alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Third District Court of Appeal

State of Florida

Opinion filed August 23, 2017.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D17-1515

Lower Tribunal No. 17-7653

________________



### Pierre-Jean Nguyen

, Petitioner,

vs.



### Natalia Nguyen

, Respondent.

A Case of Original Jurisdiction

– Prohibition.

Barry S. Franklin & Associates, P.A. and Barry S. Franklin, for petitioner.

Hinshaw & Culbertson, LLP and Elizabeth Baker; Barakat Law, P.A. and

Brian Barakat, for respondent.

Before SUAREZ, SCALES and LUCK, JJ.

SUAREZ, J.

Petitioner Pierre-Jean Nguyen seeks the issuance of a writ of prohibition

following an order denying, as legally insufficient, an initial motion fordisqualification of the trial judge. The standard of review of a trial court's

determination on a motion to disqualify is de novo. MacKenzie v. Super Kids

Bargain Store, Inc

., 565 So. 2d 1332 (Fla. 1990); Wade v. Wade

, 123 So. 3d 697

(Fla. 3d DCA 2013).

The Florida Rules of Judicial Administration provide for the disqualification

of a judge when “the party fears that he or she will not receive a fair trial or

hearing because of specifically described prejudice or bias of the judge.” Fla. R.

Jud. Admin. 2.330(d)(1). The legal sufficiency of a motion to disqualify depends

on “whether the facts alleged would place a reasonably prudent person in fear of

not receiving a fair and impartial trial.” Livingston v. State

, 441 So. 2d 1083, 1087

(Fla. 1983); State v. Borrego

, 105 So. 3d 616, 619 (Fla. 3d DCA 2013). The

allegations of fact that are contained in the motion must be taken as true, Masten v.

State

, 159 So. 3d 996, 997 (Fla. 3d DCA 2015), and “the question of

disqualification focuses not on what the judge intended, but rather how the

message is received and the basis of the feeling.” Great Am. Ins. Co. of N.Y. v.

2000 Island Blvd. Condo. Ass'n

, 153 So. 3d 384, 390 (Fla. 3d DCA 2014) (citing

Livingston

, 441 So. 2d at 1086).

Having reviewed the petition and the transcript of the hearing referred to

therein, we conclude that the facts alleged in the motion to disqualify, which must

be taken as true, “would create in a reasonably prudent person a well-founded fear

2of not receiving a fair and impartial trial.” Rodriguez v. State

, 919 So. 2d 1252,

1274 (Fla. 2005).

We grant the writ of prohibition. We withhold formal issuance of the writ,

confident that the trial judge will promptly issue an order of disqualification. We

remand this cause for reassignment to a successor judge and for further

proceedings consistent with this opinion.

3
[Federal Register Volume 62, Number 61 (Monday, March 31, 1997)]
[Notices]
[Page 15183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8100]


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


FEDERAL EMERGENCY MANAGEMENT AGENCY

Open Meeting, Board of Visitors for the National Fire Academy

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice of open meeting.

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

SUMMARY: In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act, 5 U.S.C. App. 2, FEMA announces the following committee 
meeting:

NAME: Board of Visitors for the National Fire Academy.

DATES OF MEETING: May 29-31, 1997.

PLACE: Building J, Room 130, National Emergency Training Center, 
Emmitsburg, Maryland.

TIME: May 29, 1997, 8:30 a.m.-5 p.m.; May 30, 1997, 8:30 a.m.-9 p.m.; 
May 31, 1997, 8:30 a.m.-5 p.m.

PROPOSED AGENDA: May 29-31, 1997 Review National Fire Academy Program 
Activities.

SUPPLEMENTARY INFORMATION: The meeting will be open to the public with 
seating available on a first-come, first-served basis. Members of the 
general public who plan to attend the meeting should contact the Office 
of the Superintendent, National Fire Academy, U.S. Fire Administration, 
16825 South Seton Avenue, Emmitsburg, MD 21727, (301) 447-1117, on or 
before May 2, 1997.

    Minutes of the meeting will be prepared and will be available for 
public viewing in the Office of the Administrator, U.S. Fire 
Administration, Federal Emergency Management Agency, Emmitsburg, MD 
21727. Copies of the minutes will be available upon request 30 days 
after the meeting.

    Dated: March 17, 1997.
Carrye B. Brown,
U.S. Fire Administrator.
[FR Doc. 97-8100 Filed 3-28-97; 8:45 am]
BILLING CODE 6718-01-M
[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Notices]
[Page 16870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8927]


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

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act

    Notice is hereby given that a proposed Consent Decree in United 
States v. Conoco Inc. was lodged on March 6, 1997 with the United 
States District Court for the Western District of Louisiana. The 
parties to the Decree are Conoco Inc. (``Conoco'') and the relevant 
natural resource trustees: the National Oceanic and Atmospheric 
Administration; the Department of the Interior, and the State of 
Louisiana through the Louisiana Department of Environmental Quality, 
the Louisiana Department of Wildlife and Fisheries, and the Louisiana 
Department of Natural Resources. Under the terms of the Decree, Conoco 
agrees to implement and fund a restoration-based settlement as 
compensation for natural resource damages suffered as a result of a 
March, 1994 release of 1,2 dichloroethane (``EDC'') from Conoco's 
facility in Westlake, Louisiana. The claim being settled arose under 
Section 107 of the Comprehensive Environmental Response, Compensation, 
and Liability Act, 42 U.S.C. 9607.
    Contemporaneously with lodging the Consent Decree, the United 
States and the State of Louisiana jointly filed a complaint alleging 
that Conoco is an owner or operator of the facility that released the 
EDC within the meaning of sections 107(a)(1) and 107(a)(2) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9607(a)(1) and 9607(a)(2).
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
Department of Justice, Washington, DC 20530, and should refer to C.A. 
97-0445. United States v. Conoco, DOJ Reference Number 90-11-3-1655.
    The proposed Consent Decree may be examined at the Consent Decree 
Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005, (202) 
624-0892. A copy of the proposed Consent Decree may be obtained in 
person or by mail from the Consent Decree Library, 1120 G Street, NW., 
4th Floor, Washington, DC 20005. In requesting a copy please refer to 
the referenced case and enclose a check in the amount of $21.75 (25 
cents per page reproduction costs), payable to the Consent Decree 
Library.
Joel Gross,
Section Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 97-8927 Filed 4-7-97; 8:45 am]
BILLING CODE 4410-15-M
<PAGE>

                                                                    EXHIBIT 32.1

                               CAMBREX CORPORATION
     CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of Cambrex Corporation (the "Company")
on form 10-Q for the period ending June 30, 2008, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Steven M. Klosk,
President and Chief Executive Officer of the Company, certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), 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 6, 2008


                                        /s/ Steven M. Klosk
                                        ----------------------------------------
                                        Steven M. Klosk
                                        President and Chief Executive Officer


                                       35
# Table 7.4

# RSE 7.4

# Microsoft_Word_Document1.docx

# image1.emf

# Microsoft_Word_Document2.docx

# image2.emf
#### Frederes v. McGregor

107,340

08/29/13

Denied.

Unpublished
# Table 8.4
[Federal Register Volume 62, Number 56 (Monday, March 24, 1997)]
[Notices]
[Page 13871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7287]


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


DEPARTMENT OF DEFENSE

National Defense Panel; Notice of Meeting

SUMMARY: This notice sets forth the schedule and summary agenda for the 
meeting of the National Defense Panel on April 1 and 2, 1997. In 
accordance with Section 10(d) of the Federal Advisory Committee Act, 
Public Law No. 92-463, as amended [5 U.S.C. App. II, (1982)], it has 
been determined that this National Defense Panel meeting concerns 
matters listed in 5 U.S.C. 552b(c)(1) (1982), and that accordingly this 
meeting will be closed to the public in order for the Panel to discuss 
classified material.

DATES: April 1 and 2, 1997.

ADDRESSES: Suite 504, 1931 Jefferson Davis Hwy., Arlington, VA.

SUPPLEMENTARY INFORMATION: The National Defense Panel (NDP) was 
established on January 14, 1997 in accordance with the Military Force 
Structure Review Act of 1996, Public Law 104-201. The mission of the 
NDP is to provide the Secretary of Defense and Congress with an 
independent, non-partisan assessment of the Secretary's Quadrennial 
Defense Review (QDR) and an Alternative Force Structure Analysis to 
meet the national security challenges of the twenty-first Century.

Proposed Schedule and Agenda

    The National Defense Panel will meet in closed session from 8:30 
a.m. until 5:00 p.m. on April 1 and 2, 1997. The Panel will be 
presented classified briefings on the Deep Attack Weapons Mix Study and 
its potential impact of military investment strategy. They will also 
discuss the DoD response to recommendations on areas of further study 
in the QDR. These discussions are based upon classified information 
provided by the DoD QDR Integration Panel.

FOR FURTHER INFORMATION: Please contact the National Defense Panel at 
(703) 697-5136.

    Dated: March 18, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-7287 Filed 3-21-97; 8:45 am]
BILLING CODE 5000-04-M
# m94_04b
Amendment No. 1
                                     To The
                   EARLY PURCHASE AND PARTICIPATION AGREEMENT
                                     Between
                      Public Service Company of New Mexico
                                       and
                            M-S-R Public Power Agency

Public  Service  Company  of New  Mexico  (PNM) and M-S-R  Public  Power  Agency
(M-S-R),  collectively referred to as the Parties,  executed the San Juan Unit 4
Early  Purchase  and  Participation  Agreement  (EPPA) on  September  26,  1983,
pursuant to which PNM  conveyed to M-S-R an  undivided  28.8  percent  ownership
interest  in San Juan Unit 4.  Pursuant  to  Section  4.2.2.2  of the EPPA,  the
Parties  were to agree on the  selection  of a  municipal  bond  underwriter  to
determine an interest rate to be used in connection  with the calculation of the
"levelized  debt service cost" component of the Demand Charge  calculation.  The
purpose of this  Amendment  No. 1 is to  establish  a  different  source for the
needed interest rate other than a municipal bonds underwriter.
Therefore, the Parties agree as follows:

Section 1:

Section  4.2.2.2 of the EPPA is deleted in its  entirety  and is replaced by the
following:

         "4.2.2.2  The  annual  levelized  debt  service  cost  of  all  Capital
Improvements  shall be determined on the assumption  that M-S-R borrows money to
pay such costs and  repayment  is made on a level debt  service  basis,  without
contingency  or reserve  requirements,  over the  remaining  useful  life of the
Capital  Improvements  (or life of the plant,  whichever is less) with levelized
monthly principal and interest payments. The assumed interest rate shall be that
which M-S-R would have paid had tax exempt revenue bonds been issued.  Such rate
shall be taken from the  "Electric  Wholesale"  category of the  Municipal  Bond
Index as published  in the Wall Street  Journal on the last Friday of each month
(or as may be published on another day if the last Friday is a holiday). If this
index is  changed  or the  publication  is  discontinued  such that it no longer
serves the purposes herein, then the Parties shall choose a replacement interest
rate source."


<PAGE>


Section 2:

Except as otherwise provided in this Amendment No. 1, the provisions of the EPPA
shall remain in full force and effect.

IT WITNESS WHEREOF,  the Parties have caused this Amendment No. 1 to be executed
as of the 16th day of December 1987.

PUBLIC SERVICE COMPANY OF NEW MEXICO



By:      /s/ J. L. Wilkins
       -----------------------------
Its:     Senior Vice President
            Power Supply
       -----------------------------


M-S-R PUBLIC POWER AGENCY



By:      /s/ Kenneth H. McKinney
       -----------------------------
Its:     General Manager
       -----------------------------
III 

111TH CONGRESS 

1ST SESSION S. RES. 336 

Expressing the sense of the Senate regarding designation of the month of 

November 2009 as ‘‘National Military Family Month’’. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 4, 2009 

Mr. INOUYE (for himself, Mr. LEAHY, Mr. COCHRAN, and Mr. INHOFE) 

submitted the following resolution; which was considered and agreed to 

RESOLUTION 

Expressing the sense of the Senate regarding designation 

of the month of November 2009 as ‘‘National Military 

Family Month’’. 

Whereas military families, through their sacrifices and their 

dedication to the United States and its values, represent 

the bedrock upon which the United States was founded 

and upon which the country continues to rely in these 

perilous and challenging times: Now, therefore, be it 

1 Resolved, That— 

2 (1) it is the sense of the Senate that the month 

3 of November 2009 should be designated as ‘‘Na4 tional Military Family Month’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•SRES 336 ATS 

1 (2) the Senate encourages the people of the 

2 United States to observe ‘‘National Military Family 

3 Month’’ with appropriate ceremonies and activities. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
##### 



1.
    
    The Companys Quarterly Report on Form 10-Q for the period ended March 31, 2006, to
which this Certification is attached as Exhibit 32.2 (the Periodic Report) fully
complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act, and2.
    
    The information contained in the Periodic Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
 th
 By:
    /s/ Herm RosenmanHerm RosenmanVice President, Finance and Chief Financial Officer
#### *In re*Estate of Miller

107,134

08/19/13

Denied.

Unpublished
##### 



EXHIBIT 32.2 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section
1350, Chapter 63 of Title 18, United States Code), each of the Principal Accounting Officer and the
Trustee of Marine Petroleum Trust (the Company), does hereby certify, to such persons knowledge,
that: The Quarterly Report on Form 10-Q for the quarter ended March 31, 2005 (the Form 10-Q) of
the Company fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the
Securities Exchange Act of 1934 and the information contained in the Form 10-Q fairly presents, in
all material respects, the financial condition and results of operations of the Company as of, and
for, the periods presented in the Form 10-Q. /s/ RON E. HOOPERRon E. Hooper
Senior Vice President Royalty Management on behalf of Bank ofAmerica Private Bank, not in its individual capacity but solely asthe trustee of Marine Petroleum Trust
 Dated: May 13, 2005 A signed original of this written statement required by Section 906 has been provided to the
Company and will be retained by the Company and furnished to the Securities and Exchange Commission
or its staff upon request. The foregoing certification is being furnished as an exhibit to the Form 10-Q pursuant to Item
601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of Section 1350, Chapter 63 of Title 18, United States Code) and, accordingly, is not being
filed as part of the Form 10-Q for purposes of Section 18 of the Securities Exchange Act of 1934,
as amended, and is not incorporated by reference into any filing of the Company, whether made
before or after the date hereof, regardless of any general incorporation language in such filing. 16
##### 



(a)
    
    Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries, is
made known to us by others within those entities, particularly during the period in
which this report is being prepared;(b)
    
    Designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision, to
provide reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes in accordance with generally
accepted accounting principles;(c)
    
    Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this report
based on such evaluation; and(d)
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
(the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
  (a)
    
    All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely to
adversely affect the registrants ability to record, process, summarize and report
financial information; and(b)
    
    Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over
financial reporting.
 DATE: August 3, 2006
    
    
    
    By:
    
    /s/ Herm RosenmanHerm Rosenman
Vice President, Finance and Chief Financial
Officer
No. 11-10471.

#### Johnson *v.*United States.

C. A. 11th Cir. Certiorari denied.
|
|

|Energy Market and Economic Impacts of H.R. 2454, the American Clean Energy and Security Act of 2009                                                                               
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|Figure 24.  Average Change in Household Energy Expenditures in Main ACESA Cases, 2020 (2007 dollars).  Need help, contact the National Energy Information Center at 202-586-8800).
|Figure 24.  Average Change in Household Energy Expenditures in Main ACESA Cases, 2020 (2007 dollars).  Need help, contact the National Energy Information Center at 202-586-8800).
|Figure 24.  Average Change in Household Energy Expenditures in Main ACESA Cases, 2020 (2007 dollars).  Need help, contact the National Energy Information Center at 202-586-8800).
#### Griffin v. State

108,056

08/19/13

Denied.

Unpublished
Dismissed and Opinion Filed December 30, 2014 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05-14-00860-CV INOCENCIO COSTILLA, Appellant V. MARY LOU GARZA COSTILLA, Appellee On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-53955-2012



### MEMORANDUM OPINION Before Justices Francis, Evans, and Stoddart Opinion by Justice Francis In a letter dated Septembe r 24, 2014, the Court questioned its jurisdiction over this appeal; specifically, that the not ice of appeal was untimely. But because the notice of appeal was filed within the fifteen-d ay grace period, we instructed appell ant to file an extension motion by October 6, 2014. . See T EX
. R. A PP
. P. 26.3. We cautioned appellant that failure to file an extension motion within the time specified would resu lt in dismissal of the appeal without further notice. As of today’s date, appell ant has not filed an extension motion. The trial court signed the judgment on Apri l 1, 2014. Appellant filed both a timely request for findings of fact and conclusions of law and a timely motion for new trial. Accordingly, the notice of appeal was due on June 30, 2014, ninety days after the date the judgment was signed. See T EX
. R. A PP
. P. 26.1(a)(1). An extension of time may be granted if an–2– appellant files a notice of appeal within fiftee n days of the deadline and an extension motion.
See T EX
. R. A PP
. P. 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction.
See T EX
. R. A PP
. P. 25.1(b). Appellant filed his notice of appeal on Tuesday, July 1, 2014, one day late. Because appellant did not timely file his no tice of appeal or obtain an exte nsion of time to file his notice of appeal, we dismiss the app eal for want of jurisdiction. See T EX
. R. A PP
. P. 42.3(a).

140860F.P05 /Molly Francis/ MOLLY FRANCIS JUSTICE–3– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT
INOCENCIO COSTILLA, Appellant
No. 05-14-00860-CV V. MARY LOU GARZA COSTILLA, Appellee On Appeal from the 429th Judicial District Court, Collin County, Texas. Trial Court Cause No. 429-53955-2012. Opinion delivered by Justice Francis. Justices Evans and Stod dart, participating.

In accordance with this Court’s opi nion of this date, the appeal is DISMISSED

. It is ORDERED that appellee MARY LOU GARZA COSTILLA recover her costs of this appeal from appellant INOCENCIO COSTILLA.
Judgment entered December 30, 2014.
#### Johnson v. State

107,439

01/25/2016

Denied.

Unpublished
**Michigan Supreme Court** 

**Lansing, Michigan**

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

Nov ember 16 , 2014 

# Order

Clerk Nov ember 1 4 , 2014

Rehearing No. 604

146440 ( 1 3 0 ) (131)(132)

INTERNATIONAL BUSINESS MACHINES

CORPORATION,

Plaintiff

- Appellant,

SC: 146440

v COA: 306618

Court of Claims: 11

- 000033

- MT

DEPARTMENT OF TREASURY,

Defendant

- Appellee.

_______________________________________ /

On order of the C ourt , the motion for immediate consideration is GRANTED. It is

further ordered that the motion for rehearing and the motion to stay are DENIED

.
#### State v. Smith

111,755

04/21/2016

Denied.

Unpublished