alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.2



STATEMENT OF CHIEF FINANCIAL OFFICER

OF DATASTREAM SYSTEMS, INC.

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE
SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of
Datastream Systems, Inc. (the Company) on Form 10-Q for the period ended June 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned C. Alex Estevez, Chief Financial
Officer of the Company, certifies, 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 Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/S/ C. ALEX ESTEVEZC. Alex EstevezChief Financial OfficerDatastream Systems, Inc.August 9, 2004
NO. 07-07-0441-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

NOVEMBER 29, 2007

______________________________

DAVID STACY ROBIN STRATTON, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 31ST DISTRICT COURT OF GRAY COUNTY;

NO. 7189; HONORABLE STEVEN R. EMMERT, JUDGE

_______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is David Stacy Robin Stratton’s Motion to Dismiss Appeal

in which he represents he no longer wishes to pursue this appeal. As required by Rule

42.2(a) of the Texas Rules of Appellate Procedure, the motion is signed by Appellant and

his attorney. No decision of this Court having been delivered, the motion is granted and
2

the appeal is dismissed. No motion for rehearing will be entertained and our mandate will

issue forthwith.

Accordingly, the appeal is dismissed.

Patrick A. Pirtle

 Justice

Do not publish.
<TABLE> <S> <C>

<ARTICLE>                           5

<MULTIPLIER>                    1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>         DEC-31-1998
<PERIOD-START>            JAN-01-1998
<PERIOD-END>              MAR-31-1998
<CASH>                          4,758
<SECURITIES>                    2,280
<RECEIVABLES>                   8,673
<ALLOWANCES>                    3,120
<INVENTORY>                         0
<CURRENT-ASSETS>                    0
<PP&E>                         32,401
<DEPRECIATION>                  7,684
<TOTAL-ASSETS>                154,084
<CURRENT-LIABILITIES>               0
<BONDS>                       102,271
<PREFERRED-MANDATORY>               0
<PREFERRED>                         0
<COMMON>                       29,285
<OTHER-SE>                      9,691
<TOTAL-LIABILITY-AND-EQUITY>  154,084
<SALES>                         5,720
<TOTAL-REVENUES>                9,505
<CGS>                           4,700
<TOTAL-COSTS>                   4,700
<OTHER-EXPENSES>                5,186
<LOSS-PROVISION>                  603
<INTEREST-EXPENSE>              1,670
<INCOME-PRETAX>                 2,046
<INCOME-TAX>                      790
<INCOME-CONTINUING>             1,256
<DISCONTINUED>                      0
<EXTRAORDINARY>                     0
<CHANGES>                           0
<NET-INCOME>                    1,256
<EPS-PRIMARY>                     .24
<EPS-DILUTED>                     .24


        

</TABLE>
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**438 CA 13-01624**  PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND WHALEN, JJ.

LINDA HERBERT, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF DONALD J. HERBERT, DECEASED, PLAINTIFF-RESPONDENT,

V ORDER
EILEEN REILLY, M.D., ET AL., DEFENDANTS, ELIZABETH MARIE LOVE, M.D. AND GERIATRIC ASSOCIATES, LLP, DEFENDANTS-APPELLANTS.

GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (MARK SPITLER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
CELLINO & BARNES, P.C., BUFFALO (BRIAN A. GOLDSTEIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
CONNORS & VILARDO, LLP, BUFFALO (VINCENT E. DOYLE, III, OF COUNSEL), FOR DEFENDANTS EILEEN REILLY, M.D. AND ELDER MEDICAL SERVICES.

Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J.), entered March 21, 2013. The order denied the motion of defendants Elizabeth Marie Love, M.D. and Geriatric Associates, LLP, for summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 24, 2014,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: May 2, 2014 Frances E. Cafarell Clerk of the Court
#### The State of Ohio, Appellee, *v.*Cirasole et al., Appellants.

(No. 28382

Decided December 24, 1940.)

*503
      *Mr. Frank T. Gullitcm,*prosecuting attorney, *Mr. Neil W. McGill*and *Mr. John P. Butter,*for appellee.

*Mr. Edward G. Stanton*and *Mr. James P. Mooney,*for appellants.

It is ordered and adjudged that said appeal as of right he, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

*Appeal dismissed.*

Weygandt, C. J., Day, Zimmerman, Turner, Williams, Matthias and Hart, JJ., concur.
#### BODKINS v. COMMONWEALTH.

Court of Appeals of Kentucky.

Dec. 21, 1951.

*746Lyttle *&*White, Manchester, for appellant.

A. E. Funk, Atty. Gen., Guy L. Dickinson, Asst. Atty. Gen., for appellee.

STEWART, Justice.

Gilbert (Doc) Bodkins was convicted upon a warrant in the Glay Quarterly Court on July IS, 1950, on Ae charge of having beer in his possession for the purpose of sale in local option territory and. his punishment was fixed at a fine of $100 and 30 days confinement in the Clay County Jail. In addition, he was required to 'execute a peace bond not to violate the local option laws in the penal sum of $1000 with good and sufficient surety thereon; and the judgment further ordered that Bodkins’’ 1949 Dodge Four Door Sedan automobile in which the beer was seized at the time of his arrest be forfeited and sold in accordance with KRS 242.360. After an ap- . peal to the Clay Circuit Court, Bodkins was tried de novo on the same warrant and again convicted, the jury fixing his punishment at a fine of $100 and 60 days confinement in the county jail. The judgment of the circuit court provided for a peace bond of the type and in amount of that required in quarterly court but failed to adjudge that the automobile of Bodkins be confiscated and sold.

Bodkins moves for an appeal, urging as a ground for reversal that the judgment of the quarterly court is void for lack of jurisdiction and that the circuit court therefore acquired no jurisdiction on Ae appeal to try the case on the identical warrant.

This case cannot be distinguished in principle from Ritter v. Bruce, Clerk, Ky., 239 S.W.2d 449, and the last-mentioned decision controls in every respect the facts and law of this case. The Ritter case fully discusses the question before us and we deem it unnecessary to repeat here what was there written.

Wherefore, the motion for the appeal is sustained, and the judgment is reversed with directions to Ae circuit court to dismiss the case.
(logo)Rialto 

         CAPITAL

 

 

**2017 AnnualStatement of Servicer Compliance (Item 1123)**

 

Pooling andServicing Agreement (the “Pooling and Servicing Agreement”) dated as of December1, 2014 by and among Wells Fargo Commercial Mortgage Securities, Inc., asDepositor, Wells Fargo Bank, National Association as General Master Servicer,Rialto Capital Advisors, LLC as General Special Servicer, NCB, FSB as NCBMaster Servicer, NCB, FSB as NCB Special Servicer, Park Bridge Lender ServicesLLC, as Trust Advisor, Wells Fargo Bank, National Association as CertificateAdministrator, as Tax Administrator and as Custodian and Wilmington Trust,National Association as Trustee relating to the Wells Fargo Commercial MortgageTrust 2014-LC18, Commercial Mortgage Pass-Through Certificates, Series2014-LC18 **(WFCM 2014-LC18)**

 

Theundersigned, a duly authorized officer of Rialto Capital Advisors, LLC, asspecial servicer (the “Special Servicer”) herein certifies to the following:

 

1.       Allservicing activities and performance of such servicing activities under thePooling and Servicing Agreement are performed on behalf of the SpecialServicer.

 

2.       Areview of the servicing activities and performance by the Special Servicer forthe period of January 1, 2017 to December 31, 2017 (the “Reporting Period”) inaccordance with the Pooling and Servicing Agreement has been conducted under mysupervision.

 

3.       To thebest of my knowledge, based on such review, the Special Servicer has fulfilledall of its obligations under the terms of the Pooling and Servicing Agreement,in all material respects for the Reporting Period and if there has been afailure to fulfill any such obligations in any material respect, each failureand the nature and status thereof has been specifically identified herein.

 

 

Certifiedby: /s/ Adam Singer 

AdamSinger, Managing Director 

 

Date:March 1, 2018
IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

REGINALD GRANT, § 

 Plaintiff, § 

 § 

v. § Civil Action No. 3:22-CV-0439-S-BH 

 § 

AMAZON.COM SERVICES LLC, § 

 Defendant. § Referred to U.S. Magistrate Judge1

RECOMMENDATION REGARDING REQUEST TO PROCEED 

IN FORMA PAUPERIS ON APPEAL 

 Before the Court is the Motion for Leave to Proceed In Forma Pauperis/Affadivit [sic] of 

Indigency by Petitioner, filed on November 8, 2023 (doc. 63), which is liberally construed as a 

request for leave to proceed in forma pauperis on appeal. 

 (X) The request for leave to proceed in forma pauperis on appeal should be DENIED 

because the Court should certify under Fed. R. App. P. 24(a)(3) and 28 U.S.C. § 

1915(a)(3) that the appeal is not taken in good faith, and that it presents no legal 

points of arguable merit and is therefore frivolous for the reasons set forth in the 

findings, conclusions, and recommendation filed in this case on September 1, 2023 

(doc. 52). The request also should be denied because the plaintiff has not established 

that he is a pauper. A review of the plaintiff’s in forma pauperis affidavit shows 

that he has an average monthly income of $3,600, $500 in cash and checking 

accounts, and assets valued at $10,000, with $2,895 in total monthly expenses, which 

reflects sufficient funds to pay the applicable filing fees on appeal. 

 

If the Court denies the request to proceed in forma pauperis on appeal, the 

plaintiff may challenge the denial by filing a separate motion to proceed in 

forma pauperis on appeal with the Clerk of Court, U.S. Court of Appeals for 

the Fifth Circuit, within thirty days after service of the notice required by Fed. 

R. App. P. 24(a)(4). See Fed. R. App. P. 24(a)(5).

 SIGNED this 14th day of November, 2023. 

1 By Amended Miscellaneous Order No. 6 (adopted by Special order No. 2-59 on May 5, 2005), requests to proceed 

in forma pauperis on appeal are automatically referred. 

Case 3:22-cv-00439-S-BH Document 64 Filed 11/14/23 Page 1 of 1 PageID 675
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3578 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3578

    To ensure that any new or revised requirement providing for the 
    screening, testing, or treatment of an airman or an air traffic 
  controller for a sleep disorder is adopted pursuant to a rulemaking 
                  proceeding, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2013

 Mr. LoBiondo (for himself, Mr. Larsen of Washington, Mr. Bucshon, Mr. 
   Graves of Missouri, Mr. Lipinski, and Mr. Meehan) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL

 
    To ensure that any new or revised requirement providing for the 
    screening, testing, or treatment of an airman or an air traffic 
  controller for a sleep disorder is adopted pursuant to a rulemaking 
                  proceeding, and for other purposes.

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

SECTION 1. MEDICAL CERTIFICATION REQUIREMENTS FOR AIRMEN AND AIR 
              TRAFFIC CONTROLLERS RELATING TO SLEEP DISORDERS.

    (a) In General.--The Secretary of Transportation may implement or 
enforce a requirement providing for the screening, testing, or 
treatment (including consideration of all possible treatment 
alternatives) of an airman or an air traffic controller for a sleep 
disorder only if the requirement is adopted pursuant to a rulemaking 
proceeding.
    (b) Applicability.--Subsection (a) shall not apply to a requirement 
that was in force before November 1, 2013.
    (c) Definitions.--In this section, the following definitions apply:
            (1) Airman.--The term ``airman'' has the meaning given that 
        term in section 40102(a) of title 49, United States Code.
            (2) Air traffic controller.--The term ``air traffic 
        controller'' means a civilian employee of the Department of 
        Transportation described in section 2109 of title 5, United 
        States Code.
            (3) Sleep disorder.--The term ``sleep disorder'' includes 
        obstructive sleep apnea.
                                 <all>
```
Exhibit 31.1


CERTIFICATION


I, Michael M. Morrissey, Ph.D., certify that:


1. I have reviewed this Form 10-Q/A of Exelixis, 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.





/s/ MICHAELM. MORRISSEYMichael M. Morrissey, Ph.D.President and Chief Executive Officer(Principal Executive Officer)


Date: July 14, 2017
#### BIG SPRING TRACTOR CO. v. SCOTT.

No. 2928.

Court of Civil Appeals of Texas. Eastland.

May 30, 1952.

Guilford L. Jones, Big Spring, for appellant.

Morrison & Morrison, Big Spring, for appellee.

GRISSOM, Chief Justice.

Big Spring Tractor Company sued Robert C. Scott for debt and caused a writ of garnishment to be served on the City National Bank of Colorado City, Texas. The Bank answered that Scott had on deposit an amount in excess of the debt sued for. Scott intervened in the garnishment proceeding and moved to quash the writ on the ground that he owned real estate in Texas, subject to execution, more than sufficient to satisfy plaintiff’s debt and that plaintiff’s affidavit for garnishment was false.

The trial court found, in effect, that plaintiff’s said affidavit was false and for that reason the writ of garnishment was *704defective and should be quashed. The court, thereupon, rendered judgment quashing and setting aside all garnishment proceedings, assessing all costs against plaintiff, “and that said intervenor (Scott) go hence with his costs without day.” Plaintiff has appealed.

Plaintiff’s only point is that the court erred in holding that the writ of garnishment was defective and should be quashed because of the alleged falsity of the affidavit. Said point is sustained. The validity of a garnishment depends, not upon the truth of facts stated in the affidavit, but upon the fact that the affidavit contains the statement required by statute. Vernon’s Ann.Civ.St. art. *4076.*First Nat. Bank of Munday v. Guinn, Tex.Civ.App., 57 S.W.2d 880, 882; First Nat. Bank in George West v. Frost Nat. Bank of San Antonio, Tex.Civ.App., 142 S.W.2d 555, 556 (W.D.C.J.); Camden Fire Ins. Ass’n v. First Nat. Bank of Waurika, Tex.Civ.App., 84 S.W.2d 889, 891 (Writ Dis.) ; Walden v. Locke, Tex.Civ.App., 49 S.W.2d 832, 835; (Writ Ref.); Smith v. Sealy State Bank of Sealy, Tex.Civ.App., 60 S.W.2d 486, 488 ; 3A Tex.Jur., 147.

The judgment is reversed and the cause remanded.
#### GALVAN v. STATE.

No. 23227.

Court of Criminal Appeals of Texas.

Nov. 28, *1945.*

Horace H. Shelton, of Austin, for appellant.

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

BEAUCHAMP, Judge.

The appellant was convicted of the offense of carrying a pistol and assessed a fine of $100.

The record is before this court without statement of facts or bills of exception. The proceedings are regular and there is nothing presented for our consideration.

The judgment of the trial court is affirmed
Order entered March 5, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-01424-CR

SAWEAT JINTANONT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 2

Dallas County, Texas

Trial Court Cause No. F12-45928-I

ORDER

The Court ORDERS the Dallas County District Clerk to file the clerk’s record in this 

appeal within TWENTY-ONE DAYS of the date of this order.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to Gary 

Fitzsimmons, Dallas County District Clerk; the Dallas County District Clerk’s Office, Criminal 

Records Division; and to counsel for all parties.

/s/ LANA MYERS 

JUSTICE
Exhibit 21.1



SUBSIDIARIES



|Country or Region |  | Official Name                       
|----------------- |  | ------------------------------------
|Australia         |  | Turnstone Australia Pty. Ltd.       
|Brazil            |  | Turnstone do Brasil Ltda.           
|Cayman Islands    |  | Turnstone Systems International Ltd.
|Delaware          |  | Turnstone Holdings LLC              
|France            |  | Turnstone Systems SARL              
|Germany           |  | Turnstone Systems GmbH              
|Hong Kong         |  | Turnstone Hong Kong Ltd.            
|Singapore         |  | Turnstone Singapore Ltd.            
|United Kingdom    |  | Turnstone International (UK) Limited
(LOGO)NORWEST MORTGAGE                                 Norwest Mortgage, Inc.
                                                       Home Campus
                                                       Des Moines, IA 50328
                                                       515/221-7300


March 5, 1998

Norwest Bank
Attention Stacy Wainwright
11000 Broken Land Parkway
Columbia MD 21044

Re: 1997 Annual Certification We hereby certify to the best of our knowledge and
belief  that for the  calendar  year of 1997:  1. All real estate  taxes,  bonds
assessments  and other  lienable  items  have  been  paid.  2. All FHA  mortgage
insurance,  private mortgage insurance  premiums,  and flood insurance have been
paid  (if  applicable).  3.  Hazard  insurance  policies  held  by us  meet  the
requirements  as  specified  in the  servicing  agreement,  or those of a normal
prudent  lender if not  specified,  and those premiums due have been paid. 4. We
have made all property inspections as required.  5. Fidelity bond and Errors and
Omissions  insurance coverage currently exists. 6. That the Officer signing this
certificate  has reviewed the activities and  performance of the Servicer during
the  preceding  fiscal year under the terms of the  Servicing  Agreement,  Trust
Agreement,  Pooling and Servicing Agreement and/or  Seller/Servicer Guide and to
the best of this  Officer's  knowledge,  the Servicer has  fulfilled  all of its
duties,  responsibilities or obligations under these Agreements  throughout such
year,  or if there has been a default or failure of the  servicer to perform any
of such duties,  responsibilities or obligations,  a description of each default
or  failure  and the nature and status  thereof  has been  reported.  Sincerely,
/s/John B. Brown John B. Brown Vice President  Norwest Mortgage Inc. NMFL #0820H
9/96
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-END>                                   MAR-31-1998
<CASH>                                         87,436
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               89,444
<PP&E>                                         2,521,585
<DEPRECIATION>                                 16,889
<TOTAL-ASSETS>                                 2,645,978
<CURRENT-LIABILITIES>                          1,928,592
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       420,375
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   2,645,978
<SALES>                                        0
<TOTAL-REVENUES>                               109,794
<CGS>                                          0
<TOTAL-COSTS>                                  141,923
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             70,134
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (101,020)
<EPS-PRIMARY>                                  (2.59)
<EPS-DILUTED>                                  0
        


</TABLE>