alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-1972

CALVIN J. WEBER, Plaintiff - Appellant, versusUNITED STATES ARMY PERSONNEL SECURITY CLEARANCE FACILITY, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-99- 439-AMD) Submitted: September 9, 1999 Decided: September 14, 1999 Before ERVIN, WILKINS, and HAMILTON, Circuit Judges. Affirmed by unpublished per curiam opinion.Calvin J. Weber, Appellant Pro Se. Nadira Clarke, Special Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* Although the district court’s order is marked as “filed” on May 20, 1999, the district court’s records show that it was entered on the docket sheet on May 21, 1999. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that the order was entered on the docket sheet that we take as the effective date of the district court’s decision. See Wilson v. Murray , 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2 PER CURIAM:Calvin Weber appeals the district court’s order granting Appellee’s motion to dismiss and alternative summary judgment motion because Weber’s suit was barred by the doctrine of res judicata. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Weber v. United States Army Personnel Sec. Clearance Facility, No. CA-99-439-AMD (D. Md. May 21, 1999). *We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
<PAGE>
                                                                      EXHIBIT 11



                              AMRESCO CAPITAL TRUST

                        COMPUTATION OF PER SHARE EARNINGS
                      (IN THOUSANDS, EXCEPT PER SHARE DATA)


<Table>
<Caption>
                                                            Period from
                                                             January 1,
                                                                2000
                                                               through        Year Ended
                                                            September 25,     December 31,
                                                                2000             1999
                                                            ------------     ------------
<S>                                                         <C>              <C>
Basic:
    Net income available to common shareholders             $      5,948     $      7,320
                                                            ============     ============

    Weighted average common shares outstanding                    10,000           10,000
                                                            ============     ============

    Basic earnings per common share                         $       0.59     $       0.73
                                                            ============     ============

Diluted:
    Net income available to common shareholders             $      5,948     $      7,320
                                                            ============     ============

    Weighted average common shares outstanding                    10,000           10,000
    Effect of dilutive securities:
      Restricted shares                                               15               12
      Net effect of assumed exercise of warrants                      13               --
      Net effect of assumed exercise of stock options                  1               --
                                                            ------------     ------------
    Adjusted weighted average common shares outstanding           10,029           10,012
                                                            ============     ============

    Diluted earnings per common share                       $       0.59     $       0.73
                                                            ============     ============
</Table>
# U ni te d S ta te s Co ur t of A pp ea ls For the Eig hth Circu it

__ __ __ __ __ __ __ __ __ __ __ __ __ _ No. 1 2- 33 48

__ __ __ __ __ __ __ __ __ __ __ __ __ _ Uni te d S ta te s o f Am eri ca
ll ll ll ll ll ll ll ll ll ll l App el le e

v.
Fran ci sc o Vel as qu ez, al so kn own as C is co , als o k no wn as Ang el Paez -Alv aro
ll ll ll ll ll ll ll ll ll ll l App el la nt

__ __ __ __ __ __ App eal fro m

Uni te d S ta te s Di st ric t Co ur t fo r th e Weste rn Dis tri ct of Ark an sa s

__ __ __ __ __ __ Su bm it te d: Ju ne 10 , 20 13 Fi le d: Ju ne 14 , 20 13 [Un pu bl is he d]

__ __ __ __ __ __ Befo re GRUENDER, ARNOLD, and BENTON, Circu it Ju dg es

.

__ __ __ __ __ __ PER CURI AM.Fran ci sc o V el as qu ez pl ead ed gu il ty to co ns pi rin g to di st rib ut e

m et ha m ph et am in e, se e 21 U.S.C. §§ 84 1( a)(1 ), 84 6, an d th e di st ric t co ur t se nt en ced 1 hi m to 19 8 m on th s' im

pr is on m en t. He co nt en ds , fir st of al l, wit ho ut el ab or at io n, th at hi s se nt en ce is un co ns ti tu ti on al an d "as k s t h a t t h e en ti re reco rd be rev ie wed " to de te rm in e if an y erro r oc cu rred in "t he co nv ic ti on an d se nt en ci ng pr oc es s." Treat in g th is p a r t o f Mr. Vela sq ue z's br ie f as an And er s br ie f, se e And er

s v. Ca li fo rn ia , 38 6 U.S. 73 8 (1 96 7) , we ha ve un de rta ke n an in de pe nd en t rev ie w pu rs ua nt to Pen so n
v. Ohi o , 48 8 U.S. 75 , 80 (1 98 8) , an d ha ve di sc ov ered no no n- fri vo lo us is su es fo r ap pe al

.

Mr. Vela sq ue z al so mai n t a in s, ag ai n wit ho ut el ab or at io n, th at he was de ni ed hi s Si xt h- Am en dm en t rig ht to effe ct iv e as si st an ce of co un se l in th e di st ric t co ur t, se e St ri ckl an d v. W

as hi ng to n , 46 6 U.S. 66 8 (1 98 4)

. Bu t we do no t en te rta in su ch cl ai m s
on di rect ap pe al of a co nv ic ti on un le ss a reco rd s u p p o r ti ng th os e cl ai m s ha s be en
m ad e in th e di st ric t co ur t or "t he res ul t wou ld ot he r w i s e be a pl ai n m is carr ia ge of jus ti ce." Se e Uni te d St at es v. Her na nd ez , 28 1 F.3 d 74 6 (8 th Ci r. 20 0 2)

. Neit he r
ex cep ti on ap pl ie s i n t hi s ca se

.

Affi rm ed

.

__

__ __ __ __ __ __ __ __ __ __ __ __ __ __

The Hon or ab le Ji m

m La r r y H e n d ren , Uni te d St at es Dis tri ct Ju dg e fo r th e 1 W es te rn Dis tri ct of Ark an sa s. -2

-
<PAGE>

                                                                     EXHIBIT 3.4

                                AMENDMENT NO. 1
                                      to
                          AMENDED AND RESTATED BYLAWS
                                      of
                           DATA CRITICAL CORPORATION


     Section 2.3(b) of the Bylaws were amended by the Board of Directors by
resolution approved June 14, 2000, to read as follows:

     "(b)  Only such business shall be conducted at a special meeting of
stockholders as shall have been brought before the meeting pursuant to the
notice of meeting given in accordance with Section 2.4. Nominations of persons
for election to the board of directors may be made at a special meeting of
stockholders at which directors are to be selected pursuant to such notice of
meeting (i) by or at the direction of the board of directors or (ii) by any
stockholder of the corporation who is a stockholder of record at the time of
giving of notice provided for in this paragraph, who shall be entitled to vote
at the meeting and who complies with the notice procedures set forth in Section
2.5."
Exhibit 32.1



CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT



In connection with the Quarterly Report of Highwoods Realty Limited Partnership (the Operating Partnership) 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), I, Edward J. Fritsch, President and Chief Executive Officer of Highwoods Properties, Inc., general partner of the Operating Partnership, certify, 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 Operating Partnership.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                            
|------------------------------------------------------------
|/s/ EDWARD J. FRITSCH                                       
|Edward J. Fritsch                                           
|President and Chief Executive Officer of the General
Partner



January 19, 2005
# Materials Not Included in **Airworthiness Directive (AD) Docket**

Docket Number: FAA- 2011 - 0220 Directorate Identifier: 2010NM259AD

SBF100 -28 - 050 --- 6/3/10 REPORT SE - 672, I2 --- 12/1/06

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the Supplemental AD Docket 

### MA **Y BE VIEWED AT:** Federal Aviation Administration

Transport Airplane Directorate Rules Docket 1601 Lind Ave. SW., Renton, WA 98057 425.227.1221 **DURING THE HOURS OF:** 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Form Date: 03/05/2008
<PAGE>   1
                                                                  EXHIBIT 10.K.1

                               TERMINATION OF THE
                             EXECUTIVE AWARD PLAN OF
                                   SONAT INC.

         El Paso Energy Corporation, a Delaware corporation ("El Paso"), as
successor to Sonat Inc., a Delaware corporation ("Sonat"), does hereby terminate
the Executive Award Plan of Sonat Inc. (the "Plan") as set forth below:

         WHEREAS, on October 25, 1999, Sonat merged with and into El Paso (the
"Merger") pursuant to the terms of the Second Amended and Restated Agreement and
Plan of Merger dated as of March 13, 1999 by and between Sonat and El Paso (the
"Merger Agreement"); and

         WHEREAS, El Paso, as successor to Sonat and pursuant to Section 6.10(a)
of the Merger Agreement, has assumed all of Sonat's obligations under the Plan;
and

         WHEREAS, the Merger was a Change of Control (as defined in the Plan);
and

         WHEREAS, El Paso has satisfied all of its obligations under the Plan
with respect to the occurrence of the Change of Control.

         NOW, THEREFORE, the Plan is hereby terminated, effective as of December
31, 1999. The termination of the Plan shall not impair any of the rights of any
holder of any award outstanding on such date without the holder's written
consent.

         IN WITNESS WHEREOF, this document has been executed by El Paso Energy
Corporation as of October 25, 1999.

                                        EL PASO ENERGY CORPORATION


                                        By: /s/ Joel Richards III
                                            ------------------------
                                            Executive Vice President
                                            Human Resources and
                                            Administration
Exhibit 31.1



CERTIFICATION PURSUANT TO

SECTION 302(A) OF THE SARBANES-OXLEY ACT
OF 2002



I, Charley Changmin Yoon, certify that:



1. I have reviewed this report on Form 10-K and all reports
on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Hyundai Auto Receivables Trust
2015-B (the “Exchange Act periodic reports”);



2. Based on my knowledge, the Exchange Act periodic reports,
taken as a whole, do 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, all of the distribution, servicing
and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange
Act periodic reports;



4. Based on my knowledge and the servicer compliance statement
required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer
has fulfilled its obligations under the servicing agreement in all material respects; and



5. All of the reports on assessment of compliance with servicing
criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria
for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act
Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material
instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.



In giving the certifications above, I have
reasonably relied on information provided to me by the following unaffiliated party: Citibank, N.A.



Date: March 15, 2019



| | By: | /s/ Charley Changmin Yoon                                    
| | --- | -------------------------------------------------------------
| |     | Name: Charley Changmin Yoon                                  
| |     | Title:  President and Secretary                              
| |     | (senior officer in charge of securitization of the depositor)
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
financial statements contained in the Company's Form 10Q for the period, ending
December 31, 1996 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           1,367
<SECURITIES>                                     8,890
<RECEIVABLES>                                    8,690
<ALLOWANCES>                                       903
<INVENTORY>                                     11,010
<CURRENT-ASSETS>                                34,346
<PP&E>                                          13,641
<DEPRECIATION>                                   5,140
<TOTAL-ASSETS>                                  43,492
<CURRENT-LIABILITIES>                            9,060
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        35,669
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    43,492
<SALES>                                          9,133
<TOTAL-REVENUES>                                 9,133
<CGS>                                            5,734
<TOTAL-COSTS>                                    5,734
<OTHER-EXPENSES>                                 5,265
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  34
<INCOME-PRETAX>                                (1,727)
<INCOME-TAX>                                     (432)
<INCOME-CONTINUING>                            (1,295)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,295)
<EPS-PRIMARY>                                   (0.22)
<EPS-DILUTED>                                   (0.22)
        

</TABLE>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7085

RON TEARIA NICHOLAS, Plaintiff - Appellant, versus ISIAH CANN, Lieutenant, Allendale Correctional Institution; T. BRYAN BYRNE, Doctor at Allendale Correctional Institution; NFN CROSBY, LPN at Allendale Correctional Institution; JOHN R. PATE, Warden, Allendale Correctional Institution, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CA-01-4480-9) Submitted: December 16, 2002 Decided: December 19, 2002 Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Ron Tearia Nicholas, Appellant Pro Se. Michael Charles Tanner, EARLY & NESS, Bamberg, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* Because Nicholas does not challenge the dismissal with prejudice of his remaining claims in his appellate brief, he has waived appellate review as to the remaining claims. See4th Cir. R. 34(b). 2 PER CURIAM: Ron Tearia Nicholas appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing without prejudice his 42 U.S.C. § 1983 (2000) complaint as it related to Defendants Isiah Cann and John Pate. * We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Nicholas v. Cann , No. CA01-4480-9 (D.S.C. June 25, 2002). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
1 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF TEXAS, 

FORT WORTH DIVISION 

CHERYL HURD, M.D., 

 Plaintiff, 

v. 

TARRANT COUNTY HOSPITAL 

DISTRICT d/b/a JPS HEALTH 

NETWORK AND JOHN PETER 

SMITH HOSPITAL, et al., 

Defendants. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

CIVIL ACTION NO. 4:22-cv-00388 

PLAINTIFF’S RESPONSE TO DEFENDANTS’ 

MOTION TO EXCLUDE TESTIMONY OF PLAINTIFF’S 

EXPERTS ADAM PORTACCI AND BRANDI KLEINMAN 

TO THE HONORABLE REED O’CONNOR, UNITED STATES DISTRICT JUDGE: 

COMES NOW CHERYL HURD, Plaintiff in the above cause, and files this, her Response 

to Defendants’ Motion to Exclude Testimony of Plaintiff’s Experts Adam Portacci and Brandi 

Kleinman and Brief in Support (the “Response”). 

As set out in the accompanying Brief filed in support of this Response, this Court should 

deny the Defendants’ Motion to Exclude Testimony of Plaintiff’s Experts Adam Portacci and 

Brandi Kleinman and Brief in Support (ECF No. 49) in all respects. The legal and factual basis for 

the requested relief is fully set out in that separate accompanying briefing, which Plaintiff herein 

incorporates by reference, as well as Plaintiff’s Appendix. 

CONCLUSION 

Plaintiff respectfully requests that the Court deny the Defendants’ Motion to Exclude 

Testimony of Plaintiff’s Experts Adam Portacci and Brandi Kleinman and Brief in Support in all 

respects and for all other relief to which she may be entitled.

Case 4:22-cv-00388-O Document 61 Filed 11/28/22 Page 1 of 2 PageID 979
2 

Respectfully submitted, 

AYRES LAW OFFICE, P.C. 

By: /s/ Christopher S. Ayres 

CHRISTOPHER S. AYRES 

State Bar No. 24036167 

csayres@ayreslawoffice.com 

R. JACK AYRES, JR. 

State Bar No. 01473000 

rjayres@ayreslawoffice.com 

One Glen Lakes Tower 

8140 Walnut Hill Lane, Suite 830 

Dallas, Texas 75231 

(972) 991-2222 – Phone 

(972) 386-0091 – Fax 

ZANER LAW, P.C. 

KARIN M. ZANER 

State Bar No. 00791183 

karin@zaner.law 

8117 Preston Road, Suite 300 

Dallas, Texas 75225 

(214) 363-5036 – Phone 

(214) 363-5046 – Fax 

ATTORNEYS FOR PLAINTIFF 

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing pleading was 

forwarded to all registered counsel via the Court’s electronic service system on the date and time of its 

submission. 

/s/ Christopher S. Ayres 

Christopher S. Ayres 

Case 4:22-cv-00388-O Document 61 Filed 11/28/22 Page 2 of 2 PageID 980
[ARTICLE] 5
[MULTIPLIER] 1,000
<TABLE>
<S>                             <C>
[PERIOD-TYPE]                   9-MOS
[FISCAL-YEAR-END]                          DEC-31-1997
[PERIOD-END]                               SEP-30-1997
[CASH]                                          30,729
[SECURITIES]                                   114,687
[RECEIVABLES]                                   54,960
[ALLOWANCES]                                     8,841
[INVENTORY]                                          0
[CURRENT-ASSETS]                               200,376
[PP&E]                                       1,004,637
[DEPRECIATION]                                  85,923
[TOTAL-ASSETS]                               1,231,004
[CURRENT-LIABILITIES]                          153,630
[BONDS]                                        715,627
[PREFERRED-MANDATORY]                                0
[PREFERRED]                                          0
[COMMON]                                           225
[OTHER-SE]                                     226,127
[TOTAL-LIABILITY-AND-EQUITY]                 1,231,004
[SALES]                                        280,148
[TOTAL-REVENUES]                               280,148
[CGS]                                                0
[TOTAL-COSTS]                                  251,927
[OTHER-EXPENSES]                                     0
[LOSS-PROVISION]                                     0
[INTEREST-EXPENSE]                              32,085
[INCOME-PRETAX]                                (3,864)
[INCOME-TAX]                                     1,411
[INCOME-CONTINUING]                            (2,453)
[DISCONTINUED]                                       0
[EXTRAORDINARY]                                 16,740
[CHANGES]                                            0
[NET-INCOME]                                    14,287
[EPS-PRIMARY]                                      .64
[EPS-DILUTED]                                        0
</TABLE>
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

CHR ISTOPHER DAVID RYAN

,

Appellant,

v.

THE STATE OF TEXAS

,

State

. §

§

§

§

§

§

§

'

' No. 08

- 1 4

- 00 167

- CR

Appeal from the

112 th District Court

of Upton County

, Texas

(TC# 05

- 05

- U790

- DPO )

O R D E R

The Court GRANTS the Appellant’s third motion for extension of time to file the brief

until October 4, 2014

. NO FURTHER MOTIONS FOR EXTENSION OF TIME TO FILE THE

APPELLANT ’S BRIEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. Don Payne , the Appellant’s Attorney, p repare the

Appellant’s brief and forward the same to this Court on or before October 4, 2014.

IT IS SO ORDERED this 3 rd day of September

, 2014

.

PER CURIAM