alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-50545

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JESUS MANUEL TRINIDAD-ZENTENO,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-98-CR-52-ALL-H

- - - - - - - - - -

November 18, 1998

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Court-appointed counsel for Jesus Manuel Trinidad-Zenteno

has moved for leave to withdraw and has filed a brief as required

by Anders v. California, 386 U.S. 738 (1967). Trinidad-Zenteno

has not filed a response. Our independent review of the brief

and the record discloses no nonfrivolous issue. Accordingly, the

motion for leave to withdraw is GRANTED, counsel is excused from

further responsibilities herein, and the APPEAL IS DISMISSED.
STATE of Louisiana v. Phillip MARTIN

NO. 2019-KK-0871

Supreme Court of Louisiana.

June 12, 2019

Stay denied. Writ denied.
EX PARTE Robert LITTLETON III

CR-16-1252

Court of Criminal Appeals of Alabama.

January 16, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Mand. pet. dismissed.
Lamiko Keon JAMES v. STATE

CR-16-0367

Court of Criminal Appeals of Alabama.

January 26, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Reh. denied.
Anthony A. CARTER, Doc #Y00008, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-1184

District Court of Appeal of Florida, Second District.

Opinion filed March 15, 2019

Anthony A. Carter, pro se.

PER CURIAM.

Affirmed.

LaROSE, C.J., LUCAS, and SALARIO, JJ., Concur.
<PAGE>   1

                                                                    Exhibit 23-c



INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference of our reports dated November 9,
1999, appearing in and incorporated by reference in this Annual Report on Form
10-K of Meritor Automotive, Inc. for the year ended September 30, 1999 in the
following Registration Statements of Meritor Automotive, Inc.:

Form        Registration  No        Purpose
S-8         333-35403               Meritor Automotive, Inc. Savings Plan

S-8         333-35407               Meritor Automotive, Inc. Long Term
                                    Incentives Plan



DELOITTE & TOUCHE LLP

Detroit, Michigan
December 17, 1999
Alberto SILVA, Appellant, v. Mary H. SILVA, et al., Appellees.

No. 3D17-2008

District Court of Appeal of Florida, Third District.

Opinion filed February 13, 2019

Andrew M. Kassier, for appellant.

Ashley Moody, Attorney General, and Toni C. Bernstein (Tallahassee), Senior Assistant Attorney General, for appellee, Department of Revenue.

Before FERNANDEZ, LOGUE and MILLER, JJ.

PER CURIAM.

On the record before us, we conclude that the trial court did not commit reversible error when it denied the Former Husband's Motion to Vacate. There was no basis upon which to impute income to the mother, *see* § 61.30, Fla. Stat., and the Department of Revenue established a substantial change in circumstances requiring an increase in the father's child support obligation, *see* § 61.14, Fla. Stat.

Affirmed.
I 

119TH CONGRESS 

1ST SESSION H. R. 88 

To amend the Federal Food, Drug, and Cosmetic Act to exempt from 

regulation as devices non-invasive diagnostic devices, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2025 

Mr. BIGGS of Arizona introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Federal Food, Drug, and Cosmetic Act to 

exempt from regulation as devices non-invasive diagnostic 

devices, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medical Innovation Ac5 celeration Act of 2025’’. 

6 SEC. 2. EXEMPTING NON-INVASIVE DIAGNOSTIC DEVICES 

7 FROM REGULATION AS DEVICES. 

8 Section 201(h) of the Federal Food, Drug, and Cos9 metic Act (21 U.S.C. 321(h)) is amended— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 88 IH

1 (1) by striking ‘‘section 520(o)’’ and inserting 

2 the following: ‘‘section 520(o) or any non-invasive di3 agnostic device’’; and 

4 (2) by adding at the end the following: ‘‘For 

5 purposes of the preceding sentence, the term ‘non6 invasive’ means, with respect to a diagnostic device, 

7 that the device does not penetrate the skin or any 

8 other membrane of the body, is not inserted or im9 planted into the body, causes no more than ephem10 eral compression or temperature changes to in situ 

11 bodily tissues, and does not subject bodily tissues to 

12 ionizing radiation.’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

RODERICK MOSS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D18-2551

[November 15, 2018]

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

the Seventeenth Judicial Circuit; Barbara McCarthy, Judge; L.T. Case No. 

91-15752 CF10A.

Roderick Moss, Chipley, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed.

MAY, DAMOORGIAN and LEVINE, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
ex10-13.htm


    Exhibit
10.13

    NOTE
HOLDER SETTLEMENT AGREEMENT

    


    As noted
in the attached letter to Security Holders dated May 7, 2008 (the “Transmittal
Letter”), Muragai is “unwilling for the most part to provide funds to pay past
liabilities” and that “concessions by other debt holders” are required as a
condition to closing the funding. In this regard, we are requesting that
creditors agree to a cash settlement for less than the full amount owed to them
as specifically set forth below. Interest has been accrued through April 11,
2008 on the note.

    


    Management
and the Board of Directors hereby request that you execute this agreement to
accept cash as settlement for your note and interest due, and return the
agreement along with your note in the enclosed envelope. The agreement only
becomes effective upon closing of the funding. Otherwise the agreement and note
will be returned to you. Assuming the funding is closed a check from the Company
will be mailed to you within 10 days of the close and the note will be marked
paid.

    


    Settlement
Agreement

    


    The
undersigned hereby agrees simultaneous with the closing of the transaction with
Muragai as described in the Transmittal Letter, to accept the cash amount set
forth below as full payment for the face amount of note and accrued interest
both as set forth below, thereby canceling such face amount of note and interest
due. I further agree that upon receipt of the cash set forth that no additional
interest will accrue beyond April 11, 2008.

    


    Face
amount of notes $380,068.37 (Three hundred
Eighty thousand Sixty-eight and 37/100 dollars)

    


    Interest
due $24,297.00
(Twenty-four thousand Two hundred Ninety-seven and 00/100
dollars)

    


    Amount of
cash accepted $101,091.45 (One hundred One
thousand Ninety-one and 45/100 dollars)

    


    


    
      
        
          
            	 
      	
                    Signature

                  
	 
      	
                    /s/ Greg Wardlaw

                  
	 
      	
                    05/12/2008

                  
	 
      	 
      
	 
      	
                    Lockheed Martin Services,
    Inc.

                  
	 
      	
                    (exactly
      as it appears on the note)

                  
	 
      	 
      
	 
      	
                    Print
      Name:

                  
	 
      	
                    Greg
      Wardlaw, Manager of Contract Administration

                  
	 
      	
                    Lockheed
      Martin Mission Services, Civil Programs

                  
	 
      	
                    Address:
      (Federal Express)

                  
	 
      	
                    Greg
      Wardlaw

                  
	 
      	
                    595
      Gemini Ave.

                  
	 
      	
                    Houston,
      TX 77058

                  
	 
      	
                    Mail
      Drop L1G

                  
	 
      	 
      
	
                    Control
      # NP08004
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 16-1615

___________________________

Robert Earl Clayborne, Jr.,

lllllllllllllllllllll Plaintiff - Appellant,

v.

Lancanster County; Lancaster County Jail Director, individually and in their

official capacity jointly and severally; Lancaster County Medical Director,

individually and in their official capacity jointly and severally; Lancaster County

Correct Care Solutions Medical Department; Mary Howell, Lancaster County

Correct Care Solutions Mental Health Practitioner, individually and in their official

capacity jointly,

lllllllllllllllllllll Defendants,

Christopher Eickholt, Lancaster County Public Defender/Court Official,

individually and in their official capacity jointly and severally; Lori Pasold,

Lancaster County Attorney, individually and in their official capacity jointly and

severally; Stephanie Stacy, Lancaster County District Court Judge, individually

and in their official capacity jointly and severally,

lllllllllllllllllllll Defendants - Appellees,

Patrick F. Condon, Lancaster County Chief Deputy County Attorney, individually

and in their official capacity jointly and severally; State of Nebraska,

lllllllllllllllllllll Defendants.

____________

Appeal from United States District Court 

for the District of Nebraska - Omaha

____________
 Submitted: July 22, 2016

Filed: August 3, 2016

[Unpublished]

____________

Before COLLOTON, BOWMAN, and GRUENDER, Circuit Judges.

____________

PER CURIAM.

Robert Clayborne, Jr. appeals the district court’s1

 28 U.S.C. § 1915(e)(2)

dismissal of his pro se complaint asserting a claim of deliberate indifference to his

serious medical needs, under 42 U.S.C. § 1983, and a claim of disability

discrimination, under the Americans with Disabilities Act. Upon careful de novo

review, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam), we

conclude that the dismissal was proper. Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

1

The Honorable Richard G. Kopf, United States District Judge for the District

of Nebraska.

-2-
# m8535.docx

EUROPEAN COMMISSION Brussels, 7.7.2017 C( 2017 ) 4944 final To the notifying parties Subject : Case M. 8535 – ITOCHU / TOPPAN PRINTING / THUNG HUA SINN / TPN FOOD PACKAGING Commission decision pursuant to Article 6(1 )( b) of Council Regulation (EC) No 139/2004 1 and Article 57 of the Agreement on the European Economic Area 2 Dear Sir or Madam, 1. On 12 June 2017 , the European Commission received notification of a proposed conc entration pursuant to Article 4 of the Merger Regulation by which the undertakings Toppan Printing Co., Ltd. ('Toppan Printing', Japan), Itochu Corporation ('Itochu', Japan) and Thung Hua Sinn Enterprises Co, part of the Thung Hua Sinn group ('THS', Thailand) acquire within the meaning of Article 3(4) of the Merger Regulation joint control of the whole of the undertaking TPN Food Packaging Co., Ltd. ('TPN', Thailand), by way of a purchase of shares. TPN is currently controlled by THS . 3 2. The business activities of the undertakings concerned are: - for Toppan Printing: development of printing technology, - for Itochu Corporation: trading of various products including textile, machinery, metals, minerals, energy, chemicals, food, information and communications, technology, realty, insurance, logistics services, construction and finance, - for THS: print and packaging manufacturing, - for THS: print and packaging manufacturing. 3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5 ( a ) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 . 4 4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1 )( b) of the Merger Regulation and Article 57 of the EEA Agreement . For the Commission (Signed) Johannes LAITENBERGER Director - General
(1)
OJ L 24, 29.1.2004, p. 1 ( the ' Merger Regulation ' ). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ( ' TFEU ' ) has introduced certain changes, such as the replacement of ' Community ' by ' Union ' and ' common market ' by ' internal market ' . The terminology of the TFEU will be used throughout this decision.
(2) OJ L 1, 3.1.1994, p. 3 ( the ' EEA Agreement ' ).
(3) Publication in the Official Journal of the European Union No C 198 , 22 . 6 . 2017 , p. 7 .
(4)
OJ C 366, 14.12.2013, p. 5 .
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER ON M OTION

November 7, 2008 Revision Cause number: 01

- 14

- 00 0 2 7

- CV

Style: Tory House, et al. v

. The O’Quinn Law Firm, John M. O’Quinn &

Associates, L.L.P., and T. Gerald Treece as Independent Executor of

the Estate of John M. O’Quinn, Deceased

Date motion filed * : November 17 , 2014

Type of motion s : Amended M otion to Withdraw a nd Substitute Attorney

Part ies filing motion s : Appell ees The O’Quinn Law Firm and John M. O’Quinn &

Associates, L.L.P. ’s counsel Mike O’Brien

Document to be filed: N/A

Is appeal accelerated? No

Ordered that motion i s :

 Granted

If document is to be filed, document due:

 Denied

 Dismissed ( e.g. , want of jurisdiction, moot)

 Other: _____________________________________

The amended motion to withdraw and substitute attorney is granted because substitute

attorney s Kenneth R. Breitbeil and Norma N. Bennett filed a notice of appearance as

co

- counsel for appellees on November 13, 2014

. See T EX

. R. A PP . P. 6. 2, 6. 5(d).

The Clerk of this Court is directed to remove Mike O’Brien as counsel for appellees

The O’Quinn Law Firm and John M. O’Quinn & Associates, L.L.P. and to substitute

Mr. Br e itbeil and Ms. Bennett as lead counsel for those appellees

.

Judge ’ s signature: /s/ EvelynV. Keyes



Date: November 20, 2014
----

----

| Date:  | February      13, 2009 |         | /s/Daniel R.      Herndon                         |
|--------|------------------------|--------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                   | Name:   | Daniel R. Herndon                                                                                                                                                    |
|   |                   | Title:  | President and Chief Executive      Officer                                                                                                                           |
|   |                   |         |                                                                                                                                                                 |
|   |                   |         | /s/Clyde D.      Patterson                        |
| Date:  | February      13, 2009 | Name:        | Clyde D.Patterson                                                                                                                                                    |
|   |                   | Title:       | Executive Vice President                                                                                                                                             |
|   |                   |         | (Principal Financial      Officer)                                                                                                                                   |
|   |                   |         |                                                                                                                                                                 |
ROBOCOM SYSTEMS INTERNATIONAL INC.                                 EXHIBIT 10.18

September 19, 2000

Robocom Systems International Inc.
511 Ocean Avenue
Massapequa, New York 11758

Attention: C. Kenneth Morrelly
           President & Chief Executive Officer

Gentlemen/Ladies:

      I, Lawrence B. Klein, hereby confirm that I hold, subject to the terms and
conditions set forth in this letter, available to Robocom Systems International
Inc. (the "Company"), a $50,000 unsecured line of credit.

      Each advance under this line of credit shall be evidenced by, shall be
payable as provided in, and shall bear interest at the rate specified in, a
promissory note of the Company in the form included with this letter.

      This line of credit shall be held available until September 19, 2001.

                                        Very truly yours,


                                        By: /s/ Lawrence B. Klein
                                           -------------------------------------
                                           Name: Lawrence B. Klein
Amendment to Change in Control and Severance Agmt



 Exhibit 10.3 
 AMENDMENT TO 
 CHANGE IN CONTROL AND SEVERANCE AGREEMENT 
 THIS AMENDMENT TO CHANGE IN CONTROL AND SEVERANCE AGREEMENT (“Agreement”) is made and entered into as of the 13th day of January, 2009 by and
between CenterState Banks of Florida, Inc., a Florida banking corporation (the “Corporation”) and Thomas E. White (the “Executive”). 
 BACKGROUND 
 The Corporation and the Executive entered into a Change in Control and Severance
Agreement dated July 11, 2006 (the “Agreement”). The parties desire to enter into this Amendment to amend certain provisions of the Agreement. 
 NOW, THEREFORE, in consideration of the promises and of the covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Corporation and the Executive covenant and agree as follows: 
 1. Defined Terms. Capitalized terms used in this Amendment shall have the meanings
given to such terms in the Agreement, unless otherwise provided in this Amendment. 
 2. Amendment of Section 6 of Agreement. Section 6 of
the Agreement is amended by deleting the first two paragraphs of Section 6 in their entirety, and inserting the following section in lieu thereof: 
 Upon the occurrence of a Change in Control, the Corporation shall pay Executive as severance pay or liquidated damages, or both, a lump sum cash payment equal to 2.5 times (two and one-half times) the Executive’s
annual base salary. Such payment will be paid to the Executive no later than the date of the Change of Control. The term annual base salary shall refer to the Executive’s then current base salary annualized and does not include cash bonus
payments, if any, for services rendered to the Corporation or any subsidiary. The foregoing shall be in addition to any other rights that the Executive may be entitled to under any other agreements with, or benefit plans of, the Corporation or any
subsidiary. 
 The remaining paragraph of that Section 6 shall remain in full force and effect. 
 3. Effect of Amendment. Except as expressly modified by this Amendment, the terms, covenants and conditions of the Agreement shall remain in full force and
effect. 
  

 8 








 IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.

  

					
	“CORPORATION”	 	“EXECUTIVE”
		
	CENTERSTATE BANKS OF FLORIDA, INC.	 	Thomas E. White
			
	By:	 	 /s/ Ernest S. Pinner
	 	 /s/ Thomas E. White

		 	Ernest S. “Ernie” Pinner	 	Thomas E. White
		 	President and Chief Executive Officer	 	

  

 9
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9 

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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

FINJAN, INC., a Delaware

Corporation, 

v. 

Plaintiff(s),

CISCO SYSTEMS, INC., a California

Corporation, 

)

) Case No: 5:17-cv-00072

) 

) APPLICATION FOR 

) ADMISSION OF ATTORNEY 

) PRO HAC VICE 

� (CIVIL LOCAL RULE 11-3)

Defendant(s). ) ___________) 

! Reset Form [!

I, David C. Dotson an active member in good standing of the bar of 

Georgia hereby respectfully apply for admission to practice pro hac vice in the

Northern District of California representing: Cisco Systems, Inc. in the 

above-entitled action. My local co-counsel in this case is Patrick S. Salceda an

attorney who is a member of the bar of this Court in good standing and who maintains an office

within the State of California.

MY ADDRESS OF RECORD: 

1075 Peachtree Street NE, Suite 2000

Atlanta, GA 30309 

MY TELEPHONE# OF RECORD: 

(404) 253-6900

MY EMAIL ADDRESS OF RECORD: 

dcdotson@duanemorris.com 

LOCAL CO-COUNSEL'S ADDRESS OF RECORD: 

One Market Plaza, Spear Tower, Suite 2200

San Francisco, CA 94105 

LOCAL CO-COUNSEL'S TELEPHONE# OF RECORD: 

(415) 957-3000

LOCAL CO-COUNSEL'S EMAIL ADDRESS OF RECORD: 

psalceda@duanemorris.com 

I am an active member in good standing of a United States Court or of the highest court of

another State or the District of Columbia, as indicated above; my bar number is: 138040 

A true and correct copy of a certificate of good standing or equivalent official document from said

bar is attached to this application. 

I agree to familiarize myself with, and abide by, the Local Rules of this Court, especially the 

Standards of Professional Conduct for attorneys and the Alternative Dispute Resolution Local Rules.

I declare under penalty of perjury that the foregoing is true and correct. 

Dated: David C. Dotson 

APPLICANT

ORDER GRANTING APPLICATION 

FOR ADMISSION OF ATTORNEY PRO HAC VICE 

IT IS HEREBY ORDERED THAT the application of David C. Dotson is granted,

subject to the terms and conditions of Civil L.R. 11-3. All papers filed by the attorney must indicate

appearance pro hac vice. Service of papers upon, and communication with, local co-counsel

designated in the application will constitute notice to the party.

Dated:

UNITED ST ATES DISTRICT/MAGISTRATE JUDGE 

PRO HAC VICE APPLICATION & ORDER October 2012 

03/06/2017

March 6, 2017

Case 5:17-cv-00072-BLF Document 21 Filed 03/06/17 Page 1 of 1