintiff had not complied. The plaintiff filed no opposition papers. On November 15, 1988, a conference was convened by the court’s law secretary, and held in chambers. There, it was stated and agreed that discovery would be completed by January 30, 1989, and that, if the plaintiff failed to comply by that date, the motion to dismiss would be entertained.

By December 16, 1988, the plaintiff responded to the discovery demands but on January 12, 1989, the appellants complained by letter that the discovery materials were inadequate. Additional materials were supplied on January 30, 1989. On that date, the scheduled conference was adjourned, with the appellants’ consent, until March 14, 1989. Meanwhile, on February 14, 1989, the motion made in November 1988 was granted "without opposition”.

The court, on the plaintiffs motion, vacated this order "in the interests of justice”. We agree with the plaintiff that the court acted properly in so doing. We note that the court maintains an inherent power "to relieve [a party] from judgments taken through 'mistake, inadvertence, surprise or excusable neglect’ ” *(Ladd v Stevenson,*112 NY 325, 332; 5 Weinstein-Korn-Miller, NY Civ Prac ¶ 5015.12). Moreover, contrary to the appellants’ contention, the verified complaint and verified bill of particulars served the purpose of an affidavit of merit *(see, Saleh v Paratore,*60 NY2d 851, 853; *499
      *Leogrande v Glass,*106 AD2d 431, 433; *cf., Onorio v Miller,*143 AD2d 80).

We have examined the appellants’ remaining contentions and find them to be without merit. Mangano, P. J., Kunzeman, Kooper, Sullivan and Ritter, JJ., concur.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-16-00579-CR

Chad Alan Cappiello a/k/a Chad Russell, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT

NO. 71641, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Chad Alan Cappiello seeks to appeal from an order of deferred adjudication

for theft. See Tex. Penal Code § 31.03. The trial court has certified that (1) this is a plea-bargain

case and Cappiello has no right of appeal, and (2) Cappiello has waived the right of appeal.

Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d).

__________________________________________

Scott K. Field, Justice

Before Justices Puryear, Pemberton, and Field

Dismissed for Want of Jurisdiction

Filed: October 11, 2016

Do Not Publish
<PAGE>

                                                                   Exhibit 10.1

                      Consent of Independent Accountants

  We hereby consent to the incorporation by reference in the Registration
Statement on Form F-3 (No. 333-8264) of Nippon Telegraph and Telephone
Corporation of our report dated September 14, 2001, relating to the financial
statements and financial statement schedules of Nippon Telegraph and Telephone
Corporation, which appears on page F-2 of this Form 20-F.

/s/ PricewaterhouseCoopers

Tokyo, Japan
September 14, 2001
**Exhibit32.2**

**Certificationof Chief Financial Officer**

**Pursuantto Section 906 of the Sarbanes-Oxley Act Of 2002**

**(18 U.S.C. § 1350)**

In connection withthe quarterly report of Southwest Water Company (the “Company”) on Form 10-Qfor the period ended June 30, 2007 (the “Report”), I, Cheryl L. Clary, ChiefFinancial Officer of the Company, certify, pursuant to Section 906 of theSarbanes-Oxley Act of 2002 (18 U.S.C. §1350), that:

1)              to my knowledge, theReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

2)              the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.
| Dated: August 9, 2007 | /s/ Cheryl L.  Clary    |
|-----------------------|-------------------------|
|                  | Cheryl L. Clary         |
|                  | Chief Financial Officer |

 

----
IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

AUSTiN DIVISION 2020 SEP 29 Pfl i2 25 

SHELIA COLLINS OWENS, M.D., 

PLAINTIFF, 

V. 

TEXAS DEPARTMENT OF FAMILY 

AND PROTECTIVE SERVICES; MS. 

JAMIE MASTERS, EXECUTIVE 

DIRECTOR OF ADULT PROTECTIVE 

SERVICES iN BOTHER HER OFFICTAL 

AND INDIVIDUAL CAPACITIES; AND 

MS. LYDIA BIAS, SUPERVISOR, 

INDIVIDUALLY; AND AISHA ROSS, 

DEFENDANTS 

I 

I 

I) 1 0 3 

CAUSE NO. 1 :20-CV-367-LY 

Before the court are Defendant Aisha Ross's Motion to Dismiss All Claims Against Her filed 

June 3, 2020 (Doe. #8) and Texas Department of Family and Protective Services Motion to Dismiss 

filed September 14, 2020 (Doe. #11). Also before the court is Plaintiffs Unopposed Motion for 

Leave to File First Amended Complaint filed September 28, 2020 (Doe. #12). Plaintiffs First 

Amended Complaint is attached as an exhibit to the motion for leave to file (Doe. #12-2). Because 

the motion for leave to file is unopposed, 

IT IS ORDERED that Plaintiffs Unopposed Motion for Leave to File First Amended 

Complaint filed September 28, 2020 (Doe. #12) is GRANTED. The clerk is instructed to file 

Plaintiffs First Amended Complaint, attached to Plaintiffs motion for leave, in the record in this 

cause. 

Case 1:20-cv-00367-LY Document 14 Filed 09/29/20 Page 1 of 2
In light of the filing of Plaintiffs First Amended Complaint, 

IT IS FURTHER ORDERED that Defendant Aisha Ross's Motion to Dismiss All Claims 

Against Her filed June 3, 2020 (Doc. #8) and Texas Department of Family and Protective Services 

Motion to Dismiss filed September 14, 2020 (Doc. #11) are DISMISSED WITHOUT 

PREJUDICE. 

SIGNED this day of September, 2020. 

UNI ED STATES 

2 

Case 1:20-cv-00367-LY Document 14 Filed 09/29/20 Page 2 of 2
I 

112TH CONGRESS 

2D SESSION H. R. 5072 

To suspend temporarily the duty on 1,3-Isobenzofurandione, 5,5’-sulfonylbis- 

, polymer with 4,4’-methylenebis[2,6-dimethylbenzenamine]. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2012 

Mr. FRELINGHUYSEN introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on 1,3-Isobenzofurandione, 

5,5’-sulfonylbis-, polymer with 4,4’-methylenebis[2,6- 

dimethylbenzenamine]. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. 1,3-ISOBENZOFURANDIONE, 5,5’-SULFONYLBIS-, 

4 POLYMER WITH 4,4’-METHYLENEBIS[2,6- 

5 DIMETHYLBENZENAMINE]. 

6 (a) IN GENERAL.—Subchapter II of chapter 99 of 

7 the Harmonized Tariff Schedule of the United States is 

8 amended by inserting in numerical sequence the following 

9 new heading: 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•HR 5072 IH

‘‘ 9902.01.00 1,3-Isobenzofurandione, 

5,5’-sulfonyl bis-, polymer 

with 4,4’-methylenebis [2,6- 

dimethylbenzenamine] (CAS 

No. 182681–50–1) (provided for in subheading 

3911.90.90) ......................... Free No change No change On or before 

12/31/2015 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
UNION PACIFIC RAILROAD COMPANY AND CONSOLIDATED SUBSIDIARY COMPANIES
FINANCIAL DATA SCHEDULE
FOR THE THREE MONTHS ENDED MARCH 31, 1998
(IN MILLIONS, EXCEPT FOR PER SHARE AMOUNTS)
(UNAUDITED)
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                              48
<SECURITIES>                                         0
<RECEIVABLES>                                      390
<ALLOWANCES>                                         0
<INVENTORY>                                        301
<CURRENT-ASSETS>                                   932
<PP&E>                                           31108
<DEPRECIATION>                                    5365   
<TOTAL-ASSETS>                                   27479    
<CURRENT-LIABILITIES>                             2382   
<BONDS>                                           2415   
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         29
<COMMON>                                             0
<OTHER-SE>                                        8750   
<TOTAL-LIABILITY-AND-EQUITY>                     27479    
<SALES>                                              0
<TOTAL-REVENUES>                                  2284   
<CGS>                                                0
<TOTAL-COSTS>                                     2231   
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 135  
<INCOME-PRETAX>                                     63 
<INCOME-TAX>                                        31 
<INCOME-CONTINUING>                                 32
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        32 
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
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 Transportation

###### Coast Guard

          - 33 CFR Part 117
          - [GGD07-00-092]

# AGENCY:

Coast Guard, DOT.

# ACTION:

Notice of temporary deviation from regulations. 

# SUMMARY:

The Commander, Seventh Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the CSX Railroad Drawbridge across the South Fork of the New River, mile 2.8, Ft. Lauderdale, Broward County, Florida. This deviation allows  the drawbridge owner not to open for vessel traffic. This temporary deviation is required October 7, 2000 from 6:00 a.m. until 12:00 p.m., to allow the bridge owner to safely complete repairs to the drawbridge.

# DATES:

This deviation is effective on October 7, 2000, from 6:00 a.m. until 12:00 p.m.

# FOR FURTHER INFORMATION CONTACT:

Mr. Barry Dragon, Chief, Operations Section, Seventh Coast Guard District, Bridge Section at (305) 415-6743.

# SUPPLEMENTARY INFORMATION:

The CSX Railroad Drawbridge across the South Fork of the New River at Ft. Lauderdale, has a vertical clearance of 2 feet above mean high water (MHW) measured at the fenders in the closed position. On July 11, 2000 the owner, requested a deviation from the current operating regulation in 33 CFR 117.5 which requires the drawbridge to open promptly and fully when a request to open is given. This temporary deviation was requested to allow necessary repairs to the drawbridge in a critical time sensitive manner.

The District Commander has granted a temporary deviation from the operating requirements listed in 33 CFR 117.5 for the purpose of repair completion of the drawbridge. Under this deviation, the CSX Railroad Drawbridge (South Fork of the New River) need not open. The deviation is effective on October 7, 2000 from 6:00 a.m. until 11:59 p.m.

Dated: September 22, 2000.

G.E. Shapley,

Chief, Bridge Administration, Seventh Coast Guard District.

[FR Doc. 00-25486 Filed 10-3-00; 8:45 am]

BILLING CODE 4910-15-M
#### YARBROUGH v. STATE.

No. 26711.

Court of Criminal Appeals of Texas.

Jan. 13, 1954.

E. D. Garrison, R. J. Balch, Seymour, for appellant.

Wesley Dice, State’s Atty., Austin, for the State.

*558WOODLEY, Judge.

Transporting' whisky in a dry area is the offense, a fine of $200 the punishment.

Proof was made that Knox County, where the trial was held, was a dry area, hut we have searched the statement of facts certified as a transcript of all of the evidence admitted at the trial and fail to find where the state proved that the place “on the Rhineland-iMunday road” where appellant was transporting the five pints of whisky found in his car was within such dry area.

Under authority of Sims v. State, Tex.Cr.App. 247 S.W.2d 1022 and Teal v. State, Tex.Cr.App., 263 S.W.2d 260, the conviction cannot stand.

The judgment is reversed and the cause remanded.
Exhibit 32.1




Certification of the President


And Treasurer


Pursuant to 18 U.S.C. Section 1350





In connection with the filing of the Annual Report on Form 10-K for the fiscal year ended December 31, 2009 (the “Report”) by ForgeHouse, Inc. (“Registrant”), the undersigned hereby certifies that, to the best of his knowledge:





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/ CHRISTIAN NEGRIChristian NegriPresident and Treasurer





Date:  May 14, 2010





A signed original of this written statement required by 18 U.S.C. Section 1350 has been provided to ForgeHouse, Inc., and will be retained by ForgeHouse, Inc, and furnished to the Securities and Exchange Commission or its staff upon request.








1
Office of Ground Water and Drinking Water

April 2, 2013

Memorandum

Subject : Basis for Expedited Approval of Fast Phage for the determination of somatic and male specific coliphages under the Ground Water Rule

From: James L. Sinclair, Microbiologist

To: The Record

The Ground Water Rule (GWR) was proposed in May 2000 (67 FR 65888) and promulgated in 2006 (71 FR 65574). One of the methods approved for use under the GWR for detection of coliphages is EPA Method 1601.

After the GWR was promulgated an additi onal method for coliphage detection under the GWR was evaluated through the Alternative Test Procedures (ATP) program. This method was Fast Phage which was developed by Charm Sciences. The ATP evaluation compared Fast Phage to EPA Method 1601 and to perf ormance criteria developed when EPA Method 1601 was validated. This evaluation determined that Fast Phage gave acceptable results for detection of both male specific and somatic coliphages. Since Fast Phage has been found to give equivalent results to EP A Method 1601, which is approved under the GWR, Fast Phage would give equivalent results for male specific and somatic coliphage determination under the GWR.
1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

HARMONY HAUS WESTLAKE, L.L.C., §

et al., §

§

Plaintiffs and Counter-Defendants, §

§

v. § CIVIL NO. 1-20-CV-486-XR

§

PARKSTONE PROPERTY OWNERS §

ASSOCIATION, INC., §

§

 Defendant and Counter-Plaintiff. §

NOTICE OF PROPOSED SCHEDULING ORDER

Parkstone Property Owners Association, Inc. files this Notice of Proposed Scheduling 

Order and in support thereof would respectfully show the following:

The Court ordered the Parties to submit a proposed scheduling order. The parties were able 

to mutually agree on most of the scheduling dates except for one or two issues. The remaining 

areas in dispute are set forth with a brief description on the jointly submitted scheduling order 

attached to this Notice. 

WHEREFORE, the parties pray the Court enter a new scheduling order in this matter and 

for such other and further relief, either at law or in equity, to which the parties may be justly 

entitled.

Case 1:20-cv-00486-XR Document 55 Filed 10/22/21 Page 1 of 2
2

 Respectfully submitted,

NIEMANN & HEYER, LLP

Westgate Building, Suite 313

1122 Colorado Street

Austin, Texas 78701

Telephone: (512) 474-6901

Fax: (512) 474-0717

/s/ Eric J. Hansum 

Eric J. Hansum, Of Counsel

Texas State Bar No.: 24027225

erichansum@niemannlaw.com

ATTORNEYS FOR THE 

PARKSTONE PROPERTY

OWNERS ASSOCIATION, INC.

CERTIFICATE OF CONFERENCE

I certify that I conferred with counsel for Plaintiffs on this Notice. 

/s/ Eric J. Hansum

Eric J. Hansum

CERTIFICATE OF SERVICE

By my signature below, I hereby certify that on this 22nd day of October 2021, I electronically 

filed this document with the Clerk of the Court by using the CM/ECF System, which will send a 

notice of electronic filing to all counsel of record as follows:

ATTORNEY FOR PLAINTIFFS

Mark Whitburn

Whitburn & Pevsner, PLLC

2000 E. Lamar Blvd., Suite 600

Arlington, Texas 76006

(817) 653-4547

mwhitburn@whitburnpevsner.com

/s/ Eric J. Hansum

Eric J. Hansum

Case 1:20-cv-00486-XR Document 55 Filed 10/22/21 Page 2 of 2
CERTIFICATIONS PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002





I, Robert Card, Chief Executive Officer of Jet Gold Corp. (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.

This Annual Report on Form 20-F of the Company for the period ended August 31, 2006, as filed with the Securities and Exchange Commission (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.





Date: April 17, 2008





/s/  Robert Card

Robert Card,

President and Chief Executive Officer













#
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 Annual Report on Form 10-K of ElderTrust Operating Limited
Partnership (the Partnership) for the year ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard A. Schweinhart, Chief Financial Officer of ElderTrust,
the General Partner of the Partnership, 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 Partnership.

Date: March 30, 2009



|                                                                                                      
|------------------------------------------------------------------------------------------------------
|/s/ Richard A. Schweinhart                                                                            
|Richard A. Schweinhart                                                                                
|Chief Financial Officer of ElderTrust, the General Partner of ElderTrust Operating Limited Partnership

A signed original of this written statement required by Section 906 has been provided to the
Partnership and will be

retained by the Partnership and furnished to the Securities and Exchange Commission or its staff upon request.