alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Martin Navarro, Appellant, v A. Trenkman Estate, Inc., Respondent. (And a Third-Party Action.)

[719 NYS2d 34]

*258Order, Supreme Court, New York County (Lorraine Miller, J.), entered June 4, 1999, which denied plaintiffs motion to vacate the dismissal of his complaint and restore the matter to the trial calendar, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion granted, the complaint reinstated and the matter restored to the trial calendar.

It is well established that in order to obtain relief from an order or judgment on the basis of an excusable default pursuant to CPLR 5015 (a) (1), the moving party must provide a reasonable excuse for the failure to appear and must further demonstrate that the case has merit *(Mediavilla v Gurman,*272 AD2d 146, 148; *Kellert v Mail Boxes, Etc. USA,*248 AD2d 127; *Aronson v Hyatt Inti. Corp., 202*AD2d 153, 154). Moreover, it is within the sound discretion of the motion court to determine whether the proffered excuse and the statement of merits are sufficient *(Mediavilla v Gurman, supra,*at 148; *Princeton Venture Research v Kaye, Scholer, Fierman, Hays & Handler,*256 AD2d 222; *Provident Life & Cas. Ins. Co. v Hersko,*246 AD2d 365).

In this matter, plaintiffs attorney maintains that his failure to appear at four conferences and at least one scheduled mediation were due to the wrongful acts of his office manager, against whom criminal charges are now pending. Specifically, it is alleged that that employee did not calendar conference dates, failed to record messages, did not file papers correctly, or at all, and destroyed incoming mail, which was all part of an effort to cover up a scheme by which she embezzled over $100,000 from plaintiffs attorney. Since law office failure does not preclude a court from excusing a default, we find that the misconduct of the former office manager constitutes a valid excuse for plaintiffs failure to appear *(see,*CPLR 2005; *Solowij v Otis El. Co.,*260 AD2d 226). We also find that plaintiff has adequately demonstrated the meritorious nature of his claims through a verified bill of particulars submitted with his motion.

In view of the foregoing circumstances and in consideration of the strong public policy of this State that matters be decided on their merits *(Smith v Daca Taxi, 202*AD2d 220; *Stevenson Corp. v Dormitory Auth.,*112 AD2d 113), we conclude that the motion court improvidently exercised its discretion when it denied plaintiffs motion. Concur — Nardelli, J. P., Williams, Ellerin, Lerner and Rubin, JJ.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Hoa V. Dang v. Texaco #129

Appellate case number: 01-13-00938-CV

Trial court case number: 1014805

Trial court: County Civil Court at Law No. 2 of Harris County

Date motion filed: February 12, 2014

Party filing motion: Appellant

It is ordered that the motion for rehearing is denied. Appellee’s request for damages 

under Texas Rule of Appellate Procedure 45 is also denied.

Judge’s signature: /s/ Evelyn V. Keyes

Acting for the Court

Panel consists of: Justices Keyes, Bland, and Brown

Date: March 6, 2014
Exhibit 32.1

                 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350


In connection with the Quarterly Report of Conscious Intention, Inc. (the
"Company"), on Form 10-QSB for the period ended March 31, 2004, as filed with
the Securities and Exchange Commission (the Report"), I, Sylva Leduc, President
and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as added by 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.    To my knowledge, the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company as of and for the period covered by the Report.




/s/ Sylva Leduc
-------------------
Sylva Leduc
Chief Executive Officer
Duly Authorized Officer and Principal
Financial and Accounting Officer


Date: May 17, 2004
Exhibit 32(a)

ENERGY FUTURE COMPETITIVE HOLDINGS COMPANY

Certificate Pursuant to
Section 906

of Sarbanes  Oxley Act of 2002

CERTIFICATION OF CEO

The undersigned, John F. Young, Chair, President and Chief Executive of Energy Future Competitive Holdings Company (the Company), DOES HEREBY CERTIFY that:



| | 1. | The Companys Annual Report on Form 10-K for the period ended December 31, 2010 (the Report) fully complies with the requirements of section 13(a)
or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed this 17th day of February, 2011.



/s/ JOHN F. YOUNGName:

John F. YoungTitle:

Chair, President and Chief Executive


A signed
original of this written statement required by Section 906 has been provided to Energy Future Competitive Holdings Company and will be retained by Energy Future Competitive Holdings Company and furnished to the Securities and Exchange
Commission or its staff upon request.
Kevin STRAUB, Appellant, v. STATE of Missouri, Respondent.

No. ED 105616

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

Filed: August 7, 2018

Richard H. Sindel, Sarah M. Boyce, 8000 Maryland Ste. 910, Clayton, MO 63105, For Movant/Appellant.

Mary H. Moore, P.O. Box 899, Jefferson City, MO 65102, For Defendant/Respondent.

Before Kurt S. Odenwald, P.J., Gary M. Gaertner, Jr., J., and Colleen Dolan, J.

***ORDER***

PER CURIAM.

Kevin Straub ("Movant") appeals the motion court's judgment denying his Rule 24.035 motion for post-conviction relief. In *446his sole point on appeal, Movant argues that the motion court clearly erred in denying his Rule 24.035 motion because Movant showed by a preponderance of the evidence that his plea of guilty was made unknowingly, unintelligently, and involuntarily because of his plea counsel's ineffective assistance. Specifically, Movant asserts that his plea counsel was ineffective by misinforming Movant that the court would suspend execution of the ten-year sentence of imprisonment it would likely give him and would place him on five years' probation if he pleaded guilty; Movant was sentenced to ten years imprisonment in the Department of Corrections. Movant further argues that he was prejudiced by his plea counsel's misinformation because he would not have pleaded guilty absent counsel's misadvice. Finding that Movant has failed to show the motion court clearly erred in denying his Rule 24.035 motion, we affirm the judgment of the motion court.

No jurisprudential purpose would be served by a written opinion. However, we have provided the parties a memorandum setting forth the reasons for our decision. The judgment of the trial court is affirmed under Rule 84.16(b).
**Exhibit
      32.1**





**Certification**





**Pursuant
      to Section 906 of the Sarbanes-Oxley Act of 2002**


**(18
      U.S.C. Section 1350)**





Pursuant
      to 18 U.S.C. Section 1350, the undersigned officer of Radiant Logistics, Inc.
      (the "Company") hereby certifies that the Company's Quarterly Report on Form
      10-Q for the period ended March 31, 2008 (the "Report") fully complies with
      the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
      and that the information contained in the Report fairly presents, in all
      material respects, the financial condition and results of operations of the
      Company.





DATE:
      May
      14, 2008





BY:
            /s/
                Bohn H. CrainChief
                Executive Officer and
              Chief
                Financial Officer




This
      certification is made solely for purposes of 18 U.S.C. Section 1350, subject
      to
      the knowledge standard set forth therein, and not for any other purpose. It
      is
      not being filed as part of the Report or as a separate disclosure
      document.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Radiant Logistics, Inc and will be retained by Radiant Logistics, Inc and
      furnished to the Securities and Exchange Commission or its staff upon
      request.
[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Page 2075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-590]


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

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The applications also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, 
nonbanking activities will be conducted throughout the United States. 
Additional information on all bank holding companies may be obtained 
from the National Information Center website at www.ffiec.gov/nic/.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than February 9, 2009.
    A. Federal Reserve Bank of Chicago (Burl Thornton, Assistant Vice 
President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:
    1. Tygris Commercial Financial Group, Inc., Parsippany, New Jersey; 
to become a bank holding company by acquiring 100 percent of the voting 
shares of Texico Bancshares Corporation, Texico, Illinois, and thereby 
indirectly acquire Texico State Bank, Texico, Illinois.
     In connection with this proposal, applicant also has applied to 
engage in lending and leasing activities through Tygris Vendor Finance, 
Inc., Parsippany, New Jersey; Tygris Asset Finance, Inc., Chicago, 
Illinois; Tygris Corporate Finance, Inc., Wilton, Connecticut; TAF 
Funding I, LLC, Chicago, Illinois; USXL Funding I, LLC, Parsippany, New 
Jersey; USXL Funding II, LLC, Parsippany, New Jersey; and Pro-Lease, 
Inc., Parsipany, New Jersey, pursuant to section 225.28 (b)(1), (2) and 
(3) of Regulation Y.


    Board of Governors of the Federal Reserve System, January 9, 
2009.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E9-590 Filed 1-13-09; 8:45 am]
BILLING CODE 6210-01-S
[No. 52167-5-I.

Division One.

June 1, 2004.]

#### Jose Guerrero, et al., *Appellants,*v. Victor Capron, et al., *Respondents.*

Appeal from a judgment of the Superior Court for San Juan County, No. 02-2-05079-5, Alan R. Hancock, J., entered March 24, 2003. *Affirmed*by unpublished per curiam opinion.
H. R. 5540

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 217 Southeast 

2nd Street in Dimmitt, Texas, as the ‘‘Sergeant Jacob Dan Dones Post Office’’.

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SERGEANT JACOB DAN DONES POST OFFICE. 

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

Service located at 217 Southeast 2nd Street in Dimmitt, Texas, 

shall be known and designated as the ‘‘Sergeant Jacob Dan Dones 

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 ‘‘Sergeant Jacob Dan Dones Post Office’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
Exhibit 32.1



                      CERTIFICATION PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

This certification is being filed pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. This certification is
included  solely for the purpose of complying with the provisions of Section 906
of the  Sarbanes-Oxley  Act and is not to be  used  for any  other  purpose.  In
connection with the accompanying  Quarterly Report on Form 10-QSB/A of Rub A Dub
Soap, Inc. for the quarter ended February 28, 2006, I, Kevin Halter, Jr., hereby
certify  in my  capacity  as an  officer  of Rub A Dub  Soap,  Inc.  that  to my
knowledge:

1.       The Quarterly  Report on Form 10-QSB/A of Rub A Dub Soap,  Inc. for the
         quarter ended August 31, 2006,  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 Quarterly  Report on Form 10-QSB/A of
         Rub A Dub Soap,  Inc. for the quarter  ended  August 31,  2006,  fairly
         presents, in all material respects, the financial condition and results
         of operations of Rub A Dub Soap, Inc.



Date:  November 13, 2006             /s/ Kevin Halter, Jr.
                                    --------------------------------------------
                                    Kevin Halter, Jr., President,
                                    Treasurer and Director (Principal
                                    Executive, Financial and Accounting Officer)
SERVED: June 13, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

. OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

HOTTON ENTERPRISES,. INC. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA 2013- 1081 

AMENDED PROCEDURAL ORDER 

Paragraphs #2 and #3 of the Procedural Order are amended as follows: 

l914 JUri I b A '1: 3 4 

WHEREFORE, the parties be and are hereby ORDERED to adhere to the following 

procedural schedule: 

1. On or before September 1, 2014, the parties shall conclude all discovery 

including, but not limited to, depositions, document production, responses 

to production requests and/or interrogatories. If the parties cannot resolve 

a discovery dispute they shall submit the dispute to the undersigned for 

resolution in a timely manner; 

2. The parties shall be prepared to present this case at a hearing on or after 

September 1, 2014, subject to the availability of courtroom facilities. The 

specific date and time for the hearing will be forthcoming in a separate 

Order. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

1 
..... 

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 2W10001 

Timothy I. McCulloch, Respondent's Counsel 

Hinshaw & Culbertson LLP 

3200 North Central Avenue, Suite 800 

Phoenix, AZ 85012 

TEL: 602-631-4400 

FAX: 602-631-4404 

EMAIL: tmcculloh@hinshawlaw.com 

Ashok Vij, President/CEO 

ONE COPY 

Hotton Enterprises, Inc. d/b/a/ Premier Aviation, Respondent 

1951 East Airport Drive 

Tucson, AZ 85756 

TEL: 520-907-8926 

FAX: NOT PROVIDED 

Adam Runkel, Complainant's Counsel 

Office of the Regional Counsel, Western-Pacific Region, APW -7.12 

. Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 425-227-2914 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

FDMS No. FAA-2013-1081 

(Civil Penalty Action) 

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

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.
### Scoping Workshop Public M eeting on Plans for Developing E nergy C onse rv ation S tandard s for B attery C hargers and External P ow er Supplies January 24, 2007

- Washington, DC
Purpose : The Department is holding this public meeting 1) to comply with the requirement of the Energy Policy Act of 2005 and 2) to obtain stakeholder input on the scope of coverage and preliminary analyses prepared for battery chargers and external power supplies. This meeting will provide stakeholders with an overview of the Statute, the timeline for completing the tasks listed in the Statute, and an explanation of those tasks. To that end, DOE will provide stakeholders with an overview of the approach and analytical tools that it proposes to use in its determination analysis for battery chargers and external power supplies. The meeting will solicit feedback on the assumptions, methodology and analytical tools.

9:00 - 9:05 am 9:05 - 9:15 am 9:15 - 9:45 am 9:45 - 10:15 am 10:15

- 11:00 am 11:00

- 11:15 am 11:15

- 11:30 am 11:30

- 12:30 pm 12:30 - 1:30 pm 1:30 - 2:20 pm 2:20 - 2:35 pm 2:35 - 3:25 pm 3:25 - 3:55 pm 3:55 - 4:00 pm 4:00 pm Welcome

Agenda review Stakeholder opening statements Introduction , Regulatory Process Overview Determination Analysis Analytical Steps Coffee Break Energy Conservation Standards Analyses Scope of Coverage and Product Classes Break for Lunch Preliminary Market Assessment Discussion Coffee Break Preliminary Technology Assessment Discussion Opportunity for Stakeholder Comment Closing Remarks Adjourn
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 22-0573

STATE OF MONTANA,

Plaintiff and Appellee,

v.

VALERIE SUE DOGTAKINGGUN GRANT,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including March 23, 2023, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

February 13 2023

02/13/2023

Case Number: DA 22-0573
**Exhibit 31.1****Certification**I, Gary McGaha, President and C.E.O., certify that:1. I have reviewed this quarterly report on Form 10-QSB of Southern Community Bancshares, Inc.2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading with respect to theperiod covered by this quarterly report;3. Based on my knowledge, the financial statements, and other financial information included inthis quarterly 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 presentedin this quarterly report;4. The small business issuer’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the small business issuer and have: a. Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the small business issuer, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularly duringthe period in which this report is being prepared;  b. [Intentionally omitted pursuant to SEC Release Nos. 33-8238 and 34-47986]  c. Evaluated the effectiveness of the small business issuer’s disclosure controlsand procedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and  d. Disclosed in this report any change in the small business issuer’s internalcontrol over financial reporting that occurred during the small business issuer’s mostrecent fiscal quarter that has materially affected, or is reasonably likely tomaterially affect, the small business issuer’s internal control over financialreporting; and5. The small business issuer’s other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to the small businessissuer’s auditors and the audit committee of the small business issuer’s board of directors(or persons performing the equivalent functions):
16

 
 a. All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the small business issuer’s ability to record, process, summarize and reportfinancial information; and  b. Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the small business issuer’s internal control overfinancial reporting.Date: August 9, 2005              /s/ Gary McGaha   Gary McGaha, President and   Chief Executive Officer  
17
EXHIBIT 23.3



Netherland, Sewell & Associates, Inc.



             CONSENT OF INDEPENDENT PETROLEUM ENGINEERS AND GEOLOGISTS


     We hereby consent to references to our firm in the form and context in
which they appear in the Annual Report on Form 10-KSB of GREKA Energy
Corporation for the year ended December 31, 1998. We hereby further consent to
the use of information contained in our reports, as of January 1, 1997, 1998,
and 1999 setting forth the Saba Petroleum Company oil and gas reserves and
revenue estimates and to the use of information from our report dated April 5,
1999, setting forth the Horizontal Ventures, Inc. oil and gas reserves and
revenue estimates, as of January 1, 1999. We further consent to the
incorporation by reference thereof into the Company's Registration Statement
on Form S-3 (33-60621).


                                      NETHERLAND, SEWELL & ASSOCIATES, INC.



                                    By: /s/ Frederic D. Sewell
                                       ___________________________________
                                         Frederic D. Sewell
                                         President

Dallas, Texas
April 14, 1999