alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STATE of Louisiana v. Eric Dominic NABORS

No. 2019-KK-0567

Supreme Court of Louisiana.

May 28, 2019

**ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF OUACHITA**

Writ denied.

CRICHTON, J., additionally concurs and assigns reasons.

Crichton, J., additionally concurs and assigns reasons.

I agree with the decision to deny this writ, and write separately to note that the court of appeal's action to reinstate the jury verdict was, in my view, eminently correct. As the court of appeal aptly noted in its first reversal of the trial court's grant of a JNOV in this case, the trial court ruling was an "absolute abuse of discretion." *State v. Nabors* , 52-163, p. 18 (La. App. 2 Cir. 7/19/18), 251 So.3d 1214, 1225, *reh'g denied* (8/6/18), *writ denied* , 18-1477 (La. 9/21/18), 252 So.3d 496. Further, because the jury's unanimous guilty verdict already withstood appellate review for sufficiency of evidence in the first instance, the trial court's underlying ruling at issue in this writ, which granted defendant's motion for a new trial, was in direct contravention to the first court of appeal ruling, made final by this Court's writ denial. Defendant was simply not entitled to another modification of the initial jury verdict on sufficiency of the evidence. Given the trial court's arguably contemptuous ruling, in my view, this trial judge may be required under the relevant code articles and canons to issue an order of self-recusal from this case with respect to resentencing of the defendant, any further direct action, and collateral review.
Exhibit 33.2

[logo]                                                     Wells Fargo Bank, NA
                                                           Document Custody
                                                           1015-10th Avenue SE
                                                           Minneapolis, MN 55014


          ASSESSMENT OF COMPLIANCE WITH APPLICABLE SERVICING CRITERIA

Corporate Trust Services division of Wells Fargo Bank, National Association (the
"Company") is responsible for assessing compliance with the servicing criteria
set forth in Item 1122(d) of Regulation AB promulgated by the Securities and
Exchange Commission. The Company has determined that the servicing criteria are
applicable in regards to the servicing platform as of and for the period as
follows:

Platform: Publicly-issued (i.e., transaction-level reporting required under the
Securities Exchange Act of 1934, as amended) residential mortgage-backed
securities and commercial mortgage-backed securities issued on or after January
1, 2006 for which the Company provides document custody services, excluding
any publicly issued transactions issued by any government sponsored entity (the
"Platform").

Applicable Servicing Criteria: The servicing criteria set forth in Item
1122(d)(1)(iv), 1122(d)(4)(i) and 1122(d)(4)(ii), in regard to the activities
performed by the Company with respect to the Platform (the "Applicable Servicing
Criteria"). Management of the Company has determined that all other servicing
criteria set forth in Item 1122(d) are not applicable to the Platform.

Period: As of and for the twelve months ended December 31, 2007 (the "Period").

With respect to the Platform and the Period, the Company provides the following
assessment of compliance with respect to the Applicable Servicing Criteria:

1. The Company is responsible for assessing its compliance with the Applicable
Servicing Criteria.

2. The Company has assessed compliance with the Applicable Servicing Criteria.
In performing this assessment, the Company used the criteria set forth by the
Securities and Exchange Commission in paragraph (d) of Item 1122 of Regulation
AB.

3. Based on such assessment, as of and for the Period, the Company has complied,
in all material respects with the Applicable Servicing Criteria.

KPMG LLP, a registered public accounting firm, has issued an attestation report
with respect to the Company's assessment of compliance as of and for the Period.



                                         WELLS FARGO BANK, NATIONAL ASSOCIATION

                                         By: /s/ Shari Gillund

                                         Its: Senior Vice President

                                         Dated: February 28, 2008
Exhibit 32.2 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-Q of Inland American Real Estate Trust, Inc. (the "Company") for the fiscal quarter ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Lori J. Foust, treasurer and principal financial officer of the Company, certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of her knowledge: (1) 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) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  Date: November 12, 2009By:/s/ Lori J. FoustName:Lori J. FoustTitle:Treasurer and principal financial officer  This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.  A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
Accountants and Business
Advisors


REPORT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM








Board of
Directors and Shareholders


Land
America Tax and Flood Services, Inc.








We have
examined management's assertion, included in the accompanying Report on
Assessment of Compliance with Regulation AB Servicing Criteria ("Management's
Report"), that Land America Tax and Flood Services, Inc. (the "Company")
complied with the servicing criteria set forth in Item 1122(d) of the U.S.
Securities and Exchange Commission's Regulation AB for the residential and
commercial mortgage backed securities for which the Company served as
third-party property tax payment provider on the underlying collateral (the
"Platform") as of and for the year ended December 31, 2007, excluding criteria
1122(d)(l)(i)-(iv), 1122(d)(2)(i)-(vii), 1122(d)(3)(i)-(iv), 1122(d)(4)(i)-(x)
and 1122(d)(4)(xiii)-(xv), which management has determined are not applicable to
the activities performed by the Company with respect to the Platform. Management
is responsible for the Company's compliance with the applicable servicing
criteria. Our responsibility is to express an opinion on management's assertion
about the Company's compliance with the applicable servicing criteria for the
Platform based on our examination.





Our
examination was conducted in accordance with the standards of the Public Company
Accounting Oversight Board (United States) and, accordingly, included examining,
on a test basis, evidence about the Company's compliance with the applicable
servicing criteria for the Platform and performing such other procedures as we
considered necessary in the circumstances. Our examination included testing
selected asset-backed transactions and securities constituting the Platform and
evaluating whether the Company performed servicing activities related to those
transactions and securities in compliance with the applicable servicing criteria
for the period covered by this report. Accordingly, our testing may not have
included servicing activities related to each asset-backed transaction or
security constituting the Platform. Further, our examination was not designed to
detect material noncompliance that may have occurred prior to the period covered
by this report and that may have affected the Company's servicing activities
during the period covered by this report. We believe that our examination
provides a reasonable basis for our opinion. Our examination does not provide a
legal determination on the Company's compliance with the applicable servicing
criteria.





In our
opinion, management's assertion that Land America Tax and Flood Services, Inc.
complied with the aforementioned applicable servicing criteria as of and for the
year ended December 31, 2007 is fairly stated, in all material
respects.








/s/ Grant
Thornton LLP





San
Diego, CA


February
6, 2008


12340 El
Camino Real
 Suite
220
 San Diego,
CA  92130
 T     858.704.8000
 F     858.704.8099
 W   www.grantthornton.com
  Grant
Thornton LLP
 US
Member of Grant Thornton International
<TABLE> <S> <C>

<ARTICLE> UT
<CIK> 0001023291
<NAME> TEXAS UTILITIES COMPANY
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                       23,207
<OTHER-PROPERTY-AND-INVEST>                     10,028
<TOTAL-CURRENT-ASSETS>                           3,904
<TOTAL-DEFERRED-CHARGES>                         2,873
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                  40,012
<COMMON>                                         6,904
<CAPITAL-SURPLUS-PAID-IN>                        (255)
<RETAINED-EARNINGS>                              1,384
<TOTAL-COMMON-STOCKHOLDERS-EQ>                   8,033
<PREFERRED-MANDATORY>                            1,214
<PREFERRED>                                        190
<LONG-TERM-DEBT-NET>                            17,022
<SHORT-TERM-NOTES>                                 464
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                   1,777
<LONG-TERM-DEBT-CURRENT-PORT>                    1,280
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                  10,032
<TOT-CAPITALIZATION-AND-LIAB>                   40,012
<GROSS-OPERATING-REVENUE>                        8,197
<INCOME-TAX-EXPENSE>                               125
<OTHER-OPERATING-EXPENSES>                       7,063
<TOTAL-OPERATING-EXPENSES>                       7,063
<OPERATING-INCOME-LOSS>                          1,134
<OTHER-INCOME-NET>                                (28)
<INCOME-BEFORE-INTEREST-EXPEN>                   1,106
<TOTAL-INTEREST-EXPENSE>                           761
<NET-INCOME>                                       281
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                      281
<COMMON-STOCK-DIVIDENDS>                           316
<TOTAL-INTEREST-ON-BONDS>                          230
<CASH-FLOW-OPERATIONS>                           1,299
<EPS-BASIC>                                       1.00
<EPS-DILUTED>                                     1.00


</TABLE>
# Supreme Court of Florida

____________ No. SC2 1

- 2 53

____________ IN RE: AMENDMENT TO FLORIDA RULE OF APPELLATE PROCEDURE 9
. 020
. September 2, 2021
PER CURIAM. Before the Court is the report of The Florida Bar’s Appellate
Court Rules Committee (Committee) proposing an amendment to
Florida Rule of Appellate Procedure 9

. 0 20 (Definitions). See Fla. R.
Gen. Prac. & Jud. Admin. 2.140(b)(1). We have jurisdiction. Se e art. V, § 2(a), Fla. Const. The Committee proposes a mend ing rule 9

. 0 20 to include
motions filed under Florida Rule of Civil Procedure 1.535 (Remittitur and Additur) in the list of motions that toll rendition of
final orders

. The Committee ’s proposal was approved by the Board of
Governors of The Florida Bar by a vote of 39

- 1. The prop os ed- 2

- amendment was published by both the Committee and the Court. No comments were received following either publication. Having considered the proposed amendment, the Court hereby
amends Florida Rule of Appellate Procedure 9

. 020 as proposed by
the Commi tte e. In subdivision ( h )(1) (A) , the words “ , remittitur, or
additur” are added after “motion for new trial” to clarify that timely,
authorized motions for remittitur or additur toll rendition. Accordingly, the Florida Rules of Appellate Procedure are

ame nded as set forth in the appendix to this opinion. New language is indicated by underscoring

. The amendments shall become
effective on October 1, 2021, at 12:01 a.m.
It is so ordered. CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSS HANS, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF TH IS AMENDMENT. Original Proceeding

– Florida Rules of Appellate Procedure Laura Anne Triplett Roe, Chair, Hon orable Stephanie Williams Ray, Past Chair, Appell ate Court Rules Committee, Tallahassee, Florida , Joshua E. Doyle, Executive Director, and Krys Godwin, Staff Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner- 3

- Appendix
RULE 9.020. DEFINITIONS The following terms have the meanings shown as used in these rules: (a)
- (g) [NO CHANGE] (h) Rendition of an Order. An order is rendered when a signed, written order is filed with the clerk of the lower tribunal. (1) Motions Tolling Rendition. The following motions, if authorized and timely filed, toll rendition unless another applicable rule of procedure specifically provides to the contrary: (A) motion for new trial , remittitur, or additur ; (B)

– (L) [NO CHANGE] (2) [NO CHANGE] (i)

- ( l ) [NO CHANGE]
Committee Notes [NO CHANGE]
Court Commentary [NO CHANGE]
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 21

- 698

_____________________________ C EDRIC W ILLIAMS

- D ANIELS , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Duval County

. Meredith Charbula , Judge

. September 14, 2021

P ER C URIAM

.
A FFIRMED

.
L EWIS , M AKAR , and B ILBREY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Cedric Williams

- Daniels, pro se
, Appellant.

Ashley Moody, Attorney General, and Daren L. Shippy, Assistant Attorney General, Tallahassee
, for Appellee.
Jack D. BERGSTRESSER, Appellant, v. STATE of Florida, Appellee.

No. 1D18-2772

District Court of Appeal of Florida, First District.

July 9, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
<PAGE>


                                   EXHIBIT 11
                            U.S.B. HOLDING CO., INC.
                    COMPUTATION OF EARNINGS PER COMMON SHARE

             FOR THE THREE AND NINE MONTHS ENDED SEPTEMBER 30, 2000



<TABLE>
<CAPTION>

                                                       THREE MONTHS       NINE MONTHS
                                                           ENDED              ENDED
                                                   SEPTEMBER 30, 2000   SEPTEMBER 30, 2000
                                                   ------------------   ------------------
                                                          (000'S, EXCEPT SHARE DATA)
<S>                                                     <C>             <C>
NUMERATOR:
        Net income                                      $     5,046     $    15,139
        Less preferred stock dividends                           --              11
                                                        -----------     -----------


        Net income for basic and diluted earnings
          per common share - net income available
          to common stockholders                        $     5,046     $    15,128
                                                        ===========     ===========

DENOMINATOR:
        Denominator for basic earnings per common
           share - weighted average shares               16,554,569      16,547,145

        Effects of dilutive securities:
          Director and employee stock options               455,930         552,450
          Restricted stock not vested                         1,252           1,283
                                                        -----------     -----------
        Total effects of dilutive securities                457,182         553,733
                                                        -----------     -----------

        Denominator for diluted earnings per common
           share - adjusted weighted average shares      17,011,751      17,100,878
                                                        ===========     ===========

        Basic earnings per common share                 $      0.30     $      0.91
                                                        ===========     ===========
        Diluted earnings per common share               $      0.30     $      0.88
                                                        ===========     ===========
</TABLE>
Exhibit
32.1


Certification
of Principal Executive Officer


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




In
connection with the Annual Report on Form 10-K/A for the year ended December 31,
2008 (the “Report”) of United States 12 Month Oil Fund, LP (the “Registrant”),
as filed with the Securities and Exchange Commission on the date hereof, I,
Nicholas D. Gerber, the President and Chief Executive Officer of United States
Commodity Funds LLC, General Partner of the Registrant, hereby certify, to the
best of my knowledge, that:




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





Date:  August
      18, 2009
                By:
                /s/
      Nicholas D. GerberName:
                  Title:
                Nicholas
      D. Gerber
                  President
      and Chief Executive Officer
                  United
      States Commodity Funds LLC,
                  General
      Partner of United States 12 Month Oil Fund,
LP
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: In re Gordon Parsons and Beverly Parsons, Relator s

Appellate case number: 01

- 1 8

- 00 588

- CV

Trial court case number: CI54724

Trial court: Coun t y Court at Law No. 1 and Probate Court o f Br a zo ri a

County

The Court withdraws the December 6, 2018 Order of Abatement. The petition

remains on this Court’s active docket

.

It is so ORDERED.

Judge’s signature:

____

/s/ Laura C. Higley

_______  Acting individually  Acting for the Court

Date: __ December 7, 2018

_____
exv10w1






Exhibit 10.1




AMENDMENT NO. 1




TO




TERM NOTE




     This AMENDMENT NO. 1 (this “Amendment”) to the Term Note dated October 27, 2008, in the
original principal amount of Three Million Dollars ($3,000,000) payable to the order of Clinical
Data, Inc. (“CLDA,” and such Term Note referred to as the “Term Note”) is made as of this
12th day of January, 2009 by and between Avalon Pharmaceuticals, Inc. (“Avalon”) and
CLDA.



     WHEREAS, Avalon and CLDA desire to amend the Term Note to extend the Maturity Date, as that
term is defined in Section 4 of the Term Note, from March 31, 2009 to April 30, 2009.



     NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, in
the Term Note and in the Note Purchase Agreement, as that term is defined in Section 1 of the Term
Note, and for other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties hereto agree as follows:



     SECTION 1. Amendment to the Term Note.



     Section 4 of the Term Note is hereby amended by deleting it in its entirety and replacing it
with the following:




Maturity Date. All of the amounts due hereunder shall be due and payable on the
earlier to occur of April 30, 2009, or such earlier date as such maturity may be
accelerated pursuant to the terms hereof (the “Maturity Date”).



     SECTION 2. Full Force and Effect. The Term Note shall remain in full force and
effect, except as modified hereby.



     SECTION 3. Counterparts. This Amendment may be executed by one or more of the parties
hereto on any number of separate counterparts, and all of said counterparts taken together shall be
deemed to constitute one and the same instrument.



     SECTION 4. Governing Law. This Amendment shall be construed in accordance with and
governed by the laws of the State of New York, without regard to its principles of conflicts of
laws.



     SECTION 5. Effectiveness. This Amendment shall become effective upon the execution
and delivery hereof by Avalon and CLDA.



[SIGNATURES APPEAR ON NEXT PAGE]




 









 








          IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed and delivered
as of the date first above written.



	 	 	 	 	 	 	 
	 	 	Clinical Data, Inc.	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Caesar J. Belbel
	 	 
	 

	 	 	 	 	 	 
	 

	 	Name:
	 	Caesar J. Belbel	 	 
	 

	 	Title:
	 	Executive Vice President,	 	 
	 

	 	 	 	Chief Legal Officer and Secretary	 	 
	 
	 	 	 	 	 	 
	 	 	Avalon Pharmaceuticals, Inc.	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Kenneth C. Carter	 	 
	 

	 	 	 	 	 	 
	 

	 	Name:
	 	Kenneth C. Carter	 	 
	 

	 	Title:
	 	President & Chief Executive Officer
Exhibit 32.2

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

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned hereby certifies that, to the best of his knowledge, the Form 10-K Annual Report of NGA HoldCo, LLC (the
Company) for the year ended December 31, 2009 filed with the Securities and Exchange Commission on the date hereof (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: April 14, 2010 |  | By: |  | /s/ Roger A. May             
|                     |  |     |  | Roger A. May                 
|                     |  |     |  | Manager                      
|                     |  |     |  | (Principal Financial Officer)
Steven LORENZO, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D19-1946

District Court of Appeal of Florida, Second District.

July 17, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.

Denied.
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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ALBERT DYTCH,

Plaintiff,

v.

MAXACO, LLC,

Defendant.

Case No. 17-cv-00438-SI 

ORDER RE: SCHEDULING

Re: Dkt. No. 69

On October 29, 2018, the Court granted defendant’s ex parte application to continue the 

parties’ previously scheduled November 2, 2018 hearing date to November 16, 2018. Dkt. No. 68. 

Defendant also asked the Court for additional time to file a reply, despite having filed an opposition 

on October 26, 2018. Dkt. No. 66. Plaintiff now asks the Court for clarification as to the parties’ 

briefing schedule.

The Court accepts the opposition filed on October 26, 2018. Defendant may not file another 

opposition or reply. Plaintiff is to file a reply by November 7, 2018. 

IT IS SO ORDERED.

Dated: October 30, 2018

______________________________________

SUSAN ILLSTON

United States District Judge