alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Unopposed Motion for Withdrawal Page | 1

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. 

DELL TECHNOLOGIES INC., ET 

AL.,

Defendants.

§

§

§

§

§

§

§

§

§

§

§

§

CIVIL ACTION 6:20-cv-00473-ADA

CIVIL ACTION 6:20-cv-00474-ADA

CIVIL ACTION 6:20-cv-00475-ADA

CIVIL ACTION 6:20-cv-00476-ADA

CIVIL ACTION 6:20-cv-00477-ADA

CIVIL ACTION 6:20-cv-00478-ADA

CIVIL ACTION 6:20-cv-00479-ADA

CIVIL ACTION 6:20-cv-00480-ADA

CIVIL ACTION 6:20-cv-00481-ADA

CIVIL ACTION 6:20-cv-00482-ADA

CIVIL ACTION 6:20-cv-00485-ADA

CIVIL ACTION 6:20-cv-00486-ADA

UNOPPOSED MOTION FOR WITHDRAWAL OF 

ATTORNEYS FROM CASE

TO THE HONORABLE COURT:

Counsel for Plaintiff WSOU Investments, LLC (“WSOU”), James L. Etheridge, Ryan S. 

Loveless, Travis L. Richins, Brett A. Mangrum, Jeffrey Huang, and Brian M. Koide, and their firm 

Etheridge Law Group, PPLC, hereby move to withdraw as counsel of record for Plaintiff.

Attorneys with the law firms of Kasowitz Benson Torres, LLP and Steckler Wayne 

Cochran Cherry will remain as counsel of record for Plaintiff.

This withdrawal will not cause a continuance or delay and will not prejudice WSOU or any 

other party to this action.

Defense counsel is not opposed to this motion. Accordingly, Plaintiff respectfully requests 

the Court enter an order reflecting this withdrawal and that all necessary changes be made to the 

Court’s records and ECF.

Case 6:20-cv-00485-ADA Document 155 Filed 01/17/22 Page 1 of 3
Unopposed Motion for Withdrawal Page | 2

DATED: January 17, 2022 Respectfully submitted,

/s/ James L. Etheridge

James L. Etheridge

Texas State Bar No. 24059147

Ryan S. Loveless

Texas State Bar No. 24036997

Travis L. Richins

Texas State Bar No. 24061296

Brett A. Mangrum

Texas State Bar No. 24065671

Jeffrey Huang

Brian M. Koide

ETHERIDGE LAW GROUP, PLLC

2600 E. Southlake Blvd., Suite 120 / 324

Southlake, Texas 76092

Telephone: (817) 470-7249

Facsimile: (817) 887-5950

Jim@EtheridgeLaw.com

Ryan@EtheridgeLaw.com

Travis@EtheridgeLaw.com

Brett@EtheridgeLaw.com

JeffH@EtheridgeLaw.com

Brian@EtheridgeLaw.com

Counsel for Plaintiff WSOU Investments, LLC

CERTIFICATE OF CONFERENCE

I hereby certify that on January 16, 2022, I, James Etheridge, conferred with Defendant 

regarding Etheridge Law Group’s withdrawal from the case. Defendants are unopposed to this 

motion.

/s/ James L. Etheridge

James L. Etheridge

Case 6:20-cv-00485-ADA Document 155 Filed 01/17/22 Page 2 of 3
Unopposed Motion for Withdrawal Page | 3

CERTIFICATE OF SERVICE

I hereby certify that on January 17, 2022, I electronically filed the foregoing using the 

Court’s Case Management and Electronic Case Filing system, which will send notification of 

such filing to counsel of record as registered in the Court’s system. 

/s/ James L. Etheridge 

James L. Etheridge

Case 6:20-cv-00485-ADA Document 155 Filed 01/17/22 Page 3 of 3
Certification of Chief 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 Annual Report of Nevada Geothermal Power Inc., a company organized under the British Columbia Company Act (the "Company") on Form 20-F as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Jack W. Mulligan, Chief Financial Officer of the Company, certifies, pursuant to 18 U.S.C. (S) 1350, as adopted pursuant to (S) 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 result of operations

of the Company.



/s/ Jack W. Milligan_____________________

Jack W. Milligan, Chief Financial Officer





Date: January 15, 2005





#
Exhibit 32.2



CFO CERTIFICATION



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 USC §1350, as adopted), Jeanne Seeley, the Chief Financial Officer of PalmSource,
Inc. (the Company), hereby certifies that, to the best of her knowledge:



1.The Companys Annual Report on Form 10-K/A for the period ended June 3, 2005, and to which this Certification is attached as Exhibit 32.2 fully complies with the requirements of section 13(a) or section 15(d) of the
Securities Exchange Act of 1934, and



2.The information contained in
the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company for the periods presented therein.



IN WITNESS WHEREOF, the undersigned has set his hand hereto as of the 30th day of September 2005.



/s/ Jeanne SeeleyJeanne SeeleyChief Financial Officer




A signed original of this
written statement required by Section 906 has been provided to PalmSource, Inc. and will be retained by PalmSource, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         539,000
<SECURITIES>                                         0
<RECEIVABLES>                               10,755,000
<ALLOWANCES>                                   576,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            13,510,000
<PP&E>                                     137,798,000
<DEPRECIATION>                              37,487,000
<TOTAL-ASSETS>                             123,054,000
<CURRENT-LIABILITIES>                       19,504,000
<BONDS>                                     30,700,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    517,000
<COMMON>                                        31,000
<OTHER-SE>                                  31,382,000
<TOTAL-LIABILITY-AND-EQUITY>               123,054,000
<SALES>                                              0
<TOTAL-REVENUES>                            53,876,000
<CGS>                                                0
<TOTAL-COSTS>                               48,241,000
<OTHER-EXPENSES>                             (227,000)
<LOSS-PROVISION>                               158,000
<INTEREST-EXPENSE>                           2,397,000
<INCOME-PRETAX>                              3,556,000
<INCOME-TAX>                                 1,493,000
<INCOME-CONTINUING>                          2,063,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,063,000
<EPS-PRIMARY>                                     0.65
<EPS-DILUTED>                                     0.65
        

</TABLE>
SECURITIES AND EXCHANGE COMMISSION

                             WASHINGTON, D. C. 20549

                                    FORM 10-Q/A


                 QUARTERLY REPORT UNDER SECTION 13 OR 15 (d) OF
                       THE SECURITIES EXCHANGE ACT OF 1934

       For the quarter ended December 28, 1996 Commission File No.: 1-5522

                        STERLING ELECTRONICS CORPORATION
             ------------------------------------------------------
             (Exact name of registrant as specified in its charter)


           NEVADA                                         74-1261194
-------------------------------              -------------------------------
(Sate or other jurisdiction of               IRS Employer Identification No.
incorporation or organization


                  4201 Southwest Freeway, Houston, Texas 77027
               --------------------------------------------------
               (Address of principal executive office) (Zip Code)

           Registrant's area code and telephone number: (713) 627-9800

     Indicate  by check mark  whether the  registrant  (1) has filed all reports
required by Section 13 or 15(d) of the  Securities  Exchange  act of 1934 during
the preceding  twelve months (or for such shorter period that the registrant was
required  to file  such  reports),  and  (2) has  been  subject  to such  filing
requirements for the past 90 days.

                                 Yes    X    No
                                     ------      ------


     Indicate the number of shares  outstanding of each of the issuer's  classes
of common stock, as of the close of the period by this report.

           Class                              Outstanding at February 5, 1997
----------------------------                  -------------------------------
Common Stock, $.50 par value                            7,044.872

<PAGE>
     The undersigned  registrant hereby amends the items,  financial statements,
exhibits or other  portions of its Form 10-Q for the quarter ended  December 28,
1996 as set forth below.
                              LIST OF ITEMS AMENDED
                              ---------------------

1. Amendment of Exhibit 27

                                TEXT OF AMENDMENTS
                                ------------------

1. Amendment of Exhibit 27
   -----------------------

     The purpose of this amendment is to properly file Exhibit 27. Exhibit 27 is
hereby amended with Exhibit 27 attached hereto and filed herewith.

                               SIGNATURES

Pursuant  to the  requirements  of the  Securities  Exchange  Act of  1934,  the
Registrant  has duly  caused  this  report  to be  signed  on its  behalf by the
undersigned thereunto duly authorized.

                                                STERLING ELECTRONICS CORPORATION


                                                         /s/ Mac McConnell
                                                  ______________________________
Date: April    15, 1997                            Mac McConnell, Vice-President
                                                         Chief Financial Officer
* 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 December 14, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-41735 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CARLOS GANDARILLA-HERNANDEZ, also known as Jose Jorge Gutierrez-Hernandez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:04-CR-701-ALL

-------------------- Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM: * Carlos Gandarilla-Hernandez (“Gandarilla”) appeals the 33- month sentence he received after pleading guilty to illegally reentering the U.S. after having been previously deported following an aggravated felony conviction, in violation of 8 U.S.C. § 1326. He argues, for the first time on appeal, that the district court erred in imposing his sentence under a mandatory sentencing guidelines scheme, citing United States v. Booker , 125 S. Ct. 738, 756 (2005). The argument is reviewed for plainNo. 04-41735 -2-

error. United States v. Valenzuela-Quevedo , 407 F.3d 728, 733 (5th Cir.), cert. denied , 126 S. Ct. 267 (2005). Although Gandarilla’s sentence, imposed under the formerly mandatory version of the sentencing guidelines, constitutes error that is plain, the claim fails because, as Gandarilla concedes, there was no effect on his substantial rights; there is no indication from the record that the district court would have imposed a different sentence under an advisory guidelines scheme.
See id. ; United States v. Mares , 402 F.3d 511, 517-18, 521 (5th Cir.) , cert. denied , 126 S. Ct. 43 (2005). Gandarilla’s argument that the error is structural and presumptively prejudicial is without merit. See United States v. Martinez-Lugo , 411 F.3d 597, 601 (5th Cir.), cert. denied , 126 S. Ct. 464 (2005); United States v. Malveaux , 411 F.3d 558, 561 & n.9 (5th Cir.), cert. denied , 126 S. Ct. 194 (2005). Gandarilla’s constitutional challenge to 8 U.S.C. § 1326(b) is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). Although Gandarilla contends that AlmendarezTorres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey , 530 U.S. 466 (2000), we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding.
See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied , 126 S. Ct. 298 (2005). Gandarilla properly concedes that his argument is foreclosed in light of Almendarez-No. 04-41735 -3-
Torres and circuit precedent, but he raises it here to preserve it for further review. The district court’s judgment is AFFIRMED.
#### WILEY v. STATE.

No. 22417.

Court of Criminal Appeals of Texas.

March 3, 1943.

J. E. Edmondson, of Bellville, for appellant.

Spurgeon E. Bell, State’s Atty., of Austin, for the State.

GRAVES, Judge.

Appellant was convicted of burglary, and by the jury assessed a term of three years in the State penitentiary.

There are no bills of exceptions in the record.

It appears that at nighttime, on April 21, 1942, the liquor store of J. J. Sanford was burglarized by two men, who broke the lock on the door, entered the store and removed therefrom seven cases of whisky. Both Mr. and Mrs. Sanford saw the whole transaction from their bedroom window a short distance away. They both identified appellant as one of the burglars. The facts are deemed to be sufficient to support a verdict of guilt.

The judgment is affirmed.
Exhibit 10.3



STOCKERYALE, INC.



AMENDMENT NO. 1 TO SENIOR PROMISSORY NOTE



This Amendment No. 1 (this Amendment), dated August 26, 2005, is by and between StockerYale, Inc., a Massachusetts corporation (the
Company), and Eureka Interactive Fund Limited (Holder).



WHEREAS, on or about May 12, 2005, the parties hereto entered into a transaction whereby the Holder made a loan to the Company in the amount of $1,500,000 (the Loan);



WHEREAS, in consideration of the Loan, the Company issued a Senior Promissory
Note (the Note) to the Holder, with a maturity date of September 12, 2005 (the Maturity Date) and interest accruing at 10% per year; and



WHEREAS, the parties hereto wish to amend the Note to redefine the Maturity Date to be December 31, 2005.



NOW, THEREFORE, the parties hereby agree that the Maturity Date as defined
in the Note shall be amended to be December 31, 2005. Except as is otherwise provided in this Amendment, the Note shall continue in full force and effect, in accordance with its terms.



IN WITNESS WHEREOF, this Amendment has been executed as of the date first
written above.



STOCKERYALE, INC.By:

/s/ Mark W. BlodgettName:

Mark W. BlodgettTitle:

Chief Executive Officer




EUREKA INTERACTIVE FUND LIMITEDBy:

/s/ IllegibleName:Title:
Exhibit 32.1


CERTIFICATION OF CHIEF EXECUTIVE OFFICER


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 The Stephan Co. (the "Company)
on Form 10-Q for the period ended June 30, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Frank F. Ferola, 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 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/ Frank F. Ferola
__________________________________
Frank F. Ferola
Chief Executive Officer
August 14, 2006
• [ 

SERVED SEPTEMBER 29, 2011 

•ylJ Or 

'1 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

AIR Z FLYING SERVICE, INC. 

FAA DOCKET No. CPIOSWOOIO 

(Civil Penalty Action) 

FDMS No. FAA-2010-0974 

ORDER DENYING RESPONDENT'S MOTION TO DISMISS 

Respondent Air Z Flying Service, Inc. ("Respondent") filed a Motion to Dismiss 

("Motion") dated August 29, 2011. The Motion is opposed by Complainant Federal 

Aviation Administration ("Complainant"). 

Respondent's argument that the equitable doctrine of laches requires dismissal of the 

proceeding is rejected. Respondent, who has the burden of proof on this issue, simply 

has failed to show that any of the elements required for proof of laches have been met. 

Its other contentions amount to arguing the merits of its case. As such, they are 

premature and inappropriate at this juncture. 

For the reasons stated, the Motion is DENIED. 

Richard C. Goodi 

U.S. Administrative Law Judge 

Attachment - Service List 
FAA Docket No. CPIOSWOOIO 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-^30 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Laurence E. Rohl, Respondent's Representative 

President/Director of Operations, 

Air Z Flying Service, Inc., Respondent 

355 Richmond Rd., Hangar 5 

Richmond Heights, OH 44143 

TEL: 440-725-3043 

FAX: 216-261-2993 

Agnes M. Rodriguez, Complainant '5 Counsel 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

TEL: 202-267-7268 

FAX: 202-267-5106 

The Honorable Richard C. Goodwin, Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address; 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000, 

Washington, DC 20591; Attention; Hearing Docket Clerk, AGC-430.
<TABLE> <S> <C>

<ARTICLE>                                            5
<MULTIPLIER>                                         1000
       
<S>                                                  <C>
<PERIOD-TYPE>                                        9-MOS
<FISCAL-YEAR-END>                                    Jun-30-1998
<PERIOD-START>                                       Jul-01-1997
<PERIOD-END>                                         Mar-31-1998
<CASH>                                               5,425
<SECURITIES>                                         0
<RECEIVABLES>                                        8,076
<ALLOWANCES>                                         1,098
<INVENTORY>                                          14,079
<CURRENT-ASSETS>                                     29,176
<PP&E>                                               7,837
<DEPRECIATION>                                       4,283
<TOTAL-ASSETS>                                       35,383
<CURRENT-LIABILITIES>                                8,696
<BONDS>                                              20,985
<COMMON>                                             161
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                           5,541
<TOTAL-LIABILITY-AND-EQUITY>                         35,383
<SALES>                                              50,857
<TOTAL-REVENUES>                                     50,857
<CGS>                                                36,300
<TOTAL-COSTS>                                        36,300
<OTHER-EXPENSES>                                     10,810
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   2,045
<INCOME-PRETAX>                                      1,702
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  1,702
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         1,702
<EPS-PRIMARY>                                        0.12
<EPS-DILUTED>                                        0.11
        

</TABLE>
EXHIBIT 31.1

**SECTION 302 CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, E. Scott Beattie, certify that:

1.    I have reviewed this transition report on Form 10-Q of Elizabeth Arden, Inc. (the "registrant");

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 officer 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) 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;

b)    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; and 

c)    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.

5.    The registrant's other certifying officer 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 registrant's board of directors (or persons performing the equivalent function): 

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; and

b)    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:  August 6, 2004
 
/s/ E. Scott Beattie
 
 
E. Scott Beattie
 
 
Chairman and Chief Executive Officer  *(Principal Executive Officer)***