alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COMPLAINT FORM 

JUDICIAL COUNCIL OF THE 

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS 

COMPLAINT OF JUDICIAL MISCONDUCT OR DISABILITY

This Complaint Form may be filed by mail or email. It should be typewritten, if possible, or 

written legibly; if this form is not completed properly, the Clerk will not accept it.

If mailing, send this Form to: Clerk, United States Court of Appeals for Veterans Claims

625 Indiana Avenue, NW, Suite 900

Washington, DC 20004-2950

Mark the Envelope "CONFIDENTIAL: Complaint of Misconduct" or "CONFIDENTIAL: 

Complaint of Disability." Do not put the name of the Judge on the envelope.

If emailing, send this Form to: efiling@uscourts.cavc.gov. The subject line of the email should 

be "CONFIDENTIAL: Complaint of Misconduct" or "CONFIDENTIAL: Complaint of 

Disability." Do not put the name of the Judge in the subject line.

1. Complainant's name:

Address:

Telephone: Email address: 

2. Name of Judge complained about:

3. Does this complaint concern the conduct of the Judge in a particular case(s)? [ ] Yes [ ] No

If "yes," complete the following about each case (use reverse side if more than one):

Docket number:

Are (were) you a party or lawyer in the case? [ ] Party [ ] Lawyer [ ] Neither

If you are (were) a party in the case, give the name, address, telephone number, and email 

address of your representative, if any:

Representative's name:

Address:

Telephone: Email address: 

Docket numbers of any appeals to the U.S. Court of Appeals for the Federal Circuit:

(see next page) 
2 

4. Have you filed any lawsuits against the Judge? [ ] Yes [ ] No

If "yes," give the following information about each case (use the reverse side if there is more 

than one):

Court: 

Docket number: 

Present status of suit: 

Name, address, telephone number, and email address of your representative, if any: 

Representative's name: 

Address: 

Telephone: Email address: 

Court to which any appeal has been taken: 

Docket number of the appeal: 

Present status of the appeal: 

5. On separate sheets of paper, not larger than 81⁄2" by 11", describe the conduct or the evidence of 

disability that is the subjectof this complaint and explain why you believe this conductis prejudicial 

to the effective and expeditious administration of the business of the Court. See U.S. VET. APP. R. 

GOVERNING COMPLS. JUD. MISCONDUCT & DISABILITY R. 2(b), 2(d). Do not use more than 5 pages 

(5 sides).

I declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that 

(1) I have read Rules 1 and 2 of the Court's Rules Governing Complaints of Judicial Misconduct 

or Disability, and

(2) the statements made in this complaint are true and correct to the best of my knowledge.

(Signature) 

Executed on 

(Date)
**FIRST
AMENDMENT TO EMPLOYMENT AGREEMENT**
 
 This is
the first amendment (the “First Amended Agreement”) to that certain Employment
Agreement dated as of the 18 th day of
June, 2003 (the “Agreement”), between Mpower Communications Corp., a Nevada
corporation (the “Company”) and Jim Ferguson (“Executive”).
 
 The
Company and Executive, for and in consideration of the promises, terms and
conditions contained herein, do hereby agree to make the following amendments to
the Agreement.
 
 1.
Section 4.02 of the Agreement is deleted in its entirety, and replaced by the
following:
  “4.02
TERMINATION WITHOUT CAUSE; RESIGNATION FOR GOOD REASON. In the event of (A) the
Company’s termination of Executive’s employment hereunder without Cause, (B)
Executive’s resignation for Good Reason, (C) Executive’s death, or (D)
Executive’s Disability, he shall be entitled to the following: (i) the payments
and benefits described immediately above in sub-section (a) of Section 4.01 and
(ii) a severance benefit (the “ ***Severance
Benefit*** ”) equal
to two times (a) the higher of the Fixed Salary paid immediately preceding the
Termination Date or the Fixed Salary on June 18, 2003 and (b) the highest bonus
paid by the Company to Executive during the period from the Effective Date
through the Termination Date. Payment of the Severance Benefit shall be
contingent upon Executive’s execution of a waiver and release of claims (a
“ ***Release*** ”) in
favor of the Company and its affiliates and their respective employees and
agents, substantially in the form set forth in Appendix A. The Severance Benefit
shall be paid by the Company in a lump sum, no later than two (2) business days
after the expiration of the Revocation Period, as defined in the
Release.”
 
 
 **IN
WITNESS WHEREOF,** the
parties have duly executed this Second Amended Agreement as of this
28 th day of
July, 2004.
 
 
 **MPOWER
COMMUNICATIONS CORP.**
 
 /s/ Russell I.
      Zuckerman
    
    
    /s/ Jim
      FergusonRussell I.
      ZuckermanSenior
      Vice President, General Counsel and Corporate Secretary
    
    
    Jim
      Ferguson
[Federal Register Volume 66, Number 79 (Tuesday, April 24, 2001)]
[Notices]
[Pages 20687-20688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10024]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--SEMATECH, Inc.

    Notice is hereby given that, on February 9, 1998, pursuant to 
section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), SEMATECH, Inc. 
(``SEMATECH'') has filed written notifications simultaneously with the 
Attorney General and the Federal Trade Commission disclosing changes in 
its membership status. The notifications were filed for the purpose of 
extending the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances. 
Specifically, Lucent Technologies,

[[Page 20688]]

Murray Hill, NJ has been added as a party to this venture. Also, 
American Telephone & Telegraph Company, New York, NY; Harris 
Corporation, Melbourne, FL; LSI Logic Corporation Milpitas, CA; Micron 
Technology, Inc., Boise, ID; and NCR Corporation, Dayton, OH have been 
dropped as parties to this venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and SEMATECH intends to file additional 
written notification disclosing all changes in membership.
    On April 22, 1988, SEMATECH filed its original notification 
pursuant to section 6(a) of the Act. The Department of Justice 
published a notice in the Federal Register pursuant to section 6(b) of 
the Act on May 19, 1988 (53 FR 17987).
    The last notification was filed with the Department on January 4, 
1989. A notice was published in the Federal Register pursuant to 
section 6(b) of the Act on February 10, 1989 (54 FR 6458).

Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 01-10024 Filed 4-23-01; 8:45 am]
BILLING CODE 4410-11-M
**Exhibit 23**
**CONSENT OF INDEPENDENT REGISTERED CHARTERED ACCOUNTANTS**
We consent to the incorporation by reference in the following Registration Statements andAmendments of Nortel Networks Limited (“Nortel”) of our reports dated April 29, 2005, relating tothe financial statements and financial statement schedule of Nortel and management’s report oninternal control over financial reporting (which report on the financial statements expresses anunqualified opinion and includes a separate report titled Comments by Independent RegisteredChartered Accountants on Canadian-U.S. Reporting Differences referring to changes in accountingprinciples that have a material effect on the comparability of the financial statements; and whichreport on internal control over financial reporting expressed anunqualified opinion on management’s assessment of theeffectiveness of Nortel’s internal control over financialreporting an adverse opinion on theeffectiveness of Nortel’s internal control over financial reporting because of materialweaknesses) appearing in the Annual Report on Form 10-K of Nortel Networks Limited forthe year ended December 31, 2004:
 • Registration Statement on Form S-8 and all Post-Effective Amendments thereto(Nortel Networks U.S. Deferred Compensation Plan)(333-11558)
 • Registration Statement on Form S-3 and all Post-Effective Amendments thereto(Common Shares, Preferred Shares, Debt Securities, Guarantees,Warrants to Purchase Equity Securities, Warrants to Purchase Debt Securities,Share Purchase Contracts, Share Purchase or Equity Units of Nortel Networks Corporation andGuaranteed Debt Securities of Nortel Networks Limited)  (333-88164)
/s/ Deloitte & Touche LLPIndependent Registered Chartered Accountants
Toronto, Canada
<PAGE>

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

I, John F. Corcoran, Chief Financial Officer of CNA Surety Corporation (the
"Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that to the best of my knowledge:

(1)   the Quarterly Report on Form 10-Q of the Company for the quarterly period
      ended June 30, 2004 (the "Report") fully complies with the requirements of
      Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
      78m or 78o(d)); 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/ John F. Corcoran
------------------------------------
John F. Corcoran
Chief Financial Officer

                                       45
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 Quarterly Report on Form 10-Q of Active Power, Inc. (the Company) for the period ending September 30, 2005, as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Joseph F. Pinkerton, III, 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) | The Report fully complies with the requirements of Section 13a or 15d, as applicable, 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/S/    JOSEPH F. PINKERTON,
IIIJoseph F. Pinkerton, IIIChairman of the Board, Presidentand Chief Executive OfficerOctober 26, 2005
• 

Order entered November 28, 2012 

In The 

Court of Zfppeat5 

fifth Micarict of Memo at 1113attacs 

No. 05-12-01359-CV 

CITY OF MCKINNEY, Appellant 

V. 

HANK'S RESTAURANT GROUP, L.P., Appellee 

On Appeal from the 366th Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 366-03124-2012 

ORDER 

The Court has before it appellee's November 26, 2012 unopposed motion for extension 

of time to file brief of appellee. The Court GRANTS the motion and ORDERS appellee to file 

its brief by November 29, 2012. 

MOLLY FRA IS 

JUSTICE
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1 D 2 0 2 3

- 2336

_____________________________
D AVID L. N ICKELSON , Appellant,

v.

K EITH R. H ARRIS , Appellee.

_____________________________

On appeal from the C ounty Court for Jackson County

. Douglas Wade Mercer , Judge

.

December 27, 2023

P ER C URIAM

.
D ISMISSED

.
L EWIS , B.L. T HOMAS , and N ORDBY , JJ., concur.

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

.

_____________________________

David L. Nickelson
, pro se, Appellant.2 No appearance for Appellee.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 21

- 50488 Summary Calendar

**United States of America,** Plaintiff

— Appellee **,**

versus **Bonifacio Eduardo Trujillo**

**- Gutierrez,**  Defendant

— Appellant

**.**

Appeal from the United States District Court for the Western District of Texas No. 4:20

- CR

- 587

- 1

Before **Smith, Stewart,** and **Graves,** Circuit Judges

. **Per Curiam :**  * Bonifacio Trujillo

- Gutierrez appeals his sentence for illegal reentry after removal in violation of 8 U.S.C. § 1326(a) and (b)( 1 ). For the first time on appeal, Trujillo

- Gutierrez contends that the sentence is uncon stitu tional because his indictment alleged only those facts sufficient for a conviction

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opin

ion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED December 3, 2021 Lyle W. Cayce Clerk Case: 21-50488 Document: 00516116027 Page: 1 Date Filed: 12/03/2021No. 21

- 50488

2 under § 1326(a) and did not include any allegations of a prior con viction necessary for the § 1326(b) (1) enhancement

. Trujillo

- Gutierrez concedes that this argument is foreclosed by Almendarez

- Torres v. United States , 523 U.S. 224, 226

− 27 (1998), but seeks to preserve the issue for further review. The g overnment has fil ed an unop

posed motion for sum mary affirmance, agreeing that the issue is foreclosed, and in the alternative, a motion for an extension of time to file a brief.
As the g overnment says and Trujillo

- Gutierrez concedes, the sole issue raised on appeal is fo reclosed by Almendarez

- Torres

. See United States

v. Wallace , 759 F.3d 486, 497 (5th Cir. 2014); United States v. Pineda

Arrellano , 492 F.3d 624, 625 −2 6 (5th Cir. 2007). Because the g overnment’s position “is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case,” Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969) , summary affirmance is proper. Accordingly, the motion for summary affirmance is **GRANTED** , and the judgment is **AFFIRMED** . Th e g overnment’s alternative motion for an extension of time to file a brief is **DENIED**

. Case: 21-50488 Document: 00516116027 Page: 2 Date Filed: 12/03/2021
EXHIBIT 23.1


                            KYLE L. TINGLE, CPA , LLC








                                                                  March 12, 2007


To Whom It May Concern:



The firm of Kyle L. Tingle, Certified Public Accountant,  LLC hereby consents to
the  inclusion  of this report of January  22,  2007,  accompanying  the audited
financial  statements of Las Palmas Mobile  Estates,  as at December 31, 2006 in
the Form 10KSB.


Very truly yours,


/s/ KYLE L. TINGLE
________________________
Kyle L. Tingle, CPA, LLC




        P.O. Box 50141, Henderson, Nevada 89016, Phone: (702) 434-8452,
             Fax: (702) 436-4218, e-mail: ktingle@kyletinglecpa.com
#### The People of the State of New York, Respondent, v Jacquelyn Bennett, Also Known as Jacqueline Bennett, Appellant.

— Appeal by the defendant from a judgment of the County Court, Nassau County (Ain, J.), rendered March 18, 1985, convicting her of robbery in the first degree, robbery in the second degree, and grand larcény in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends on appeal that the People failed to adduce legally sufficient proof of her guilt, and failed to prove her guilt beyond a reasonable doubt. These contentions are devoid of merit. Viewing the evidence in a light most favorable to the People, we find that the evidence is sufficient as a matter of law to support the defendant’s conviction *(see, People v Conyers,*130 AD2d 677; *People v Contes,*60 NY2d 620, 621). Moreover, upon the exercise of our factual review power we are satisfied that the evidence established the defendant’s guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence *(see,*CPL 470.15 [5]). The evidence adduced at the trial and obviously credited by the jury showed that the defendant arranged for the robbery of the victim by three men and after the victim relinquished some money, advised her accomplices that the victim had more money in his possession. The testimony of the victim in this regard was not incredible as a matter of law. Furthermore, the jury was entitled to reject the defendant’s assertion that she had seen the victim on the evening that the crime occurred but had not arranged to have him robbed or taken part in any robbery.

Finally, in view of the defendant’s criminal history, we perceive no reason for disturbing the sentence imposed by the trial court. Thompson, J. P., Brown, Rubin and Harwood, JJ., concur.
<PAGE>

                                                                      Exhibit 32

                            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 of Allergy Research Group, Inc.
(the "Company") on Form 10-QSB for the period ending September 30, 2005 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Dr. Stephen A. Levine, 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 to my knowledge:

          (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.

Dated: November 10, 2005


                                         By: /s/ Stephen A. Levine
                                             ---------------------------------
                                             Dr. Stephen A. Levine
                                             Chief Executive Officer and
                                             Chief Financial Officer

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Allergy Research Group, Inc. and
will be retained by Allergy Research Group, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.
**EXHIBIT32**

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002***

In connection with theAnnual Report of GeoPetro Resources Company (the “Company”) on Form 10-K/A forthe period ending December 31, 2006 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), the undersigned, Stuart J. Doshi ,Chief Executive Officer, and J. Chris Steinhauser, Chief Financial Officer ofthe Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to his knowledge,that:

(1)   TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

(2)   Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| Dated: May 3, 2007 | /s/ Stuart J. Doshi                                            |   |
|--------------------|----------------------------------------------------------------|--------|
|               | Stuart J. Doshi                                                |
|               | President, Chief Executive Officer   and Chairman of the Board |
|               |                                                           |
| Dated: May 3, 2007 | /s/ J. Chris Steinhauser                                       |   |
|               | J. Chris Steinhauser                                           |
|               | Chief Financial Officer                                        |

 

A signed original of thiswritten statement required by Section 906 has been provided to GeoPetroResources Company and will be retained by GeoPetro Resources Company andfurnished to the Securities and Exchange Commission or its staff upon request.

----

*      This certification is beingfurnished solely to accompany the Report pursuant to 18 U.S.C. Section 1350 andis not being filed for purposes of Section 18 of the Securities ExchangeAct of 1934, as amended, and is not to be incorporated by reference into any filingof the Company, whether made before or after the date hereof, regardless of anygeneral incorporation language in such filing.

----