alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
PLEBAN & PETRUSKA LAW, LLC, Plaintiff/Respondent, v. Thomas FRANCEL, Defendant/Appellant.

No. ED 105606

Missouri Court of Appeals, Eastern District, DIVISION TWO.

Filed: October 30, 2018

FOR APPELLANT: Michael H. James, James Hutchison & Forth, PC, 111 Westport Plaza, Suite 505, St. Louis, Missouri 63146.

FOR RESPONDENT: Michael A. Kasperek, Vincent D. Vogler, Jr., Vogler& Associates LLC, PO Box 419307, St. Louis, Missouri 63141.

Before Philip M. Hess, P.J., Robert G. Dowd, Jr., J. and Mary K. Hoff, J.

***ORDER***

PER CURIAM

Thomas Francel ("Appellant") appeals from the judgment of the trial court, after a bench trial, for Pleban & Petruska Law, LLC ("Respondent") on Respondent's claim for suit on account for legal services rendered, and a judgment for Respondent on Appellant's counterclaim for breach of contract and misrepresentation. Appellant raises three points on appeal. In points I and II, Appellant argues the trial court erred in failing to grant judgment for Appellant at the close of Respondent's case and in granting judgment for Appellant after trial, because Respondent failed to prove the charges for the legal services rendered were reasonable. In point III, Appellant contends the trial court erred in entering judgment for Respondent on his counterclaim for breach of contract by finding Appellant had not proved all the elements of his claim. We affirm. An extended opinion would have no precedential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 84.16.
Jonathan E. BRUNSON v. NORTH CAROLINA DEPARTMENT OF JUSTICE and The State of North Carolina

No. 61P19

Supreme Court of North Carolina.

June 11, 2019

Jonathan E. Brunson, for Brunson, Jonathan E.

Barry H. Bloch, Assistant Attorney General, for NC Department of Justice, et al.

***ORDER***

Upon consideration of the petition filed on the 15th of February 2019 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 11th of June 2019."
Fourth Court of Appeals

San Antonio, Texas

September 15, 2021

No. 04-21-00111-CV

Lisa FLORES,

Appellant

v.

Mario DE LA OSSA and Navy Federal Credit Union,

Appellees

From the 150th Judicial District Court, Bexar County, Texas

Trial Court No. 2020-CI-24502

Honorable David A. Canales, Judge Presiding

O R D E R

After we granted two extensions of time to file the brief, Appellant’s brief was due on 

September 7, 2021. See TEX. R. APP. P. 38.6(a). However, to date, Appellant has not filed the 

brief or a motion for extension of time to file the brief.

We ORDER Appellant to show cause in writing within TEN DAYS of the date of this 

order why this appeal should not be dismissed for want of prosecution. See TEX. R. APP.

P. 38.8(a), 42.3(b), (c); Elizondo v. City of San Antonio, 975 S.W.2d 61, 63 (Tex. App.—San 

Antonio 1998, no pet.). Appellant’s written response must include a reasonable explanation for 

Appellant’s failure to timely file the brief. See TEX. R. APP. P. 38.8(a). 

If Appellant fails to show cause as ordered, this appeal will be dismissed without 

further notice. See id. R. 42.3(b), (c); Elizondo, 975 S.W.2d at 63.

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 15th day of September, 2021.

FILE COPY
___________________________________

MICHAEL A. CRUZ, Clerk of Court

FILE COPY
|EXHIBIT 32.2
|------------



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

The undersigned hereby certifies in his capacity as Chief Financial Officer of Belrose Capital Fund LLC (the Fund), that based on his knowledge:

|    |                                                                                                                   
|--- | ------------------------------------------------------------------------------------------------------------------
|(a) | the Quarterly Report of the Fund on Form 10-Q for the quarter ended March 31, 2010 (the Report) fully complies    
|    | with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and                    
|(b) | the information contained in the Report fairly presents, in all material respects, the financial condition and the
|    | results of operations of the Fund for such period.                                                                



|Date: May 7, 2010
|-----------------



|/s/ Andrew C. Frenette
Andrew C. Frenette
Chief Financial Officer
|-----------------------------------------------------------------

A signed original of this written statement required by Section 906 has been provided to the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its staff upon request.
|EXHIBIT 32.1
|------------



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

The undersigned hereby certifies in his capacity as Chief Executive Officer of Belrose Capital Fund LLC (the Fund), that based on his knowledge:

|(a) | the Quarterly Report of the Fund on Form 10-Q for the quarter ended September 30, 2005 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934,
as amended; and
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|   
|(b) | the information contained in the Report fairly presents, in all material respects, the financial condition and the results of operations of the Fund for such period.                                            
|   



|Date: November 9, 2005
|----------------------



| | /s/ Thomas E. Faust Jr.Thomas E. Faust Jr.Chief Executive Officer
| | -----------------------------------------------------------------

A signed original of this written statement required by Section 906 has been provided to the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its
staff upon request.

---
#### The People of the State of New York, Respondent, v Rafael Delgado, Appellant.

[718 NYS2d 845]

Judgment, Supreme Court, Bronx County (Roger Hayes, J.), rendered April 29, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and crim*325inal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning identification and credibility. Concur — Rosenberger, J. P., Mazzarelli, Andrias, Rubin and Saxe, JJ.
Exhibit
10.27

    


    
      Description
of the Material Terms of Rocky Brands, Inc.’s

    

    Bonus Plan for the Fiscal
Year Ending December 31, 2010

    


    


    Messrs. Brooks, Sharp and McDonald are
eligible to receive cash bonuses under the Company’s Bonus Plan for the fiscal
year ending December 31, 2010 (the “2010 Bonus Plan”).

     

    The 2010
Bonus Plan utilizes a performance criteria based on the previous five years
EBITDA before bonuses, less capital expenditures but excluding the highest and
lowest of the five years (“Adjusted EBITDA”).  The threshold amount
for earning bonuses is 85% of the Adjusted EBITDA; provided however that the
threshold amount must not be less than is necessary to cover all financial
covenants and debt obligations (the “Threshold Amount”).  Next, 30% of
the Adjusted EBITDA above the Threshold Amount, will go into a bonus pool to be
allocated among all participants (the “Bonus Pool”).  The Bonus Pool
will then be allocated among all participants based on the relative base
compensation of each participant times an assigned base compensation multiplier
(the “Multiplier Salary”), which product for each participant would then be
compared to and calculated as a percentage of the total of the Multiplier Salary
for all participants in the Bonus Plan.

     

    Each
participant in the 2010 Bonus Plan is assigned a multiplier of base salary
ranging from 4.50 to 0.75 times base salary, and each participant will be
allocated a percentage of the Bonus Pool by calculating the participant’s
Multiplier Salary as a percentage of the Multiplier Salary for all participants
in the 2010 Bonus Plan.  It is recognized that the percentages could
change depending on changes in the participants during 2010, but the total will
always be 100%.

     

    The
multipliers of base salary for Messrs. Brooks, Sharp and McDonald are 4.50, 3.75
and 3.00, respectively.
#### The People of the State of New York, Respondent, v Daniel David, Appellant.

[719 NYS2d 560]

Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered on or about May 26, 1998, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted. *(See, Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no non-frivolous points which could be raised on this appeal.

Pursuant to CPL 460.20, defendant has the right to apply for *383leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within thirty (30) days after service of a copy of this order, with notice of entry.

Denial of the application for permission to appeal by the Judge or Justice first applied to is final and no new application may thereafter be made to any other Judge or Justice. Concur — Williams, J. P., Andrias, Lerner, Saxe and Buckley, JJ.
Internet Capital Group 2010 Performance Plan


Exhibit 10.1

Internet Capital Group 2010 Performance Plan

The Board for Directors of Internet Capital Group, Inc. (together with its wholly-owned subsidiaries, the "Company") hereby establishes this 2010 Performance Plan (this "Plan").  The purpose of the Plan is to advance the interests of the Company's stockholders by providing certain officers and other employees with bonus payments upon achievement of Company-specific 2010 goals and individual goals, as well as to help the Company attract and retain key employees.  The Company's officers and other regular employees are eligible to participate in the Plan. 

The Compensation Committee of the Company's Board of Directors (the "Committee") will administer and interpret the Plan.  All decisions and determinations of the Committee with respect to the Plan will be final and binding on all parties. 

The Company's 2010 goals include quantitative and qualitative goals.  The relative weighting of each element of the Company-specific goals is described below.

Eighty percent (80%) of the bonus potential related to Company goals is tied to accomplishment of quantitative goals.  Realization of specified aggregate revenue goals for the Company's consolidated partner companies (GovDelivery, ICG Commerce and InvestorForce) accounts for twenty percent (20%) of the potential bonus award, and achievement of specified aggregate EBITDA performance goals for these companies accounts for fifteen percent (15%) of the potential bonus award.  Realization of specified revenue goals for the Company's other core private partner companies (Channel Intelligence, Freeborders, Metastorm, StarCite and WhiteFence) accounts for ten percent (10%) of the potential bonus award, and achievement of specified EBITDA performance goals for these companies accounts for ten percent (10%) of the potential bonus award.  Fifteen percent (15%) of the potential bonus award relates to the Company's acquisition of controlling stakes in two partner companies.  Ten percent (10%) of the potential bonus award relates to the Company consummating an aggregate of $50 million of transactions pursuant to which the Company (1) strategically monetizes one or more partner companies and/or (2) issues shares of the Company's common stock for cash or in connection with one or more acquisitions.

Twenty percent (20%) of the bonus is tied to execution against the following qualitative goals:  (1) execution of strategic initiatives, (2) improvement in communicating the value of the Company's underlying assets, (3) enhancement of the ICG brand, (4) development of the Company's acquisition pipeline, (5) performance and competency of partner company executives and (6) reaction to unforeseen market/business conditions. 

Following the end of the Company's fiscal year, the Committee will evaluate the Company's 2010 performance and determine the extent to which the Company's goals and individual goals were achieved.  Based upon this assessment, the Committee will award bonuses in accordance with the terms of this Plan.
[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Page 11997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6106]


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

DEPARTMENT OF VETERANS AFFAIRS


Advisory Committee on Disability Compensation; Notice of Meeting

    The Department of Veterans Affairs (VA) gives notice under Public 
Law 92-463 (Federal Advisory Committee Act) that the Advisory Committee 
on Disability Compensation will meet on April 6-7, 2009, at the Carlton 
Room, the St. Regis Washington, DC, 923 16th and K Streets, NW., from 
8:30 a.m. to 5 p.m. each day. The meeting is open to the public.
    The purpose of the Committee is to advise the Secretary of Veterans 
Affairs on the maintenance and periodic readjustment of the VA Schedule 
for Rating Disabilities. The Committee is to assemble and review 
relevant information relating to the nature and character of 
disabilities arising from service in the Armed Forces, provide an 
ongoing assessment of the effectiveness of the rating schedule and give 
advice on the most appropriate means of responding to the needs of 
Veterans relating to disability compensation.
    The Committee will receive briefings about studies on compensation 
for Veterans with service-connected disabilities and other Veteran 
benefits programs. In the morning of April 6 and the afternoon of April 
7, the Committee will break into subcommittees to work on 
recommendations. Also, in the afternoon of April 7, time will be 
allocated for receiving public comments. Public comments will be 
limited to three minutes each. Individuals wishing to make oral 
statements before the Committee will be accommodated on a first-come, 
first-served basis.
    Interested persons may submit written statements to the Committee 
before the meeting, or within 10 days after the meeting, by sending 
them to Ms. Ersie Farber, Designated Federal Officer, Department of 
Veterans Affairs, Veterans Benefits Administration (211A), 810 Vermont 
Avenue, NW., Washington, DC 20420. Any member of the public wishing to 
attend the meeting should contact Ms. Farber at (202) 461-9728.

    Dated: March 17, 2009.

    By Direction of the Secretary.
E. Philip Riggin,
Committee Management Officer.
 [FR Doc. E9-6106 Filed 3-19-09; 8:45 am]
BILLING CODE 8320-01-P
EX-31 Rule 13a-14(d)/15d-14(d) Certification.


  I, E. Todd Whittemore, certify that:

  1.I have reviewed this report on Form 10-K and all reports on Form 10-D
    required to be filed in respect of the period covered by this report on
    Form 10-K of Lehman Mortgage Trust 2008-6 (the "Exchange Act periodic
    reports");

  2.Based on my knowledge, the Exchange Act periodic reports, taken as a
    whole, do not contain any untrue statement of a material fact or omit
    to state a material fact necessary to make the statements made, in
    light of the circumstances under which such statements were made, not
    misleading with respect to the period covered by this report;

  3.Based on my knowledge, all of the distribution, servicing and other
    information required to be provided under Form 10-D for the period
    covered by this report is included in the Exchange Act periodic reports;

  4.I am responsible for reviewing the activities performed by the
    servicers and based on my knowledge and the compliance reviews
    conducted in preparing the servicer compliance statements required in
    this report under Item 1123 of Regulation AB, and except as disclosed
    in the Exchange Act periodic reports, the servicers have fulfilled
    their obligations under the servicing agreements in all material
    respects; and

  5.All of the reports on assessment of compliance with servicing criteria
    for asset-backed securities and their related attestation reports on
    assessment of compliance with servicing criteria for asset-backed
    securities required to be included in this report in accordance with
    Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18
    have been included as an exhibit to this report, except as otherwise
    disclosed in this report.  Any material instances of noncompliance
    described in such reports have been disclosed in this report on Form
    10-K.

    In giving the certifications above, I have reasonably relied on
    information provided to me by the following unaffiliated parties: Bank
    of America, National Association, as successor by merger to LaSalle
    Bank National Association as Custodian, Newport Management Corporation
    as Sub-Contractor for Aurora Loan Services LLC, U.S. Bank National
    Association as Custodian, Wells Fargo Bank, N.A. as Trustee and
    Westlake Settlement Services, LLC as Sub-Contractor for Aurora Loan
    Services LLC.

    Dated:   March 27, 2009


    /s/ E. Todd Whittemore
    Signature

    Executive Vice President
    (Senior Officer in charge of the servicing function of Aurora Loan
    Services LLC, in its capacity as master servicer)

    Aurora Loan Services LLC, as Master Servicer
Exhibit
32.1





CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION
1350




In
connection with the accompanying Annual Report on Form 10-K of Bohai
Pharmaceuticals Group, Inc.  for the period ended June 30, 2010, I,
Hongwei Qu, Chief Executive Officer, hereby certifies pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:




1.           Such
Annual Report on Form 10-K for the year ended June 30, 2010, 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 such Annual Report on Form 10-K for the year ended June
30, 2010, fairly presents, in all material respects, the financial condition and
results of operations of Bohai Pharmaceuticals Group, Inc.





Dated:
September 28, 2010




/s/ Hongwei QuHongwei
      QuChief
      Executive Officer and
Chairman
<page>					  EXHIBIT 31.01

CERTIFICATIONS

I, Jeffrey A. Rothman, President of Demeter Management Corporation
("Demeter"), the general partner of the registrant, certify that:

1.		I have reviewed this quarterly report on Form 10-Q of the
registrant;

2.	Based on my knowledge, this report does not contain any
untrue statement of a material fact or omit to state a
material fact necessary to make the statements made, in light
of the circumstances under which such statements were made,
not misleading with respect to the period covered by this
report;

3.		Based on my knowledge, the financial statements, and other
financial information included in this report, fairly present
in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for,
the periods presented in this report;

4.		The registrant's other certifying officer and I are
responsible for establishing and maintaining disclosure
controls and procedures (as defined in Exchange Act Rules
13a-15(e) and 15d-15(e)) for the registrant and have:

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)	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

c)	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




<page>
5.	The registrant's other certifying officer and I have
disclosed, based on our most recent evaluation of internal
control over financial reporting, to the registrant's
auditors and the audit committee of Demeter's board of
directors (or persons performing the equivalent functions):

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 16, 2004      /s/Jeffrey A. Rothman
                               Jeffrey A. Rothman
                               President,
                               Demeter Management Corporation,
H. R. 5434

One Hundred Ninth Congress

of the

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and six 

An Act 

To designate the facility of the United States Postal Service located at 40 South 

Walnut Street in Chillicothe, Ohio, as the ‘‘Larry Cox Post Office’’.

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. LARRY COX POST OFFICE. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 40 South Walnut Street in Chillicothe, Ohio, 

shall be known and designated as the ‘‘Larry Cox Post Office’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Larry Cox Post Office’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.