alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE SUPREME COURT OF THE STATE OF NEVADA

TROY MOATS, Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE ADRIANA ESCOBAR, DISTRICT JUDGE, Respondents, and TROY BURGESS, Real Party in Interest. No. 81912


# FILED
JAN 2 7 2022
ELIZABETH A. BROWN CLERT1PREME COURT BY DEPUTY CLERX



### ORDER DENYING PETITION This is an original petition for a writ of mandamus challenging a district court order sustaining an objection to the discovery commissioner's recommendation that the examination of real party in interest's mental condition proceed under NRS 52.380.

Petitioner Troy Moats argues that the district court manifestly abused its discretion by sustaining real party in interest Troy Burgess's objection to the discovery commissioner's report and recommendation concluding that NRS 52.380 supersedes NRCP 35.

The decision to entertain a writ petition is discretionary. Davis v. Eighth Judicial Dist. Court, 129 Nev. 116, 118, 294 P.3d 415, 417 (2013). We recently held that NRS 52.380 violates the separation of powers

e 

## t7 - C.9.2 ( a ct 

## 7

" .•.doctrine. See Lyft, Inc. v. Eighth Judicial Dist. Court, 137 Nev., Adv. Op.

86, P.3d _, (2021). Because the district court concluded that NRCP 35 supersedes NRS 52.380, which was consistent with our holding in Lyft, we decline to entertain Moats's petition. Accordingly, we

ORDER the petition DENIED. 

# Q -101".0 0 641737 Parraguirre

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### LILIIAL4 J Cadish Silver 

# Pieku J. Pickering Herndon

cc: Hon. Adriana Escobar, District Judge Hon. Linda M. Bell, Chief Judge H&P Law, PLLC Winner Booze & Zarcone Lincoln, Gustafson & Cercos Claggett & Sykes Law Firm The Powell Law Firm Eighth District Court Clerk

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# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 18

- 00598

- CV

IN THE MATTER OF J.A.

From the County Court, Karnes County, Texas

Trial Court No. 16

- 05

- 00005 JVK

Honorable Stella Saxon, Judge Presiding

BEFORE JUSTICE ALVAREZ

, JUSTICE RIOS , AND JUSTICE WATKINS

In accordance with this court’s opinion of this date, the order of the trial court is

AFFIRMED.

SIGNED December 4, 2019.

_____________________________ Beth Watkins, Justice
#### FLOUR CITY NAT. BANK, Respondent, v. BAKER, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

February 6, 1898.)

Action by the Flour City National Bank against Merritt A. Baker.

No opinion. Judgment affirmed, with costs.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA 

FORT WAYNE DIVISION 

UNITED STATES OF AMERICA ) 

) 

 v. ) CASE NO.: 1:16-CR-46-TLS 

) 

WESLEY L. NELSON ) 

ORDER ACCEPTING FINDINGS AND RECOMMENDATION 

This matter is before the Court on the Findings and Recommendation of the United States 

Magistrate Judge [ECF No. 26], filed on October 18, 2016. The Defendant has waived objection 

to the Findings and Recommendation, and the Court, being duly advised, adopts the Findings 

and Recommendation [ECF No. 26] in its entirety and accepts the recommended disposition. 

Subject to this Court’s consideration of the Plea Agreement pursuant to Federal Rule of Criminal 

Procedure 11(c), if applicable and necessary, the plea of guilty to the offense charged in Count 

One (1) of the single Count Indictment is hereby accepted, and the Defendant is adjudged guilty

of such offense. 

The notice of sentencing and pre-sentence scheduling deadlines will be issued by separate 

order.

SO ORDERED on November 3, 2016. 

 s/ Theresa L. Springmann 

JUDGE THERESA L. SPRINGMANN 

UNITED STATES DISTRICT COURT
Exhibit
23.1




CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We
consent to the incorporation by reference in Registration Statements on Form S-3
and S-8 (Nos. 333-164810 and 333-156407) of China Agritech Inc. of our report
dated March 31, 2010 with respect to the consolidated financial statements of
China Agritech, Inc. and subsidiaries, which report appears in this Annual
Report on Form 10-K of China Agritech Inc. for the year ended December 31,
2009.





/s/ Crowe Horwath LLPSherman
      Oaks, CaliforniaMarch
      31, 2010
#### THOMPSON, Respondent, v. CITY OF BUFFALO, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

October 16, 1907.)

Action by Margaret Thompson against the city of Buffalo.

No opinion. Order affirmed, with costs.
I 

109TH CONGRESS 

1ST SESSION H. R. 1884 

To suspend temporarily the duty on Beta-cyfluthrin. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2005 

Mr. CLEAVER introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on Beta-cyfluthrin. 

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

3 SECTION 1. BETA-CYFLUTHRIN. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.05.78 (RS)-α-cyano-4-fluoro-3- 

phenoxybenzyl 

(1RS,3RS;1RS,3SR)–3-(2,2- 

dichlorovinyl)–2,2- 

dimethylcyclopropanecarboxylate (CAS No. 68359–37– 

5) (provided for in subheading 2926.90.30) ............ Free No change No change On or before 

12/31/2008 ’’. 
2 

•HR 1884 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of enactment of this Act. 

Æ
----

 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 of Argentex Mining Corporation (the “Company”) on Form 10-KSB  for the year ended January 31, 2004, as filed with the Securities and Exchange  Commission on the date hereof (the “Report”), I, Christopher Dyakowski,  Chief Executive Officer and Chief Financial Officer of the Company, certify,  pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley  Act of 2002, that: 

|   | (1)    | The Report fully complies with the requirements of section 13(a) or 15(d)      of the Securities Exchange Act of 1934; and                                |
|--------|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                      |
|   | (2)    | The information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the Company. |
|   |   |                                                                                                                                                      |

 

*/s/* CHRISTOPHER DYAKOWSKI**  Christopher Dyakowski   Chief Executive Officer and Chief Financial Officer  April 30, 2004 **

----
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109TH CONGRESS 

2D SESSION H. R. 2322

AN ACT

To designate the Federal building located at 320 North 

Main Street in McAllen, Texas, as the ‘‘Kika de la Garza 

Federal Building’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 2322 EH

1 SECTION 1. DESIGNATION. 

2 The Federal building located at 320 North Main 

3 Street in McAllen, Texas, shall be known and designated 

4 as the ‘‘Kika de la Garza Federal Building’’. 

5 SEC. 2. REFERENCES. 

6 Any reference in a law, map, regulation, document, 

7 paper, or other record of the United States to the Federal 

8 building referred to in section 1 shall be deemed to be 

9 a reference to the ‘‘Kika de la Garza Federal Building’’. 

Passed the House of Representatives September 27, 

2006. 

Attest:

Clerk. 

109TH CONGRESS 

2D SESSION H. R. 2322

AN ACT

To designate the Federal building located at 320 

‘‘Kika de la Garza Federal Building’’.North Main Street in McAllen, Texas, as the
[No. 38130-0-I.

Division One.

May 27, 1997.]

#### Dolores C. Todd, et al., *Respondents,*v. Wilma C. Boyden, et al., *Appellants.*

Appeal from a judgment of the Superior Court for King County, No. 94-2-17022-8, Michael J. Fox, J., entered January 10, 1996. *Affirmed in part, reversed in part*and *remanded*by unpublished opinion per Kennedy, A.C.J., concurred in by Grosse and Agid, JJ.
Exhibit
12
 Years Ended September 30,Actual Data
    
    2006
    
    
    2007
    
    
    2008
    
    
    2009
    
    
    2010Fixed ChargesCash interest expense
    
    $
    19,349
    
    
    $
    33,695
    
    
    $
    49,909
    
    
    $
    52,022
    
    
    $
    57,293Amortization of capitalized expenses
related to indebtedness
    
    
    2,591
    
    
    
    3,145
    
    
    
    2,912
    
    
    
    5,067
    
    
    
    7,192Total fixed charges
    
    $
    21,940
    
    
    $
    36,840
    
    
    $
    52,821
    
    
    $
    57,089
    
    
    $
    64,485EarningsPre-tax earnings (loss)
    
    $
    (31,089
    )
    
    $
    (42,780
    )
    
    $
    (25,347
    )
    
    $
    (17,193
    )
    
    $
    21,933Fixed charges
    
    
    21,940
    
    
    
    36,840
    
    
    
    52,821
    
    
    
    57,089
    
    
    
    64,485Earnings before fixed charges
    
    $
    (9,149
    )
    
    $
    (5,940
    )
    
    $
    27,474
    
    
    $
    39,896
    
    
    $
    86,418Ratio of earnings to fixed charges
    
    
    (a
    )
    
    
    (a
    )
    
    
    0.52
    
    
    
    0.70
    
    
    
    1.34
 (a)
    
    Earnings for fiscal 2006 and 2007 were inadequate to cover fixed charges in those years by $9.1 million, and $5.9 million.
Exhibit 99.5


                         ANNUAL STATEMENT OF COMPLIANCE

                      OFFICER'S CERTIFICATE OF THE SERVICER

In compliance with Section 4.04 (g) of the Indenture of Trust by and between
Nelnet Student Loan Trust 2003-1 and Zions First National Bank, as Trustee,
dated as of January 1, 2003, I, Terry J. Heimes, certify that:

     1.   A review of the activities of the Servicer during the preceding
          calendar year and of its performance under the Servicing Agreement has
          been made under my supervision; and

     2.   Based on my knowledge of such review, the Servicer has fulfilled all
          its obligations under the Servicing Agreement throughout such year.

March 15, 2005




By:     /s/ Terry J. Heimes
        ----------------------------------
        Terry J. Heimes
        Chief Financial Officer, Assistant
        Secretary and Executive Director,
        Nelnet, Inc.
[Nos. 35458-2-I; 35661-5-I.

Division One.

April 8, 1996.]

#### The State of Washington, *Respondent,*v. Walter L. Sierra, *Appellant.*The State of Washington, *Respondent,*v. Edward Charles Fashaw, *Appellant.*

Appeals from judgments of the Superior Court for King County, Nos. 94-1-03431-2, 94-1-03430-4, Leroy McCullough, J., entered October 31, 1994. *Affirmed*by unpublished opinion per Ellington, J., concurred in by Kennedy, A.C.J., and Becker, J. Vacated and remanded by order of the Supreme Court September 3, 1997.
SECOND AMENDMENT
TO LOAN AND SECURITY AGREEMENT

This Second Amendment to Loan and Security Agreement (this "Amendment") is entered into as of January 28, 2004, by and between COMERICA BANK, successor by merger to Comerica Bank-California ("Bank"), and TCI SOLUTIONS, INC. ("Borrower").

RECITALS

Borrower and Bank are parties to that certain Loan and Security Agreement dated as of August 6, 2002, as amended from time to time , including by that certain First Amendment to Loan and Security Agreement dated as of August 5, 2003 (collectively, the "Agreement"). The parties desire to amend the Agreement in accordance with the terms of this Amendment.

NOW, THEREFORE, the parties agree as follows:

1. The following defined terms in Section 1.1 of the Agreement hereby are amended or restated as follows:
2. Unless otherwise defined, all initially capitalized terms in this Amendment shall be as defined in the Agreement. The Agreement, as amended hereby, shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed in all respects. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment of, any right, power, or remedy of Bank under the Agreement, as in effect prior to the date hereof.
3. Borrower represents and warrants that the Representations and Warranties contained in the Agreement are true and correct as of the date of this Amendment, and that no Event of Default has occurred and is continuing.
4. this Amendment, duly executed by Borrower;
5. all Bank Expenses incurred through the date of this Amendment, which shall be due and payable and nonrefundable on the date hereof, and which may be debited from any of Borrower's accounts ; and
6. such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.
7. 
8. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument.

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

TCI SOLUTIONS, INC.

By: _________________________________

Title: _________________________________



COMERICA BANK

By: _________________________________

Title: ________________________________
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     BALANCE SHEET AT JULY 4, 1998, STATEMENT OF INCOME AT JULY 4, 1998
</LEGEND>
<CIK>                                          0000715593                    
<NAME>                                         HYTEK MICROSYSTEMS, INC.
<MULTIPLIER>                                   1
<CURRENCY>                                     US DOLLARS
       
<S>                                            <C>
<PERIOD-TYPE>                                  6-MOS
<FISCAL-YEAR-END>                              JAN-02-1999
<PERIOD-START>                                 JAN-03-1998
<PERIOD-END>                                   JUL-04-1998
<EXCHANGE-RATE>                                1.00
<CASH>                                         2,971,955
<SECURITIES>                                   0
<RECEIVABLES>                                  2,160,876
<ALLOWANCES>                                   50,000
<INVENTORY>                                    1,983,202
<CURRENT-ASSETS>                               7,146,304
<PP&E>                                         3,565,951
<DEPRECIATION>                                 2,745,645
<TOTAL-ASSETS>                                 8,166,610
<CURRENT-LIABILITIES>                          1,187,965
<BONDS>                                        163,478
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       4,998,893
<OTHER-SE>                                     1,816,274
<TOTAL-LIABILITY-AND-EQUITY>                   8,166,610
<SALES>                                        7,274,830
<TOTAL-REVENUES>                               7,277,087
<CGS>                                          4,545,085
<TOTAL-COSTS>                                  5,530,612
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             9,824
<INCOME-PRETAX>                                1,764,180
<INCOME-TAX>                                   19,800
<INCOME-CONTINUING>                            1,744,380
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   1,744,380
<EPS-PRIMARY>                                  0.59
<EPS-DILUTED>                                  0.55
        


</TABLE>
#### The People of the State of New York, Respondent, v Benjamin Rhodes, Also Known as Ben R. Rhodes,

— Appeal by defendant from a judgment of the County Court, Nassau County (Boklan, J.), rendered December 9, 1983, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of defendant’s pretrial motion as sought suppression of evidence.

Judgment affirmed.

The evidence adduced at the hearing established that by choosing defendant’s photograph from an array shown to him by a police detective, on the day after the crime, the complainant identified defendant as the person who robbed, beat and shot him. Although the identification was not made with complete certainty, it was sufficient to establish probable cause to arrest defendant for the crimes alleged *(see, People v Brewster,*100 AD2d 134, *affd*63 NY2d 419). However, the fact that the police detective chose not to arrest defendant at that point but rather requested that he accompany him to the precinct to be interviewed about the incident establishes no violation of defendant’s 4th Amendment rights *(People v De Bour,*40 NY2d 210, 219). The hearing court’s factual finding that defendant voluntarily accompanied the detective to the precinct and that he was free to leave at any time before making oral admissions was supported by the evidence *(People v Armstead,*98 AD2d 726; *People v Torres,*97 AD2d 802). Titone, J. P., Mangano, Weinstein and Kunzeman, JJ., concur.
ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeal of --

Grant Thornton LLP 

Under Contract No. GS-23F-8196H 

Order No. HQ0423-14-F-0077 

APPEARANCES FOR THE APPELLANT: 

) 

) 

) 

) 

) 

) 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA No. 60534 

Alexander J. Brittin, Esq. 

Brittin Law Group, PLLC 

McLean, VA 

Ellen Randel, Esq. 

Associate General Counsel 

Anne Turner, Esq. 

Deputy Assistant General Counsel 

Regina DelaRosa, Esq. 

Rob L. Smith, Esq. 

Trial Attorneys 

Defense Finance & Accounting Service 

ORDER OF DISMISSAL 

The dispute has been settled. The appeal is dismissed with prejudice. 

Dated: 17 August 2016 

-

/J~/!_~ MARK N. STEMPLER ' 

Administrative Judge 

Acting Chairman 

Armed Services Board 

of Contract Appeals 

I certify that the foregoing is a true copy of the Opinion and Decision of the 

Armed Services Board of Contract Appeals in ASBCA No. 60534, Appeal of Grant 

Thornton LLP, rendered in conformance with the Board's Charter. 

Dated: 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals
# C_2009023EN.01000901.xml

| 29.1.2009 | EN | Official Journal of the European Union | C 23/9 |
| --- | --- | --- | --- |

29.1.2009

EN

Official Journal of the European Union

C 23/9

---

Non-opposition to a notified concentration

(Case COMP/M.5186 — Investor AB/Altor/Lindorff JV)

(Text with EEA relevance)

(2009/C 23/06)

On 16 July 2008, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32008M5186. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32008M5186. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
#### HARRIMAN, Respondent, v. FRANCIS H. LEGGETT & CO., Appellant.

(Supreme Court, Appellate Division, First Department.

March 22, 1912.)

Action by Walter Harriman, an infant, against Francis H. Leggett & Co. L. A. Spalding, for appellant. S. A. Syme, for respondent.

PER CURIAM.

Judgment and order affirmed, with costs. Order filed.

INGRAHAM, P. J., dissents.