alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Thomas GRELLNER, Surviving, Husband of Laura Grellner, Deceased, Appellant, v. Roberto PACHECO-CORONADO and Metro Heart Group of St. Louis, Inc., Respondents.

No. ED 106746

Missouri Court of Appeals, Eastern District, DIVISION THREE.

Filed: May 21, 2019 Motion for Rehearing and/or Transfer to Supreme Court Denied June 24, 2019

FOR APPELLANT: Leonard P. Cervantes, Jennifer Suttmoeller, Michael T. Flachs, 1007 Olive Street, 4th Floor, St. Louis, Missouri 63101.

FOR RESPONDENTS: John T. Eckenrode, Lisa H. Howe, 11477 Olde Cabin Road, Suite 110, St. Louis, Missouri 63141.

Before Sherri B. Sullivan, P.J., James M. Dowd, J., and Robin Ransom, J.

*ORDER*

PER CURIAM

This medical negligence-wrongful death case arose from an unfortunate incident that occurred during a cardiac catheterization procedure performed by Dr. Roberto Pacheco-Coronado on appellant Thomas Grellner's wife Laura in which her left main coronary artery became torn or dissected resulting in Laura Grellner's death. Thomas Grellner sued Dr. Pacheco-Coronado and Metro Heart Group of St. Louis, *155Inc., in the Circuit Court of St. Louis County claiming that Dr. Pacheco-Coronado negligently caused the death of his wife. A jury trial was held in the matter, and a verdict was reached in favor of the defendants. The court accepted the verdict and entered a judgment thereon. Grellner now appeals claiming the trial court erred twice with respect to the admission of evidence.

We affirm. Because 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(b).
Devoris CALVIN, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-1707

District Court of Appeal of Florida, Third District.

Opinion filed September 27, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Petitioner - Appellee,

 v.

LEE GODDARD & DUFFY LLP and

WILLIAM A. GODDARD,

 Respondents - Appellants.

No. 08-55124

D.C. No. CV-06-00408-DOC

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

David O. Carter, District Judge, Presiding

Submitted April 13, 2011** 

Pasadena, California

Before: D.W. NELSON, BYBEE, and M. SMITH, Circuit Judges.

Lee, Goddard & Duffy, LLP, and William A. Goddard, IV, appeal the

district court’s November 2007 order regarding two tax summonses. As the facts

FILED

APR 15 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
and procedural history are familiar to the parties, we do not recite them here except

as necessary to explain our disposition. 

We have jurisdiction under 28 U.S.C. § 1291. United States v. Jose, 519

U.S. 54, 55–57 (1996) (per curiam). “The Order on its face evidenced the judge’s

intention that it be final. . . . [I]t fully adjudicated the issues at bar.” Slimick v.

Silva (In re Slimick), 928 F.2d 304, 308 (9th Cir. 1990). Unlike the June 2006

order, the November 2007 order did not explicitly reserve questions of privilege

for future proceedings. Cf. Steinert v. United States, 571 F.2d 1105, 1106–07 (9th

Cir. 1978). Accordingly, we refrain from combing the record in an attempt to

divine whether the district court harbored subjective intentions that contradicted its

written order.

Appellants have waived any arguments regarding the district court’s

conclusion that the disputed documents were responsive to the summonses. “‘We

review only issues which are argued specifically and distinctly in a party’s opening

brief. We will not manufacture arguments for an appellant, and a bare assertion

does not preserve a claim. . . .’” Indep. Living Ctr. of S. Cal., Inc. v. Shewry, 543

F.3d 1050, 1065 n.17 (9th Cir. 2008) (citation omitted). Parties may not

incorporate their district court briefs by reference. 9th Cir. R. 28-1(b); 16AA

Charles Alan Wright et al., Federal Practice & Procedure § 3974.1 n.33 (4th ed.

2010 Supp.) (collecting cases). We therefore affirm the district court’s conclusion
that the disputed documents related to “tax shelter transactions” under the terms of

the summonses.

Because we affirm the district court’s determination on the underlying legal

dispute, we also conclude that the court acted within its discretion by declining to

review documents in camera or allow Appellants an opportunity to file sworn

affidavits. Tiffany Fine Arts, Inc. v. United States, 469 U.S. 310, 324 n.7 (1985);

Donaldson v. United States, 400 U.S. 517, 528–29 (1971), superseded by statute

on other grounds as stated in Tiffany Fine Arts, 469 U.S. at 316.

AFFIRMED.
**Exhibit 99.10**

 
|  |   | SRK Consulting (Canada) Inc.

1300, 151 Yonge Street

Toronto, Ontario, Canada

M5C 2W7

 

T: +1.416.601.1445

F: +1.416.601.9046

 

toronto@srk.com

www.srk.com |
|--|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

**CONSENT OF JEAN-FRANCOIS COUTURE**

 

In connection with the filing of the annual report on Form 40-F (the “Form 40-F”) of Franco-Nevada Corporation with the U.S. Securities and Exchange Commission, I consent to the references to my name, including under the heading “Experts,” and to the use of the technical report entitled “Technical Report for the Compañía Contractual Minera Candelaria and Compañía Contractual Minera Ojos del Salado Copper Projects, Atacama Province, Region III, Chile,” dated October 6, 2014 (the “Report”), and the information derived from the Report, included in the 2014 Annual Information Form of Franco-Nevada Corporation dated March 25, 2015 (the “AIF”), which is filed as an exhibit to, and incorporated by reference in, the  Form 40-F.

 

I also consent to the incorporation by reference in the Registration Statements on Form F-3 (No. 333-190109), on Form S-8 (No. 333-176856) and on Form F-10 (No. 333-191835) of the references to my name in the AIF and the use of the Report and the information derived therefrom.

 

 
| DATED:   March 25, 2015                |   |
|----------------------------------------|--------|
|                                   |   |
| * *                               |   |
| *[**Jean-François Couture]*       |   |
| Name: Jean-François Couture, PGeo |   |

 
|   | **Local Offices:**

Saskatoon

Sudbury

Toronto

Vancouver

Yellowknife

** ** | **Group Offices:**

Africa

Asia

Australia

Europe

North America

South America |
|--------|-------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------|

 

----
James Curtis CLARK v. STATE of Mississippi

2016-CT-01278-COA

Supreme Court of Mississippi.

Filed: December 12, 2017 Closed: February 15, 2018

Motion Desc: Clark petition for writ of certiorari.

Certiorari - Denied.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM STATEMENT 
OF NET ASSETS IN LIQUIDATION AND INCOME STATEMENT OF DAMSON BIRTCHER REALTY 
INCOME FUND I AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 10-Q.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         773,000
<SECURITIES>                                         0
<RECEIVABLES>                                  128,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               980,000
<PP&E>                                      35,404,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              36,384,000
<CURRENT-LIABILITIES>                          791,000
<BONDS>                                      2,883,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  32,002,000
<TOTAL-LIABILITY-AND-EQUITY>                36,384,000
<SALES>                                              0
<TOTAL-REVENUES>                             1,489,000
<CGS>                                                0
<TOTAL-COSTS>                                1,017,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              66,000
<INCOME-PRETAX>                                406,000
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   406,000
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 32.1

Certification 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 Annual Report on Form 10-K of KBS Strategic Opportunity REIT, Inc. (the
Registrant) for the year ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Keith D. Hall., Chief Executive Officer and Director of the
Registrant, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge and belief:



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



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

Date: March 11, 2011



/S/    KEITH D.
HALLKeith D. Hall Chief Executive Officer and Director
* Pursua nt to 5 T H C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED
December 23, 2003
Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-30455 Summary Calendar

WILLIE B. PATRICK, JR.,
Plaintiff-Appellant,

versus

RAY CLARY; MATTHEWS, Nurse; WATSONS, Nurse; STEELMAN, Nurse,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Western District of Louisiana

USDC No. 3:01-CV-1227

-------------------- Before SMITH, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM: *

Willie B. Patrick, Jr., Louisiana prisoner # 128664, appeals

from the district court ’s summary-judgment dismissal of his 42

U.S.C. § 1983 claim for failure to treat his glaucoma.

Patrick has not proffered competent summary-judgment evidence

showing that there is a genuine issue of material fact as to his

civil rights claim. Based on the record before us, a reasonable

jury could not conclude that Ray Clary, Lin da Matthews, Tonya2

Watson, or Linda Steelman was deliberately indifferent to his

serious medical needs. S ee Domino v. Texas Dep’t of Criminal

Justice , 239 F.3d 752, 756 (5th Cir. 2001). Unsuccessful medical

treatment, acts of negligence, neglect, or medical malpractice are

insufficient to give rise to a 42 U.S.C . § 1983 cause of action.

Varnado v. Lynaugh
, 920 F.2d 320, 321 (5th Cir. 1991). This court

AFFIRMS the jud gment of the district court and DENIES Patrick’s

motions.
William RINGWOOD, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D17-3228

District Court of Appeal of Florida, First District.

Opinion filed November 29, 2017. Rehearing Denied January 9, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Darryl L. HART, Appellant, v. FLORIDA DEPARTMENT OF TRANSPORTATION, Appellee.

CASE NO. 1D16-5511

District Court of Appeal of Florida, First District.

Opinion filed December 13, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Exhibit 32.1  CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Environmental Energy Services, Inc., a Delaware corporation (the "Company"), does hereby certify, to the best of his knowledge, that:  1.     The Quarterly Report on Form 10-Q for the period ending September 30, 2008 (the "Report") of the Company complies in all material respects with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and  2.     The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  /s/ A. Leon Blaser  A. Leon Blaser, Chief Executive Officer  Date:  November 20, 2008
# **EXHIBIT 32.1**

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

In connection with the Quarterly Report of Riverbend Telecom, Inc. (the “Company”) on Form 10-QSB for the period ended September 30, 2004 as filed with the Securities and Exchange Commission on the date hereof(the “Report), Leon Nowalsky, as Principal Executive Officer of the Company hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, that:

| (1)    | the Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934; and                                         |
|-----------------------|------------------------------------------------------------------------------------------------------------------------------------------------------|
|                       |                                                                                                                             |
| (2)    | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |

/s/ Leon Nowalsky                   Leon NowalskyPresident and Principal Executive OfficerDate:  November 22, 2004This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

DEIDRE D. THOMAS

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 17

- 1957

[ August 31, 2017 ]

Appeal of order denying rule 3.800 motion from the Circuit Court for

the Nineteenth Judicial Circuit, Indian River County ; Cynthia L. Cox

, Judge; L.T. Case No. 312011CF000524

.

Deidre D. Thomas, Florida City, pro se.

No appearance required for appellee.

P ER C URIAM

.

Affirmed.

T

AYLOR

, C IKLIN and C ONNER

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit 99.01

                     CERTIFICATION OF PERIODIC REPORT

I,  Robert  Waters, President and Chief Executive Officer of  Precise  Life
Sciences  Ltd., a Nevada Corporation (the "Company"), certify, pursuant  to
Section  906  of the Sarbanes- Oxley Act of 2002, 18 U.S.C.  Section  1350,
that:

(1)  the  Quarterly  Report on Form 10-Q of the Company for  the  quarterly
     period  ended  June  30,  2002  (the  "Report")  fully  complies  with
     the requirements of Section 13(a) or 15(d) of the Securities Exchange
     Act of 1934 (15 U.S.C. 78m or 78o(d)); and

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

Dated: August 19, 2002

By:  /s/ Robert Waters
         ---------------
         Robert Waters

President and Chief Executive Officer
# Jornal Oficial C 211A/30 d

| | ISSN 1725-2482 |
| --- | --- |
| Jornal Oficial
  da União Europeia | C 211A |
| | |
| Edição em língua portuguesa | Comunicações e Informações | 48.o ano30 de Agosto de 2005 |

ISSN 1725-2482

Jornal Oficial

da União Europeia

C 211A

Edição em língua portuguesa

Comunicações e Informações

48.o ano30 de Agosto de 2005

---

| Número de informação | Índice | Página |
| --- | --- | --- |
| | III   Informações |
| | Comissão |
| 2005/C 211A/1 | Publicação de uma vaga de director executivo da Autoridade Europeia para a Segurança dos Alimentos — (grau A*15) (n.o 2 do artigo 29.o do Estatuto) — COM/2005/10007 | 1 |

Número de informação

Índice

Página

III   Informações

Comissão

2005/C 211A/1

Publicação de uma vaga de director executivo da Autoridade Europeia para a Segurança dos Alimentos — (grau A*15) (n.o 2 do artigo 29.o do Estatuto) — COM/2005/10007

o

o

1

| PT | |
| --- | --- |

PT

---

III Informações

Comissão

| 30.8.2005 | PT | Jornal Oficial da União Europeia | CA 211/1 |
| --- | --- | --- | --- |

30.8.2005

PT

Jornal Oficial da União Europeia

CA 211/1

---

Publicação de uma vaga de

DIRECTOR EXECUTIVO

da Autoridade Europeia para a Segurança dos Alimentos

(Grau A*15)

(n.o 2 do artigo 29.o do Estatuto)

COM/2005/10007

(2005/C 211 A/01)

A Autoridade Europeia para a Segurança dos Alimentos pretende nomear o seu director executivo.

Os candidatos devem ser nacionais de um dos Estados-Membros da União Europeia.

O director executivo será nomeado pelo Conselho de Administração da Autoridade a partir de uma lista de candidatos seleccionados e propostos pela Comissão Europeia. A remuneração e outras condições de emprego são as estabelecidas no Estatuto para os funcionários das Comunidades Europeias de grau A*15. A Autoridade e a Comissão seguem uma política de igualdade de oportunidades.

A descrição de funções, os formulários de candidatura e as instruções para a apresentação de candidaturas podem ser obtidos na internet nos seguintes endereços:

http://europa.eu.int/comm/dgs/personnel_administration/working_senior_mgt_en.htm

ou

http://europa.eu.int/comm/food/efsa/index_en.htm

O prazo de recepção das candidaturas termina em 5 de Outubro de 2005 (para mais informações, ver instruções de candidatura).

---
-111-- ---- -- ... MILE-POST 7 TAIUNGS BASIN PJMPHOUSE 12 

---

CONCENlRATOR BUILDING 

III&EI'--

PUMPHOUSE of! 

400' CLARIFIER 

22-3158
IN RE: Appeal of the DECISION OF the DISCIPLINARY BOARD NO. 17-PDB-082

NO. 2017-OB-2096

Supreme Court of Louisiana.

February 23, 2018

Leave to appeal denied.
Agreement & Consent



 Exhibit 10.177 
 AGREEMENT & CONSENT 
 WHEREAS reference is made to that certain Facility Credit
Agreement dated August 16, 2005 from Hopkins Capital Group II, LLC (“HCGII”) to and for the benefit of Accentia Biopharmaceuticals, Inc., a Florida corporation (“Accentia”) (the “Facility Credit Agreement”); and

 WHEREAS, HCGII wishes to confirm and clarify, as a legally binding agreement, the understanding of HCGII and Accentia regarding
Accentia’s continued ability to Demand advances under the Facility Credit Agreement and the Line of Credit created thereby; 
 NOW
THEREFORE, HCGII and Accentia hereby agree and affirm as follows: 
 FOR GOOD AND VALUABLE CONSIDERATION, including without
limitation the promises and covenants set forth herein, the receipt and sufficiency of which is hereby acknowledged, HCGII hereby affirms and agrees that: 
  

	 	1.	Notwithstanding the definition of “Commitment Termination Date” and “Maturity Date” contained in the Facility Credit Agreement, HCGII hereby confirms its
commitment regarding Accentia’s continued ability to demand advances under the Line of Credit created pursuant to the Facility Credit Agreement and hereby agrees that HCGII is legally obligated to make loans under the terms of the Facility
Credit Agreement until December 31, 2008, notwithstanding the closing of the Accentia IPO or the occurrence of the Maturity Date. 

  

	 	2.	HCGII hereby irrevocably consents under the provisions of paragraph 2.1(b) of the Facility Credit Agreement to fund any Loan up to the maximum amount defined in the Facility Credit
Agreement (for clarification borrowings under the line of credit repaid in cash or stock do not reduce the maximum borrowing amount) provided that proper Demand for such Loan is made in accordance with the terms of the Facility Credit Agreement on
or before December 31, 2008 and provided further that such Demand is supported by a unanimous resolution of the Board of Directors of Accentia, with all directors affiliated with HCGII abstaining and not being counted in such vote.


 IN WITNESS WHEREOF HCGII and Accentia have executed this Agreement on the dates indicated below, intending to be legally bound
hereby. 
  

									
	HOPKINS CAPITAL GROUP II, LLC	 		 	ACCENTIA BIOPHARMACEUTICALS, INC.
					
	By:	 	    /s/ Francis E. O’Donnell, Jr.	 		 	By:	 	    /s/ James A. McNulty
					
	Title:	 	    Managing Partner	 		 	Title:	 	    Secretary/Treasurer
					
	Date:	 	    December 27, 2007	 		 	Date:	 	    December 27, 2007
STATE EX REL. Corneil OBY v. STATE of Louisiana

No. 2018-KH-0074

Supreme Court of Louisiana.

March 9, 2018

**ON SUPERVISORY WRITS TO THE TWENTY-THIRD JUDICIAL DISTRICT COURT, PARISH OF ASCENSION**

PER CURIAM:

WRIT NOT CONSIDERED. Untimely filed pursuant to La.S.Ct.R. X § 5. Relator *1180has now exhausted the right to obtain post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator has filed an application for post-conviction relief in the district court, and the district court's ruling denying relief is now final. Hereafter, unless relator can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted the right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.