alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

JENNIFER VANDERSTOK, et al., 

Plaintiffs, 

v. 

MERRICK GARLAND, in his official 

capacity as Attorney General of the United 

States, et al., 

 Defendants. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 

4:22-cv-00691-O 

NOT AN LLC D/B/A JSD SUPPLY’S AND POLYMER80, INC.’S UNOPPOSED 

JOINT MOTION TO STAY RULE 54 DEADLINE 

 Not An LLC d/b/a JSD Supply (“JSD”) and Polymer80, Inc. (“Polymer80”), both 

intervenor–plaintiffs in the above-captioned case, respectfully move the Court to stay the deadline 

set forth in Federal Rule of Civil Procedure 54 for prevailing parties to move for costs and 

attorneys’ fees. The other parties to this action do not oppose this motion. 

 The Court entered Final Judgment as for claims challenging the Final Rule, see 87 Fed. 

Reg. 24,652 (Apr. 26, 2022), on July 5, 2023. (ECF No. 231). Defendants have appealed the 

Court’s summary-judgment order and final judgment, (ECF Nos. 227, 231, 234), which likely will 

affect the substance of JSD’s and Polymer80’s motions for costs and attorneys’ fees. This Court 

has already granted a materially indistinguishable motion filed by the original plaintiffs. (See ECF 

Nos. 235, 237). JSD and Polymer80 respectfully seek the same relief. 

* * * 

 For the reasons above, JSD and Polymer80 request that the Court stay their Rule 54 

deadline to file motions for costs and attorneys’ fees until 14 days following final resolution of 

Case 4:22-cv-00691-O Document 240 Filed 07/18/23 Page 1 of 4 PageID 4920
2 

Defendants’ appeal of the Court’s Opinion and Order (ECF No. 227) and Final Judgment (ECF 

No. 231). 

 Dated July 18, 2023 Respectfully submitted, 

/s/ J. Mark Brewer .

J. MARK BREWER 

Texas Bar No. 02965010 

BREWER & PRITCHARD, P.C. 

800 Bering Dr., Suite 201 

Houston, TX 77057 

Phone: (713) 209-2910 

brewer@bpaw.com 

Counsel for Not An LLC d/b/a JSD Supply 

/s/ Dennis L. Daniels Jr. . 

DENNIS L. DANIELS JR. 

Texas Bar No. 24107402 

BRADLEY ARANT BOULT CUMMINGS LLP 

3600 Fountain Place 

1445 Ross Avenue 

Dallas, TX 75202 

Phone: (214) 257-9846 

Fax: (214) 939-8787 

dldaniels@bradley.com 

Counsel for Polymer80, Inc.

 

Case 4:22-cv-00691-O Document 240 Filed 07/18/23 Page 2 of 4 PageID 4921
3 

CERTIFICATE OF CONFERENCE 

I certify that on July 18, 2023, I conferred with counsel for each of the plaintiffs and counsel 

for the defendants regarding this motion. Counsel for each of the plaintiffs and counsel for the 

defendants informed the undersigned that this motion is unopposed. 

/s/ Dennis L. Daniels Jr. 

Dennis L. Daniels Jr. 

Case 4:22-cv-00691-O Document 240 Filed 07/18/23 Page 3 of 4 PageID 4922
4 

CERTIFICATE OF SERVICE 

I certify that on July 18, 2023, the foregoing document was served, via the Court’s 

CM/ECF Document Filing System, upon the registered CM/ECF users in this action. 

/s/ Dennis L. Daniels Jr. 

Dennis L. Daniels Jr. 

Case 4:22-cv-00691-O Document 240 Filed 07/18/23 Page 4 of 4 PageID 4923
NOTICE OF APPEARANCE PAGE 1 OF 3 

D/1051472v1

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

JENNIFER VANDERSTOK; MICHAEL G. 

ANDREN; TACTICAL MACHINING, LLC, 

a limited liability company; FIREARMS 

POLICY COALITION, INC., a nonprofit 

corporation, 

Plaintiffs, 

v. 

MERRICK GARLAND, in his official 

capacity as Attorney General of the United 

States; UNITED STATES DEPARTMENT 

OF JUSTICE; STEVEN DETTELBACH, in 

his official capacity as Director of the Bureau 

of Alcohol, Tobacco, Firearms and Explosives; 

and BUREAU OF ALCOHOL, TOBACCO, 

FIREARMS AND EXPLOSIVES, 

Defendants.

Civil Action No. 4:22-cv-00691-O 

NOTICE OF APPEARANCE 

Please take notice that BENJAMIN D. PASSEY of the law firm of Cooper & Scully, P.C. 

makes her appearance on behalf of Plaintiffs, Jennifer Vanderstok, Michael G. Andren, Tactical 

Machining, LLC, a limited liability company, Firearms Policy Coalition, Inc., a nonprofit 

corporation. Mr. Passey will be joining R. Brent Cooper in the above matter; Mr. Cooper will 

remain attorney in charge for Plaintiffs. Benjamin D. Passey may be contacted as follows: 

Benjamin D. Passey 

Texas Bar No. 24125681 

COOPER & SCULLY, P.C. 

900 Jackson Street, Suite 100 

Dallas, Texas 75202 

(214) 712-9500 

(214) 712-9540 fax 

Ben.Passey@cooperscully.com 

Case 4:22-cv-00691-O Document 51 Filed 08/31/22 Page 1 of 3 PageID 664
NOTICE OF APPEARANCE PAGE 2 OF 3 

D/1051472v1

The undersigned respectfully requests the Court note his appearance. Counsel respectfully 

requests to be copied with all pleadings, discovery or other documents in this matter. 

Respectfully submitted, 

COOPER & SCULLY, P.C. 

By: /s/ Benjamin D. Passey 

R. BRENT COOPER 

Texas State Bar No. 04783250 

Email: Brent.Cooper@cooperscully.com

BENJAMIN D. PASSEY 

Texas State Bar No. 24125681 

Email: Ben.Passey@cooperscully.com

Founders Square 

900 Jackson, Suite 100 

Dallas, TX 75202 

(214) 712-9500 

(214) 712-9540 (fax) 

ATTORNEYS FOR PLAINTIFFS 

JENNIFER VANDERSTOK, 

MICHAEL G. ANDREN, TACTICAL 

MACHINING, LLC, A LIMITED 

LIABILITY COMPANY, FIREARMS 

POLICY COALITION, INC., A 

NONPROFIT CORPORATION 

Case 4:22-cv-00691-O Document 51 Filed 08/31/22 Page 2 of 3 PageID 665
NOTICE OF APPEARANCE PAGE 3 OF 3 

D/1051472v1

CERTIFICATE OF SERVICE 

I hereby certify that on 31st day of August, 2022, a true and correct copy of the foregoing 

document was served on counsel of record using the Court’s ECF filing service: 

Daniel Riess 

Trial Attorney 

Federal Programs Branch 

U.S. Department of Justice, Civil Division 

1100 L Street, N.W. 

Washington, D.C. 20005 

(202) 353-3098 phone 

(202) 616-8460 fax 

Daniel.Riess@usdoj.gov

/s/ Benjamin D. Passey 

BENJAMIN D. PASSEY

Case 4:22-cv-00691-O Document 51 Filed 08/31/22 Page 3 of 3 PageID 666
#### VILLARREAL v. STATE.

No. 24120.

Court of Criminal Appeals of Texas.

Oct. 27, 1948.

No appearance for appellant.

William N. Hensley, Crim. Dist. Atty., and M. C. Gonzales, Asst. Crim. Dist. Atty., both of San Antonio, and Ernest S. Goens, State’s Atty., of Austin, for the State.

GRAVES, Judge.

Appellant was convicted of an assault with intent to rob and given a penalty of two years in the state penitentiary.

To this charge appellant, in company with his counsel, pleaded guilty before the court and was assessed the penalty above stated.

The State introduced appellant’s statement in writing in the nature of a confession; and appellant, through his counsel of his own choice, agreed in open court and in appellant’s presence, that certain affidavits of the injured party, as well as of witnesses to the alleged occurrence, could be introduced before the trial court, and such was done without any objection thereto. We see no reason why one accused of crime cannot waive the right of the presence of 'the witnesses if he so desires.

In Porter v. State, 137 Tex.Cr.R. 473, 131 S.W.2d 964, it is said: “A defendant can waive almost any right except the right of trial by jury in a capital case. Consequently, though he may have had the right to demand that he be sworn, still he could waive such right or refuse to make any reply to the inquiry of the trial court. Not having availed himself of his privilege, the presumption obtained that he waived whatever legal right he may have had. See Goldsmith v. State, 32 Tex.Cr.R. 112, 22 S.W. 405; Barnes v. State, 61 Tex.Cr.R. 37, 133 S.W. 887; Dodd v. State, 44 Tex.Cr.R. 480, 72 S.W. 1015; Trammell v. Mount, 68 Tex. 210, 4 S.W. 377, 2 Am.St. Rep. 479; Texas & P. R. Co. v. Reid, Tex.Civ.App., 74 S.W. 99; Vogt v. Lee, Tex.Civ.App., 32 S.W.2d 688; Stair v. Smith, Tex.Civ.App., 299 S.W. 660,661; Branch’s Ann.P.C., Sec. 349, p. 199 and authorities cited.”

In the early case of Odell v. State, 44 Tex.Cr.R. 307, 70 S.W. 964, 965, it was held:

> “Defendant may waive his right to be confronted with the witnesses against him, as he can waive many other questions. * * *

> “The Cline Case (Cline v. State, 36 Tex.Cr.R. 320, 36 S.W. 1099, 37 S.W. 722, 61 Am.St.Rep. 850) only decided that the constitutional rule will be enforced when the defendant asserts his right.”

See Arts. 10a, 11 and 12, Vernon’s Ann. Tex.C.C.P. Vol. 1, and pocket parts.

*465This appellant pleaded guilty to the offense before the judge and waived the personal appearance of the witnesses. To his signed statement no obj ection was offered,, and same shows that he and others were acting together in the commission of the offense.

The judgment will be affirmed.
Exhibit 32.1

                                  CERTIFICATION

     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of
Chapter 63 of Title 18 of the United States Code), the undersigned officer of
Digital Lifestyles Group, Inc. (the "COMPANY") does hereby certify with respect
to the Quarterly Report of the Company on Form 10-Q for the period ended March
31, 2006 (the "REPORT") 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.

Dated:   August 16, 2006                By:      /s/ Andy Teng
                                                 -------------------------------
                                        Name:    Andy Teng
                                        Title:   Chief Executive Officer, Chief
                                                 Financial Officer and Chairman
                                                 of the Board


     The foregoing certification is being furnished solely pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of
the United States Code) and is not being filed as part of the Report or as a
separate disclosure document.
# Enclosure A

Negative DeclarationsSOURCE CATEGORY EPA CONTROL TECHNIQUE GUIDELINE(S)

1. Aerospace Coatings EPA-453/R-97-004, 12/97

2. Automobile and Light-duty Truck

Assembly Coatings EPA 453/R-08-006, 09/08; EPA 453/R-08-002,

09/08; EPA-450/2-77-008, 05/77

3. Dry Cleaning (Petroleum) EPA-450/3-82-009, 09/82

4. Fiberglass Boat Manufacturing EPA 453/R-08-004, 09/08

5. Flexible Package Printing EPA-453/R-06-003, 09/06

6. Large Appliances Surface Coatings EPA 450/2-77-034, 12/77; EPA 453/R-07-004, 09/07

7. Magnet Wire EPA-450/2-77-033, 12/77

8. Metal Furniture Coatings EPA-450/2-77-032, 12/77; EPA-453/R-07-005, 09/07

9. Natural Gas / Gasoline Processing EPA-450/2-83-007, 12/83

10. Paper and Fabric EPA-450/2-77-008, 05/77

11. Paper, Film, and Foil Coatings EPA-453/R-07-003, 09/07

12. Pharmaceutical Products EPA-450/2-78-029, 12/78

13. Refineries EPA-450/2-77-025, 10/77; EPA-450/2-78-036, 06/78

14. Rubber Tire EPA-450/2-78-030, 12/78

15. Ships/Marine Coating EPA-453/R-94-032, 04/94

16. Synthetic Organic Chemicals EPA-450/3-84-015, 12/84; EPA-450/4-91-031, 08/93
ANNUAL STATEMENT AS TO COMPLIANCE

COMM 2015-LC21

The undersigned, duly authorized officers of Deutsche Bank Trust Company Americas, as the Certificate Administrator (a “Certifying Servicer”) under the Pooling and Servicing Agreement,
dated as of June 1, 2015 (the “Agreement”), by and among, Deutsche Mortgage & Asset Receiving Corporation, as Depositor,
Midland Loan Services, a Division of PNC Bank, National Association, as Master Servicer
,Midland Loan Services, a Division of PNC Bank, National Association, as Special Servicer, Wilmington Trust, National Association,
as Trustee, Deutsche Bank Trust Company Americas, as Certificate Administrator, Paying Agent and Custodian, and Park Bridge Lender
Services LLC, as Operating Advisor, here by certifies in accordance with Section 10.11 of the Agreement:



| | A) | A review of such Certifying Servicer’s activities from January 1, 2018 to December 31, 2018 (the “reporting period”)
and of such Certifying Servicer’s performance under the Agreement has been made under such officer’s supervision and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | B) | That, as to the best of such officer’s knowledge, based on such review, such Certifying Servicer has fulfilled all its
obligations under the Agreement, in all material respects throughout the reporting period.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



DEUTSCHE BANK TRUST COMPANY AMERICAS

as Certificate Administrator



/s/ Ronaldo Reyes

BY: Ronaldo Reyes

Title: Vice President

Date: March 1, 2019



/s/ Karlene Collins

BY: Karlene Collins

Title: Assistant Vice President

Date: March 1, 2019
**Exhibit 32.1**

 

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

 

Pursuantto section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b)of section 1350, chapter 63 of Title 18, United States Code), theundersigned officer of NeoPharm, Inc., a Delaware corporation (the “Company”),does hereby certify with respect to the Quarterly Report of the Company on Form10-Q for the quarter ended September 30, 2005 as filed with the Securities andExchange Commission (the “10-Q Report”) that:

 

(1)                                  the 10-Q Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)                                  the information contained inthe 10-Q Report fairly presents, in all material respects, the financialcondition and results of operations of the Company.

 

 
| Dated:  November 8, 2005 | /s/  Guillermo A. Herrera |   |
|--------------------------|---------------------------|--------|
|                     | Guillermo  A. Herrera     |
|                     | Chief  Executive Officer  |

 

______________________

* This certificationshall not be deemed filed for purposes of Section 18 of the SecuritiesExchange Act of 1934, or otherwise subject to the liability of that section,nor shall it be deemed to be incorporated by reference into any filing underthe Securities Act of 1933 or the Securities Exchange Act of 1934.

 

 

----
[Federal Register Volume 65, Number 225 (Tuesday, November 21, 2000)]
[Notices]
[Pages 69952-69953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29795]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Endangered and Threatened Species Permit Application

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of application.

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

    The following applicant has applied for a permit to conduct certain 
activities with endangered species. This notice is provided pursuant to 
section 10(c) of the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531, et seq.).

Permit Number TE 007350-5

    Applicant: The Nature Conservancy, Michigan Chapter, East Lansing, 
Michigan.
    The applicant requests an amendment for their permit to take 
Mitchell's satyr (Neonympha mitchellii mitchelli). The applicant 
requests changes in TE 007350-4 to allow use of prescribed burning for 
habitat management and expand their range of activities (surveys, 
monitoring, and management) into additional areas of Michigan. 
Activities

[[Page 69953]]

are proposed for the enhancement of survival of the species in the 
wild.
    Written data or comments should be submitted to the Regional 
Director, U.S. Fish and Wildlife Service, Ecological Services 
Operations, 1 Federal Drive, Fort Snelling, Minnesota 55111-4056, and 
must be received within 30 days of the date of this publication.
    Documents and other information submitted with this application are 
available for review by any party who requests a copy to the following 
office within 30 days of the date of publication of this notice: U.S. 
Fish and Wildlife Service, Ecological Services Operations, 1 Federal 
Drive, Fort Snelling, Minnesota 55111-4056. Telephone: (612/713-5343); 
FAX: (612/713-5292), or email <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="2151445544537e7e47405243444f454453614756520f464e57">[email protected]</a>.

Lynn Lewis,
Acting Assistant Regional Director, Ecological Services, Region 3, Fort 
Snelling, Minnesota.
[FR Doc. 00-29795 Filed 11-20-00; 8:45 am]
BILLING CODE 4310-55-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### DAVILA v. McWhorter et al.

No. 16790.

Court of Civil Appeals of Texas. San Antonio.

Nov. 21, 1951.

Rankin, Kilgore & Cherry, Edinburg, for appellant.

Sawnie B. Smith, Edinburg, for appel-lees,

PER CURIAM.

Relator has filed herein a motion for leave to file a tendered petition for writ of mandamus.

An examination of this petition reveals that judgment was rendered against relator on June *29,*1950, in Cause No. A-7532, in the 92nd District Court of Hidalgo *878County. On June 30, 1950, a motion for a new trial was filed, which motion was overruled January 25, 1951. On February 14, 1951, within, twenty days after the motion for new trial was overruled, relator filed her affidavit of inability to pay costs of appeal. On February 23, 1951, respondent, W. E. Richards, filed his controverting1 affidavit. Relator alleges that she has never been able to secure a hearing upon her affidavit for numerous reasons, none of which relate to her negligence or lack of diligence.

From the above facts, it is ascertainable that relator’s motion for a new trial was overruled more than nine months prior to the time she filed this motion for leave to file petition for mandamus.

Regardless of who may have caused this delay, we must now deny this motion for leave to file, because the time within which the record can be filed in this Court has long passed. Rule 386, Texas Rules Civil Procedure, provides that the record must be filed in this Court within sixty days after the judgment or order overruling the motion for a new trial, and if this cannot be done for any reason then it becomes appellant’s duty to file, within such sixty-day period, or within a reasonable time thereafter, not exceeding fifteen days, a motion for an enlargment of the time within which to file such record, and having failed to either file the record or a motion in this Court asking for an enlargement of such time, we are now without jurisdiction to permit her to file such record. In 3-A Tex.Jur. p. 778, § 609, it is stated: “The 75 days’ time allowed for filing a motion for an extension of time within which to file a transcript and statement of facts in the Court of Civil Appeals is mandatory and jurisdictional, and may not be extended by the court. While motion filed after the expiration of 60 but within 75 days is timely, a motion not filed within 75 days leaves the appellate court without jurisdiction to do other than to dismiss it.- But when the motion is filed in time, the jurisdiction' of the court attaches and it may grant further extensions on subsequent motions filed after the 75-day period and before the expiration of the previous extension.”

It would be useless to grant the mandamus prayed for when the record can never be filed in this Court.

The motion for leave to file the petition for mandamus is overruled.
Opinion issued April 9 , 2024

In The 

## Court of Appeals
For The 

## First District of Texas

———————————— NO. 01
- 23
- 00679
- CV

——————————— IN RE CEDARCREST CEMETERY, INC. , Relat or

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator Cedarcrest Cemetery, Inc. filed a petition for writ of mandamus, asking that we order the trial court to (1) vacate its order denying relator’s motion for summary judgment, and (2) grant relator’s motion for summary judgment. 1 We deny the petition. See T EX

. R. A PP

. P. 52.8. Any pending motions are
dismissed as moot.
PER CURIAM Panel consists of Justices Goodman, Landau, and Hightower.

1 The underlying case is Maria Flores v. Cedarcrest Cemetery & Monument , cause number 1185122 , pending in the County Civil Court at Law No. 4 of Harris County, Texas, the Honorable Manpreet Monica Singh presiding.
# Official Journal C 2/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 2 |
| | |
| English edition | Information and Notices | Volume 596 January 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 2

English edition

Information and Notices

Volume 596 January 2016

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 002/1 | Interest rate applied by the European Central Bank to its main refinancing operations: 0,05 % on 1 January 2016 — Euro exchange rates | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 002/1

Interest rate applied by the European Central Bank to its main refinancing operations: 0,05 % on 1 January 2016 — Euro exchange rates

1

---

| EN | |
| --- | --- |

EN
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> U. S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                          DEC-28-1997
<PERIOD-START>                             DEC-30-1996
<PERIOD-END>                               APR-20-1997
<EXCHANGE-RATE>                                      1
<CASH>                                       2,045,417
<SECURITIES>                                         0
<RECEIVABLES>                                   46,959
<ALLOWANCES>                                         0
<INVENTORY>                                     80,914
<CURRENT-ASSETS>                             2,395,436
<PP&E>                                       5,894,674
<DEPRECIATION>                               1,156,964
<TOTAL-ASSETS>                               7,532,475
<CURRENT-LIABILITIES>                          861,346
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     9,229,195
<OTHER-SE>                                 (5,141,283)
<TOTAL-LIABILITY-AND-EQUITY>                 7,532,475
<SALES>                                      2,208,875
<TOTAL-REVENUES>                             2,208,875
<CGS>                                          665,052
<TOTAL-COSTS>                                2,283,335
<OTHER-EXPENSES>                               317,020
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              11,019
<INCOME-PRETAX>                              (391,480)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (391,480)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (391,480)
<EPS-PRIMARY>                                    (.13)
<EPS-DILUTED>                                    (.13)
        

</TABLE>