alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

April 8, 2019

No. 04-18-00293-CV

ALLSTATE INSURANCE COMPANY,

Appellant

v.

Daniel Wes IRWIN,

Appellee

From the 224th Judicial District Court, Bexar County, Texas

Trial Court No. 2017CI03490

Honorable John D. Gabriel, Jr., Judge Presiding

O R D E R

On April 4, 2019, appellee filed a Motion for Leave, requesting permission to file a postsubmission brief. After consideration, we GRANT appellee’s motion and ORDER appellee’s 

post-submission brief due on or before April 18, 2019. Should appellant desire to file a postsubmission brief, appellant’s brief is due no later than ten days after appellee’s post-submission 

brief is filed in this court.

It is so ORDERED on April 8, 2019.

 PER CURIAM

ATTESTED TO: ___________________________________

 KEITH E. HOTTLE,

 Clerk of Court
EXHIBIT 32.1





CERTIFICATION OF CHIEF EXECUTIVE OFFICER



PURSUANT TO 18 U.S.C. SECTION 1350





In connection with this Quarterly Report of Premier Holding Corp. (the Company) on Form 10-Q/A for the period ending March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jack Gregory, the Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





1.   Such Quarterly Report on Form 10-Q/A for the period ending March 31, 2010, 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 such Quarterly Report on Form 10-Q/A for the period ending March 31, 2010, fairly presents, in all material respects, the financial condition and results of operations of the Company.







|Date:  September 9, 2010 | Jack Gregory
Chief Executive Officer and Director
|------------------------ | -------------------------------------------------
#### UNITED STATES of America, Plaintiff-Appellee v. Ivan TORRES, also known as Ivan Torres-Lopez, Defendant-Appellant.

No. 10-41271

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Sept. 26, 2011.

Renata Ann Gowie, Assistant U.S. Attorney, James Lee Turner, Assistant U.S. *170Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Molly Estelle Odom, Esq., Assistant Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before REAVLEY, SMITH, and PRADO, Circuit Judges.

PER CURIAM: *

Ivan Torres appeals the 60-month sentence imposed by the district court following his conviction for illegal reentry. He asserts that the district court erred in imposing a 16-level sentencing enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(i) because the Government failed to prove that a Washington district court imposed a sentence of over 13 months for his prior conviction for conspiring to distribute methamphetamine. The abuse-of-discretion standard applies to our review of sentencing decisions. *Gall v. United States,*552 U.S. 38, 46, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). We review the district court’s application of the Sentencing Guidelines de novo and its findings of fact for clear error. *United States v. Charon,*442 F.3d 881, 887 (5th Cir.2006).

Having reviewed the record, including the documents obtained from the Washington court, we conclude that the district court’s finding that Torres was sentenced to 66 months of imprisonment on his methamphetamine conviction “is plausible in light of the record read as a whole.” *United States v. Valdez,*453 F.3d 252, 262 (5th Cir.2006) (internal quotation marks and citation omitted). As a result, the district court did not abuse its discretion in imposing the sentencing enhancement, and the judgment of the district court is AFFIRMED. *See Gall,*552 U.S. at 46, 128 S.Ct. 586.

*

 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.
Consent of Independent Certified Public Accountants




The Board of Directors
Ambanc Holding Co., Inc.

We  consent  to  incorporation  by  reference  in  the  following   registration
statements:

   File No. 333-50973 on Form S-8,
   File No. 333-50975 on Form S-8,
   File No. 333-59721 on Form S-8, and
   File No. 333-86515 on Form S-8

of Ambanc  Holding Co., Inc. of our report dated  February 9, 2001,  relating to
the consolidated  statements of financial  condition of Ambanc Holding Co., Inc.
and subsidiaries as of December 31, 2000 and 1999, and the related  consolidated
statements of income,  changes in shareholders'  equity, and cash flows for each
of the years in the  three-year  period ended  December  31, 2000,  which report
appears in the  December 31, 2000 Annual  Report on Form 10-K of Ambanc  Holding
Co., Inc.

/s/ KPMG LLP

Albany, New York
March 23, 2001
<PAGE>   1
                                   EXHIBIT 11


      STATEMENT REGARDING COMPUTATION OF NET LOSS PER PARTNERSHIP INTEREST



<TABLE>
<CAPTION>

                                                   Year                  Year                  Year
                                                  Ended                 Ended                 Ended
                                            December 31, 1998     December 31, 1997     December 31, 1996
                                            -----------------     -----------------     -----------------

     <S>                                           <C>                   <C>               <C>
     Net loss-Limited Partners                     $(--)                 $(--)             $(4,824,512)
                                                   =====                 ====              ===========

     Average Units Outstanding                      921                   921                      921
                                                   ====                  ====              ===========

     Net Loss Per Class A and B Unit               $(--)                 $(--)             $    (5,238)
                                                   ====                  ====              ===========
</TABLE>
Exhibit 23.

     CONSENT OF GRANT THORNTON LLP, INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS



We have issued our report dated May 31, 2003, accompanying the financial
statements and schedule included in the Annual Report of US Global Aerospace,
Inc. on Form 10-KSB for the year and period ended March 31, 2003 and 2002. We
hereby consent to the incorporation by reference of said report in the
Registration Statement of US Global Aerospace, Inc. on Form S-8 (File No.
333-97213) pertaining to the Company's Amended and Restated 2002 Stock Plan and
Form S-8 (File No. 333-85970) pertaining to the Company's 2001 Employee Stock
Compensation Plan.

/s/ GRANT THORNTON LLP
GRANT THORNTON LLP


Seattle, Washington
July 7, 2003
Pursuant to 5 T H C IR . R. 47.5 , the court has determined that this opinionshould not * be publishe d an d is not precedent except under the limited circu mstance s set forth in 5 T H C IR . R. 47.5 .4. 

### INTHE UNI TED S TATESCOU RT OFAPPEALS

FORTHE FIFTH CIRCU IT

N o. 08- 10475 Su m m ar y Cal endar
UN I TE D S TA TE S OF AM ERI CA P l ai n t i f f

- A pp el l ee
v. KEVI N RI EDLE D e fe nda nt
- Appe l l ant

A pp ealf

rom t h e U n i t ed S t ates D i st ri ctC ou rt f or t h e N ort h ern D i st ri ctof T exas U SDC N o . 4 : 0 7
- CR- 7 6
- ALL
B ef ore W IE N E R , ST E W A R T , an d C L E M E N T , C i rcui tJu dg es. P E R C U R I A M: * Th e Feder alPu bl i c D ef enderappointed to r epr es ent K evi n R i edl e has m o ve d f o r l e av e t o w i t hdr aw a nd has f i l e d ab r i e f

i n a c c o r da nc e w i t h A nders v. Ca lif o rn ia , 3 8 6 U .S . 7 3 8 (1 9 6 7 ). R i e d l e h a s file da re s p o n s e . T h e re c o r d is i n suff i ci en t l y dev el oped t o al l ow con si derati on a tthis ti m e of R i edl e ’ s cl ai m s of i n ef fect ive assi st an ce of

coun se l; such cl ai m s general l y “ can n otbe res olved on di r e c ta ppe alw he n [ t he y hav e ] notbe e n ra i s e d b e f o r e t he di s t r i c tc o ur ts i nc e no o p p o r tu n itye x is te d to d e v e lo p th e re c o r do n th e m e r its o f th e a lle g a tio n s .” United States Court of App eals

Fifth Circuit 

### F I L E D April1, 2009 Cha rl es R. F ulb ru g e II I ClerkN o. 08- 10475

2 Un itedS ta tes v. Ca n tw ell , 4 70 F. 3d1 08 7, 109 1 ( 5th C i r. 200 6) (i n t erna lqu ot ati on m a r k s a n d c it a t io n o m it t e d ). O u rin d e p e n d e n tr e v i e w o f th e r e c o r d , c o u n s e l’s b r ie f, a n d R ie d le ’ s re s p o n s e d is c lo s e s n o n o n fr iv o lo u s is s u e fo ra p p e a l. A ccor di n gl y, t h e m ot i on f or l eave to w i t h draw i s G R A N T E D , coun seli s excused fr o m fu r th e rre s p o n s i b i litie s h e r e in , a n dth e A P P E A L IS D IS M IS S E D
. S ee 5 T H C IR . R . 4 2 .2 .
#### PAULA VON TILL POTTS, PLAINTIFF-PETITIONER, v. WILLIAM BRYCE THOMPSON, IV, DEFENDANT-RESPONDENT.

September 19, 1960.

*Mr. Theodore D. Vreeland*for the petitioner.

*Mr. John Francis Gannon*for the respondent.

Denied.
<PAGE>

                                                                    EXHIBIT 23.1

                      CONSENT OF INDEPENDENT ACCOUNTANTS

  We consent to the incorporation by reference in the registration statement of
Clarify Inc. on Form S-8 (File No. 33-98928) of our report dated January 14,
1997, on our audits of the consolidated financial statements and financial
statement schedule of Clarify Inc. and subsidiaries as of December 31, 1996 and
1995, and for each of the three years in the period ended December 31, 1996,
which report is included in this Annual Report on Form 10-K.


                                        COOPERS & LYBRAND L.L.P.

San Jose, California
March 26, 1997
**EXHIBIT 10.1**
**Independent Auditors’ Consent**
The Supervisory BoardSAP Aktiengesellschaft Systeme, Anwendungen,Produkte in der Datenverarbeitung:
     We consent to the incorporation by reference inthe registration statement (Nos. 333-60399, 333-65083,333-30380, 333-41762, 333-63496, 333-63464 and 333-102564) onForm S-8 of SAP Aktiengesellschaft Systeme, Anwendungen,Produkte in der Datenverarbeitung and subsidiaries (“SAPAG”) of our report dated February 21, 2003, withrespect to the consolidated balance sheet of SAP AG as ofDecember 31, 2002 and the related consolidated statementsof income, changes in shareholders’ equity and cash flowsfor the year ended December 31, 2002, and the relatedfinancial statement schedule, which report appears in theDecember 31, 2002, annual report on Form 20-F, asamended, of SAP AG.
     Our report refers to our audit of the disclosuresadded to revise the 2001 and 2000 consolidated financialstatements, as more fully described in Note 14 to theconsolidated financial statements and to our audit of theadjustments that were applied to the 2001 and 2000 consolidatedfinancial statements, as more fully described in Note 21 tothe consolidated financial statements. However, we were notengaged to audit, review, or apply any procedures to the 2001and 2000 consolidated financial statements other than withrespect to such disclosures and adjustments.
/s/ KPMG Deutsche Treuhand-GesellschaftAktiengesellschaftWirtschaftsprüfungsgesellschaftMannheim, GermanyApril 14, 2003
Case: 1:02-cv-07228 Document #: 215 Filed: 07/08/04 Page 1 of 1 PageID #:1241
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ARS Home Pacific West Area Davis, California Nat'l Clonal Germplasm Rep - Tree Fruit & Nut Crops & Grapes Docs Persimmon Inventory







Mainheadline bar Repository Inventory of Available Accessions forDiospyros In Order by Species & Country of Origin  ******Available Persimmon Accessions********Accession IDSpeciesPI #CultivarCountry of OriginDDIO0043.kakiChientingUnknownDDIO0050.kakiFujiwaragoshoUnknownDDIO0036.kakiFuyuUnknownDDIO0046.kakiIchikeijikoUnknownDDIO0037.kakiIzuUnknownDDIO0034.kakiJiroUnknownDDIO0032.kakiMaekawa JiroUnknownDDIO0030.kakiMatsumoto Wase FuyuUnknownDDIO0049.kakiOkugoshoUnknownDDIO0031.kakiSurugaUnknownDDIO0048.kakiYotsumizoUnknownDDIO0067lotusChinaDDIO0053lotusPakistanDDIO0054lotusPakistanDDIO0055lotusPakistanDDIO0056lotusPakistanDDIO0057lotusPakistanDDIO0058lotusPakistanDDIO0044.virginianaEarly GoldenUnknownDDIO0051.virginianaWeberUnknownDDIO0107.virginianaMillerUnited StatesDDIO0231.virginianaRubyUnknown********Questions?**Email: Howard GarrisonFind an order form on ourProducts & Services page


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**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF2002**

 

In connection with the Quarterly Report of Premier Holding Corporation(the "Company") on Form 10-Q for the period ended March 31, 2013 as filed with the Securities and Exchange Commissionon the date hereof (the "Report"), I, Randall M. Letcavage, Principal Executive Officer and Principal Financial Officerof the Company, certify, pursuant to 18 U.S.C. section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complies with the requirementsof section 13(a) or 15(d) of the Securities and Exchange Act of 1934; and

 

(2) The information contained in the Reportfairly presents, in all material respects, the financial condition and result of operations of the Company.

 

A signed original of this written statementrequired by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.

 

May 28, 2013

 

/s/ Randall M. Letcavage

Randall M. Letcavage

Chief Executive Officer and Chief Financial Officer
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#### Gabriel FELIX-FERNANDEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 10-71305.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 2011.*

Filed July 25, 2011.

Steven Anthony Guilin, Esquire, Law Offices of Steven A. Guilin, San Diego, CA, for Petitioner.

Lindsay Brooke Glauner, Esquire, Trial, OIL, Elizabeth Young, U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Gabriel Felix-Fernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen based on ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, *Iturribarria v. INS,*321 F.3d 889, 894 (9th Cir.2003), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Felix-Fernandez’s motion to reopen as untimely because the motion was filed more than three years after the agency’s final order of removal, *see*8 C.F.R. § 1003.2(c)(2), and Felix-Fernandez did not show that he acted with the due diligence required for equitable tolling of the filing deadline, *see Iturribarria,*321 F.3d at 897.

We lack jurisdiction to consider the BIA’s discretionary decision not to sua sponte reopen or reconsider pursuant to 8 *991C.F.R. § 1003.2(a). *Mejia-Hernandez v. Holder,*633 F.3d 818, 823-24 (9th Cir.2011); *see also Matter of G-D-,*22 I. & N. Dec. 1132, 1135 (BIA 1999) (BIA’s consideration of whether a fundamental change in the law warrants reopening involves an exercise of its sua sponte authority).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Exhibit 99.1

NEWS RELEASE

For further information
contact:



|                        |  |                        
|----------------------- |  | -----------------------
|Kerry J. Chauvin        |  | Robin A. Seibert       
|Chief Executive Officer |  | Chief Financial Officer
|985.872.2100            |  | 985.872.2100           



FOR IMMEDIATE RELEASE

JULY 15, 2010

GULF ISLAND FABRICATION, INC.

TO ANNOUNCE EARNINGS RESULTS

AND QUARTERLY CONFERENCE CALL

Houma, LA  (BUSINESS WIRE)  July 15, 2010  Gulf Island Fabrication, Inc. (NASDAQ: GIFI), will announce 2010
second quarter earnings after the market close on Thursday, July 29, 2010.

The management of Gulf Island Fabrication, Inc. will hold a
conference call on Friday, July 30, 2010, at 9:00 a.m. Central Time (10:00 a.m. Eastern Time) to discuss the Companys financial results for the quarter ended June 30, 2010.

The call is accessible by webcast through CCBN and by dialing the following:



|         |  |                   
|-------- |  | ------------------
|Dial In: |  | 1.888.801.6502    
|         | 
|Webcast: |  | www.gulfisland.com

A digital rebroadcast of the
call is available two hours after the call and ending August 6, 2010 by dialing:



|                 |  |               
|---------------- |  | --------------
|Phone Number:    |  | 1.888.203.1112
|                 | 
|Replay Passcode: |  | 5297845       

Gulf Island Fabrication, Inc., based in Houma,
Louisiana, is a leading fabricator of offshore drilling and production platforms, hull and/or deck sections of floating production platforms and other specialized structures used in the development and production of offshore oil and gas reserves.
These structures include jackets and deck sections of fixed production platforms; hull and/or deck sections of floating production platforms (such as tension leg platforms (TLPs)), SPARs, FPSOs, piles, wellhead protectors,
subsea templates and various production, compressor and utility modules, offshore living quarters, tanks and barges. The Company also provides offshore interconnect pipe hook-up, inshore marine construction, manufacture and repair of pressure
vessels, heavy lifts such as ship integration and TLP module integration, loading and offloading of jack-up drilling rigs, semi-submersible drilling rigs, TLPs, SPARs, or other similar cargo, onshore and offshore scaffolding, piping insulation
services, and steel warehousing and sales.