alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals **San Antonio, Texas**

MEMORANDUM OPINION

N o. 04

- 13

- 00498

- CV

Vickie GORDON
, Appellant

v. Angel Angel FULTON
, Appellee
From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2013

- CI

- 00424 Honorable Solomon Casseb, III, Judge Presiding

PER CURIAM
Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice

Delivered and Filed: September 25, 2013

DIS MISSED FOR LACK OF JURISDICTION ; MOTION DENIED

The clerk’s record in t his appeal was filed on August 5, 2013. The record contains a Notice
of Appeal in which appellant requests that “the judgment be reversed.” However, the clerk’s
record does not contain a final judgment or an otherwise appealable order. Therefore, becaus e it

appear ed this court lack ed jurisdiction over this appeal , on August 15, 2013, this court ordered
appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction.
Our order cautioned appellant that failure to respon d would result in this appeal being dismissed.
On Augus t 15, 2013, appellant filed an A ffidavit Acc o mpanying Motion for Permission to Appeal04

- 13

- 00498

- CV

in Forma Pauperis (“the motion”) . But, a ppellant did not respond to our show cause order on th e

issue o f this court’s jurisdiction . Because we conclude that we lack jurisdiction over this appeal,
we dismiss the appeal and deny the motion as moot

.

PER CURIAM

- 2

-
Exhibit 10.2













SECOND AMENDMENT TO

 EXPRESSJET HOLDINGS, INC.

 LONG TERM INCENTIVE PLAN




           


            THIS SECOND AMENDMENT TO THE EXPRESSJET HOLDINGS, INC. LONG TERM INCENTIVE PLAN (this “Second Amendment”) is made and adopted by EXPRESSJET HOLDINGS, INC., a Delaware corporation (the
“Company”), as of November 20, 2008.  Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Plan (as defined below).





            WHEREAS, the Company has adopted the ExpressJet Holdings, Inc. Long Term Incentive Plan (the “Plan”) for the benefit of employees;





            WHEREAS, the Company reserved the right to amend the Plan pursuant to Section 11 thereof;





            WHEREAS, the Company desires to amend the Plan; and





            WHEREAS, this Second Amendment was approved by the Board of Directors of the Company on November 20, 2008.





            NOW THEREFORE, in consideration of the foregoing, the Company hereby amends the Plan as follows:





            1.         The following paragraph hereby replaces and supersedes Section 3 of the Plan:





                        “3.        Term and Cost of the Plan. The Plan shall remain in effect until
the later of December 31, 2009 or the date on which the last Incentive Bonus awarded under this Plan is paid.  The total value of all Incentive Bonuses payable under this Plan shall not exceed Nineteen Million Dollars ($19,000,000), with any shares of the
Company’s Common Stock that are used to pay any Incentive Bonus being valued based on the closing price of a share of the Company’s Common Stock as reported in the Wall Street Journal for the first trading date immediately prior to the date on
which the Plan Administrator makes the award of such Incentive Bonus.”





            2.         This Second Amendment shall be and is hereby incorporated in and forms a part of the Plan.





            3.         This Second Amendment shall be effective as of November 20, 2008.





            4.         Except as set forth herein, the Plan shall remain in full force and effect.












*            *            *




            IN WITNESS WHEREOF, the Company has caused this Second Amendment to the Plan to be executed, effective as set forth above.









	
 

	
            

	
EXPRESSJET HOLDINGS, INC.

 



 


	

                                             

	
         

	
/s/ James B. Ream                            


		
       

	
James B. Ream

 President and Chief Executive Officer
Leonard D. DuBoff, OSB #774378 

lduboff@dubofflaw.com 

The DuBoff Law Group 

6665 S.W. Hampton Street, Suite 200 

Portland, Oregon 97223-8357 

Telephone: (503) 968-8111 

Facsimile: (503) 968-7228 

Attorneys for Plaintiff 

Pacific Wood Ventures, LLC 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PACIFIC WOOD VENTURES, LLC., an Oregon 

limited liability company, Civil Case No. 6:14-cv-01029-MC 

Plaintiff, 

v. 

ABBY GHIASSY an individual and GENESIS 

MARKETING, LLC, Oregon limited liability 

company. 

ORDER GRANTING 

PLAINTIFFS' MOTION TO DISMISS 

WITHOUT PREJUDICE 

Defendants. 

The Court having considered the motions of the Plaintiff for an order on Granting 

Plaintiffs' Motion to Dismiss without Prejudice, 

IT IS HEREBY ORDERED that Plaintiffs' Motion to Dismiss without Prejudice is 

hereby; 

~ Granted. 

D Denied. 

Dated this 1....:1 day of January, 2015. 

Submitted by 

Leonard D. DuBoff 

lduboff@dubofflaw.com 

l 

Honorable Michael J. McShane 

Page 1- PROPOSED ORDER GRANTING PLAINTIFFS' MOTION TO DISMISS WITHOUT 

PREJUDICE· The DuBoff Law Group, PC 

6665 SW Hampton Street, Suite 200 

Portland, Oregon 97223-8357 

Telephone (503) 968-8111 

Facsimile (503) 968-7228 

Case 6:14-cv-01029-MC Document 31 Filed 01/29/15 Page 1 of 1
OFFICIALNOTICEFROM COURT OF CRIMINALAPPEALS OF TEXAS P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

A I m FILE COPY



# 7/2/2015 ffgf \a'^Z> t\ COACaseNo. 12-14-00094-CR HILL, ORLANDA GEORGE Tr. Ct. No. 17,261 PD-0815-15 

## On this day, this Courthas granted the Appellant's Pro Se motion for an extension oftime in which to file the Petition for Discretionary Review. The time to file the 

## petition has been extended to Friday, September 11, 2015. NO FURTHER EXTENSIONS WILL BE ENTERTAINED. NOTE: Petition For Discretionary Review mustbefiled with The CourtofCriminal Appeals. Abel Acosta, Clerk
o - 1, V^l

- p" £— r^Z_^>

• • < • ilr • -^ o ^ 

### 9~}do* c_» r-u.il. er= > 30 M~ ^a -H <£mff" -f 8 o A >< N u>0 w -n Ol a -a X

A j^l—~ n > ?> L/^ ~ r= in 12TH COURT OF APPEALS CLERK CATHY LUSK 

### 1517 W. FRONT, ROOM 354 TYLER, TX 75701
* DELIVERED VIA E-MAIL *
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 14-1968

___________________________

Kallys Albert, Sr.

lllllllllllllllllllll Plaintiff - Appellant

v.

Principal Financial Group; Principal Life Insurance Company

lllllllllllllllllllll Defendants

Orion Associates; Meridian Services, Inc.; Stephen Hage

lllllllllllllllllllll Defendants - Appellees

John Doe

lllllllllllllllllllll Defendant

____________

Appeal from United States District Court 

for the District of Minnesota - Minneapolis

____________

 Submitted: December 2, 2014

Filed: December 9, 2014

[Unpublished]

____________

Before WOLLMAN, BYE, and MELLOY, Circuit Judges. 

____________
PER CURIAM.

Kallys Albert, Sr., appeals the district court’s1

 adverse grant of summary

judgment in his action under the Employee Retirement Income Security Act. Upon

de novo review of the record, see Silva v. Metro. Life Ins. Co., 762 F.3d 711, 718 (8th

Cir. 2014), we agree with the district court that Albert failed to meet his burden of

designating specific facts creating triable questions of fact, see Crossley v. Ga.-Pac.

Corp., 355 F.3d 1112, 1113-14 (8th Cir. 2004) (per curiam). The judgment of the

district court is affirmed. See 8th Cir. R. 47B.

______________________________

1

The Honorable Donovan W. Frank, United States District Judge for the District

of Minnesota, adopting the report and recommendations of the Honorable Franklin L.

Noel, United States Magistrate Judge for the District of Minnesota.

-2-
Todd A. Hanchett, OSB No. 992787 

todd.hanchett@stoel.com 

John B. Dudrey, OSB No. 083085 

john.dudrey@stoel.com 

STOEL RIVES LLP 

760 SW Ninth Avenue, Suite 3000 

Portland, OR 97205 

Telephone: (503) 224-3380 

Facsimile: (503) 220-2480 

Attorneys for Defendants 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

EUGENE DIVISION 

CORBYN VANCE and LOGAN VANCE, individually 

and on behalf of others similarly 

Case No.: 6:14-cv-00777-MC 

situated, ORDER and FINAL JUDGMENT WITH 

PREJUDICE 

Plaintiffs, 

v. 

CUARTO LLC, an Oregon limited liability company, 

SEPTIMO LLC, an Oregon limited liability company, 

LBB LLC, an Oregon limited liability company, 

SEXTO LLC, an Oregon limited liability company, 

PRIMERO LLC, an Oregon limited liability company, 

SEGUNDO LLC, an Oregon limited liability 

company, QUINTO LLC, an Oregon limited liability 

company, OCTAVO LLC, an Oregon limited liability 

company, NOVENO LLC, an Oregon limited liability 

company, collectively all doing business as LITTLE 

BIG BURGER and MICAH CAMDEN and 

KATHERINE POPPE, individually, 

Defendants. 

PAGE 1 - ORDER and FINAL JUDGMENT WITH PREJUDICE 

Case 6:14-cv-00777-MC Document 111 Filed 06/06/16 Page 1 of 2
Having considered the Unopposed Motion for Final Approval of Class Action Settlement 

(Doc.IOI), and the Motion for Attorneys' Fees, Costs and Service Payments (Doc. 107), and the 

supporting Declarations, and the Court further having stated its findings on the record at the June 

1, 2016 Fairness Hearing, and the complete record in this matter, and for good cause shown 

IT IS HEREBY ORDERED AND ADJUDGED 

The Court certifies the Stipulated Rule 23 Settlement Class, grants the Motion for Final 

Approval of Class Action Settlement (Doc. I 0 I), and approves the Stipulated Settlement 

Agreement (Doc. I 01-1 ), including the release of claims contained therein, as final, fair, 

reasonable, and binding on all Class Members. The Court further approves the Plaintiffs' Motion 

for Class Counsel's Attorneys' Fee and Cost A ward and dismisses this case with prejudice and 

without further fees or costs to any Party. 

The Court retains jurisdiction over this action for the purpose of enforcing the Settlement 

Agreement and its implementation. 

IT IS SO ORDERED: ;;"'-"' c.. G. , 2016. 

The Honorable Michael J. Mc Shane 

United States District Judge 

P.AGE 2 - ORDER angfINAL JUDGMENT WIT!:I PREJUDICE 

I 

Case 6:14-cv-00777-MC Document 111 Filed 06/06/16 Page 2 of 2
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Exhibit 32




         Certification Pursuant to Section 906 of the Sarbanes-Oxley Act

                                                                March 30, 2004

Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549

Ladies and Gentlemen:

The  certification  set forth below is being  submitted in  connection  with the
annual report on Form 10-K of Cable TV Fund 14-B,  Ltd.  (the  "Report") for the
purpose of complying  with Rule  13a-14(b) or Rule  15d-14(b) of the  Securities
Exchange  Act of 1934 (the  "Exchange  Act") and  Section  1350 of Chapter 63 of
Title 18 of the United States Code.

Brian L. Roberts,  the Chief Executive Officer,  Lawrence S. Smith, the Co-Chief
Financial Officer and John R. Alchin, the Co-Chief Financial Officer of Cable TV
Fund 14-B, Ltd., each certifies that, to the best of his knowledge:

     1.   the Report fully  complies with the  requirements  of Section 13(a) or
          15(d) of the Exchange Act; and

     2.   the  information  contained  in the  Report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of Cable TV Fund 14-B, Ltd.




/s/ Brian L. Roberts
------------------------------------------
Name: Brian L. Roberts
Chief Executive Officer


/s/ Lawrence S. Smith
------------------------------------------
Name: Lawrence S. Smith
Co-Chief Financial Officer


/s/ John R. Alchin
------------------------------------------
Name: John R. Alchin
Co-Chief Financial Officer
# United States Court **of Appeals** 
**f or the Fifth Circuit** 

No. 22

- 60044 Summary Calendar

**Henok Hundessa Jola,**

Petitioner **,**

versus

**Merrick Garland,** U.S. Attorney General **,**
Respondent

**.**

Petition for Review of an Order of the Board of Immigration Appeals Agency No. A215 911 845

Before **King, Higginson,**  and **Willett,** Circuit Judges

**. Per Curiam**  **:** *
Henok Hundessa Jola, a native and citizen of Ethiopia, seeks review of
a decision of t he B oard of I mmigration A ppeal s denying his motion to reopen his immigration proceedings

. Review of a motion to reopen is disfavored. Lara v. Trominski , 216 F.3d 487, 496 (5th Cir. 2000). Accordingly, we review such denials under a

* This opinion is not des ignated for publication. See 5th Cir. R. 47.5. United States Court of Appeals Fifth Circuit 

### FILED January 26, 2023

Lyle W. Cayce Clerk Case: 22-60044 Document: 00516624128 Page: 1 Date Filed: 01/26/2023No. 22

- 60044

2 “highly deferential abuse of discretion standard.” Id. This standard requires a ruling to stand, even if we conclude that it is erroneous, “so long as it is not capricious, racially invidious , utterly without foundation in the evidence, or otherwise so irrational that it is arbitrary rather than the result of any perceptible rational approach.” Zhao v. Gonzales , 404 F.3d 295, 304 (5th Cir. 2005) (internal quotation marks and citation omitted).

T he Board did not a buse its discretion by denying Jola’s motion. A successful motion to reopen must be based on evidence that is both material
and previously unavailable. See I.N.S. v. Doherty , 502 U.S. 314, 323 (1992)

. Here, Jola has not shown that evide nce relating to translation errors was previously unavailable. Nor has he shown that the new evidence he submitted with his motion materially relates to the specific negative credibility factors
that initiall y doomed his claim

. And while Jola disputes the merits of the negative credibility factors directly, th ose argument s are not properly before

us. See Guevara v. Gonzales , 450 F.3d 173, 176 (5th Cir. 2006)

. Jola also has not shown that reopening is warranted based on the actions of his prior counsel. Ineffective assistance requires “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” See Diaz v. Sessions , 894 F.3d 222, 228 (5th Cir. 2018) (internal quotation marks and citation omitted)

. Here, Jola has not shown that the actions of his prior counsel directly relate to the specific negative credibility factors that the Board relied on

. Jola’s petition is **DISMISSED** in part and **DENIED** in part

. Case: 22-60044 Document: 00516624128 Page: 2 Date Filed: 01/26/2023
#### Dunn *v.*Beasley.

April 17, 1915.

Trover. Before Judge Fite. Whitfield superior court. April 9, 1914.

*M. 0. Tarver,*for plaintiff. *W. F. Mann,*for defendant.

Atkinson, J.

1. Where two persons swap horses, in order for one of them to repudiate the contract as void on the ground of fraud perpetrated by the other, and to employ the action of trover to recover the horse which he has given in exchange, the fraud must be actual. *Barnett*v. *Spier,*93 *Ga.*762 (21 S. E. 168).

*(a)*The ruling actually made in *Newman*v. *Claflin,*107 *Ga.*89 (32 S. E. 943), in view of the facts involved in the case, is not in conflict with the statement of the principle above announced.

2. This was an action of trover for the recovery of a horse. On the trial it appeared that the plaintiff had swapped horses with one of the defendants; and that the horse which he received had a disease of the lungs, from which it died. In making the trade the defendant represented the horse as sound, except for a wire cut on the ankle, and that he had traded for it a week before from a named person who represented it as . sound. The plaintiff knew the third person and had confidence in his representations, and traded on the faith of such statements by the defendant. In the making of the former trade the third person did not in so many words say that the horse was sound, but, in response to the direct question by defendant as to whether it was sound, replied: “You are aware of the wire cut on her leg,” without saying more. *Held,*that this response by the third person, under the circumstances under which it was made, is to be construed as a representation that, with the exception of the wire cut on the leg, the horse was sound.

*(a)*There was no evidence to show that the defendant knew of the diseased condition.of the horse’s lungs when he made the representation to plaintiff that the horse was sound.

(Z>) In the absence of such knowledge, there was no evidence upon which to predicate an issue as to actual fraud. *Waterman*v. *State,*114 *Ga.*262 (40 S. E. 262).

3. The trial judge, at the conclusion of the plaintiff’s evidence, properly granted a nonsuit.

*Judgment affirmed.*

*All the Justices concur, except Fish, O. J., absent.*
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<PAGE>   1




                                   EXHIBIT 23



                  CONSENT OF THE INDEPENDENT PUBLIC ACCOUNTANTS


    We hereby consent to the incorporation by reference in the Registration
Statements of HEARx Ltd. on Form S-8 (filed September 13, 1994), Form S-8 (filed
July 19, 1996), Form S-3 (File No. 333-4303), Form S-3 (File No. 333-4639), Form
S-3 (File No. 333-11429) , Form S-3 (File No. 333-18753), Form S-3 (File No.
333-24357), Form S-3 (File No. 333-25169) and Form S-3 (File No. 333-6457) of
our report dated March 12, 1999, relating to the financial statements and
financial statement schedule of the Registrant for the year ended December 25,
1998, included in the Registrant's Annual Report on Form 10-K for fiscal year
ended December 25, 1998.




West Palm Beach, Florida                                        BDO Seidman, LLP
March 12, 1999