alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Mary C. EGGEMEYER, Respondent, v. Lester L. EGGEMEYER, Appellant.

No. ED 105668

Missouri Court of Appeals, Eastern District, Division Three.

Filed: May 22, 2018 Motion for Rehearing and/or Transfer to Supreme Court Denied June 27, 2018 Application for Transfer Denied September 25, 2018

Susan F. Jacobsen, 5257 Shaw Avenue, Suite 221, Saint Louis, MO. 63110, for appellant.

Jane E. Tomich, 309 N. Main Street, Suite 210, St. Charles, MO. 63301, for respondent.

Before Gary M. Gaertner, Jr., P.J., Robert M. Clayton III, J., Angela T. Quigless, J.

***ORDER***

PER CURIAM.

*64Lester L. Eggemeyer ("Husband") appeals from the judgment of the Circuit Court of St. Charles County dissolving his marriage to Mary C. Eggemeyer ("Wife"). Husband asserts six points on appeal. Husband argues the trial court erred in entering Wife's proposed judgment without modification, finding Husband squandered or secreted marital retirement assets, failing to properly value the parties' marital assets, awarding Wife her marital retirement funds in the form of a cash judgment without considering tax consequences, awarding Wife $1,000 in modifiable maintenance, and ordering Husband to pay $20,000 of Wife's attorney's fees. We have reviewed the briefs of the parties and the record on appeal, and we find the trial court did not err. An extended opinion would have no jurisprudential purpose. We have, however, provided a memorandum setting forth the reasons for our decision to the parties for their use only. We affirm the judgment pursuant to MO. R. CIV. P. 84.16(b) (2016).
Letter Agreement



 Exhibit 10.10 
 October 29, 2009 
 Mr. Robert Box, COO 
 ADS Alliance Data Systems, Inc. 
 220 W. Schrock
Road 
 Westerville, OH 43081 
 RE: 220
W. Schrock Rd., Westerville, OH Lease Renewal 
 Dear Mr. Box: 
 I am writing to confirm our agreement on the principal terms of a renewal of the above referenced lease. Specifically, the lease would continue under its current terms, except that: 
  

	 	(i)	The expiration date would be extended to May 31, 2014; 

  

	 	(ii)	Alliance Data would have an option to extend the lease from June 1, 2014 to May 31, 2019, at a Fixed Minimum Rent of $10.14/s.f.; 

  

	 	(iii)	Continental/Landlord would provide a Tenant Improvement Allowance of $200,000 for the renovation of restrooms described in plans provided by Alliance Data. Terms for
distribution of these funds shall be further described in the lease amendment. Work would be controlled and performed by alliance Data per the plans it recently submitted to Continental/Landlord. Alliance Data would be responsible for all permits
and fees associated with improvements; and 

 In addition, Continental/Landlord would use its best efforts to persuade the City of
Westerville to extend the incentives dated July 2006. However, items (i) through (iii) are not contingent on the success of those efforts. 
 If you have any questions, please feel free to call me at (614) 883-1066. On behalf of Continental and the Landlord we look forward to continuing our relationship with Alliance Data. Thank you for your time and consideration. If this
is acceptable, please acknowledge below and we will draft a lease amendment immediately for your review. 
 This non binding offer is open for
acceptance until Friday, November 13, 2009. Neither Landlord or Tenant will be bound to any terms and conditions until lease amendment is executed and delivered by the parties herein. 
  

					
	Sincerely,	 		 	
			
	CONTINENTAL REALTY, LTD.	 		 	Approved by ADS Alliance Data Systems, Inc.
			
	/s/ Thomas J. Sugar	 		 	/s/ Robert Box - COO
NO. 07-07-0350-CR

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL E

	JULY 18, 2008

	______________________________

	LEONESEO SANCHEZ, 

									Appellant

	v.

	THE STATE OF TEXAS, 

									Appellee

	_________________________________

	FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;

	NO. 2007-415,449; HON. JIM BOB DARNELL, PRESIDING

	_______________________________

				     Abatement and Remand

			       _______________________________

Before QUINN, C.J., HANCOCK, J., and BOYD, S.J.1

	Leoneseo Sanchez (appellant) filed a notice of appeal from his conviction of two counts of aggravated assault with a deadly weapon.  On September 11, 2007, the trial court filed a certification representing that appellant has the right of appeal.  However, the appellate record reflects that appellant failed to sign the certification pursuant to Texas Rule of Appellate Procedure 25.2(d) which requires the certification to be signed by appellant and a copy served on him.2  By letter dated April 28, 2008, we notified the court that a supplemental record containing a properly executed certification should be filed with this court within 45 days.  To date, no such record has been received. 

	Consequently, we abate the appeal and remand the cause to the 140th District Court of Lubbock County (trial court) for further proceedings.  Upon remand, the trial court shall take such action necessary to secure and file with this court a certificate of right to appeal that complies with Texas Rule of Appellate Procedure 25.2(d) by August 18, 2008.  Should additional time be needed to perform this task, the trial court may request the same on or before August 18, 2008.

	It is so ordered.

							Per Curiam

Do not publish.
CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002







I, David J. Gallagher, Chief Financial Officer of QSound Labs, Inc., do hereby certify that, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the information contained in the Annual Report on Form 20-F for the year ended December 31, 2005 of QSound Labs, Inc. and filed with the Securities and Exchange Commission, fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities Act of 1934 and the information contained in such report fairly presents, in all material respects, the financial condition and results of operations on QSound Labs, Inc.







/s/ David J. Gallagher



David J. Gallagher

Chief Financial Officer



March 30, 2006
STATE of Missouri, Respondent, v. Corey D. BOSTON, Appellant.

WD 81091

Missouri Court of Appeals, Western District.

ORDER FILED: September 25, 2018

Joshua D. Hawley, Attorney General, and Robert J. (Jeff) Bartholomew, Assistant Attorney General, Jefferson City, MO, Attorneys for Respondent.

Casey A. Taylor, Assistant State Public Defender, Columbia, MO, Attorney for Appellant.

Before Division Four: Karen King Mitchell, Chief Judge, and Mark D. Pfeiffer and Cynthia L. Martin, Judges

**Order**

Per Curiam:

Corey Boston appeals, following a jury trial, his conviction of first-degree tampering with a motor vehicle under § 569.080.1(2), RSMo 2016, for which he received a three-year sentence, the execution of which was suspended. On appeal, Boston argues that the evidence was insufficient to prove that he operated the vehicle at issue "without the consent of the owner thereof" insofar as there was no evidence that the vehicle's title-holder did not provide consent. Finding no error, we affirm. Rule 30.25(b).
[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Page 11816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5942]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Area 2 Taxpayer Advocacy Panel (Including the 
States of Delaware, North Carolina, South Carolina, New Jersey, 
Maryland, Pennsylvania, Virginia, West Virginia and the District of 
Columbia)

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Area 2 Taxpayer Advocacy Panel will be 
conducted. The Taxpayer Advocacy Panel is soliciting public comments, 
ideas, and suggestions on improving customer service at the Internal 
Revenue Service.

DATES: The meeting will be held Thursday, April 23, 2009 and Friday, 
April 24, 2009.

FOR FURTHER INFORMATION CONTACT: Marianne Ayala at 1-888-912-1227 or 
954-423-7978.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Area 2 Taxpayer Advocacy Panel will be held 
Thursday, April 23, 2009, 8 a.m. to 5 p.m. and Friday, April 24, 2009, 
8 a.m. to 3 p.m. Eastern Time in Philadelphia, PA. The public is 
invited to make oral comments or submit written statements for 
consideration. Notification of intent to participate must be made with 
Marianne Ayala. For more information please contact Mrs. Ayala at 1-
888-912-1227 or 954-423-7978, or write TAP Office, 1000 South Pine 
Island Road, Suite 340, Plantation, FL 33324, or post comments to the 
Web site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    March 9, 2009.
Shawn F. Collins,
Acting Director, Taxpayer Advocacy Panel.
 [FR Doc. E9-5942 Filed 3-18-09; 8:45 am]
 BILLING CODE 4830-01-P
**Exhibit 32.1**

 

**President Certification**

 

In connection with General Maritime Corporation’s (the “Company”) annual report on Form 10-K for the fiscal year ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned Chief Executive Officer of the Company, hereby certifies pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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 result of operations of the Company.

 

 
| Date:   March 30, 2011 | /s/   John P. Tavlarios |
|-----------------------------|-------------------------|
|                        | Name:                   | John   P. Tavlarios |
|                        | Title:                  | President |

 

The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not being filed as part of the Report or as a separate disclosure document.

 

----
Rule13a-14(a)/15d-14(a) Certification

EXHIBIT 31.2

I, Richard Claiden, Chief Financial Officer of Primus Guaranty, Ltd.certify that:

1.    I have reviewed this Quarterly Report onForm 10-Q of Primus Guaranty, Ltd.;

2.    Based on myknowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period coveredby this report;

3.    Based on my knowledge, the financialstatements, 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.    Theregistrant's other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:

a)    Designed such disclosurecontrols and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is beingprepared;

b)    (Paragraph omitted pursuant to SECRelease Nos. 33-8238 and 34-47986).

c)    Evaluatedthe effectiveness of the registrant's disclosure controls andprocedures, and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and

d)    Disclosed in this report any change in theregistrant's internal control over financial reporting thatoccurred during the registrant's most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect,the registrant's internal control over financial reporting;and

5.    The registrant's other certifying officer andI have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the registrant's auditorsand the audit committee of the registrant's board of directors(or persons performing the equivalent functions):

a)    All significant deficiencies and material weaknessesin the design or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant'sability to record, process, summarize, and report financialinformation; and

b)    Any fraud, whether or notmaterial, that involves management or other employees who have asignificant role in the registrant's internal control overfinancial reporting.

Date: November 14, 2005

By:    /s/ RichardClaiden                

|  | Name: Richard Claiden Title: ChiefFinancial Officer |
|--|-----------------------------------------------------|

----
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-40249

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RAFAEL MORENO-ORNELLAS,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:14-CR-1714-1

Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.

PER CURIAM:*

Appealing the judgment in a criminal case, Rafael Moreno-Ornellas

raises arguments that are foreclosed by United States v. Rodriguez, 711 F.3d 

541, 562-63 & n.28 (5th Cir. 2013) (en banc), in which we held that the generic, 

contemporary definition of sexual abuse of a minor does not require the age of 

consent to be below 17 years old and does not include an age-differential 

requirement. He also raises an argument that is foreclosed by United States 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 18, 2016

Lyle W. Cayce

Clerk

 Case: 16-40249 Document: 00513722248 Page: 1 Date Filed: 10/18/2016
No. 16-40249

2

v. Elizondo-Hernandez, 755 F.3d 779, 781-82 (5th Cir. 2014), which held that 

the Texas offense of indecency with a child by contact satisfied the generic 

definition of sexual abuse of a minor. Finally, he raises an argument that is 

foreclosed by United States v. Teran-Salas, 767 F.3d 453, 458-62 (5th Cir. 

2014), in which we determined that the appellant was not entitled to relief 

based merely on the existence of a theoretical possibility that a defendant could 

be convicted under Texas Health & Safety Code § 481.112(a) for conduct that 

would not qualify as a federal drug trafficking offense. Accordingly, the motion 

for summary disposition is GRANTED, and the judgment of the district court 

is AFFIRMED.

 Case: 16-40249 Document: 00513722248 Page: 2 Date Filed: 10/18/2016
NOTE: This orderis nonprecedential. 

# Wniteb**~tate~** 

# qrourtof**§ppeaI~** 

# for tbe jf 

# eberaI qrircuit

TURNER CONSTRUCTION CO., INC., Plaintiff-Appellee, 

### v. UNITED STATES, Defendant-Appellant, 

### and 

### MCCARTHYIHUNT, 

### JV, Defendant, 

### and 

### B.L. HARBERT-BRASFIELD & 

### GORRIE, 

### JV, Defendant-Appellant. 2010-5146, -5158 Appeals from the United States Court of Federal Claims in case no. 10-CV-195, Senior Judge Bohdan A. Futey. 

### ONMOTION ORDERTURNER CONSTRUCTION v. US 2 B.L. Harbert-Brasfield & Gorrie, 

### JV, moves for a 28- day extension oftime, until December 10, 2010, to file its initial brief. Upon consideration thereof, 

### IT Is ORDERED

### THAT: The motion is granted. 

## NOV 82010 Date

cc: Scott M. McCaleb, Esq.
s21 Laurence Schor, Esq. Anuj Vohra, Esq. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk

U.s.

## COUJ~",~EALS FOR THE FEDERAL CIRCIJIT 

## NOV 06 Z010

JANHORBAlY 

## ClERK
THE THIRTEENTH COURT OF APPEALS

13-18-00240-CV

In the Interest of S. H., a Child

On Appeal from the

343rd District Court of Bee County, Texas

Trial Cause No. B-17-1169-CV-C

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, vacates the trial court’s judgment and dismisses the case. The Court orders the 

judgment VACATED and the case is DISMISSED. No costs are assessed as appellant 

filed an affidavit of inability to pay costs. 

We further order this decision certified below for observance.

September 27, 2018
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

CANDELARIO GONZALEZ-GARCIA,

 Defendant - Appellant.

No. 14-50250

D.C. No. 3:14-cr-00021-LAB

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Larry A. Burns, District Judge, Presiding

Submitted June 22, 2015** 

Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.

Candelario Gonzalez-Garcia appeals from the district court’s judgment and

challenges the 78-month sentence imposed following his guilty-plea conviction for

importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We

have jurisdiction under 28 U.S.C. § 1291, and we affirm.

FILED

JUN 25 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
Gonzalez-Garcia contends that the district court legally erred when it denied

his request for a minor role adjustment under U.S.S.G. § 3B1.2(b). He argues that

the court erred by (i) comparing him to the hypothetical average importer of

narcotics, rather than to other likely participants in the instant offense; (ii) limiting

its analysis to the offense of conviction, rather than the larger criminal scheme; and

(iii) requiring clear and convincing evidence that he was entitled to the adjustment. 

We review the district court’s interpretation of the Guidelines de novo. See United

States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir. 2014), cert. denied, 135 S. Ct.

1467 (2015). Any error in this case was harmless. The court ultimately denied the

adjustment based on proper considerations. See id. at 1069 (affirming denial of

minor role where appellant was paid to smuggle a significant amount of drugs

across the border in a truck that was registered in his name). Moreover, GonzalezGarcia’s sentence is within the Guidelines range that would have applied had the

district court determined that he was eligible for the minor role adjustment. See

United States v. Munoz-Camarena, 631 F.3d 1028, 1030 & n.5 (9th Cir. 2011) (per

curiam).

AFFIRMED.

2 14-50250
Motion Granted and Order filed October 4 , 2018

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 18

- 00203

- CR

____________ TIPTON S. MCMAHON , Appellant

V.
THE STATE OF TEXAS , Appellee

On Appeal from the 185th District Court

Harris County, Texas Trial Court Cause No. 1272892



### ORDER
Appellant is represented by appointed counsel, Patricia Sedita . Appellant ’ s brief was originally due May 31, 2018

. We have granted a total of 110 days to file appellant ’ s brief until September 18, 2018. On the last extension, we noted no further extensions would be granted absent extraordinary circumstances.

On October 1, 2018 , counsel filed a motion for a further extension o f time until November 18, 2018 to file appellant ’ s brief. The motion states she needs tovisit appellant, an inpatient at Rusk State Hospital, to determine how best to

represent his interests.

We GRANT the request until November 18 , 2018

. No further extens ions will be granted

. If counsel does not timely file appellant’s brief as ordered, the c ourt may issue an order abating the appeal and directing the trial court to conduct a hearing to
determine the reason for the failure to file the brief and the consideration of sanctions, appointment of new counsel, or other appropriate relief.

PER CURIAM

Panel consists of Justices Boyce, Christopher, and Jamison
• ::- 3 OPEB^lOMb 

SERVED MAY 12, 2011 M ;AY ; 9 0 2^ 25 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

CISCO AVIATION, LLC 

FAA DOCKET NO. CPl ISWOOOl 

(Civil Penalty Action) 

DMS NO. FAA-2011-0060 

ORDER OF DISMISSAL 

On January 6, 2011, the Federal Aviation Administration (hereinafter referred to 

as "Complainant") filed a Complaint. On December 27, 2010, Respondent Cisco 

Aviation, LLC (hereinafter referred to as "Respondent") had filed a Request for Hearing. 

On May 11, 2011, Respondent withdrew its Request for Hearing, citing 

settlement. 

14 C.F.R. § 13.215 states: "At any time before or during a hearing, an agency 

attorney may withdraw a complaint or party may withdraw a request for a hearing 

without the consent of the administrative law judge. If an agency attorney 

withdraws the complaint or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismiss the proceedings under this 

subpart with prejudice." 

WHEREFORE, the within filed Withdrawal of Request for Hearing having been 

read and considered, it is ORDERED as follows: 

1. Respondent's Withdrawal of Request for Hearing is hereby granted; and 

2. This proceeding be and is hereby dismissed with prejudice. 
SO ORDERED. 

Richard C. Goodwin 

Administrative Law Judge 

Attachment - Service List 
» 

y 

FAA Docket No. CPllSWOOOl 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

George E. Crow, Respondent's Counsel . 

Law Office of George E. Crow 

Aviation Law Firm 

P.O. Box 30 

Katy, TX 77492-0030 

TEL: 281-391-9275 

Clyde E Barton, Manager 

Cisco Aviation, LLC 

16055 Space Center Blvd., Suite 235 

Houston, TX 77062-6212 

Yolanda Ayala Bernal, Complainant's Counsel 

Attorney, Safety Enforcement Branch 

Office of the Regional Counsel 

Southwest Region, ASW-7E3 

Federal Aviation Administration 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137 

TEL: 817-222-5070 

FAX: 817-222-5945 or 5092 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 202-366-5121 Legal Assistant FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 800 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.
**EXHIBIT 32****CERTIFICATION**Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned hereby certifiesin his capacity as an officer of Monarch Community Bancorp, Inc. (the “Company”) that the QuarterlyReport of the Company on Form 10-Q for the period ended September 30, 2007 fully complies with therequirements of Section 13(a) of the Securities and Exchange Act of 1934, as amended, and that theinformation contained in such report fairly presents, in all material respects, the financialcondition of the Company at the end of such period and results of operations of the Company forsuch period.         Date:November 14, 2007 By:        /s/ Donald L. Denney                 Donald L. DenneyPresident and Chief Executive Officer