alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
C OURT OF A PPEALS FOR THE F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Hira Azhar v. Mohammed Ali Choudhri

Appellate case number: 01

- 20

- 00169

- CV

Trial court case number: 2015

- 36895

Trial court: 312th District Court of Harris County

Appellee, Ali Choudhri, acting pro se, filed a motion for extension of time to file his appellee’s brief. After extensions granted by this Court, appellant, Hira Azhar filed her appellant’s brief on July 21, 2021. Accordingly, Choudhri’s brief wa s due to be filed on or before August 20, 2021. See T EX

. R. A PP

. P. 38.6(b).

In his motion for extension of time, Choudhri requests a sixty

- day extension to file his appellee’s brief. Choudhri’s motion represents to the Court that the extension is necessary because he “needs additional time to find counsel as he did not believe [A zhar] was actually filing a brief and continuing with the appeal until very recently.” Choudhri’s motion includes a certificate of conference representing that appellant is not opposed to the requested extension of time to file an appellee’s brief. See T EX

. R. A PP

. P. 10.1(a)(5), 10.3(a).

Choudhri’s motion for extension of time to file an appellee’s brief is granted

. Choudhri’s deadline to file his appellee’s brief is extended by a period of sixty

- days
and must be filed on or before October 19, 2021

. It is so ORDERED.

Judge’s signature: ____

/s/ Amparo Guerra

_______  Acting individually  Acting for the Court

Date: ___ August 24, 2021

___
#### Jeremy M. DEPERALTA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

No. 16-2187

United States Court of Appeals, Eighth Circuit.

Submitted: November 20, 2017

Filed: November 30, 2017

Jeremy M. Deperalta, Pro Se

Bruce E. Clark, Assistant U.S. Attorney, U.S. Attorney’s Office, Kansas City, MO, for Respondent-Appellee

Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges.

PER CURIAM.

Jeremy Deperalta appeals following the district court’s-1 order denying his 28 U.S.C. § 2255 motion. Deperalta claimed that his 63-month prison term, which was ' imposed pursuant to the advisory Sentencing Guidelines after he pleaded'guilty to being a felon in possession of a firearm, was unconstitutional in light of the Su*452preme Court’s decision in *Johnson v. United States,*— U.S. —, 135 S.Ct. 2551, 2557-58, 192 L.Ed.2d 569 (2015), invalidat.ing as unconstitutionally vague a provision of the Armed Career Criminal Act known as the “residual clause.” After the district court denied Deperalta’s motion, the Supreme Court issued *Beckles v. United States,*— U.S. —, 137 S.Ct. 886, 890, 197 L.Ed.2d 145 (2017), holding that advisory Guidelines are not subject to constitutional vagueness challenges under Due Process Clause. The judgment of the district court is thus affirmed, and counsel’s motion to withdraw is granted.

1

. The Honorable Dean Whipple, United States District Judge for the Western District of Missouri,
Exhibit 11.0    Statement re: Computation of Per Share Earnings (Unaudited)





Earnings per share were computed as follows (dollar amounts in thousands except share data):





Income

Weighted Average Shares

Per Share AmountFor the three month ended March 31, 2002:Basic Earnings per Share:Income available to common stockholders

$
705

1,465,135

$
0.48Effect of Dilutive Securities:Stock options




116,193Diluted Earnings per Share:Income available to common stockholders and assumed conversions

$
705

1,581,328

$
0.45For the three months ended March 31, 2001:Basic Earnings per Share:Income available to common stockholders

$
566

1,492,790

$
0.38Effect of Dilutive Securities:Stock options




13,730Unearned incentive plan shares




16,467Diluted Earnings per Share:Income available to common stockholders and assumed conversions

$
566

1,522,987

$
0.37




15
#### Joel David JOSEPH, Plaintiff-Appellant, v. NORDSTROM, INC.; New Balance Athletics, Inc., Defendants-Appellees.

No. 16-56895

United States Court of Appeals, Ninth Circuit.

Submitted October 23, 2017 *

Filed November 9, 2017

Joel David Joseph, Pro Se

Elizabeth Brenckman, Fish & Richardson, New York, NY, Sheryl Garko, Fish & Richardson P.C., Boston, MA, R. David Hosp, Mark Puzella, Fish *&*Richardson P.C., Boston, MA, Garrett K. Sakimae, Attorney, Fish & Richardson P.C., San Diego, CA, for Defendants-Appellees

Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2). Joseph’s requests for oral argument, set forth in his opening and reply briefs, are denied.

MEMORANDUM **

Joel David Joseph appeals pro se from the district court’s order denying his motions to reopen his diversity action alleging state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the district court’s denial of motions to alter or amend and for reconsideration. *Garamendi v. Henin,*683 F.3d 1069, 1077 (9th Cir. 2012) (Fed. R. Civ. P. 60(a)); *Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc.,*5 F.3d 1255, 1262 (9th Cir. 1993) (Fed. R. Civ. P. 60(b)). We affirm.

The district court did not abuse its discretion by denying Joseph’s motion to reopen his case or his motion to reconsider the denial of that motion because Joseph failed to demonstrate any basis for relief. *See Sch. Dist. No. 1J,*5 F.3d at 1263 (setting forth grounds for relief from judgment under Rule 60(b)); *Blanton v. Anza**769*lone,*813 F.2d 1574, 1577 (9th Cir. 1987) (setting forth grounds for relief under Rule 60(a)).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. *See Padgett v. Wright,*587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Exhibit 11
                             THERMOQUEST CORPORATION

                        Computation of Earnings per Share

                                                   Three Months Ended
                                           ----------------------------------
                                           September 28,        September 30,
                                                    1996                 1995
   --------------------------------------------------------------------------
   Computation of Primary Earnings
     per Share:

   Net Income (a)                            $ 6,728,000          $ 4,632,000
                                             -----------          -----------

   Shares:
     Weighted average shares outstanding      48,450,000           45,000,000

     Add: Shares issuable from assumed
          exercise of options (as
          determined by the application
          of the treasury stock method)                -              187,320
                                             -----------          -----------
     Weighted average shares outstanding,
       as adjusted (b)                        48,450,000           45,187,320
                                             -----------          -----------
   Primary Earnings per Share (a) / (b)      $       .14          $       .10
                                             ===========          ===========
PAGE
<PAGE>
                             THERMOQUEST CORPORATION

                  Computation of Earnings per Share (continued)

                                                    Nine Months Ended
                                           ----------------------------------
                                           September 28,        September 30,
                                                    1996                 1995
   --------------------------------------------------------------------------
   Computation of Primary Earnings
     per Share:

   Net Income (a)                            $19,257,000          $13,870,000
                                             -----------          -----------

   Shares:
     Weighted average shares outstanding      47,418,681           45,000,000

     Add: Shares issuable from assumed
          exercise of options (as
          determined by the application
          of the treasury stock method)                -              187,320
                                             -----------          -----------
     Weighted average shares outstanding,
       as adjusted (b)                        47,418,681           45,187,320
                                             -----------          -----------
   Primary Earnings per Share (a) / (b)      $       .41          $       .31
                                             ===========          ===========
```

[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Notices]
[Page 63598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25347]

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

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

Meetings

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Notice of meetings.

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

SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) plans to hold its regular committee and Board meetings 
in Washington, DC, Tuesday and Wednesday, November 18-19, 2014 at the 
times and location listed below.

DATES: The schedule of events is as follows:

Tuesday, November 18, 2014

10:00-Noon Ad Hoc Committee Meetings: Closed to Public
1:30-2:30 p.m. Ad Hoc Committee on Frontier Issues
3:00-4:00 p.m. Ad Hoc Committee Meetings: Closed to Public

Wednesday, November 19, 2014

9:30-10:00 a.m. Budget Committee
10:00-11:00 a.m. Technical Programs Committee
11:00-Noon Planning and Evaluation Committee
1:30-3:00 p.m. Board Meeting

ADDRESSES: Meetings will be held at the Access Board Conference Room, 
1331 F Street NW., Suite 800, Washington, DC 20004.

FOR FURTHER INFORMATION CONTACT: For further information regarding the 
meetings, please contact David Capozzi, Executive Director, (202) 272-
0010 (voice); (202) 272-0054 (TTY).

SUPPLEMENTARY INFORMATION: At the Board meeting scheduled on the 
afternoon of Wednesday, November 19, 2014, the Access Board will 
consider the following agenda items:

 Approval of the draft July 9 and September 10, 2014 meeting 
minutes (vote)
 Ad Hoc Committee Reports: Self-Service Transaction Machines; 
Information and Communications Technologies; Accessible Design in 
Education; Public Rights-of-Way and Shared Use Paths; Passenger 
Vessels; Frontier Issues; Transportation Vehicles; and Medical 
Diagnostic Equipment
 Budget Committee
 Technical Programs Committee
 Planning and Evaluation Committee
 Election Assistance Commission Report
 Executive Director's Report

    All meetings are accessible to persons with disabilities. An 
assistive listening system, Communication Access Realtime Translation 
(CART), and sign language interpreters will be available at the Board 
meeting and committee meetings. Persons attending Board meetings are 
requested to refrain from using perfume, cologne, and other fragrances 
for the comfort of other participants (see www.access-board.gov/the-board/policies/fragrance-free-environment for more information).

David M. Capozzi,
Executive Director.
[FR Doc. 2014-25347 Filed 10-23-14; 8:45 am]
BILLING CODE 8150-01-P
```
EXHIBIT 10.1
 
 AMENDED AND RESTATED CHANGE OF CONTROL AGREEMENT
 [Employee Name]
[Employee Address]
[Employee Address]
 
 Matrixx Company Previous Agreement Section 11
 Agreement
 .
  .
 Section 6 Section 4 Section 5




---



##### 



Section 5
 Section 7
   .
  Section 3
 .
 Change of Control
 2




---



##### 



Exchange Act
  Incumbent Board
  .
 Good Reason
 3




---



##### 



.
 Cause
 Section 15
  Disability
 .
  4




---



##### 



.
  .
  .
  .
  5




---



##### 



.
  .
  .
 Rules AAA
 .
  .
  6




---



##### 



.
    Sincerely,MATRIXX INITIATIVES, INC.By:Name:Its:
    Dated:SignatureName
 7
COURT OF APPEALS

S E C O N D D I S T R I C T O F T E X A S

CHIEF JUSTICE

 BONNIE SUDDERTH

JUSTICES

 ELIZABETH KERR

 J. WADE BIRDWELL

 DABNEY BASSEL

 DANA WOMACK

 MIKE WALLACH

 BRIAN WALKER

TIM CURRY CRIMINAL JUSTICE CENTER

401 W. BELKNAP, SUITE 9000

FORT WORTH, TEXAS 76196-0211

TEL: (817) 884-1900

FAX: (817) 884-1932

www.txcourts.gov/2ndcoa

CLERK 

 DEBRA SPISAK

CHIEF STAFF ATTORNEY

 LISA M. WEST

GENERAL COUNSEL

 CLARISSA HODGES

June 23, 2021

Hon. Brody Young Shanklin

Judge, 211th District Court

Denton County Courts Bldg.

1450 E. McKinney St., Ste. 2325

Denton, TX 76209

* DELIVERED VIA E-MAIL *

Criminal District Clerk, Denton County

P.O. Box 2146

Denton, TX 76202-2146

* DELIVERED VIA E-MAIL *

Kristin R. Brown

The Law Office of Kristin R. Brown, 

PLLC

17304 Preston Rd Ste 1250

Dallas, TX 75252-4632

* DELIVERED VIA E-MAIL *

Hon. David L. Evans

Regional Presiding Judge

Tom Vandergriff Civil Courts Building

100 N. Calhoun, 4th Floor

Fort Worth, TX 76196

* DELIVERED VIA E-MAIL *

Andrea Simmons

Asst. Criminal District Attorney

1450 E. McKinney, Ste. 3100

Denton, TX 76202

* DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 02-19-00366-CR, 02-19-00367-CR

Trial Court Case Number: F17-2556-211, F19-1660-211

Style: David Larson, Jr.

v.

The State of Texas

Today the Second Court of Appeals corrected a page in the opinion issued on 

June 17, 2021 in the above-referenced cause. 

FILE COPY
02-19-00366-CR

June 23, 2021

Page 2

Page 4 is to be substituted for the original page 4 of the opinion in the above 

referenced cause. The page contains no substantive changes affecting the result of the 

opinion.

The opinion with the corrected page can be viewed on our Court’s webpage at: 

http://www.txcourts.gov/2ndcoa.

Respectfully yours,

DEBRA SPISAK, CLERK

FILE COPY
# L_2007025EN.01001201.xml

| 1.2.2007 | EN | Official Journal of the European Union | L 25/12 |
| --- | --- | --- | --- |

1.2.2007

EN

Official Journal of the European Union

L 25/12

---

Corrigendum to Commission Decision 2004/90/EC of 23 December 2003 on the technical prescriptions for the implementation of Article 3 of Directive 2003/102/EC of the European Parliament and of the Council relating to the protection of pedestrians and other vulnerable road users before and in the event of a collision with a motor vehicle and amending Directive 70/156/EEC

(
  Official Journal of the European Union L 31 of 4 February 2004
  )

On page 23, the second sentence of the second paragraph of point 2.2 of Part I of the Annex:

for:

‘If this condition is met, either the vehicle shall be adjusted to the design position, or all further measurements shall be adjusted, and tests performed, to simulate the vehicle being at the design position.’,

read:

‘If this condition is not met, either the vehicle shall be adjusted to the design position, or all further measurements shall be adjusted, and tests performed, to simulate the vehicle being at the design position.’

---
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   MAR-31-2000
<CASH>                                         30,950
<SECURITIES>                                   0
<RECEIVABLES>                                  1,665
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         359,160
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 529,569
<CURRENT-LIABILITIES>                          0
<BONDS>                                        371,500
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       29
<OTHER-SE>                                     100,415
<TOTAL-LIABILITY-AND-EQUITY>                   529,569
<SALES>                                        0
<TOTAL-REVENUES>                               2,314
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             764
<INCOME-PRETAX>                                1,550
<INCOME-TAX>                                   (347)
<INCOME-CONTINUING>                            1,203
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   1,203
<EPS-BASIC>                                    1.57
<EPS-DILUTED>                                  1.57



</TABLE>
# Official Journal C 149I/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 149I |
| | |
| English edition | Information and Notices | Volume 6427 April 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 149I

English edition

Information and Notices

Volume 6427 April 2021

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2021/C 149 I/01 | Council Decision of 13 April 2021 appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Italy | 1 |
| | NOTICES FROM MEMBER STATES |
| 2021/C 149 I/02 | Information communicated by Member States regarding closure of fisheries | 3 |
| 2021/C 149 I/03 | Information communicated by Member States regarding closure of fisheries | 4 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2021/C 149 I/01

Council Decision of 13 April 2021 appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Italy

1

NOTICES FROM MEMBER STATES

2021/C 149 I/02

Information communicated by Member States regarding closure of fisheries

3

2021/C 149 I/03

Information communicated by Member States regarding closure of fisheries

4

---

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

EN
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                         696,749
<SECURITIES>                                         0
<RECEIVABLES>                                2,416,338
<ALLOWANCES>                                    45,229
<INVENTORY>                                  4,493,407
<CURRENT-ASSETS>                             8,442,979
<PP&E>                                       1,730,401
<DEPRECIATION>                               1,073,363
<TOTAL-ASSETS>                               9,100,017
<CURRENT-LIABILITIES>                        2,438,823
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     4,648,650
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 9,100,017
<SALES>                                     14,225,703
<TOTAL-REVENUES>                            14,225,703
<CGS>                                       10,696,548
<TOTAL-COSTS>                               10,696,548
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (10,662)
<INCOME-PRETAX>                              1,586,488
<INCOME-TAX>                                   366,400
<INCOME-CONTINUING>                          1,220,088
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,220,088
<EPS-PRIMARY>                                     0.45
<EPS-DILUTED>                                        0
        

</TABLE>
#### BILTMORE AVENUE CONDOMINIUM ASSOCIATION, INC., Plaintiff-Appellant, v. HANOVER AMERICAN INSURANCE COMPANY, Defendant-Appellee.

No. 17-1332

United States Court of Appeals, Fourth Circuit.

Submitted: November 30, 2017

Decided: December 20, 2017

R. Steven DeGeorge, ROBINSON BRADSHAW & HINSON, P.A., Charlotte, North Carolina, for Appellant. Kevin M. O’Brien, Robert M. Kennedy, Jr., Anna Pulliam Cathcart, PHELPS DUNBAR, LLP, Raleigh, North Carolina, for Appel-lee.

Before GREGORY, Chief Judge, and AGEE and DIAZ, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Biltmore Avenue Condominium Association, Inc., appeals the district court’s order granting summary judgment to Hanover American Insurance Company on Bilt-more’s claim pursuant to the North Carolina Unfair and Deceptive Trade Practices Act, N.C. Gen. Stat. 75-1.1 (2015). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Biltmore Ave. Condominium Ass’n v. Hanover Amer. Ins. Co.,*No. 1:15-cv-00043-MR-DLH, 2017 WL 927259 (W.D.N.C. Mar. 8, 2017). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED*