alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 12

- 50640 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
CRISTIAN GUADALUPE ENRIQUEZ

- FACIO , also known as Cristian Robert Achesen,

Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 2:12

- CR

- 162

- 1

Before REAVLEY, JONES, and PRADO, Circuit Judges. PER CURIAM: *
The attorney appointed to represent Cristian Guadalupe Enriquez

- Facio 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). Enriquez

- Facio h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 June 4, 2014 Lyle W. Cayce Clerk Case: 12-50640 Document: 00512652079 Page: 1 Date Filed: 06/04/2014No. 12

- 50640

therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accor dingly, counsel’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.

2 Case: 12-50640 Document: 00512652079 Page: 2 Date Filed: 06/04/2014
#### Subin Associates, P. C., Appellant, v Bruce Baron, Respondent.

Order, Supreme Court, New York County (Harold Baer, Jr., J.), entered on or about April 12, 1990, unanimously affirmed for the reasons stated by Harold Baer, Jr., J., without costs and without disbursements. Concur—Murphy, P. J., Kupferman, Milonas and Rubin, JJ.
RO 11738 

9443.1993(05) 

United States Environmental Protection Agency 

Washington, D.C. 20460 

Office of Solid Waste and Emergency Response 

April 23, 1993 

MEMORANDUM 

SUBJECT: Interpretation of "Aqueous" as Applied to the 

 Corrosivity Characteristic (40 CFR 261.22) 

TO: Joseph R. Franzmathes, Director 

 Waste Management Division 

FROM: David Bussard, Director 

 Characterization and Assessment Division 

 This memorandum responds to your memorandum to Bruce Diamond 

dated March 11, 1993 requesting clarification of the term "aqueous" 

as it applies to the corrosivity characteristic. Your memorandum 

references a September 1992 "Hotline Questions and Answers" 

publication produced by the RCRA/Superfund Hotline contractors and 

concurred upon by my Division and by OSW. 

 The Hotline publication correctly defines "aqueous," for the 

purposes of the corrosivity characteristic, to mean in a form 

amenable to pH measurement. This interpretation is consistent with 

the supporting documentation found in the background document for 

the corrosivity characteristic final rulemaking (Background 

Document: Section 261.22 - Characteristic of Corrosivity, May 2, 

1980). I have attached the applicable section for your information. 

 A more specific interpretation of "aqueous" for the purpose of 

the corrosivity characteristic may be found in the method 

referenced in the actual regulatory text for the corrosivity 

characteristic at 40 CFR 261.22(a)(1). The regulation states that 

"[the EPA test method for pH is specified as Method 5.2, in "Test 

Methods for the Evaluation "of Solid Waste, Physical/Chemical 

Methods" (see attachment). Method 5.2, pH Electrometric 

Measurement, which was renumbered to Method 9040 specifies under 

scope and application that the method "is used to measure the pH of 
 RO 11738 

aqueous wastes and those wastes where the aqueous phase constitutes 

at least 20% of the total volume of "waste." Therefore, any waste 

for which this method is applicable must contain at least 20% free 

water by volume. This method is also attached for your information. 

 If you or your staff should have any questions regarding this 

memorandum, please call me or have your staff call Al Collins, of 

my staff, at 202-260-4791. 

Attachments
##### 



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 on Form 10-Q of Enesco Group, Inc. (the
Company) for the quarterly period ended June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Thomas
F. Bradley, the Chief Financial 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:  (1)
    
    the Report fully complies with the requirements of section
13(a) and 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 the
operations of the Company. August 9, 2004
    
    By: /s/ Thomas F. BradleyChief Financial Officer
 36
Exhibit 99.1    REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM   Board of Directors The Standard Register Company Dayton, Ohio  We have reviewed the accompanying consolidated balance sheet of The Standard Register Company and subsidiaries as of June 28, 2009, the related consolidated statements of income and comprehensive income for the thirteen and twenty-six week periods ended June 28, 2009 and June 29, 2008, and the related consolidated statement of cash flows for the twenty-six week periods ended June 28, 2009 and June 29, 2008. These financial statements are the responsibility of the Company's management.  We conducted our reviews in accordance with the standards of the Public Company Accounting Oversight Board (United States). A review of interim financial information consists principally of applying analytical procedures to financial data and making inquiries of persons responsible for financial and accounting matters. It is substantially less in scope than an audit conducted in accordance with the standards of the Public Company Accounting Oversight Board, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion.  Based upon our reviews, we are not aware of any material modifications that should be made to the accompanying consolidated financial statements referred to above for them to be in conformity with accounting principles generally accepted in the United States of America.  We have previously audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States), the consolidated balance sheet of The Standard Register Company and subsidiaries as of December 28, 2008, and the related consolidated statements of income and comprehensive income, shareholders equity, and cash flows for the year then ended (not presented herein); and in our report dated March 6, 2009, we expressed an unqualified opinion on those financial statements. In our opinion, the information set forth in the accompanying consolidated balance sheet as of December 28, 2008 is fairly stated, in all material respects.   /S/BATTELLE & BATTELLE LLP   Dayton, Ohio July 29, 2009
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 Annual Report of
Hotel Outsource Management International, Inc. (the “Company”) on Form 10-K/A
for the year ended December 31, 2008 as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), the undersigned, in the capacities
and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
to his 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 operation of the Company.





Date:
            June
      4, 2009
            
            /s/
      Daniel CohenDaniel
      CohenPresidentDate:
            June
      4, 2009
            
            /s/
      Jacob RonnelJacob
      RonnelChief
      Financial Officer





A signed original of this written
statement required by Section 906, or other document authentications,
acknowledging, or otherwise adopting the signature that appears in typed form
within the electronic version of this written statement required by Section 906,
has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon
request.
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

WACOACO DIVISION

WSOU INVESTMENTS LLC

vs.

§

§

§

§

NO: WA:20-CV-00475-ADA

DELL TECHNOLOGIES INC., DELL INC., §

EMC CORPORATION

ORDER SETTING DISCOVERY DISCOVERY HEARING

IT IS HEREBY ORDERED that the above entitled and numbered case is set for

DISCOVERY HEARING by Zoomoom on November 22, 2021 at 09:30 AM.

set

17th day of November, 2021.

Alan D Albright

UNITED STATES DISTRICT JUDGE

Case 6:20-cv-00475-ADA Document 121 Filed 11/17/21 Page 1 of 1
#### OSBORN v. STATE.

No. 26240.

Court of Criminal Appeals of Texas.

Feb. 4, 1953.

Rehearing Denied March 18, 1953.

M. Gabriel Nahas, Jr., and James Royall, Houston, for appellant.

William H. Scott, Crim. Dist. Atty., and King C. Haynie, Asst. Crim. Dist. Atty., Houston, George P. Blackburn, State’s Atty., of Austin, for the State.

WOODLEY, Judge.

The conviction is for misdemeanor embezzlement, the punishment assessed by the ■court, one day in jail and a fine of $25.

The testimony regarding, the employer-employee relationship between appellant and J. W. Parker is the same as in Osborn v. State, Tex.Cr.App., 256 S.W.2d 89.

The evidence shows that appellant ren■dered services to Charles Fry, for which he received $25.

Mrs. Taylor, receptionist and bookkeeper at the clinic, testified that as Fry was paying her the $25 appellant told her not to issue a receipt for it; that appellant took $15 of the $25 and gave her $10 and said “what they don’t know in headquarters won’t hurt;” that she informed Dr. Parker of this occurrence.

Appellant, as a witness in his own behalf, admitted that he used the money in ■question to buy food for his children and believed that he did not get paid what was ■owing to him on the books. He admitted that he said to Mrs. Taylor on the occasion “You take the ten dollars and I will take the fifteen, as we need this more than they do in Dallas.”

The evidence sustains the trial judge’s finding that appellant embezzled more than $5 of the money received from Mr. Fry under his employment contract. Appellant’s testimony, at best, but raised a defensive issue as to his intent, which issue was resolved against him.

No reversible error appearing, the judgment is affirmed.

On Appellant’s Motion for Rehearing

DAVIDSON, Commissioner.

The reasons assigned for overruling the motion for rehearing in Tex.Cr.App., 256 S.W.2d 89, against this appellant, are applicable and controlling here.

For the reasons there assigned, the motion for rehearing is overruled.

Opinion approved by the Court
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS LLC d/b/a 

BRAZOS LICENSNG AND 

DEVELOPMENT,

 Plaintiff,

-vsMICROSOFT CORPORATION,

 Defendant.

§

§

§

§

§

§

§

§

§

CASE NO. 6:20-CV-00454-ADA

CASE NO. 6:20-CV-00461-ADA

CASE NO. 6:20-CV-00465-ADA

ORDER SETTING VOIR DIRE AND PRE-VOIR DIRE CONFERENCE

This matter is before the Court on its own Motion. Accordingly, IT IS HEREBY 

ORDERED that the above entitled and numbered case is set for a Video Conference to discuss 

voir dire protocol with the Honorable Judge Jeffrey C. Manske at 1:30 p.m., Thursday, June

16, 2022. The conference will be conducted by video at https://txwduscourts.zoomgov.com/j/1611260782?pwd=SXhoWHAvUWxTWW5JUy8vbWU1N1dsZz09

and will be attended by at least one counsel for each party having appeared as of the date of this 

Order.

IT IS FURTHER ORDERED that voir dire is set before the undersigned for 9:00 a.m., 

Tuesday, June 21, 2022 in District Courtroom #1, on the Third Floor of the United States 

Courthouse, 800 Franklin Ave., Waco, TX.

SIGNED this 7th day of June, 2022.

JEFFREY C. MANSKE

UNITED STATES MAGISTRATE JUDGE

Case 6:20-cv-00465-ADA Document 162 Filed 06/07/22 Page 1 of 1
1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

KIRK JOHNSTON, §

§

Plaintiff, §

§

v. § 1:20-CV-497-RP

§

CHAD KROEGER, MICHAEL KROEGER, §

RYAN PEAKE, DANIEL ADAIR, §

ROADRUNNER RECORDS, INC., §

WARNER/CHAPPELL MUSIC INC., and §

LIVE NATION ENTERTAINMENT, INC., §

§

Defendants. §

ORDER

Before the Court is the report and recommendation of United States Magistrate Judge Susan 

Hightower concerning Defendants Chad Kroeger, Michael Kroeger, Ryan Peake, Daniel Adair, 

Roadrunner Records, Inc., and Warner Chappell Music, Inc.’s Motion to Dismiss, (Dkt. 17),

Defendant Live Nation Entertainment, Inc.’s Motion to Dismiss, (Dkt. 18), Plaintiff’s request for 

leave to amend, (Dkt. 21), and all related briefing. (R. & R., Dkt. 27). In her report and 

recommendation, Judge Hightower recommended denying Defendants Chad Kroeger, Michael 

Kroeger, Ryan Peake, Daniel Adair, Roadrunner Records, Inc., and Warner Chappell Music, Inc.’s 

Motion to Dismiss, (Dkt. 17), granting Defendant Live Nation Entertainment, Inc.’s Motion to 

Dismiss Plaintiff’s Complaint Pursuant to FRPC 12(b)(6) (Dkt. 18), and denying Plaintiff’s request 

for leave to amend, (Dkt. 21). (Id. at 10). Defendants Chad Kroeger, Michael Kroeger, Ryan Peake, 

Daniel Adair, Roadrunner Records, Inc., and Warner Chappell Music, Inc. (“Nickelback 

Defendants”) filed objections to the report and recommendation. (Objs., Dkt. 28).

A party may serve and file specific, written objections to a magistrate judge’s findings and 

recommendations within fourteen days after being served with a copy of the report and 

Case 1:20-cv-00497-RP Document 29 Filed 08/26/21 Page 1 of 2
2

recommendation and, in doing so, secure de novo review by the district court. 28 U.S.C. 

§ 636(b)(1)(C). Because the Nickelback Defendants timely objected to the report and

recommendation, the Court reviews the report and recommendation de novo. Having done so, the 

Court overrules the Nickelback Defendants’ objections and adopts the report and recommendation 

as its own order.

Accordingly, the Court ORDERS that the report and recommendation of United States 

Magistrate Judge Susan Hightower, (Dkt. 27), is ADOPTED.

IT IS ORDERED that Defendant Live Nation Entertainment, Inc.’s Motion to Dismiss,

(Dkt. 18), is GRANTED. All claims against Defendant Live Nation Entertainment are dismissed 

with prejudice. 

IT IS FURTHER ORDERED that the Nickelback Defendants’ Motion to Dismiss, (Dkt. 

17), is DENIED.

IT IS FINALLY ORDERED that Plaintiffs’ request for leave to amend, (Dkt. 21, at 5, 

14–15), is DENIED.

SIGNED on August 26, 2021.

ROBERT PITMAN

UNITED STATES DISTRICT JUDGE

Case 1:20-cv-00497-RP Document 29 Filed 08/26/21 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS, LLC D/B/A

BRAZOS LICENSING AND 

DEVELOPMENT,

Plaintiff,

v.

MICROSOFT CORPORATION,

Defendant.

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

CIVIL ACTION 6:20-CV-00454-ADA 

CIVIL ACTION 6:20-CV-00455-ADA

CIVIL ACTION 6:20-CV-00456-ADA

CIVIL ACTION 6:20-CV-00457-ADA

CIVIL ACTION 6:20-CV-00458-ADA

CIVIL ACTION 6:20-CV-00459-ADA

CIVIL ACTION 6:20-CV-00460-ADA

CIVIL ACTION 6:20-CV-00461-ADA

CIVIL ACTION 6:20-CV-00462-ADA

CIVIL ACTION 6:20-CV-00463-ADA

CIVIL ACTION 6:20-CV-00464-ADA

CIVIL ACTION 6:20-CV-00465-ADA

JURY TRIAL DEMANDED

[PROPOSED] ORDER GRANTING JOINT MOTION TO RESET PRETRIAL 

CONFERENCE AND TRIAL DATES

The Court, having considered the Joint Motion to Reset Pretrial Conference and Trial 

Dates, hereby ORDERS that the motion is GRANTED.

The final pretrial conference for cases 6:20-CV-00455, -457, -459, and -463 is reset to

March 17, 2022, and trial in cases 6:20-CV-00455, -457, -459, and -463 is reset to April 5, 2022.

The final pretrial conference for the remaining cases is reset to April 4, 2022, and trial for the 

remaining cases is reset to April 18, 2022.

SIGNED this _________ day of _________________ 2021.

___________________________________

HONORABLE ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

Case 6:20-cv-00454-ADA Document 92-1 Filed 09/15/21 Page 1 of 1
---

EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICERPURSUANT
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 of Sterling Group
Ventures, Inc. (the Company) on Form 10-KSB for the year ended May 31, 2006,
as filed with the Securities and Exchange Commission on the date hereof (the
Periodic Report), Raoul Tsakok, as Chief Executive Officer of the Company,
certifies, 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 his knowledge, that:

|1. | the Periodic 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 Periodic Report fairly
      presents, in all material respects, the financial condition and results of
      operations of the Company.

| | By: | /s/ Raoul Tsakok     
| | --- | ---------------------
| |     | Raoul Tsakok         
| |     | Chairman & CEO       
| |     |                      
| |     | Date: August 17, 2006

---
JENNIFER HILL, ON BEHALF 

OF HERSELF AND ALL 

OTHER PERSONS SIMILARLY 

SITUATED,

Appellant,

v.

THE HOOVER COMPANY, A 

FOREIGN CORPORATION 

DOING BUSINESS IN 

ALACHUA COUNTY, 

FLORIDA, AND HOOVER 

COMPANY, I, A FOREIGN 

CORPORATION DOING 

BUSINESS IN ALACHUA 

COUNTY, FLORIDA,

Appellees.

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. 1D14-0539

_____________________________/

Opinion filed November 6, 2014.

An appeal from the Circuit Court for Alachua County.

Toby S. Monaco, Judge.

Paul S. Rothstein, Gainesville, for Appellant.

James Andrew Bertron, Jr., Tallahassee; Keith Hutto, Rachel M. Flynn, and Chris 

Genovese, Columbia, SC, for Appellees.
PER CURIAM.

AFFIRMED.

ROBERTS, MARSTILLER, and SWANSON, JJ., CONCUR.

2
Dolan Chemical Laboratory 4001 Bixby Road Groveport, OH 43125 T: 614-836-4221, Audinet 210-4221 F: 614-836-4168, Audinet 210-4168 http://aepenv/labs 

### Water Analysis Form REP-703 Rev. 1, 11/2013



### Location: Amos Plant Report Date: 6/30/2014 Sample Number: 142256-001 Date Collected:06/24/2014 08:53 Date Received:6/24/2014 

### WWTP Inlet Units Parameter Result RL Analysis By Analysis Date/Time Method MDL Data Qual ng/L Mercury, Hg 168000 10000 TLT EPA 1631E-2002 4000 06/25/2014 

### Sample Number: 142256-002 Date Collected:06/24/2014 08:42 Date Received:6/24/2014 

### Primary Clarifier Outlet A Units Parameter Result RL Analysis By Analysis Date/Time Method MDL Data Qual ng/L Mercury, Hg 208 20 TLT EPA 1631E-2002 8 06/27/2014 

### Sample Number: 142256-003 Date Collected:06/24/2014 08:40 Date Received:6/24/2014 

### Primary Clarifier Outlet B Units Parameter Result RL Analysis By Analysis Date/Time Method MDL Data Qual ng/L Mercury, Hg 194 20 TLT EPA 1631E-2002 8 06/27/2014 

### Sample Number: 142256-004 Date Collected:06/24/2014 08:29 Date Received:6/24/2014 

### Secondary Clarifier Outlet A Units Parameter Result RL Analysis By Analysis Date/Time Method MDL Data Qual ng/L Mercury, Hg 39.0 5 TLT EPA 1631E-2002 2 06/27/2014 

### Sample Number: 142256-005 Date Collected:06/24/2014 08:33 Date Received:6/24/2014 

## Secondary Clarifier Outlet B Units Parameter Result RL Analysis By Analysis Date/Time Method MDL Data Qual ng/L Mercury, Hg 44.0 5 TLT EPA 1631E-2002 2 06/27/2014 

### Sample Number: 142256-006 Date Collected:06/24/2014 08:36 Date Received:6/24/2014 

### WWTP Outlet Units Parameter Result RL Analysis By Analysis Date/Time Method MDL Data Qual ng/L Mercury, Hg 38.2 5 TLT EPA 1631E-2002 2 06/25/2014 

### Sample Number: 142256-007 Date Collected:06/24/2014 08:11 Date Received:6/24/2014 

## FGD Landfill Discharge to Pond Units Parameter Result RL Analysis By Analysis Date/Time Method MDL Data Qual ng/L Mercury, Hg 51.2 10 TLT EPA 1631E-2002 4 06/27/2014 Amos Plant, 142256 Page 1 of 2

### Location: Amos Plant Report Date: 6/30/2014 Sample Number: 142256-008 Date Collected:06/24/2014 08:11 Date Received:6/24/2014 

### Recirculation Pond Outlet at Weir Units Parameter Result RL Analysis By Analysis Date/Time Method MDL Data Qual ng/L Mercury, Hg 1.8 1 TLT EPA 1631E-2002 0.4 06/25/2014 

### Sample Number: 142256-009 Date Collected:06/24/2014 08:16 Date Received:6/24/2014 

### Clearwater Pond at Weir Units Parameter Result RL Analysis By Analysis Date/Time Method MDL Data Qual ng/L Mercury, Hg 4.9 2 TLT EPA 1631E-2002 0.8 06/25/2014

THIS TEST REPORT RELATES ONLY TO THE ITEMS TESTED AND SHALL NOT BE REPRODUCED EXCEPT IN FULL WITHOUT WRITTEN APPROVAL OF THE LABORATORY. ALL TEST RESULTS MEET ALL OF THE REQUIREMENTS OF THE ACCREDITING AUTHORITY, UNLESS OTHERWISE NOTED. U: Analyte was analyzed and not detected at or above adjusted Method Detection Limit J: Analyte was positively identified, though the quantitation was below Reporting Limit. Brian Snyder, Chemist II Email bssnyder@aep.com Tel. 614-836-4224 Fax 614-836-4168 Audinet 210-4224

Amos Plant, 142256 Page 2 of 2