alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

_________________________________________ Clerk April 1, 2013

d0325 

# Order

April 1, 2013

145418(7)

GRIEVANCE ADMINISTRATOR,

Petitioner

- Appellee,

v SC: 145418

ADB: 10

- 126

- GA

SUSAN F. WIDENBAUM,

Respondent

- Appellant.

_________________________________________/

On order of the Court, the motion for reconsideration of this Court’s December 5,

2012 order is considered, and it is DENIED, because it does not appear that the order was

entered erroneously.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 11330 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. JOSE PORTILLO

- MEZA , Defendant

- Appellant

Appeal s from the United States District Court for the Northern District of Texas USDC No. 3:12

- CR

- 205

- 1

Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * Jose Portillo

- Meza appeals his conviction for illegally reentering the United States after removal

. He urges that the district court erred in not allowing him to present a necessity or duress defense. He has not shown that he satisf ied the requirements for such a defense. See Un ited States v. Posada

Rios , 158 F.3d 832, 873 (5th Cir. 1998) ; United States v. Gant , 691 F.2d 1159, 116 2

- 65 (5th Cir. 1982).

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED September 17, 2014 Lyle W. Cayce Clerk Case: 13-11330 Document: 00512772259 Page: 1 Date Filed: 09/17/2014No. 13

- 11330
Additionally, Portillo

- Meza theorizes that excluding such a defense can result in an inconsistency between a criminal case and an immi gration case
. He has shown no error. AFFIRMED.

2 Case: 13-11330 Document: 00512772259 Page: 2 Date Filed: 09/17/2014
# C o urt o f A ppe a ls

o f th e S ta te o f G e o rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _
Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A2 4 I 0 2 19

. J ERI D A FACI LI TI ES MANAGEMENT, LLC et a l

. v
. POST OAK GROUP, LLC.

I n this ac tio n f

or dec larato ry and inj unc t iv e rel i e f , equ itable ac c o u nting, and

breac h o f c o ntrac t o r u nj u st enric hment, Jerid a Fac ilities M anagement, LLC, and J ef f re y A

. K e ebler ( “ D ef

end ants” ) f

iled a mo tio n f

o r su m mary j u d gment. The trial

c o u rt entered an o rd er o n M a y 2, 2024, d enying D e f

end a nts’ mo tio n f

o r su mmary j u d gment and reo p ening d isc ov ery; o n M ay 1 0, 2024, the c o urt c ertif ied its o rd er f

o r
immed ia t e r e v i e w

. On M ay 21 , 2024, D ef end a nts f iled t his ap p lic atio n seek ing to

ap p eal the c o u rt’ s o rd er. W e, ho w e v er, lac k j urisd ic tio n.
I t is the d u ty o f this Co urt to inqu ire into its j u risd ic tio n. Ra di o S a n dy S pri n gs , In c. v

. Alle n R d

. J o i n t Ven t u re , 31 1 Ga. A p p

. 334, 334- 335 (7 1 5 SE2d 7 5 2) (201 1 ).

Und er OCGA § 5- 6

- 34 ( b), a party may requ est interlo c u to ry r ev iew if the trial c o urt

c ertif ies within ten d ays o f entry o f the o rd er at issu e t hat immed iate rev iew sho u ld be

had

. The ap p lic a tio n t o t h i s Co u rt then mu st be mad e “w ithin ten d ays af ter su c h

c ertif ic ate is granted .” I d

. The r equ irements o f OCGA § 5- 6

- 34 (b) are j u r isd ic tio nal,

and if a p a rty seek ing interlo c uto ry rev iew d o es no t c o mp ly w ith these requ irements,

the p arty mu st w ait u ntil final ju d gment to ap p eal. See Is la mkha n v

. Kha n , 2 9 9 G a

. 548, 551 (2) (7 87 SE2d 7 31 ) (201 6 ).

H ere, bec a u se D ef

end ants f iled this ap pli c a t i o n 1 1 d ays af ter the trial c o urt
entered its c e rtif

ic ate o f immed iate rev iew , it is u ntimely. See Gra ves v

. D ea n , 1 6 6 Ga.

A p p

. 1 86 (303 SE2d 7 51 ) (1 983). June 11, 2024A c c o rd ingly, this ap p lic atio n is hereby D I SM I SSED

.

C o u r t o f A p p e a ls o f t h e S t a t e o f G e o r g ia C le r k ’ s O ffic e , A t la n t a ,

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r t ify t ha t t h e a b o v e is a t

r u e e x t r a c t fr o m

t h e m in u t e s o f t h e C o u r t o f A pp e a ls o f G e o r g ia

. W it n e s s m y s ig n a t u r e a n d t h e s e a l o f s a id c o u r t h e r e t o a ffix e d t h e d a y a n d y e a r la s t a b o v e w r

it t e n

.

, C le r

k

. 06/11/2024
#### In the Matter of Deborah A. McBride, Respondent, v Carl E. Luther, Appellant.

Petitioner resides in a three-bedroom town house with her *1057four children, two of whom were determined to be respondent’s children. Although petitioner claimed to have monthly expenses exceeding her income by nearly $800, her financial affidavit reveals relatively minor debts, most of which were incurred prior to commencement of this proceeding. Respondent has a net spendable income of some $25 to $45 per week. Both parties are employed, with petitioner earning about $25,000 per year (including her annual bonus) and respondent earning some $21,000 annually.

In view of respondent’s limited ability to pay, we find the court’s award of child support in the sum of $90 per week to be excessive and reduce the award to $45 per week. Based upon this modification, the judgment of arrears is vacated, and arrears are correspondingly reduced to $4,095 (91 weeks times $45), which respondent is hereby ordered to satisfy by weekly payments of $15.

We also find the award of counsel fees to be excessive and reduce that award to $750, including costs and disbursements. We have considered respondent’s remaining contentions and find them to be without merit. (Appeal from order of Monroe County Family Court, Willis, J. — paternity and support.) Present — Doerr, J. P., Boomer, Green, Pine and Balio, JJ.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

66 TP 13-01204 PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ.

IN THE MATTER OF STEVEN WISNIEWSKI, PETITIONER,

V ORDER

RANDY K. JAMES, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY, AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS.

STEVEN WISNIEWSKI, PETITIONER PRO SE.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATHLEEN M. ARNOLD OF COUNSEL), FOR RESPONDENTS.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Livingston County [Dennis S. Cohen, A.J.], entered July 1, 2013) to review a determination finding after a tier II hearing that petitioner had violated an inmate rule.
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.

Entered: February 7, 2014 Frances E. Cafarell Clerk of the Court
#### STORM, Respondent, v. REMSEN et al., Appellants.

(Supreme Court, Appellate Division, Second Department.

December 30, 1896.)

Action by Irene B. Storm, an infant, by Jaques Van Brunt, her guardian ad litem, against T. Schenck Remsen and others.

No opinion. Judgment modified so as to declare the deed therein mentioned void in toto as against the plaintiff, and as so modified affirmed, without costs.
**Exhibit12.1**

 

**CERTIFICATION**

 

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

 

**AS ADOPTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Robert Schofield, as Chief ExecutiveOfficer of Premier Foods plc (the “Company”) hereby certify, pursuant to 18U.S.C. § 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of2002, that to my knowledge:

 
| (1)    |   | the accompanying Annual Report on Form 20-F  for the period ending December 31, 2002 as filed with the U.S.  Securities and Exchange Commission (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.                                                                                                                                                      |

 
|   | By:           | /s/ ROBERT SCHOFIELD |   |
|--------|---------------|----------------------|--------|
|   | Name:         | Robert Schofield     |
|   | Title:        | Chief Executive      |
|   |
| Date:  | June 30, 2003 |
|        |               |                      |        |  |  |

 

A signed original of this written statementrequired by Section 906 has been provided to Premier Foods plc and will beretained by Premier Foods plc and furnished to the Securities and ExchangeCommission or its staff upon request.

 

1

----
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-6186

THURMOND WILFORD RANKIN,

Plaintiff - Appellant,

versus

STEPHEN DEWALT, Warden,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge.

(CA-00-3-3)

Submitted: April 27, 2000 Decided: May 3, 2000

Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Thurmond Wilford Rankin, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Thurmond Wilford Rankin appeals the magistrate judge’s order

conditionally filing his complaint. We dismiss the appeal for lack

of jurisdiction because the order is not appealable. This court

may exercise jurisdiction only over final orders, 28 U.S.C. § 1291

(1994), and certain interlocutory and collateral orders, 28 U.S.C.

§ 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.

Loan Corp., 337 U.S. 541 (1949). The order here appealed is

neither a final order nor an appealable interlocutory or collateral

order.

We dismiss the appeal as interlocutory. We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED
Exhibit 32.1

PERIODIC REPORT CERTIFICATION  of the Chief Executive Officer and Chief Financial Officer

I, Dennis C. Pence, Chairman and Chief Executive Officer of Coldwater Creek Inc. (the "Company"), certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(1)   the
report of the Company on Form 10-K/A for the annual period ended January 31, 2004, as filed with the Securities and Exchange Commission
(the "Report") fully complies with the requirements of Section 13(a) 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 result of operations of the Company.

/s/
DENNIS C. PENCE

Chairman
and Chief Executive Officer
(Principal Executive Officer)
May 7, 2004

I,
Melvin Dick, Executive Vice President and Chief Financial Officer of Coldwater Creek Inc. (the "Company"), certify, pursuant to 18 U.S.C. §1350, as adopted pursuant
to § 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(1)   the
report of the Company on Form 10-K/A for the annual period ended January 31, 2004, as filed with the Securities and Exchange Commission
(the "Report") fully complies with the requirements of Section 13(a) 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 result of operations of the Company.

/s/
MELVIN DICK

Executive
Vice President and Chief Financial Officer
(Principal Financial Officer)
May 7, 2004



QuickLinks
114TH CONGRESS 

2D SESSION H. R. 2589 

AN ACT 

To amend the Communications Act of 1934 to require the 

Federal Communications Commission to publish on its 

Internet website the text of any item that is adopted 

by vote of the Commission not later than 24 hours 

after receipt of dissenting statements from all Commissioners wishing to submit such a statement with respect 

to such item. 

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

•HR 2589 EH

1 SECTION 1. TIMELY AVAILABILITY OF ITEMS ADOPTED BY 

2 VOTE OF THE COMMISSION. 

3 (a) AMENDMENT.—Section 4 of the Communications 

4 Act of 1934 (47 U.S.C. 154) is amended by adding at 

5 the end the following: 

6 ‘‘(p) In the case of any item that is adopted by vote 

7 of the Commission, the Commission shall publish on the 

8 Internet website of the Commission the text of such item 

9 not later than 24 hours after the Secretary of the Commis10 sion has received dissenting statements from all Commis11 sioners wishing to submit such a statement with respect 

12 to such item.’’. 

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

14 this section shall apply with respect to an item that is 

15 adopted after the date that is 30 days after the date of 

16 the enactment of this Act. 

Passed the House of Representatives May 23, 2016. 

Attest: 

Clerk. 

114TH CONGRESS 

2D SESSION H. R. 2589 

AN ACT 

To amend the Communications Act of 1934 to resuch item. ing to submit such a statement with respect to senting statements from all Commissioners wish- not later than 24 hours after receipt of dis- item that is adopted by vote of the Commission to publish on its Internet website the text of any quire the Federal Communications Commission
**EXHIBIT 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation byreference in the Registration Statements on Form S-8 (No.’s 333-116649, 333-115743, 333-106688, 333-86567, 333-86513 and 333-59803) pertaining to the 1995 Stock Incentive Plan, 1997 Employee Stock Purchase Plan and 2004 Stock Incentive Plan ofDocument Sciences Corporation of our report dated March 17, 2006, with respect to the consolidated financial statements and schedule of Document Sciences Corporation included in the Annual Report (Form 10-K) for the year ended December 31,2005. 

/s/    ERNST & YOUNG LLP 

San Diego, California 

March 27, 2006
[862 NE2d 782, 830 NYS2d 691]

#### Victor Coronel, Appellant, v The Chase Manhattan Bank, Respondent.

Decided January 16, 2007

APPEARANCES OF COUNSEL

*Victor Coronel,*appellant pro se.

*839
      *Barry, McTiernan & Moore,*New York City *(Anthony J. Mc-Nulty*of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question not answered as unnecessary. We agree with the Appellate Division that plaintiff failed to raise an issue of fact sufficient to defeat defendant bank’s summary judgment motion.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith and Pigott.
**Exhibit 31.2**

**CERTIFICATION**

I, Yongbin Han, certify that: 

1. I have reviewed this annual report on Form 10-KSB/A of China BAK Battery, Inc. for the fiscal year ended September 30, 2005;

2. Based on my knowledge, this report does not contain any untrue statement of material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this annual report; 

4. The small business issuer’s other certifying officer and I are responsible for establishing and maintaining disclosure controlsand procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have: 

a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period in which this report is being prepared; 

b.Evaluated the effectiveness of the small business issuer’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered bythis report based on such evaluation; and 

c. Disclosed in this report any change in the small business issuer’sinternal control over financial reporting that occurred during the small business issuer’s most recent fiscal quarter (the small business issuer’s fourth fiscal quarter in the case of an report) that has materially affected, or isreasonably likely to materially affect, the small business issuer’s internal control over financial reporting; and 

5.The small business issuer’s other certifying officer and I have disclosed, based on our most recent evaluation of internal controls over financial reporting, to the small business issuer’s auditors and the audit committee of the smallbusiness issuer’s board of directors (or persons performing the equivalent functions): 

a. All significant deficienciesand material weaknesses in the design or operation of internal controls over financial reporting that are reasonably likely to adversely affect the small business issuer’s ability to record, process, summarize and report financial information;and 

b. Any fraud, whether or not material, that involves management or other employees who have a significant role in thesmall business issuer’s internal controls over financial reporting. 

Date: August 22, 2006
----

**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 China BAK Battery,Inc. (the “Company”) on Form 10-K for the period ended September 30, 2009 asfiled with the Securities and Exchange Commission on the date hereof (the“Report”), I, Xiangqian Li, Chief Executive Officer of the Company, certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-OxleyAct of 2002, that: 

        (1) The Report fully complies with the requirements ofSection 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 result of operations ofthe Company.

/s/ Xiangqian Li                                                                       Xiangqian Li*President & Chief Executive Officer*

December 14, 2009

----
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, Jing Thomas Wu, the Chief Financial Officer and Treasurer of AMERICAN LORAIN CORPORATION (the Company), DO HEREBY CERTIFY that:

1. The Companys Annual Report on Form 10-K for the
fiscal year ended December 31, 2007 (the Report), fully complies with the
requirements of Section 13(a) of the Securities Exchange Act of 1934; and
2. Information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operation of the Company.

IN WITNESS WHEREOF, each of the undersigned has executed this statement this 15th day of April 2008.

| | /s/ Jing Thomas Wu                   
| | -------------------------------------
| | Jing Thomas Wu                       
| | Chief Financial Officer and Treasurer
| | (Principal Financial Officer)        

A signed original of this written statement
required by Section 906 has been provided to American Lorain Corporation and
will be retained by American Lorain Corporation and furnished to the Securities
and Exchange Commission or its staff upon request.

The forgoing certification is being furnished to the Securities and Exchange Commission pursuant to §18 U.S.C.
Section 1350. It is not being filed for purposes of Section 18 of the Securities
Exchange Act of 1934, as amended, and is not to be incorporated by reference
into any filing of the Company, whether made before or after the date hereof,
regardless of any general incorporation language in such filing.

---
**EXHIBIT 32.1**

 

**PERICOM SEMICONDUCTOR CORPORATION**

 

CERTIFICATION OF CHIEF EXECUTIVE OFFICER 

 

PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED 

 

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 

 

In connection with this quarterly report of Pericom Semiconductor Corporation (the “Company”) on Form 10-Q for the three-monthsended October 1, 2005 (the “Report”), I, Alex C. Hui, Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to thebest of my knowledge: 

 

(1) the Report fully complies with therequirements of Section 13(a) or 15(d), as applicable, 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 atthe dates and for the periods indicated. 

 

November 15, 2005
#### Agnes Sweeney, Appellant, v New York State Division of Human Rights et al., Respondents.

Proceeding pursuant to Executive Law § 298 to review an order of the New York State Division of Human Rights, dated November 29, 1985, which dismissed the petitioner’s complaint charging an unlawful discriminatory practice relating to employment based upon sex, after an investigation and upon a finding of no probable cause. By order of the Supreme Court, Dutchess County (Beisner, J.), dated March 17, 1986, the proceeding was transferred for disposition to this court.

Ordered that on the court’s own motion, the proceeding is transferred for disposition to the Supreme Court, Dutchess County *(see,*L 1985, ch 340, § 2). Brown, J. P., Weinstein, Rubin and Kooper, JJ., concur.