alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

ROBERT (BOB) ROSS §

§

VS. § 

§

ASSOCIATION OF PROFESSIONAL §

FLIGHT ATTENDANTS, et al., §

§ Case No. 4:22-CV-343-Y

AND §

§ Consolidated with

EUGENIO VARGAS § Case No. 4:22-CV-430-Y

§

VS. § 

§

ASSOCIATION OF PROFESSIONAL §

FLIGHT ATTENDANTS, et al., §

APFA DEFENDANTS’ RESPONSE IN OPPOSITION TO

PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

TO THE HONORABLE TERRY R. MEANS:

Defendants the Association of Professional Flight Attendants (“APFA”), its National 

President, Julie Hedrick, and its National Treasurer, Erik Harris (collectively, “the APFA 

Defendants”), file this Response in Opposition to Plaintiffs’ Motion for Partial Summary 

Judgment, Doc. 237. As set forth in the accompanying Memorandum, the APFA Defendants 

submit that Plaintiffs have not carried their burden of establishing undisputed material facts to 

support their motion, or grounds for judgment as a matter of law based on such facts. In addition, 

the APFA Defendants respectfully submit that they are entitled to summary judgment on their own 

motion for the reasons set forth in support thereof. Docs. 234-236.

LEGAL AND FACTUAL GROUNDS SUPPORTING THIS RESPONSE

Under Local Rule 56.4(b), the legal and factual grounds on which the APFA Defendants 

rely are included in the accompanying Memorandum. Supporting evidence is set forth in the 

Case 4:22-cv-00343-Y Document 242 Filed 05/24/24 Page 1 of 3 PageID 7637
2

previously filed Appendix, which was filed in support of the APFA Defendants’ Motion for 

Summary Judgment (Doc. 236) and in a Supplemental Appendix, which is filed herewith.

Dated: May 24, 2024 Respectfully submitted, 

/s/ James D. Sanford_____

JAMES D. SANFORD

Tex. Bar No. 24051289

Gillespie Sanford LLP

4803 Gaston Ave.

Dallas, TX 75246

Tel.: (214) 800-5111; Fax.: (214) 838-0001

Email: jim@gillespiesanford.com 

JEFFREY A. BARTOS (pro hac vice)

D.C. Bar No. 435832

Guerrieri, Bartos & Roma, PC

1900 M Street, N.W. Suite 700

Washington, DC 20036

Tel.: (202) 624-7400; Fax: (202) 624-7420

Email: jbartos@geclaw.com 

Counsel for the APFA Defendants

CHARLETTE L. BRODERICK 

(pro hac vice)

Tex. Bar No. 24133870

Association of Professional Flight 

Attendants

1004 W. Euless Blvd.

Euless, TX 76040

Tel.: (682) 301-8454

Email: cbroderick@apfa.org 

Counsel for APFA

Case 4:22-cv-00343-Y Document 242 Filed 05/24/24 Page 2 of 3 PageID 7638
3

CERTIFICATE OF SERVICE

I certify that on May 24, 2024, a true and correct copy of the foregoing document was 

served upon all persons who have requested notice and service of pleadings in this case via the 

Court’s ECF system.

KERRI PHILLIPS

K.D. Phillips Law Firm, PLLC

6010 W. Spring Creek Parkway

Plano, TX 75024

Phone: (972) 327-5800

Fax: (940) 400-0089

Email: kerri@KDphillipslaw.com

notice@KDphillipslaw.com

MICHAEL R RAKE

Michael R. Rake, Attorney at Law

PO Box 1556

Lake Dallas, TX 75065

Tel.: (940) 498-2103

Fax: (940) 498-2103

Email: mrake1@mrakeattorney.com

/s/ James D. Sanford__

JAMES D. SANFORD

Case 4:22-cv-00343-Y Document 242 Filed 05/24/24 Page 3 of 3 PageID 7639
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-22-00250-CV

EX PARTE T.T.

From the 379th Judicial District Court, Bexar County, Texas

Trial Court No. 2021W0607

Honorable Ron Rangel, Judge Presiding

Opinion by: Luz Elena D. Chapa, Justice

Sitting: Luz Elena D. Chapa, Justice

Irene Rios, Justice

Liza A. Rodriguez, Justice

Delivered and Filed: November 9, 2022

MOTION TO DISMISS GRANTED; DISMISSED

On April 21, 2022, the State of Texas filed a notice of restricted appeal challenging an 

“Order Granting Expunction” signed on December 3, 2021. After we formally set this case for 

submission on the parties’ briefs, the State filed a motion seeking to dismiss its restricted appeal. 

The State also requested expedited issuance of the mandate. 

After consideration, we grant the motion and dismiss the restricted appeal. See TEX. R.

APP. P. 42.1(a)(1). Because the motion does not disclose an agreement regarding the assessment 

of costs, we order all costs assessed against the State. See id. R. 42.1(d) (absent agreement of the 

parties, costs are taxed against appellant). We further order the clerk of the court to immediately 

issue the mandate. See id. R. 18.1(c). 

Luz Elena D. Chapa, Justice
#### LEE v. STATE.

No. 25028.

Court of Criminal Appeals of Texas

Dec. 13, 1950.

*879None on appeal, for appellant.

George P. Blackburn, State’s Atty., of Austin, for the State.

BEAUCHAMP, Judge.

Appellant was charged with driving a motor vehicle upon a public highway while under the influence of intoxicating liquor. He waived a jury and pleaded “not guilty” before the court. The judge found him guilty and assessed his penalty at a fine of fifty dollars, from which he appeals.

The record before us is without a statement of facts or bill of exception. The proceedings all appear to have been regular.

The judgment of the trial court is affirmed.
STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2023 KW 0358

VERSUS

DESEREE ANTONIO JOHNSON JULY 5, 2023

In Re: Deseree Antonio Johnson, applying for supervisory

writs, 21st Judicial District Court, Parish of

Tangipahoa, No. 2200377. 

BEFORE: LANIER, HESTER, AND MILLER, JJ. 

WRIT DENIED.
<PAGE>   1
                                                                    EXHIBIT 10.8


                       RESTATED INTERCOMPANY NOTE: DUNKIRK

$112,904,000                                                   February 22, 2000


                  FOR VALUE RECEIVED, DUNKIRK POWER LLC, a Delaware limited
liability company, (the "Borrower"), hereby promises to pay to the order of NRG
NORTHEAST GENERATING LLC, a Delaware limited liability company, its successors
and assigns (the "Lender"), on demand in lawful money of the United States in
immediately available funds, at the office of the Lender located at 1221
Nicollet Mall, Suite 700, Minneapolis, MN 55403, the principal sum of ONE
HUNDRED TWELVE MILLION NINE HUNDRED FOUR THOUSAND DOLLARS ($112,904,000) or, if
less, the aggregate unpaid principal amount of the loan remaining outstanding
hereunder.

                  The Borrower also promises to pay as interest on the unpaid
principal amount hereof semi-annually on June 15 and December 15 of each year,
beginning on June 15, 2000 in like money at said office from the date hereof
until paid, an amount equal to fifteen and one tenth percent (15.1%) (its
"Proportionate Share") of the interest due in respect of certain bonds issued by
the Issuer pursuant to an indenture entered into by the Issuer, certain
guarantors thereto and the Chase Manhattan Bank, as trustee, of even date
herewith.

                  The Borrower may voluntarily prepay this Note, in whole or in
part provided, however, the Borrower may not prepay more than its Proportionate
Share of the principal amounts set forth in Schedule A hereto before the date
specified on such schedule without the prior written consent of the Lender. The
Lender shall record all such prepayments of principal, and the principal sum due
under this Note shall be reduced accordingly.

                  The Borrower hereby waives presentment, demand, protest or
notice of any kind in connection with this Note. All amounts payable under this
Note are payable without relief from valuation and appraisement laws.


<PAGE>   2


                  This Restated Intercompany Note shall be construed in
accordance with and be governed by the law of the State of New York.

                                            DUNKIRK POWER LLC

                                            By:   /s/ Brian B. Bird
                                                  ------------------------------
                                                  Name:  Brian B. Bird
                                                  Title: Treasurer


                                        2
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 Quarterly  Report of Secured  Digital  Applications,
Inc.  (the  "Company")  on Form 10-QSB for the period  ending  March 31, 2004 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I, Patrick  Soon-Hock Lim, Chief  Executive  Officer of the Company,
certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to ss. 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/ Patrick Soon-Hock Lim

Patrick Soon-Hock Lim
Chief Executive Officer

May 14, 2004
ANNUAL REPORT
Chevy Chase Auto Receivables Trust 1997-4
$ 230,065,034.95 6.25% Auto Receivables Backed Certificates
For the Year Ended December 31, 2000




           PRINCIPAL    INTEREST      NET       NET        30 +      DELQ.
              DIST        DIST       LOSSES    LOSS %     DELQ.        %
          ____________ ___________ ___________ ________ ____________ _______
 Jan-2000   4,523,210     446,176     548,886    8.28%    9,771,736   12.29%
 Feb-2000   3,869,046     422,165     434,948    6.90%    9,712,167   12.84%
 Mar-2000   4,282,890     401,627     546,196    9.18%    7,351,836   10.30%
 Apr-2000   4,475,800     378,892     504,065    9.04%    6,173,515    9.23%
 May-2000   3,772,265     355,133     342,326    6.51%    5,824,788    9.23%
 Jun-2000   3,917,361     335,109     316,754    6.42%    6,650,286   11.23%
 Jul-2000   3,535,044     314,314     173,960    3.75%    5,961,040   10.71%
 Aug-2000   3,285,041     295,549     168,417    3.86%    6,230,614   11.89%
 Sep-2000   3,511,445     278,111      79,691    1.96%    5,659,598   11.58%
 Oct-2000   3,163,270     259,471     306,663    8.05%    5,612,669   12.28%
 Nov-2000   2,929,814     242,679     241,789    6.78%    5,329,722   12.46%
 Dec-2000   2,787,221     227,127     182,975    5.49%    5,607,547   14.02%
          ____________ ___________ ___________
   Totals  44,052,406   3,956,353   3,846,670

  **  The date represents the month of the Distribution date, the
      information is from activity of the previous month.
| | RE: | Annual Statement of Compliance for COMM 2015-CCRE23 Commercial
Mortgage Pass-Through Certificates
| | --- | -------------------------------------------------------------------------------------------------





Per the Pooling and Servicing Agreement dated as of May 1, 2015 (the "Agreement"),
the undersigned, a duly authorized officer of Wells Fargo Bank, N.A., as Certificate Administrator ("Wells Fargo"), hereby
certifies as follows as of and for the year ending December 31, 2016 (the "Reporting Period"):



(a) A review of Wells Fargo's activities during the Reporting Period and
of its performance under the Agreement has been made under such officer's supervision; and



(b) To the best of such officer's knowledge, based on such review, Wells
Fargo has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period.







February 27, 2017





























Wells Fargo Bank, N.A.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting: 

*Name:*                         Special Emphasis Panel in Design, Manufacture, and Industrial Innovation (1194).                    

*Date and Time:*                         December 5, 6, and 7, 2000, 8 a.m.-5:30 p.m.                    

*Type of Meeting:*                         Closed.                    

*Contact Person:*                         Dr. Delcie Durham, Dr. George Hazelrigg, Dr. Kamalakar Rajurkar, and Dr. Ronald Rardin, Program Directors, DMII, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. Telephone: (703) 292-8330.                    

*Purpose of Meeting:*                         To provide advice and recommendations concerning proposals submitted to NSF for financial support.                    

*Agenda:*                         To review and evaluate Unsolicited proposals as part of the selection process for awards.                    

*Reason for Closing:*                         The proposals being reviewed include information of proprietary or confidential nature, including technical information, financial data such as salaries, and personal information concerning individuals associated with the proposals. These matters that are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.                    

Dated: November 6, 2000.

Karen J. York,

Committee Management Officer.

[FR Doc. 00-28780  Filed 11-8-00; 8:45 am]

BILLING CODE 7555-01-M
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 27 Agreed to House (ATH)]

103d CONGRESS
  1st Session
H. CON. RES. 27

 Providing for an adjournment of the House from Wednesday, January 27, 
                   1993 to Tuesday, February 2, 1993.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 1993

 Mr. Gephardt submitted the following concurrent resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
 Providing for an adjournment of the House from Wednesday, January 27, 
                   1993 to Tuesday, February 2, 1993.

    Resolved by the House of Representatives (the Senate concurring), 
That when the House adjourns on Wednesday, January 27, 1993, it stand 
adjourned until noon on Tuesday, February 2, 1993.

                                 <all>
```
<PAGE>   1
                                                                   EXHIBIT 10.4

                                                          151 Farmington Avenue
                                                        Hartford, CT 06156-3124
May 31, 2000


Mr. William H. Donaldson
860 United Nation's Plaza
New York, NY 10017

Dear Bill:

         This is to notify you that in addition to a bonus of up to $2,000,000
which you are eligible to receive under the Aetna Annual Incentive Plan for
fiscal year 2000, you will be eligible to receive a special bonus (the "Special
2000 Bonus") for fiscal year 2000 outside that plan in an amount determined, and
based on the level of achievement of performance objectives established, by the
Committee on Compensation and Organization (the "Committee") of the Board of
Directors (the "Board") of Aetna. Payment of the Special 2000 Bonus will be
deferred until the termination of your employment with Aetna, subject to such
deferral arrangements as the Committee shall establish.

         If prior to the determination of the amount of the Special 2000 Bonus
you voluntarily elect to terminate your employment with Aetna without the
consent of the Board or your employment with Aetna is terminated by Aetna due to
gross misconduct in the performance of your duties which is demonstrably and
materially injurious to Aetna, you will not be entitled to receive any portion
of the Special 2000 Bonus. If, prior to the determination of the amount of the
Special 2000 Bonus, for any reason other than those stated immediately above
(including disability or death), (A) you cease to hold the positions of Chief
Executive Officer, President and Chairman of Aetna before a spin-off or similar
separation of the Aetna healthcare business from the financial services business
or (B) you cease to hold the positions of Chief Executive Officer and Chairman
of either the healthcare business or the financial services business after the
separation of those businesses, then you will be entitled to receive a payment
in respect of your Special 2000 Bonus in an amount determined by the Committee
(but in no event less than $500,000). In the event of your death, the amount you
would have received hereunder will be paid to your estate.


                                             /s/ Michael H. Jordan
                                             Michael H. Jordan,
                                             Chairman of the Committee
                                             on Compensation and Organization
                                             of the Board of Directors


                                             /s/ Elease E. Wright
                                             Elease E. Wright,
                                             Senior Vice President,
                                             Human Resources
Exhibit 99.1



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
Turnstone Systems, Inc. (the Company) on Form 10-K for the year ending December 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard N. Tinsley, President and 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:



| | (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.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



Date: March 18, 2003

/s/    RICHARD N.
TINSLEYRichard N. Tinsley President & CEO
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

# AGENCY:

National Science Foundation.

# ACTION:

 Notice of permits issued under the Antarctic Conservation of 1978, Public Law 95-541.

# SUMMARY:

The National Science Foundation (NSF) is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice.

# FOR FURTHER INFORMATION CONTACT:

Nadene G. Kennedy, Permit Office, Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230.

# SUPPLEMENTARY INFORMATION:

                    On October 3, 2000, the National Science Foundation published notice in the                     **Federal Register**                     of a waste management permit application received. The permit was issued on October 27, 2000 to: The Bancroft Arenesen Expedition, Permit No. 2001 WM-001.                

Nadene G. Kennedy,

Permit Officer.

[FR Doc. 00-28654  Filed 11-7-00; 8:45 am]

BILLING CODE 7555-01-M
1... See TEX. R. APP. P. 47.4.

 

2... See Wentworth v. Meyer, 839 S.W.2d 766, 767 (Tex. 1992) (orig.

proceeding); In re Jackson, 14 S.W.3d 843, 846 (Tex. App.—Waco 2000, orig.

proceeding); City of La Porte v. State ex rel. Rose, 376 S.W.2d 894, 906-07 (Tex.

Civ. App.—Austin 1964), rev’d in part on other grounds, 386 S.W.2d 782 (Tex.

1965); see also In re Sanchez, 81 S.W.3d 794, 796 (Tex. 2002) (orig. proceeding).

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-08-154-CV

IN RE MICHAEL SUTTON RELATOR

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

ORIGINAL PROCEEDING

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

MEMORANDUM OPINION1

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

The court has considered relator’s petition for writ of mandamus and is

of the opinion that relief should be denied. Accordingly, relator’s petition for 2

writ of mandamus is denied.

Relator shall pay all costs of this original proceeding, for which let

execution issue.

PER CURIAM

PANEL A: LIVINGSTON, J.; CAYCE, C.J.; and HOLMAN, J. 

DELIVERED: April 24, 2008
#### WHITE v. STATE.

No. 25410.

Court of Criminal Appeals of Texas.

Oct. 24, 1951.

H. A. Leaverton, Seminole, for appellant.

George P. Blackburn, State’s Atty., of Austin, for the State.

DAVIDSON, Commissioner.

This is an appeal from a conviction for theft of casing pipe, with punishment assessed at two years in the penitentiary.

The indictment alleged ownership of the pipe jointly in L. H. Armer and Vernon Bottom, Armer being the actual owner and Bottom, the special owner. Want of consent to the taking was alleged in both.

Upon the trial of the case, Bottom testified. We have examined the statement of facts with care, and agree with the appellant that nowhere therein did he testify that the pipe was taken without his consent.

Armer was shown ' to reside in Fort Worth, Texas. He did not testify. The Tecord does not reflect that he was not available to the state as a witness.

■ It is the rule of long standing that where the owner of alleged stolen property is present and testifies in the case, he must testify to the want of consent to the taking of the property, and circumstantial’ evidence cannot supply such proof. Holmes v. State, 136 Tex.Cr.R. 26, 120 S.W.2d 595, and authorities there cited.

In view of the fact that a reversal of the conviction is required by reason of the ■above rule, we pretermit a discussion of the question as to the sufficiency of the evidence to show appellant’s guilty connection with the alleged theft, further than to say that we express doubt relative thereto. We suggest that if another trial be (had the state’s case be strengthened in that particular.

For the error pointed out, the judgment is reversed and the cause remanded.

Opinion approved by the Court.