alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Motion Granted and Order filed November 4 , 2013

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 1 3

- 00 979

- CV

____________ IN RE RH WHITE OAK, LLC, BRIAN HARDY, COLIN ZAK, ENTEX PARTNERS, LTD., AND ENTEX MANAGEMENT SERVICES, LLC , Relator s

ORIGINAL PROCEEDING WRIT OF MANDAMUS 125th District Court Harris County, Texas Trial Court Cause No. 2010

- 81470



### O R D E R

On October 31
, 2013 , relator s , RH White Oak, LLC, Brian Hardy, Colin Zak, Entex Partners, Ltd., and Entex Management Services, LLC
, filed a petition 

### for writ
of mandamus in this court

. See Tex. Gov't Code § 22.221. Relator s ask this c ourt
to ord er t he Honorable Kyle Carter , Judge of the 125th District Court
, in Harris County, Texas, to set aside his order dated October 25, 2013 granting sanction s for discovery abuse , entered in t rial court cause number 2010

- 81470 , styled Lone Star
Bank v. RH White Oak, LLC, et al. Relator s claim respondent abused his discretion2

by imposing sanctions against them.

Relator s ha ve also filed a motion for a temporary stay of proceedings below

. See T ex. R. App. P. 52.8(b), 52.10. On October 31 , 2013, relator s asked this court to stay proceedings in th e trial court pending a decision on the petition for writ of
mandamus.
It appears from the facts stated in the petition and motion that relators ’ request for relief requires further consideration and that relator s will be prejudiced unless
immediat e temporary relief is granted. We therefore GRANT relators ’ motion and issue the following order:

We ORDER the commencement of trial on November 5, 2013, at 9:00 a.m., and the enforcement of the October 25, 2013 order granting sanctions for discovery
abu se in trial court cause number 2010

- 81470 , styled Lone Star Bank v. RH White Oak, LLC, et al.
, STAYED until a final decision by this court on relators ’ petition for writ of mandamus, or until further order of this court.

In addition, t he court requests the real part ies in interest , to file a response to the petition for writ of mandamus on or before November 19 , 2013

. See Tex. R. App. P. 52.4.

PER CURIAM

Panel consists of Justices Busby, Donovan, and Wise

.
#### BARRIOS v. STATE.

No. 22896.

Court of Criminal Appeals of Texas.

June 14, 1944.

R. R. Smith, of Jourdanton, and A. R. Troell, of Pleasantor, for appellant.

Ernest S. Goens, State’s Atty., of Austin, for the State.

DAVIDSON, Judge.

Upon his plea of guilty to the offense of murder, appellant was assessed the penalty of life imprisonment in the state penitentiary.

There are no bills of exception. All matters of procedure appear regular.

The judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
Page 1 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 )

DEVELEOPMENT, ) Case No. 6:20-cv-491-ADA

)

Plaintiff, )

v. )

)

ZTE CORPORATION, ZTE (USA), INC., )

AND ZTE (TX), INC., )

)

Defendants. )

APPEARANCE OF COUNSEL

TO: The Clerk of Court and all parties of record:

I am admitted or otherwise authorized to practice in this Court, and I appear in this case as 

counsel for Defendants ZTE Corporation, ZTE (USA), Inc., and ZTE (TX), Inc.

Date: September 25, 2020.

Respectfully submitted,

DUNLAP BENNETT & LUDWIG

/s/ Timothy S. Kittle

Timothy S. Kittle, OBA No. 21979

6660 South Sheridan Road, Suite 250

Tulsa, Oklahoma 74133

(918) 998-9350 – Telephone

(918) 998-9360 – Facsimile

tkittle@dbllawyers.com 

Attorneys for Defendants:

ZTE Corporation

ZTE (USA), Inc.

ZTE (TX), Inc.

Case 6:20-cv-00491-ADA Document 18 Filed 09/25/20 Page 1 of 2
Page 2 of 2

CERTIFICATE OF SERVICE

I hereby certify that on the 25th day of September, 2020, I electronically transmitted the 

attached document to the Clerk of Court using the ECF system for filing and transmittal of Notice 

of Electronic Filing to the following ECF registrants:

James L. Etheridge 

Texas State Bar No. 24059147

Ryan S. Loveless

Texas State Bar No. 24036997

Travis L. Richins

Texas State Bar No. 24061296

ETHERIDGE LAW GROUP, PLLC

2600 East Southlake Boulevard, Suite 120 /324

Southlake, Texas 76092

(817) 470-7259 – Telephone 

(817) 887-5950 – Facsimile

Jim@EtheridgeLaw.com

Ryan@EtheridgeLaw.com

Travis@EtheridgeLaw.com

Attorneys for Plaintiff:

WSOU Investments, LLC 

d/b/a Brazos Licensing and Development

/s/ Timothy S. Kittle

Case 6:20-cv-00491-ADA Document 18 Filed 09/25/20 Page 2 of 2
#### Florence Edelstein et al., Respondents, v David Friedlander et al., Appellants.

In an action to recover damages for libel, the defendants appeal from an order of the Supreme Court, Kings County (Williams, J.), dated December 9, 1988, which denied their motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute.

*501Ordered that the order is affirmed, with costs.

Under the circumstances of this case the trial court properly exercised its discretion in denying the motion to dismiss the complaint for failure to prosecute. The extent of delay was minimal, there existed a justifiable excuse for the delay, and a sufficient affidavit of merit was provided. Moreover, the defendants have failed to allege prejudice and there is no evidence that the plaintiffs intended to abandon the case *(see, Belsky v Lowell,*117 AD2d 575). Thompson, J. P., Brown, Kunzeman and Eiber, JJ., concur.
Electronically Filed

Intermediate Court of Appeals

CAAP-19-0000085

24-FEB-2020

08:11 AM
Exhibit 10.4
  Standard
    Microsystems Corporation
    Plan for Deferred Compensation in Common Stock
    for Outside Directors
  1.
    Purpose    2.
    Definitions    Account
  Basic Retainer
  Beneficiary
  Board of Directors
  Change in Control
  Code
  Committee
  Common Stock
  Corporation
  Director
  Eligible Director
  Market Value
  Participant
  Phantom Share Unit PSU
  Plan
  3.
    Deferral
    Elections  his/her




---



##### 



he/she his/her
    4.
    Accounts    .
      split-up,
  5.
    Payment
    of Account Balances     2




---



##### 



6.
    Designation
    and Change of Beneficiary    7.
    Rights of
    Participants          8.
    Administration     3




---



##### 



9.
    Amendment
    or Termination      10.
    Successor
    Corporation    11.
    Effective
    Date    12.
    Governing
    Law   4
Exhibit 99.2

                           ANNUAL COMPLIANCE REPORT

      I, David J. Kolibachuk, being an officer of U.S. Bank Trust National
Association, the Trustee in respect of the Corporate Backed Trust
Certificates, AIG Debenture-Backed Series 2002-10 Trust (the "Trust"), certify
that:

   1. I have reviewed this annual report on Form 10-K in respect of the Trust
      and all reports on Form 8-K containing distribution or servicing reports
      of the Trust filed by Lehman ABS Corporation in respect of periods
      included in the year covered by this annual report of the Trust;

   2. Based on my knowledge, the information in those reports, taken as a
      whole, 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 as of the last day of the period covered by this annual
      report;

   3. Based on my knowledge, the distribution information required to be
      provided to the Depositor or the certificateholders by the Trustee under
      the pooling and servicing or similar agreement for inclusion in such
      distribution reports is included in such reports; and

   4. I am responsible for reviewing the activities performed by the Trustee
      under the pooling and servicing or similar agreement and based on my
      knowledge, except as disclosed in such reports, the Trustee has
      fulfilled its obligations under that agreement.



Date: March 28, 2005


      /s/ David J. Kolibachuk
------------------------------------
David J. Kolibachuk, Vice President
[Federal Register Volume 65, Number 193 (Wednesday, October 4, 2000)]
[Notices]
[Page 59218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25564]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION


Sunshine Act Meeting

Agency Holding the Meeting: Nuclear Regulatory Commission.

Dates: Weeks of October 2, 9, 16, 23, 30, and November 6, 2000.

Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, 
Maryland.

Status: Public and Closed.

Matters to be Considered:   

Week of October 2

Friday, October 6

9:25 a.m.
    Affirmation Session (Public Meeting) (If needed)
9:30 a.m.
    Meeting with ACRS (Public Meeting) (Contact: John Larkins, 301-415-
7360)
This meeting will be webcast live at the Web address--
www.nrc.gov/live.html

Week of October 9--Tentative

    There are no meetings scheduled for the Week of October 9.

Week of October 16--Tentative

Tuesday, October 17

9:25 a.m.
    Affirmation Session (Public Meeting) (If needed)

Week of October 23--Tentative

Monday, October 23

1:55 p.m.
    Affirmation Session (Public Meeting) (If needed)

Week of October 30--Tentative

    There are no meetings scheduled for the week of October 30.

Week of November 6--Tentative

    There are no meetings scheduled for the Week of November 6.
    The schedule for Commission meetings is subject to change on short 
notice. To verify the status of meetings call (Recording)--)(301) 415-
1292. Contact Person for More Information: Bill Hill (301) 415-1661.
    The NRC Commission Meeting Schedule can be found on the Internet 
at:
    http://www.nrc.gov/SECY/smj/schedule.htm
    This notice is distributed by mail to several hundred subscribers; 
if you no longer wish to receive it, or would like to be added to it, 
please contact the Office of the Secretary, Attn: Operations Branch, 
Washington, D.C. 20555 (301-415-1661). In addition, distribution of 
this meeting notice over the Internet system is available. If you are 
interested in receiving this Commission meeting schedule 
electronically, please send an electronic message to <a href="/cdn-cgi/l/email-protection#98eff5f0d8f6eafbb6fff7ee"><span class="__cf_email__" data-cfemail="71061c19311f03125f161e07">[email protected]</span></a> or 
<a href="/cdn-cgi/l/email-protection#51353a26113f23327f363e27"><span class="__cf_email__" data-cfemail="a4c0cfd3e4cad6c78ac3cbd2">[email protected]</span></a>.

    Dated: September 29, 2000.
William M. Hill, Jr.,
SECY Tracking Officer, Office of the Secretary.
[FR Doc. 00-25564 Filed 10-2-00; 11:36 am]
BILLING CODE 7590-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
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 this annual report on Form 10-KSB of Tennessee Valley Financial
        Holdings, Inc., I, Jason B. Wilkinson, Vice President (principal accounting
        and
        financial officer) of Tennessee Valley Financial Holdings, Inc., certify,
        pursuant to Section 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 this report fairly presents, in all material respects,
        the financial condition and results of operations of Tennessee Valley Financial
        Holdings, Inc.
  
  Date:March
                  30, 2007
              
              /s/
                  Jason B. WilkinsonJason
                  B. WilkinsonVice
                  President (principal accounting and financial officer)
Exhibit 10.5.10

                                                              August 8, 2001

MOVIE STAR, INC.
1115 Broadway
New York, NY 10010


         It is mutually agreed that the Financing Agreement entered into between
us dated April 24, 1996 as amended or supplemented (the "Financing Agreement")
is amended effective June 30, 2001 as follows:

         Section 3.3 is hereby deleted in its entirety and the following is
         substituted in its place and stead:

         "3.3 Should Lender arrange to open Letters of Credit or issue
         guaranties for Borrower's account, Borrower agrees to pay Lender an
         amount equal to 1/4 of 1% of the face amount of such Letters of Credit
         or guaranties, plus an additional 1/8 of 1% upon the earlier to occur
         of (i) the negotiation thereof, or (ii) the expiration thereof, plus
         bank charges.




In all other respects the terms and conditions of the aforesaid agreement, as
the same may have heretofore been amended, shall remain unchanged.

                                                     ROSENTHAL & ROSENTHAL, INC.

                                                     By:  /s/ JERRY SANDAK
                                                        ------------------
                                                     Name: Jerry Sandak
                                                     Title: Sr. Exec. VP



THE FOREGOING IS ACKNOWLEDGED
AND AGREED TO:
MOVIE STAR, INC.

By:  /s/ MELVYN KNIGIN
   --------------------
Name:  Melvyn Knigin
Title:  President & CEO
EXHIBIT
10.16


AMENDMENT NO. 1 TO
      EMPLOYMENT AGREEMENT
  THIS AMENDMENT NO. 1 TO EMPLOYMENT
AGREEMENT, dated as of April 9, 2010 (this “Amendment”), effective as of
May 1, 2009, by and between Mr. David Coriaty, a resident of the State of
Florida (the “Executive”), and Hawk Systems,
Inc., a Delaware corporation(collectively, the “Company”).
  WHEREAS,
reference is hereby made to that certain Employment Agreement (the “Agreement”), dated as of May
1, 2009, by and among the Executive and the Company.
  WHEREAS,
the Executive and the Company wish to amend certain provisions of the Agreement
as set forth herein;
  NOW,
THEREFORE, for and in consideration of the mutual promises and covenants other
agreements contained in this Amendment the Executive and the Company hereby
agree to amend the Agreement as follows:
  1.  Defined
Terms; Conflicting Documents.  All capitalized terms used but
not defined herein shall have the meaning set forth in the
Agreement.  In the event of any conflict between the Agreement and
this Amendment, this Amendment shall prevail and govern.
 
 2.  Amendment
to Section 3(a): Salary. Subsection (a) of Section 3 of the Agreement is
deleted in its entirety and replaced with the following:
 
 “The
Company shall pay the Executive a salary at the annual rate of Five Hundred
Thousand Dollars ($500,000.00) per year or such other annual rate of
compensation as the Board of Directors of the Company may from time to time
determine (“Base Salary”).  The Base Salary due the Executive
hereunder shall be payable in equal monthly installments, less any amounts
required to be withheld by the Company from time to time from such salary under
any applicable federal, state or local income tax laws or similar laws then in
effect.  At any time and from time to time, Executive shall be
entitled to convert any accrued but unpaid salary into shares of the Company’s
common stock, par value $.01 per share (“Common Stock”), at a conversion price
equal to (i) the average closing bid price of the Company’s Common Stock on the
20 trading days immediately prior to such conversion date, or (ii) at such price
as the board of directors of the Company shall determine and approved by the
Executive.”
 
 3.  Acknowledgement.  The
Company and Executive hereby acknowledge that for the fiscal year ended December
31, 2009, Executive’s total Base Salary was Five Hundred Thousand Dollars
($500,000.00).
 
 4.  Ratification.Except as specifically
herein amended and modified, all terms and conditions of the Agreement remain
unchanged and in full force and effect.
 
 
 [Signature Page
Follows]
 
  
 IN
WITNESS WHEREOF, the parties have duly executed this Amendment as of the date
first above written, effective as of May 1, 2009.
 
 
 HAWK SYSTEMS, INC., a Delaware
      corporationDate:
      April 9, 2010
                By:
                /s/ Michael
      DiamantName Michael
      DiamantTitle Chief
      Executive Officer
 
 Date:
      April 9, 2010
                By:
                /s/ David
      CoriatyName David
      Coriaty
**MEMORANDUM**

**DATE:** 08/29 /2014 **FROM:** Laura Farris/EPA Region 8 **TO:** Clean Power Plan for Existing Power Plants; Docket Id: OAR–2013
- 0602 **SUBJECT:** Colorado Rural Electric Association Board Meeting Held on 08/29 /2014 **SUMMARY :**  EPA Region 8 ’s Climate Change Coordinator, Laura Farris, presented information on the proposed Clean Power Plan for E xisting Power Plants at the Colorado Rural Electric Association Board Meeting held on 08/29 /2014
. The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014. **ATTENDEES: EPA**  **Region 8** Laura Farris , R8 Climate Change Coordinator Rebecca Perrin, R8 Agriculture Advisor **Colorado Rural Electric Association Board of Directors** Kent Singer, CREA Executive Director **Member Director**  Delta
- Montrose Electric Association Jim Elder Empire Electric Association John Porter Grand Valley Power Donald McClaskey Gunnison County Electric Association John Vader Highline Electric Association Jim Lueck Holy Cross Energy Megan Gilman Intermountain Rural Electric Association Tim White K.C. Electric Association Danny Mills La Plata Electric Association Jeff Berman Morgan County REA William "Bill" Midcap Mountain Parks Electric, Inc. Jeff Hauck Mount ain View Electric Association Donna Andersen
-Van Ness Poudre Valley REA Jack Schneider San Isabel Electric Association Debbie Rose San Luis Valley REC Eleanor Valdez San Miguel Power Association Dave Alexander Sangre De Cristo Electric Association Donald Kaufman Southeast Colorado Power Association Randy Phillips Tri
- State G&T Robert BledsoeUnited Power Ginny Buczek

White River Electric Association Bill Jordan Y- W Electric Association Stuart Travis Yampa Valley Electric Association Scott McGill **ATTACHMENTS** 111d Presentation for the CREA Meeting
**EXHIBIT 23.1**

 

**Consent ofIndependent Registered Public Accounting Firm**

 

We consent to theincorporation by reference in Registration Statement No. 333-101627 on Form S-8 of our report relating to the financial statements of Center Financial Corporation dated March 30, 2005, November 18, 2005, as to the effects of the restatementdescribed in Note 24 (which expresses an unqualified opinion and includes an explanatory paragraph relating to the restatement described in Note 24), and our report on internal control over financial reporting dated March 30, 2005 (November 18, 2005as to the effects of a material weakness) (which report expresses an unqualified opinion on management’s assessment on the effectiveness of internal control over financial reporting and an adverse opinion on the effectiveness of theCompany’s internal control over financial reporting because of a material weakness), appearing in this Annual Report on Form 10-K/A of Center Financial Corporation for the year ended December 31, 2004. 

 

/s/ DELOITTE & TOUCHE LLP 

Los Angeles, California 

November 18, 2005
Exhibit 99(b)

                         Independent Accountants' Report
                         -------------------------------


The Board of Directors
Household Finance Corporation

We have examined management's assertion that the servicing of home equity loans
owned by Household Home Equity Loan Trust 2002-2 (the loans) has been conducted
by Household Finance Corporation, as Master Servicer, in compliance with the
terms and conditions of the Sale and Servicing Agreement dated June 20, 2002
(the Agreement) for the period of June 20, 2002 to December 31, 2002. Management
is responsible for the assertion. Our responsibility is to express an opinion on
management's assertion about Household Finance Corporation's compliance based on
our examination.

Our examination was conducted in accordance with attestation standards
established by the American Institute of Certified Public Accountants and in
compliance with the audit guide for audits of non-supervised mortgagees approved
by the Department of Housing and Urban Development (to the extent that the
procedures in such audit guide are applicable to the servicing obligations set
forth in the Agreement), accordingly, included examining, on a test basis,
evidence about Household Finance Corporation's compliance with the terms and
conditions of the Agreement and performing such other procedures as we
considered necessary in the circumstances. We believe that our examination
provides a reasonable basis for our opinion.

In our opinion, management's assertion that the servicing of the loans has been
conducted by Household Finance Corporation, as Master Servicer, in compliance
with the terms and conditions of the Sale and Servicing Agreement dated June 20,
2002 for the period of June 20, 2002 to December 31, 2002 is fairly stated, in
all material respects.


                                                  /s/ KPMG LLP
                                                  KPMG LLP

Chicago, Illinois
February 28, 2003
<PAGE>

                              Management Assertion
                              --------------------


For the period of June 20, 2002 to December 31, 2002, the servicing of home
equity loans owned by Household Home Equity Loan Trust 2002-2 has been conducted
by Household Consumer Lending, a division of Household Finance Corporation, in
its capacity as subservicer for Household Finance Corporation, as Master
Servicer, in compliance with the terms and conditions of the Sale and Servicing
Agreement dated June 20, 2002.



/s/ Joe Vozar                                /s/ Jorge Cordon
-------------------------------              -----------------------------------
Joe Vozar                                    Jorge Cordon
Chief Financial Officer-                     Managing Director- Operations-
Household Consumer Lending                   Household Consumer Lending

February 28, 2003                            February 28, 2003
-------------------------------              -----------------------------------
Date                                         Date
|    |                                                                                                 |
|----|-------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Drive Shack 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: April 29, 2020 | By: | /s/ Lawrence A. Goodfield, Jr. |
|                 |   | Lawrence A. Goodfield, Jr.Interim Chief Financial Officer, Chief Accounting Officer and Treasurer |