alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued March 4, 2014

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 11
- 0 1032
- CV

——————————— STEWART & STEVENSON, LLC , Appellant V. BRADY FORET , Appellee
On Appeal from the 80 th District Court Harris County, Texas Trial Court Ca se No. 2009
- 80709

MEMORANDUM OPINION Appellant, Stewart & Stevenson, LLC, has filed a motion to dismiss the appeal, informing us that the parties have reached a settlement agreement. See
T EX
. R. A PP
. P. 42.1(a)(1). Appellant asserts that, “ [i] n their settlement, the parties agreed ‘to the entry of a Final Judgment with all claims asserted against [Stewart &2 Stevenson, LLC] being dismissed with prejudice, with all taxable court costs to be borne by the party incurring same. ’ ” To effectuate their agreement, a ppellant

r equest s that we “set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the agreement. ” See id. 42.1(a)(2)(B). Appellant further asserts that it attempted to confer with appellee regarding its motion, but cannot state that no party opposes the motion. See T EX
. R. A PP
. P. 10.1(a). Ten days have passed, however, and appellee has not filed a response in opposition. See id . 10.1(b) (providing that court may determine motion before response is filed), 10.3(a) (providing, in pertinent part, that court should not hear or determine motion until ten days after motion is filed, unless motion states that parties have conferred and no party opposes motion). Accordingly, we grant the motion , set aside the trial court’s judgment without regard to the merits , remand this ca se to the trial court for rendition of judgment in accordance with the parties’ agreement , and d ismiss the appea l

. See
T EX
. R. A PP
. P. 42.1(a)(2)(B)

. Appellant does not request that this Court’s opinion , issued August 15, 2013 , be withdrawn. See id. 42.1(c). We vacate our judgment of August 15, 2013 and issue a new judgment in its stead.3 Pursuant to the parties’ agreement, costs incurred by reason of this appeal shall be borne by the party incurring same

. See id. 42.1(d). We dismis s as moot any other pending motions, including appellant’s motion for rehearing

. PER CURIAM Panel consists of Justices Jenn ings , Brown, and Huddle

.
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                           AND CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Tiens Biotech Group (USA), Inc. (the
"Registrant") on Form 10-Q for the three months ended March 31, 2006 as filed
with the Securities and Exchange Commission (the "Report"), each of the
undersigned, Jinyuan Li, Chief Executive Officer and Chairman of the Registrant
and Wenjun Jiao, Chief Financial Officer of the Registrant, certifies, pursuant
to 18 U.S.C. Section 1350, as adopted by Section 906 of the Sarbanes-Oxley Act
of 2002, that, to the best of his knowledge:

1.   The Report fully complies in all material respects 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
     Registrant as of and for the period covered by the Report.

Pursuant to the rules and regulations of the Securities and Exchange Commission,
this certification is being furnished and is not deemed filed.

Date: May 15, 2005
                                          /s/ Jinyuan Li
                                          --------------------------------------
                                          Jinyuan Li
                                          Chief Executive Officer and President
                                          (Principal Executive Officer)

Date: May 15, 2006
                                          /s/ Wenjun Jiao
                                          --------------------------------------
                                          Wenjun Jiao
                                          Chief Financial Officer
                                          (Principal Accounting Officer)
[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Page 10601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4988]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Center for Scientific Review; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review, Special 
Emphasis Panel Virology.
    Date: March 12, 2009.
    Time: 1:30 p.m. to 3:30 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6701 Rockledge Drive, 
Bethesda, MD 20892 (Telephone Conference Call).
    Contact Person: Marian Wachtel, PhD, Scientific Review Officer, 
Center for Scientific Review, National Institutes of Health, 6701 
Rockledge Drive, Room 3208, MSC 7858, Bethesda, MD 20892. 301-435-
1148. <a href="/cdn-cgi/l/email-protection#3d4a5c5e55495851507d5e4e4f13535455135a524b"><span class="__cf_email__" data-cfemail="d6a1b7b5bea2b3babb96b5a5a4f8b8bfbef8b1b9a0">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.


(Catalogue of Federal Domestic Assistance Program Nos. 93.306, 
Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 
93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, 
National Institutes of Health, HHS)
    Dated: March 3, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-4988 Filed 3-10-09; 8:45 am]
BILLING CODE 4140-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
**MEMORANDUM**

**DATE:** 06/18 /2014 **FROM:** Laura Farris/EPA Region 8 **TO:** Clean Power Plan for Existing Power Plants; Docket Id: OAR

– 2013

- 0602 **SUBJECT:** Region 8’s Regional Tribal Operations Committee Meeting held on 06/18 /2014

**SUMMARY :** 
EPA Region 8 ’s Climate Change Coordinator, Laura Farris, presented information on the proposed Clean Power Plan for E xisting Power Plants at the Region 8 Regional Tribal Operations Committee Meeting held on 06/18 /2014

. The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014.

**ATTENDEES:**

**EPA Region 8**  Alfreda Mitre Laura Farris Blake Huff Diana Hammer Jennifer Wintersteen

**Tribal Members** Deb Madison Environmental Director Assiniboine & Sioux Tribe Gerald W agner Environmental Director Blackfeet Tribe David D. Nelson Environmental Director Cheyenne River Sioux Tribe Mike Durglo Environmental Director Confederated Salish & Kootenai Tribes Wa nda Gourneau Environmental Director Crow Creek Sioux Tribe Connie Howe Envi ronmental Director Crow Tribe Ryan Ortiz Environmental Director Eastern Shoshone & Northern Arapaho Tribes Ina Nez Perce Environmental Director Gros Ventre and Assiniboine Tribes George Honeywell Environmental Director Lower Brule Sioux Tribe Charlene Alden Environmental Director Northern Cheyenne Tribe Suzy (Lloydell) Mesteth Environmental Director Oglala Sioux Tribe Gaylord Robb Environmental Director Paiute Indian Tribe of Utah Kevin Boyd Environmental Director Rosebud Sioux Tribe Jerry Eastman Actin g Env. Director, Sisseton

-Wa hpeton Oyate Tom Johnson Division Head Southern Ute Indian Tribe Joshua Tweeton Environmental Director Spirit Lake Nation Allyson Two Bears Environmental Director Standing Rock Sioux Tribe Edmund Baker Environmental Director Three Affiliated Tribes Cora Champagn Environmental Director Turtle Mountain Band of Chippewa Ferron Sacakuku Director Ute Indian Tribe Scott Clow Environmental Director Ute Mountain Ute Tribe Richard Leasure Environmental Director Yankton Sioux Tribe

**ATTACHMENTS** 111d Presentation
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated Statement of Income and the Consolidated Statement of Financial
Position and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          30,462
<SECURITIES>                                         0
<RECEIVABLES>                                  381,083
<ALLOWANCES>                                    18,487
<INVENTORY>                                     79,161
<CURRENT-ASSETS>                               724,228
<PP&E>                                       3,717,557
<DEPRECIATION>                               1,335,201
<TOTAL-ASSETS>                               3,633,404
<CURRENT-LIABILITIES>                          947,195
<BONDS>                                      1,252,040
<PREFERRED-MANDATORY>                          173,809
<PREFERRED>                                          0
<COMMON>                                           673
<OTHER-SE>                                     783,895
<TOTAL-LIABILITY-AND-EQUITY>                 3,633,404
<SALES>                                              0
<TOTAL-REVENUES>                             1,997,268
<CGS>                                                0
<TOTAL-COSTS>                                1,785,975
<OTHER-EXPENSES>                                 2,620
<LOSS-PROVISION>                                29,425
<INTEREST-EXPENSE>                              77,781
<INCOME-PRETAX>                                148,944
<INCOME-TAX>                                    36,375
<INCOME-CONTINUING>                            112,569
<DISCONTINUED>                                   1,595
<EXTRAORDINARY>                                 36,176
<CHANGES>                                            0
<NET-INCOME>                                   150,340
<EPS-PRIMARY>                                     2.25
<EPS-DILUTED>                                        0
        

</TABLE>
http://www.dot.state.ak.us/stwdav3/16/2012
<Page>

                                                                    EXHIBIT 99.2



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



    In connection with the quarterly report of American Achievement Corporation
on Form 10-Q/A for the period ending May 25, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, David G. Fiore,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:



    (1) The Report fully complies with requirements of Section 13(a) or
       15(d) of the Securities and Exchange Act 1934; and



    (2) The information contained in the Report fairly presents, in all material
       respects, the financial condition and results of operations of American
       Achievement Corporation.



<Table>
<S>                                                    <C>  <C>
Dated: September 9, 2002                                                /s/ DAVID G. FIORE
                                                            -----------------------------------------
                                                                          David G. Fiore
                                                                     CHIEF EXECUTIVE OFFICER
</Table>
Regulatory Evaluation

Docket No. FAA-2014-0159 Directorate Identifier: 2014-NE-01-AD

If you make changes to the values in the table below, you must ensure the totals update accordingly. If 

they do not, click (or Tab) into and then out of the changed cell.

Estimated Costs:

Action

(e.g., Inspection, 

replacement)

Do not include oncondition costs here

Costs per Product (e.g., aircraft, engine, 

propeller, appliance)

Work-hours

(include 

access, testing, 

and close-up)

Labor 

cost 

(@$85/h

our)

Parts Cost Total Costs 

(labor + 

parts)

Number of 

U.S. 

Registered 

Products

Total Cost 

for U.S. Fleet

1.0 $ 85.00 $682 $ 767.00 180 $138,060.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

$ 0.00 $ 0.00 $ 0.00

The known number of products in compliance: 0

Total Costs of compliance for U.S. fleet: $138,060

Costs covered under warranty (if known) $

On-Condition Costs:

Action

(e.g., Inspection, 

replacement)

Work-hours 

(include access, 

testing, and closeup)

Labor cost 

(@$85/hour)

Parts Cost Cost per Product

$ 0.00 $ 0.00

$ 0.00 $ 0.00

$ 0.00 $ 0.00

$ 0.00 $ 0.00

Special considerations for Economic Analysis (Use this field to explain anything in the Estimated Costs table 

that was assumed or might not be obvious. This field can also be used to explain warranty costs):
Executive Order 12866:

Could the AD be considered a “significant regulatory action”?

YES* NO 

*Explanation: 

DOT Regulatory Policies and Procedures:

Is the AD significant? 

YES* NO 

*Explanation: 

Regulatory Flexibility Act:

Will the AD have a significant economic impact on a substantial number of small entities? Explain for 

either a Yes or No answer.

YES NO 

Explanation: 

Intrastate Aviation in Alaska:

This AD could affect intrastate aviation in Alaska. Is it appropriate to include specific requirements for 

aircraft operated in Alaska where aviation might be the only mode of transportation?

YES* NO 

*Explanation:
STATE of North Carolina v. Zaquell Shabazz HOWARD

No. COA18-660

Court of Appeals of North Carolina.

Filed: March 26, 2019

VACATED IN PART. REMANDED WITH INSTRUCTIONS.
# C_2016355EN.01000301.xml

| 28.9.2016 | EN | Official Journal of the European Union | C 355/3 |
| --- | --- | --- | --- |

28.9.2016

EN

Official Journal of the European Union

C 355/3

---

Information communicated by Member States regarding closure of fisheries

(2016/C 355/03)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 12.9.2016 |
| --- | --- |
| Duration | 12.9.2016-31.12.2016 |
| Member State | France |
| Stock or Group of stocks | RJU/07D. |
| Species | Undulate ray (Raja undulata) |
| Zone | Union waters of VIId |
| Type(s) of fishing vessels | — |
| Reference number | 31/TQ72 |

Date and time of closure

12.9.2016

Duration

12.9.2016-31.12.2016

Member State

France

Stock or Group of stocks

RJU/07D.

Species

Undulate ray (Raja undulata)

Raja undulata

Zone

Union waters of VIId

Type(s) of fishing vessels

—

Reference number

31/TQ72

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
STATE of Missouri, Respondent, v. David B. PORTER, Appellant.

WD 79768

Missouri Court of Appeals, Western District.

ORDER FILED: October 31, 2017 Application for Transfer to Supreme Court Denied December 14, 2017

Joshua D. Hawley, Attorney General, and Christine Lesicko, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Damien de Loyola, District Defender, Kansas City, MO, Attorney for Appellant.

*778Before Division IV: Mark D. Pfeiffer, Chief Judge, and Gary D. Witt and Edward R. Ardini, Jr., Judges

**Order**

Per Curiam:

Mr. David B. Porter appeals from the judgment entered by the Circuit Court of Jackson County, Missouri, following a jury trial in which he was found guilty of two counts of first-degree child molestation. Because a published opinion would have no precedential value, a memorandum of law has been provided to the parties. The judgment is affirmed. Rule 30.25(b).
ex10_23.htm




Exhibit 10.23












 


PROJECT ASSIGNMENT







This Project Assignment is issued under the Independent Contractor Services Agreement (“Original Agreement”) dated August 14, 2008, between Scientific Learning Corporation of Oakland, California (“SLc”) and School Executive Consulting, Inc. of Dallas, Texas (“Contractor”).







Services to be performed:


Under the direction of the CEO or the person to whom he delegates this role, provide executive-level marketing and sales consulting services on a nationwide basis, including but not limited to (1) activities nationwide directed toward increasing the awareness about the Fast ForWord products and the research behind the products and (2) assisting in the organization of a team of prominent educational authorities in Texas to support SLC’s marketing and sales activities in Texas under the direction of the Regional Sales Director.







Time Period during which Services will be performed:


The term of this Project Assignment will begin January 1, 2011 and end December 31, 2011.







Fees for Services:


SLC will pay Contractor a consulting fee of $3,333 per month.







Expenses:


SLC will also reimburse Contractor for reasonable travel, lodging, phone, mileage and meal expenses incurred in connection with the performance of services under this Agreement provided that Contractor has obtained prior approval from Contractor’s principal SLC contact and submits verification of such expenses as SLC may require.







Payment Requirements:


SLC will pay Contractor the monthly consulting fee by the 15th of the applicable month, without the need for invoice.  For expenses, Contractor shall invoice SLC.  SLC will pay invoices within thirty (30) days of receipt.







Note:          This Project Assignment is governed by the terms of an Independent Contractor Services Agreement in effect between SLc and Contractor.  Any item in this Project Assignment which is inconsistent with that Agreement is invalid.








	
Signed:

	
/s/ Cheryl Leatherbury

	  	
/s/ Mike Moses


	
 

	
For Client Hiring Manager

	  	
For Contractor


	  	  	  	  
	
Dated:

	
1/4/11

	  	
1/3/11
as guidelines and the "[fl allure to adhere to the standards does not, in and 

of itself, constitute ineffective assistance of counsel"). We disagree with 

Armora's contention. 

"A district court may, in its discretion, grant a defendant's 

[presentence] motion to withdraw a guilty plea for any substantial reason 

if it is fair and just." Woods v. State, 114 Nev. 468, 475, 958 P.2d 91, 95 

(1998) (internal quotations omitted). At the hearing on his motion, 

Armora's former counsel testified that although he was unable to accept 

collect telephone calls from inmates, he did in fact meet several times with 

Armora and thoroughly discussed the plea negotiations and agreement 

with him prior to the entry of his plea. Based on the totality of the 

circumstances, the district court determined that Armora "fail[ed] to 

establish any substantial, fair, and just reason to withdraw [his] plea" or 

prejudice, and that his plea was entered voluntarily, knowingly, and 

intelligently. See Crawford v. State, 117 Nev. 718, 722, 30 P.3d 1123, 

1125-26 (2001). We conclude that Armora failed to satisfy his burden and 

prove that his plea was invalid, see Molina v. State, 120 Nev. 185, 190, 87 

P.3d 533, 537 (2004), and the district court did not abuse its discretion by 

denying his motion, Johnson v. State, 123 Nev. 139, 144, 159 P.3d 1096, 

1098 (2007) ("This court will not reverse a district court's determination 

SUPREME COURT 

OF 

NEVADA 

(0) 1947A 

2 
Gibbons 

J. 

J. 

HIMMEMMITZEIMBEIVI 1112§114E011 WE 

concerning the validity of a plea absent a clear abuse of discretion."). 

Accordingly, we 

ORDER the judgment of conviction AFFIRMED. 2 

Douglas 

cc: Hon. Jennifer P. Togliatti, District Judge 

Hon. Linda Marie Bell, District Judge 

Law Office of Betsy Allen 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

2The fast track statement does not comply with NRAP 3C(h)(1) and 

NRAP 32(a)(4) because it does not contain 1-inch margins on all four sides. 

The fast track statement and response do not comply with NRAP 3C(h)(1) 

and NRAP 32(a)(4) because it appears that the text is not double-spaced. 

Counsel for the parties are cautioned that the failure to comply with the 

briefing requirements in the future may result in the imposition of 

sanctions. See NRAP 3C(n). 

SUPREME COURT 

OF 

NEVADA 

(0) I947A 

3