alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

WENFORD FLETCHER, §

§

Plaintiff, §

§

v. § CIVIL ACTION NO. 3:05-CV-2138-B

§ ECF

DALLAS POLICE DEPARTMENT, et al., §

§

Defendants. §

MEMORANDUM ORDER

Before the Court is Defendant Dallas Police Department’s Motion for Dismissal Under Fed.

R. Civ. P. 12(b)(6) (doc. 19), filed January 6, 2006. Because the Dallas Police Department is not

an entity with the capacity to be sued, the Court GRANTS DPD’s Motion.

I. BACKGROUND

PlaintiffWenford Fletcher (“Fletcher”), proceeding pro se, filed this civil rights action against

Defendants the Dallas Police Department (“DPD”), Tom Jacob Schwend, and Daniel Warren Foster

on November 1, 2005. Fletcher claims he was subjected to excessive force when he was arrested on

May 19, 2005. DPD filed the instant motion on January 6, 2006, asserting that it was not a proper

party under 42 U.S.C. § 1983. Fletcher filed no response, and the Court now turns to its decision.

II. ANALYSIS

Rule 17 of the Federal Rules of Civil Procedure states that the capacity of an entity to be sued

shall be determined by the law of the state in which the district court is seated. Thus, this Court

looks to Texas law to determine whether DPD possesses the capacity to be sued. Because the City

 

 Case 3:05-cv-02138-B Document 25 Filed 04/10/06 Page 1 of 2 PageID 93
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of Dallas is a home rule municipality, Texas law grants the City the authority to organize a police

force. TEX. LOC. GOV’T CODE ANN. § 341.003 (Vernon 1999 & Supp. 2004). The City’s Charter

states that the City may sue and be sued, but does not grant the same right to DPD. Dallas City

Charter Ch. II § 1(2). Because the City Charter does not give DPD the power to sue or be sued,

Fletcher may not bring suit against DPD, since it has no legal existence. Darby v. Pasadena Police

Dep’t, 939 F.2d 311, 313 (5th Cir. 1991); Maxwell v. Henry, 815 F. Supp. 213, 215 (S.D. Tex. 1993).

Therefore, the Court GRANTS DPD’s Motion for Dismissal.

III. CONCLUSION

Because the Dallas Police Department lacks the capacity to be sued, the Court GRANTS

DPD’s Motion for Dismissal and DISMISSES Fletcher’s claims against DPD with prejudice.

SO ORDERED.

SIGNED April 10 , 2006 th

_________________________________

JANE J. BOYLE

UNITED STATES DISTRICT JUDGE

 

 Case 3:05-cv-02138-B Document 25 Filed 04/10/06 Page 2 of 2 PageID 94
Willton K. HERBERT, Appellant, v. STATE of Florida, Appellee.

No. 1D18-2968

District Court of Appeal of Florida, First District.

May 15, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
NOTE: This disposition is nonprecedential.

 

United States Court of Appeals 

for the Federal Circuit ______________________ 

DORIS E. POOLE,

Claimant-Appellant

v.

ROBERT WILKIE, SECRETARY OF VETERANS 

AFFAIRS,

Respondent-Appellee

______________________ 

2017-1840

______________________ 

Appeals from the United States Court of Appeals for 

Veterans Claims in No. 16-3079, Judge Mary J. Schoelen, 

Judge Coral Wong Pietsch, Judge William S. Greenberg.

______________________ 

JUDGMENT

______________________ 

CHRIS ATTIG, Attig Steel, PLLC, Little Rock, AR, argued for claimant-appellant. 

 IGOR HELMAN, Commercial Litigation Branch, Civil 

Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by KRISTIN MCGRORY, ELIZABETH MARIE HOSFORD,

ROBERT EDWARD KIRSCHMAN, JR., CHAD A. READLER; 

BRIAN D. GRIFFIN, BRYAN THOMPSON, Office of General 
Counsel, United States Department of Veterans Affairs, 

Washington, DC. 

 ______________________ 

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

 PER CURIAM (NEWMAN, LINN, and DYK, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36. 

 

 ENTERED BY ORDER OF THE COURT 

 

 October 3, 2018 /s/ Peter R. Marksteiner

 Date Peter R. Marksteiner

 Clerk of Court
# L_2017295EN.01005701.xml

| 14.11.2017 | EN | Official Journal of the European Union | L 295/57 |
| --- | --- | --- | --- |

14.11.2017

EN

Official Journal of the European Union

L 295/57

---

COUNCIL DECISION (CFSP) 2017/2072

of 13 November 2017

updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and amending Decision (CFSP) 2017/1426

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1). |
| --- | --- |

(1)

On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

| (2) | On 4 August 2017, the Council adopted Decision (CFSP) 2017/1426 (2), updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (‘the list’). |
| --- | --- |

(2)

On 4 August 2017, the Council adopted Decision (CFSP) 2017/1426 (2), updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (‘the list’).

| (3) | The Council has determined that there are no longer grounds for keeping one entity on the list. |
| --- | --- |

(3)

The Council has determined that there are no longer grounds for keeping one entity on the list.

| (4) | The list should therefore be updated accordingly, |
| --- | --- |

(4)

The list should therefore be updated accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision (CFSP) 2017/1426 is amended as set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 13 November 2017.

For the Council

The President

F. MOGHERINI

---

(1)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

1

(2)  Council Decision (CFSP) 2017/1426 of 4 August 2017 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/154 (OJ L 204, 5.8.2017, p. 95).

2

---

ANNEX

The following entity is deleted from the list set out in the Annex to Decision (CFSP) 2017/1426:

II.   GROUPS AND ENTITIES

| ‘18. | “Fuerzas armadas revolucionarias de Colombia” — “FARC” (“Revolutionary Armed Forces of Colombia”).’. |
| --- | --- |

‘18.

---
STATE of Louisiana v. Gimoh SHEARD

No. 2019-KK-930

Supreme Court of Louisiana.

June 7, 2019

**ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT FOR THE PARISH OF ORLEANS**

**Writ denied** . Without demonstrating justification as required by Rule 4-3 of the Uniform Rules, Courts of Appeal, the state's application for supervisory review in the appellate court was untimely.

GUIDRY, J., would grant.
CHAIN STORE CONSTRUCTION, INC. v. Doris SWADER

1160499

Supreme Court of Alabama.

October 20, 2017 Reh. denied December 15, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
EXHIBIT 32.1






Statement Pursuant to Section 906 of Sarbanes-Oxley Act of 2002






The undersigned, Daniel Dror, CEO and Chairman of Delta Seaboard International, Inc., a Texas corporation, hereby makes the following certification as required by Section 906(a) of the Sarbanes-Oxley Act of 2002, with respect to the following of this report filed pursuant to Section 15(d) of the Securities Exchange Act of 1934: Quarterly Report
of Form 10-Q for the period ended March 31, 2010.






The undersigned certifies that the above annual report fully complies with the requirements of Section 15(d) of the Securities Exchange Act of 1934, and information contained in the above quarterly report fairly presents, in all respects, the financial condition of Delta Seaboard International, Inc. and results of its operations.






Date:  May 17, 2010


Daniel Dror


Chairman


/s/ Daniel Dror
UNITED STATES DISTRICT COURT

Northern District of California

450 Golden Gate Avenue

San Francisco, California 94102 _____________

www.cand.uscourts.gov

Richard W. Wieking General Court Number 

Clerk 415.522.2000

December 30, 2011

CASE NUMBER: CV 11-06584 DMR 

CASE TITLE: HOLLY JONES-v-AMERICAN MEDICAL SYSTEMS

REASSIGNMENT ORDER 

GOOD CAUSE APPEARING THEREFOR,

IT IS ORDERED that this case is reassigned to the San Jose division.

Honorable Paul S. Grewal for all further proceedings.

Counsel are instructed that all future filings shall bear the initials PSG immediately after

the case number.

ALL MATTERS PRESENTLY SCHEDULED FOR HEARING ARE VACATED AND

SHOULD BE RENOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THE CASE

HAS BEEN REASSIGNED.

Date: 12/30/11

FOR THE EXECUTIVE COMMITTEE:

 

________________________________

Clerk

NEW CASE FILE CLERK:

Copies to: Courtroom Deputies Special Projects

Log Book Noted Entered in Computer 12/30/11 ha

CASE SYSTEMS ADMINISTRATOR:

Copies to: All Counsel Transferor CSA

Case 5:11-cv-06584-LHK Document 5 Filed 12/30/11 Page 1 of 1
January 5

21st March 10:00 a.m. 2 5th 00040 HRL XXXXXXX

Case 5:17-cv-00040-BLF Document 7 Filed 01/30/17 Page 1 of 2
XXXXXX MAGISTRATE

X

Howard R. Lloyd xxxxxxxxx 30th January

Case 5:17-cv-00040-BLF Document 7 Filed 01/30/17 Page 2 of 2
Penny BARNES, Appellant, v. Wendy JOHNS, and The Warrington Bank, a Corporation, Appellees.

No. 1D18-1658

District Court of Appeal of Florida, First District.

May 6, 2019

James L. Chase and Virginia C. Ralls of Chase, Higdon & Ralls, PLC, Pensacola, for Appellant.

Travis R. Johnson of Meador & Johnson, P.A., Pensacola, for Appellee Wendy Johns; Linda A. Hoffman of Carver, Darden, Koretzky, Tessier, Finn Blossman & Areaux, LLC, Pensacola, for Appellee The Warrington Bank.

Per Curiam.

AFFIRMED . *See**Holub v. Holub* , 54 So.3d 585 (Fla. 1st DCA 2011) (holding that a party is bound by prior admissions under oath).

B.L. Thomas, C.J., and Bilbrey and Jay, JJ., concur.
Kenneth CABRAL, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-2318

District Court of Appeal of Florida, Second District.

Opinion filed March 20, 2019

Kenneth Cabral, pro se.

PER CURIAM.

Affirmed.

LaROSE, C.J., and SLEET and LUCAS, JJ., Concur.
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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT 

 NORTHERN DISTRICT OF CALIFORNIA

HENSTOOTH RANCH LLC,

Plaintiffs,

v.

THE BURLINGTON INSURANCE 

COMPANY,

Defendants.

Case No. 17-cv-00006-SI (SI)

PRETRIAL PREPARATION ORDER

(CIVIL)

It is hereby ORDERED pursuant to F.R.C.P. and the Local Rules of this Court:

FURTHER CASE MANAGEMENT: August 4, 2017 at 3:00 PM.

Counsel must file a joint case management statement seven days in advance of the 

conference.

DISCOVERY PLAN: Per F.R.Civ.P and Local Rules, subject to any provisions below.

NON-EXPERT DISCOVERY CUTOFF is: November 3, 2017.

DESIGNATION OF EXPERTS: 12/15/17; REBUTTAL: 1/16/18;

Parties SHALL conform to Rule 26(a)(2).

EXPERT DISCOVERY CUTOFF is: January 31, 2018.

DISPOSITIVE MOTIONS SHALL be filed by; November 3, 2017;

Opp. Due: November 17, 2017; Reply Due: November 24, 2017;

and set for hearing no later than December 8, 2017 at 9:00 AM.

PRETRIAL CONFERENCE DATE: February 27, 2018 at 3:30 PM.

COURT TRIAL DATE: March 12, 2018 at 8:30 AM.

Courtroom 1, 17th floor.

TRIAL LENGTH is estimated to be 3-5 days.

SPECIAL DISCOVERY AND PRETRIAL PROVISIONS:

On or before 5/5/17, counsel shall inform the Court of the name of the selected mediator and 

the date of the mediation session. The private mediation session shall occur by the end of 

July 2017.
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United States District Court

Northern District of California

The pretrial conference SHALL be attended by trial counsel prepared to discuss all aspects 

of the case, including settlement. Parties SHALL conform to the attached instructions. 

Plaintiff is ORDERED to serve a copy of this order on any party subsequently joined in this 

action.

IT IS SO ORDERED.

Dated:

____________________________________

SUSAN ILLSTON

United States District Judge

4/17/17
Fact Sheet Farm Credit Administration

1501 Farm Credit Drive

McLean, Virginia 22102-5090

August 9, 2012 Contact: Michael Stokke or Christine Quinn,

703-883-4056

E-mail: info-line@fca.gov

Website: www.fca.gov

Fact Sheet on Proposed Rule Establishing Regulations

on the Use of Unincorporated Business Entities

The Farm Credit Administration Board approved a proposed rule that would create a regulatory 

framework governing how Farm Credit System (System) institutions may use unincorporated 

business entities (UBEs) organized under state law. Some System institutions currently use 

UBEs to carry out certain functions, services or activities.

FCA proposes to establish new rules within part 611 by creating new subpart J governing UBEs

and new sections 611.1150–611.1158. The FCA Board also approved proposed conforming 

changes to existing regulatory sections. If it becomes final, the rule will accomplish the following:

1. Create a uniform approval and oversight process the agency can use to consider 

requests by System institutions to organize or invest in UBEs for certain functions, 

services or business activities.

2. Affirm FCA’s authority to regulate and examine the System institutions’ use of UBEs, 

including FCA’s authority to impose any conditions deemed necessary and appropriate 

related to UBE business activity and to take enforcement action against System 

institutions’ activities involving UBEs.

3. Prohibit System institutions from using UBEs to engage in direct lending or any activity 

that exceeds their authority under the Farm Credit Act of 1971, as amended, or 

circumvents the application of cooperative principles, as FCA would determine. 

4. Limit the amount of a System institution’s aggregate equity investments in UBEs to 

one percent of the institution’s total loans outstanding at the time the investment is 

made. FCA may impose a lower percentage limit for an institution on the basis of

safety or soundness or other relevant concerns. FCA may also consider and approve a 

request for an investment that exceeds the one percent limit. 
2

5. Establish standards for the proper and adequate disclosure and reporting of System 

UBE activity and ensure that the System’s use of UBEs remains transparent and free 

from conflicts of interest. 

The proposed rule does not give System institutions any new powers or authorities; it 

recognizes institutions’ ability to exercise their existing incidental and investment authorities 

under the Farm Credit Act and their authority to establish UBEs in accordance with the process 

set out in the proposed rule.
Fednel DAVID, Appellant, v. STATE of Florida, Appellee.

No. 4D18-2689

District Court of Appeal of Florida, Fourth District.

[May 16, 2019]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
**EXHIBIT 32.1**

**CERTIFICATION OFPERIODIC REPORT**

The undersignedChairman of the Board, Chief Executive Officer and President and Executive VicePresident and Chief Financial Officer of Marquee Holdings Inc. (the “Company”),each hereby certifies, pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, 18 U.S.C. Section 1350, that:

(1)   theQuarterly Report on Form 10-Q of the Company for the quarter ended September 28,2006 (the “Report”) fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));and

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

**Dated:November 9, 2006**
| /s/ PETER  C. BROWN                                           |   |
|---------------------------------------------------------------|--------|
| Peter C. Brown                                                |   |
| Chairman of the Board,  Chief Executive Officer and President |   |
| /s/ CRAIG R. RAMSEY                                           |   |
| Craig R. Ramsey                                               |   |
| Executive Vice President and  Chief Financial Officer         |   |

 

[A signed original of this written statement requiredby Section 906 has been provided to Marquee Holdings Inc. and will beretained by Marquee Holdings Inc. and furnished to the Securities andExchange Commission or its staff upon request.]

42

----
Makendy JOURDAN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-1408

District Court of Appeal of Florida, Fifth District.

Decision filed May 28, 2019

James S. Purdy, Public Defender, and Scott G. Hubbard, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

BERGER, LAMBERT and HARRIS, JJ., concur.
**Exhibit 23.1**

**Consent of Independent Registered Public Accounting Firm**

The Board ofDirectors 

Carrizo Oil & Gas, Inc.: 

We consent to the incorporation by reference in the registration statement (No. 333-159237) on Form S-3 and the registration statements (Nos. 333-162888, 333-137273, 333-116528, 333-55838, and 333-35245)on Form S-8 of Carrizo Oil & Gas, Inc. of our reports dated February 29, 2012, with respect to the consolidated balance sheets of Carrizo Oil & Gas, Inc. as of December 31, 2011 and 2010, and the related consolidatedstatements of operations, stockholders’ equity, and cash flows, for each of the years in the three-year period ended December 31, 2011, and the effectiveness of internal control over financial reporting as of December 31, 2011, whichreports appear in the December 31, 2011 annual report on Form 10-K of Carrizo Oil & Gas Inc. 

/s/ KPMG LLP

Houston, Texas 

February 29, 2012
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 Quarterly Report on Form 10-QSB of Optionable,  Inc. (the
"Company")  for the quarter ended March 31, 2007,  as filed with the  Securities
and  Exchange  Commission  on the date hereof (the  "Report"),  the  undersigned
hereby  certifies,  pursuant  to 18  U.S.C.  Section  1350,  to the  best of the
undersigned's knowledge and belief, 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 results of operations of the Company.


Date:  April 30, 2007                                   /s/ Kevin Cassidy
                                                     ---------------------
                                                      Kevin Cassidy
                                                     Chief Executive Officer


  [A signed original of this written statement required by Section 906 has been
provided to Optionable, Inc. and will be reatined by Optionable, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

# TIME AND DATE:

2:00 p.m. on Thursday, January 30, 2025.

# PLACE:

The meeting will be held via remote means and/or at the Commission's headquarters, 100 F Street NE, Washington, DC 20549.

# STATUS:

This meeting will be closed to the public.

# MATTERS TO BE CONSIDERED:

Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters also may be present.

                        In the event that the time, date, or location of this meeting changes, an announcement of the change, along with the new time, date, and/or place of the meeting will be posted on the Commission's website at                         *https://www.sec.gov.*

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), permit consideration of the scheduled matters at the closed meeting.

The subject matter of the closed meeting will consist of the following topics:

Institution and settlement of injunctive actions;

Institution and settlement of administrative proceedings;

Resolution of litigation claims; and

Other matters relating to examinations and enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting agenda items that may consist of adjudicatory, examination, litigation, or regulatory matters.

# CONTACT PERSON FOR MORE INFORMATION:

For further information, please contact Vanessa A. Countryman from the Office of the Secretary at (202) 551-5400.

*Authority:*5 U.S.C. 552b.                    

Dated: January 23, 2025.

Vanessa A. Countryman, 

Secretary.

[FR Doc. 2025-01813 Filed 1-23-25; 4:15 pm]

BILLING CODE 8011-01-P
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Exhibit 23.2



                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent  public  accountants,  we hereby consent to the use of our report
dated  April  5,  1996  on the  consolidated  financial  statements  of  Champps
Entertainment,  Inc.  (which are  included in the  restated  combined  financial
statements  of  Unique  Casual  Restaurants,  Inc.) It  should  be noted we have
performed  no audit  procedures  subsequent  to April 5,  1996,  the date of our
report.  Furthermore,  we have not audited any  financial  statements of Champps
Entertainment, Inc. as of any date or for any period subsequent to July 2, 1995.



                                                             ARTHUR ANDERSEN LLP



Minneapolis, Minnesota,
October 13, 1997