alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Motion to Continue Sentencing

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

UNITED STATES OF AMERICA

v.

DAVID DEVANEY, JR. (02)

 No. 4:22-CR-213-P

UNOPPOSED MOTION TO CONTINUE SENTENCING HEARING

For the reasons that follow, Defendant David Devaney Jr. files this unopposed 

motion to continue his sentencing hearing for at least 30 days:

On November 1, 2022, the Court conducted a stipulated bench trial where the 

defendant stipulated that there were sufficient facts to find him guilty of the lessor included 

offense of Count 1 in the superseding indictment. (Doc. 125; 126.) The Court accepted this 

stipulation and found the defendant guilty of a 5 – 40 drug offense, pursuant to 21 U.S.C. § 

841(a)(1) and (b)(1)(B). (Doc. 126.) On January 18, 2023, the defendant timely filed his 

objections to the presentence report. (Doc. 160.) This case is set for sentencing on March 2, 

2023 at 9:00 am. Brian Poe, co-counsel of record for the defendant, is scheduled to be in 

trial in front of Chief Judge Barbara Lynn in cause number 3:21-CR-440-M—United 

States v. Grisham et al. This trial is expected to last at least two weeks. 

As a result, the Defendant respectfully requests that his sentencing hearing be 

continued for at least 30 days.

Respectfully submitted,

Case 4:22-cr-00213-P Document 193 Filed 02/01/23 Page 1 of 2 PageID 1026
Motion to Continue Sentencing

Page 2 of 2

/s/ Matthew Smid 

MATTHEW SMID

Texas Bar No. 24063541

301 Commerce Street, Suite 2001

Fort Worth, TX 76102

Telephone: 817-332-3822

Email: matt@mattsmidlaw.com

/s/ Brian D. Poe

BRIAN D. POE

Texas Bar No. 24056908

909 Throckmorton Street

Fort Worth, TX 76102

Telephone: 817-870-2022

Email: bpoe@bpoelaw.com

CERTIFICATE OF CONFERENCE

I also certify that on February 1, 2023, I have conferenced with Assistant United 

States Attorney Shawn Smith regarding this motion and AUSA Smith stated he is not 

opposed to a 30 day continuance.

/s/ Matthew Smid 

MATTHEW SMID 

CERTIFICATE OF SERVICE

I certify that on February 1, 2023, I electronically filed the foregoing document 

with the Clerk of the Court for the United States District Court, Northern District of 

Texas, using the electronic case filing system of the Court. The electronic case filing 

system sent a “Notice of Electronic Filing” to all attorneys who have consented in writing 

to accept this Notice as service of this document. 

/s/ Matthew Smid 

MATTHEW SMID 

Case 4:22-cr-00213-P Document 193 Filed 02/01/23 Page 2 of 2 PageID 1027
EXHIBIT 10.17

                                 PROMISSORY NOTE

Stamford, Connecticut
January 4, 2000

$457,496.86

         FOR VALUE RECEIVED,  Sebastian E. Cassetta promises to pay to SmartServ
Online,  Inc., a Delaware  corporation (the "Company"),  or order, the principal
sum of Four Hundred  Fifty-Seven  Thousand Four Hundred  Ninety-Six  Dollars and
Eighty-Six  Cents  ($457,46.86),  together with interest on the unpaid principal
hereof  from the date  hereof at the rate of 7.5%  [such  interest  equal to one
point  below the prime rate as of the date of this  Note] per annum,  compounded
annually.  Notwithstanding the foregoing, the principal amount of the Note shall
be subject to an automatic  reduction to the  principal  amount  pursuant to the
terms of the Purchase Agreement (as defined below).

         This Note shall be due and  payable in full on  December  29, 2003 (the
"Due Date"),  unless  accelerated as provided  herein.  Upon the  termination of
employment of Sebastian E. Cassetta from the Company for Cause, the whole unpaid
balance on this Note of principal and interest shall become  immediately  due at
the option of the holder of this Note.  In the event that  Sebastian E. Cassetta
terminates  his  employment  with the Company for Good Reason,  the whole unpaid
balance on this Note of principal and interest shall be due and payable upon the
earlier of the Due Date or six (6) months from the Date of Termination. Payments
of principal and interest  shall be made in lawful money of the United States of
America.

         The  undersigned  may at any time  prepay  without  penalty  all or any
portion of the principal owing hereunder.

         This Note is  subject  to the terms of that  certain  Restricted  Stock
Purchase  Agreement by and between the Company and Sebastian E. Cassetta,  dated
as of December 29, 1998, as amended (the "Purchase  Agreement")  and capitalized
terms used  herein  which are not  otherwise  defined  shall  have the  meanings
ascribed to them in the Purchase Agreement or in an employment agreement between
the Company and Sebastian E. Cassetta, dated as of January 1, 1999. This Note is
secured by a pledge of the Company's  Common Stock under the terms of a Security
Agreement of even date herewith (the "Security Agreement") and is subject to all
the provisions thereof.

         This Note is  intended  to  evidence  a  non-recourse  obligation  with
respect to the principal  hereof to secure the purchase of the Company's  Common
Stock  pursuant  to the  Purchase  Agreement.  Accordingly,  this Note  shall be
without recourse with respect to the principal against Sebastian E. Cassetta and
no person entitled to payment under this Note shall have any right to his assets
other than the collateral given for this Note and earnings  attributable to such
collateral or the investment of such collateral, if any. The obligation to repay
interest pursuant to the terms of this Note shall be a recourse obligation.

         This Note shall be governed and construed in  accordance  with the laws
of the State of Connecticut.


-------------------------
Sebastian E. Cassetta
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                       1,014,838
<INT-BEARING-DEPOSITS>                       2,028,029
<FED-FUNDS-SOLD>                               725,294
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 16,773,911
<INVESTMENTS-CARRYING>                      10,742,708
<INVESTMENTS-MARKET>                        10,784,635
<LOANS>                                    113,917,661
<ALLOWANCE>                                    748,547
<TOTAL-ASSETS>                             151,718,200
<DEPOSITS>                                 116,963,201
<SHORT-TERM>                                10,500,000
<LIABILITIES-OTHER>                          2,154,317
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,250,356
<OTHER-SE>                                  20,850,326
<TOTAL-LIABILITIES-AND-EQUITY>             151,718,200  
<INTEREST-LOAN>                              4,582,544
<INTEREST-INVEST>                              915,387 
<INTEREST-OTHER>                                97,489
<INTEREST-TOTAL>                             5,595,420
<INTEREST-DEPOSIT>                           2,770,705
<INTEREST-EXPENSE>                           3,072,702
<INTEREST-INCOME-NET>                        2,522,718
<LOAN-LOSSES>                                   10,000
<SECURITIES-GAINS>                               6,418
<EXPENSE-OTHER>                              1,549,816
<INCOME-PRETAX>                                392,981
<INCOME-PRE-EXTRAORDINARY>                     243,981
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   243,981
<EPS-PRIMARY>                                     0.20
<EPS-DILUTED>                                     0.20
<YIELD-ACTUAL>                                    3.20
<LOANS-NON>                                    902,000
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               738,547
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                              748,547
<ALLOWANCE-DOMESTIC>                           748,547
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
<PAGE>

                                                                    EXHIBIT 12.1

                        Eagle Family Foods Holdings, Inc.
                       Ratio of Earnings to Fixed Charges
                             (Dollars in thousands)

<TABLE>
<CAPTION>
                                                             Fifty-Two Week     Fifty-Two Week      Fifty-Two Week
                                                              Period Ended       Period Ended        Period Ended
                                                             June 28, 2003       June 29, 2002      June 30, 2001
                                                             --------------     --------------      ---------------
<S>                                                          <C>                <C>                 <C>
Adjusted Earnings
Income (loss) before income taxes                            $        1,932     $        2,422      $        (7,944)
Portion of rent representative of interest                              126                410                  337
Interest on indebtedness                                             15,662             20,632               33,399
                                                             --------------     --------------      ---------------
     Total earnings as adjusted                                      17,720             23,464               25,792
                                                             --------------     --------------      ---------------
Fixed Charges

Portion of rent representative of interest                              126                410                  337
Interest on indebtedness                                             15,662             20,632               33,399
                                                             --------------     --------------      ---------------
     Total fixed charges                                             15,788             21,042               33,736
                                                             --------------     --------------      ---------------
Surplus (deficiency) of earnings                             $        1,932     $        2,422      $        (7,944)
                                                             ==============     ==============      ===============
Ratio of earnings to fixed charges (a)                                 12.2%              11.5%                 --
                                                             ==============     ==============      ===============
</TABLE>

(a)  As earnings for the fifty-two week period ended June 30, 2001 was
     inadequate to cover fixed charges, a ratio of earnings to fixed charges for
     the period has not been presented. The deficiency of earnings to fixed
     charges was approximately $8.0 million.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 19
- 0708 IN THE MATTER OF: J.A.L., Respondent and Appellant . **ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including September 9, 2020 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

August 3 2020

08/03/2020

Case Number: DA 19-0708
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.                  

###### Department of Transportation

###### Coast Guard 

          - 33 CFR Part 117 
          - [CGD07-00-110] 

# AGENCY:

Coast Guard, DOT. 

# ACTION:

Notice of temporary deviation from regulations. 

# SUMMARY:

The Commander, Seventh Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Cortez Drawbridge (SR 64) across the Gulf Intracoastal Waterway, mile 87.4, Bradenton, Manatee County, Florida. This deviation allows the drawbridge owner to provide single leaf openings for vessel traffic. This temporary deviation is required November 27, 2000 from 8 a.m. until 4 p.m., to allow the bridge owner to safely complete maintenance to the drawbridge. 

# DATES:

This deviation is effective on November 27, 2000 from 8 a.m. until 4 p.m. 

# FOR FURTHER INFORMATION CONTACT:

Mr. Barry Dragon, Chief, Operations Section, Seventh Coast Guard District, Bridge Section at (305) 415-6743. 

# SUPPLEMENTARY INFORMATION:

The Cortez Drawbridge (SR 64) across the Gulf Intracoastal Waterway at Sarasota, FL has a vertical clearance of 25 feet above mean high water (MHW) measured at the center in the closed position. On October 30, 2000 the owner, requested a deviation from the current operating regulation in 33 CFR 117.35 which requires the drawbridge to open promptly and fully when a request to open is given. This temporary deviation was requested to allow necessary maintenance to the drawbridge in a critical time sensitive manner. 

The District Commander has granted a temporary deviation from the operating requirements listed in 33 CFR 117.35 for the purpose of maintenance of the drawbridge. Under this deviation, the Cortez Drawbridge (SR 64) need only provide single leaf openings. The deviation is effective on November 27, 2000 from 8 a.m. until 4 p.m. 

Dated: November 7, 2000. 

G.E. Shapley, 

Chief, Bridge Administration, Seventh Coast Guard District. 

[FR Doc. 00-29103 Filed 11-14-00; 8:45 am] 

BILLING CODE 4910-15-P
[Federal Register Volume 65, Number 221 (Wednesday, November 15, 2000)]
[Notices]
[Page 69072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29310]


=======================================================================
-----------------------------------------------------------------------

RAILROAD RETIREMENT BOARD


Notification of Meeting

    The Railroad Retirement Board hereby gives notice that the Board 
will meet at 11:00 a.m., November 15, 2000, in the Board Room on the 
8th floor of the agency's headquarters building located at 844 N. Rush 
Street, Chicago, Illinois. The Board, by recorded vote, has determined 
that agency business requires the scheduling of this meeting with less 
than one week notice. The subjects to be addressed at this meeting are 
the Hearings Officer Vacancy and Director of Administration/Chief 
Enterprise Architect position.
    The entire meeting will be closed to the public. The person to 
contact for more information is Beatrice Ezerski, Secretary to the 
Board, phone No. 312-751-4920.

    Dated: November 9, 2000.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 00-29310 Filed 11-13-00; 10:28 am]
BILLING CODE 7905-01-M
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

ARIANA GEORGE and RODNEY § 

BOONE, Individually and as § 

Representatives of the Estate of A.B., § 

DECEASED, §

Plaintiffs, § 

 § 

vs. § Civil Action No. 3:22-cv-1124

 § 

ACH CHILD and FAMILY SERVICES, § 

et al. § 

Defendants. § 

DEFENDANT’S UNOPPOSED MOTION TO EXTEND TIME

TO FILE A RESPONSIVE PLEADING

Defendant Greg Abbott, submits this motion to request that his deadline to file an answer 

or other responsive pleading under Fed. R. Civ. P. 12, which is currently due on October 25, 2022, 

be extended to November 8, 2022. Defendant requests this extension as Defendant’s counsel was 

only assigned to this case last week and is in the process of getting information from necessary 

parties, gathering documents, and familiarizing himself with the case. 

This is Defendant’s first request for such an extension. Plaintiff’s counsel was unopposed 

to this request. 

 We thank the Court for its time and attention to this matter. 

Respectfully submitted.

KEN PAXTON

Attorney General of Texas

BRENT WEBSTER

First Assistant Attorney General 

Case 3:22-cv-01124-S Document 18 Filed 10/25/22 Page 1 of 3 PageID 532
Page 2 of 3

GRANT DORFMAN

Deputy First Assistant Attorney General 

SHAWN COWLES

Deputy Attorney General for Civil Litigation

CHRISTOPHER D. HILTON

Chief for General Litigation Division

/s/Johnathan Stone 

JOHNATHAN STONE

Assistant Attorney General 

Texas State Bar No. 24071779

Johnathan.Stone@oag.texas.gov

LEIF A. OLSON

Special Counsel

Texas Bar No. 24032801

Leif.Olson@oag.texas.gov

BENJAMIN S. LYLES 

Assistant Attorney General 

Texas Bar No. 24094808 

Benjamin.Lyles@oag.texas.gov

Office of the Attorney General

General Litigation Division

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

(512) 475-4196 | FAX: (512) 320-0667

ATTORNEYS FOR DEFENDANT ABBOTT

CERTIFICATE OF SERVICE

I certify that that on October 25, 2022, this document was filed electronically via the 

Court’s CM/ECF system, causing electronic service upon all counsel of record.

/s/Johnathan Stone 

JOHNATHAN STONE

Assistant Attorney General 

Case 3:22-cv-01124-S Document 18 Filed 10/25/22 Page 2 of 3 PageID 533
Page 3 of 3

CERTIFICATE OF CONFERENCE

I hereby certify that on October 24, 2022, I emailed counsel for the Plaintiff, Ashley D. 

Washington, to ask if she opposed the relief requested in this motion. Counsel stated that she is 

not opposed to this motion or the relief requested herein. 

/s/Johnathan Stone 

JOHNATHAN STONE

Assistant Attorney General 

Case 3:22-cv-01124-S Document 18 Filed 10/25/22 Page 3 of 3 PageID 534
### IN THE TENTH COURT OF APPEALS

No. 10

- 21

- 00049

- CV
IN THE INTEREST OF J.B.J., J.M.J., AND J.I.J., CHILDREN

From the 170th District Court McLennan County, Texas Trial Court No. 2019

- 1730

- 4

ABATEMENT ORDER

On August 4, 2021, this Court abated this proceeding to the trial court for the trial
court to enter written findings of fact and conclusions of law within fourteen days. We
reinstate this proceeding for the purpose of entry of this Order.

The clerk of the trial court has informed the Court that the trial court has not signed

or entered the required findings and conclusions pursuant to this Court' s order

. We again
abate this proceeding to the trial court for findings of fact and conclusions of law pursuant
to the rules of civil procedure. T EX

. R. C IV

. P ROC . 296, et seq.

This Court orders the trial court to sign and deliver to the trial court clerk its
findings of fact and conclusions of law within 14 days of the date of the issuance of this

Order

. The trial court clerk is ordered to file a supplemental clerk’s record with the ClerkIn the Interest of J.B.J., J.M.J., and J.I.J., Children Page 2 of this Court within 7 days after the f indings and conclusion s are received from the trial

court

. The parties are ordered to assist the trial court to any degree necessary to ensure
the timely entry of the findings and conclusions.

PER CURIAM
Before Chief Justice Gray, Justice Johnson , and Justice Smith Motion granted Abatement Order delivered and issued September 2 9 , 2021 RWR
#### In the Matter of the Accounting of Stuart A. Monroe, as Executor of Katherine M. Bank, Deceased.

Surrogate’s Court, Queens County,

November 1, 1957.

*Joseph F. Poey*for Unity Centre.

*Francis X. Rohn*for Dorothy MacWhinney, as executrix of John G. Ray, deceased executor, petitioner.

Anthony P. Savarese, S.

The petitioner seeks advice and direction as to the payment of two charitable legacies. Under paragraph “Fifth”, subdivision “R” of the will 2%% of the residue is left to Seeing Eye Guide, Whippany, New Jersey, for the purpose of purchasing seeing eye dogs “for needy Blind War Veterans of World War II.” Although there is no such organization as Seeing Eye Guide, testatrix was apparently referring to Seeing Eye, Inc., which is located at the same *493address and dedicated to the same charitable purposes as the organization named in the will. Therefore, the court holds that the charitable bequest given by the will should be paid to Seeing Eye, Inc.

Paragraph “ Fifth ”, subdivision “ B ” of the will gives *9%*of the residue to Drew Seminary for Young Women, Carmel, New York, which has not been functioning since 1952 following an assignment for the benefit of creditors. The declared purpose of the bequest is to set up a charitable trust, “ the income only to be used for the purpose of providing tuition fees for a deserving student or students ”. Since the specific intention of the testatrix cannot be carried out, in order for her dominant charitable purpose to be fulfilled, the cy pres power should be invoked to preserve the gift. *(Matter of Neher,*279 N. Y. 370, *Matter of Merritt,*254 App. Div. 292.) Affidavits submitted by Bishop Newell, a trustee of Drew Seminary for Young Women, indicate that payment of the bequest to the Centenary College for Women, located at Hackettstown, New Jersey, would best effectuate the desire of the testatrix to provide an endowment fund for needy students at a school for girls related to the Methodist Church in New York area. The court holds that the cy pres doctrine is applicable and the Centenary College for Women is substituted for Drew Seminary for Young Women as the beneficiary of the charitable trust, which is to be administered as directed under the will and upon notice to the Attorney General of New Jersey. Account settled.

Submit decree accordingly, on notice.
UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

UNITED STATES OF AMERICA § 

 § 

VS. § CRIMINAL NO. 4:22-CR-155-Y 

 § 

WALTER LEONARD JENKINS (1) § 

ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE 

UNITED STATES MAGISTRATE JUDGE AND ADJUDGING DEFENDANT GUILTY 

The Court has reviewed all relevant matters of record in this case, 

including especially (1) the Consent to Administration of Guilty Plea 

and Allocution by United States Magistrate Judge and (2) the Report of 

Action and Recommendation on Plea Before the United States Magistrate 

Judge. No objections to either have been filed within fourteen (14) 

days of service in accordance with 28 U.S.C. § 636(b)(1). Therefore, 

the Court concludes that the report and recommendation of the magistrate 

judge on the plea of guilty is correct, and it is hereby accepted by the 

Court. Accordingly, the Court accepts the plea of guilty, and defendant 

is hereby adjudged guilty. The defendant’s sentence will be imposed in 

accordance with the Court’s sentencing scheduling order. 

SIGNED July 15, 2022. 

 

 _________________________________ 

 TERRY R. MEANS 

 UNITED STATES DISTRICT JUDGE

Case 4:22-cr-00155-Y Document 23 Filed 07/15/22 Page 1 of 1 PageID 47