alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

Filed 11/9/23 P. v. Black CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication 

or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(El Dorado)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

BRANDON GARRET BLACK,

Defendant and Appellant.

C097618

(Super. Ct. No. 22CR1295)

Appointed counsel for defendant Brandon Garret Black asked this court to review 

the record and determine whether there are any arguable issues on appeal. (People v. 

Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a 

disposition more favorable to defendant, we will affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was charged with resisting an executive officer (Pen. Code, § 69) and it 

was also alleged defendant had a prior strike. On August 9, 2022, the trial court found 
2

defendant competent to stand trial. On October 10, 2022, the trial court granted 

defendant’s request to represent himself.

At defendant’s trial, a hotel manager testified to calling police because she saw 

defendant putting a candle to a hotel room’s door. Police officers testified that when they 

arrived, they saw he had a knife in a sheath on his hip. One officer told defendant he was 

removing the knife for their safety, defendant appeared to reach for the knife, and then 

the officers tried to detain defendant while defendant wrestled and struggled with the 

officers. One of the officers had to use his Taser on defendant multiple times before they 

were able to eventually arrest him. 

The jury found defendant guilty of resisting an executive officer. The trial court 

found defendant’s prior strike and several sentencing enhancements true beyond a 

reasonable doubt. 

On December 19, 2022, the trial court denied defendant’s motion to dismiss his 

strike and sentenced him to two years (midterm), doubled to four years for the prior 

strike.

DISCUSSION

Appointed counsel filed an opening brief setting forth the facts of the case and 

asking this court to review the record and determine whether there are any arguable 

issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by 

counsel of the right to file a supplemental brief within 30 days of the date of filing the 

opening brief. More than 30 days have elapsed, and we received no communication from 

defendant.

Having undertaken an examination of the entire record, we find no arguable error 

that would result in a disposition more favorable to defendant.
3

DISPOSITION

The judgment is affirmed.

 \s\ ,

Krause, J.

We concur:

 \s\ ,

Robie, Acting P. J.

 \s\ ,

Mauro, J.
```
 
 
VIX FUTURES - CBOE FUTURES EXCHANGE                                  Code-1170E1
FUTURES ONLY POSITIONS AS OF 09/24/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
($1000 X INDEX)                                      OPEN INTEREST:      368,232
COMMITMENTS
  94,026  175,560   70,149  180,476   95,725  344,651  341,434   23,581   26,798

CHANGES FROM 09/17/13 (CHANGE IN OPEN INTEREST:    -58,833)
  -2,259  -11,742   -4,229  -50,007  -40,290  -56,495  -56,261   -2,338   -2,572

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    25.5     47.7     19.1     49.0     26.0     93.6     92.7      6.4      7.3

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      162)
      51       69       62       32       29      117      132
```

----

Updated September 27, 2013
EXHIBIT 32-B

FARO Technologies, Inc.

Certification Pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002

Solely for the purposes of complying with 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, I, the undersigned Senior Vice President and Chief Financial Officer of FARO Technologies, Inc., (the Company), and the principal financial officer and principal accounting officer of the
Company for the period covered the Report, hereby certify, based on my knowledge, that the Annual Report on Form 10-K for the year ended December 31, 2010 (the Report) fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                    
|--------------------
|/s/    KEITH S.
BAIR
|Keith S. Bair       
|February 25, 2011
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                             MAY-31-1998
<PERIOD-END>                                  NOV-30-1997
<CASH>                                             27,789 
<SECURITIES>                                            0 
<RECEIVABLES>                                      12,504 
<ALLOWANCES>                                            0 
<INVENTORY>                                        18,611 
<CURRENT-ASSETS>                                  101,877 
<PP&E>                                          1,179,374 
<DEPRECIATION>                                          0 
<TOTAL-ASSETS>                                  2,068,955 
<CURRENT-LIABILITIES>                           2,270,826 
<BONDS>                                                 0 
<PREFERRED-MANDATORY>                                   0 
<PREFERRED>                                             0 
<COMMON>                                        2,341,540 
<OTHER-SE>                                     (3,328,395)
<TOTAL-LIABILITY-AND-EQUITY>                    2,068,955 
<SALES>                                         1,774,280 
<TOTAL-REVENUES>                                1,774,280 
<CGS>                                             565,207 
<TOTAL-COSTS>                                     565,207 
<OTHER-EXPENSES>                                1,485,807 
<LOSS-PROVISION>                                        0 
<INTEREST-EXPENSE>                                 69,616 
<INCOME-PRETAX>                                  (346,350)
<INCOME-TAX>                                            0 
<INCOME-CONTINUING>                              (346,350)
<DISCONTINUED>                                          0 
<EXTRAORDINARY>                                         0 
<CHANGES>                                               0 
<NET-INCOME>                                     (346,350)
<EPS-PRIMARY>                                        (.12)
<EPS-DILUTED>                                        (.12)
                                              

</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

HEADWATER RESEARCH LLC,

Plaintiff,

v.

T-MOBILE USA, INC. AND SPRINT CORP.,

Defendants.

Case No. 2:23-cv-00379-JRG-RSP

LEAD CASE

JURY TRIAL DEMANDED

HEADWATER RESEARCH LLC,

Plaintiff,

v.

T-MOBILE USA, INC. AND SPRINT CORP.,

Defendants.

Case No. 2:23-cv-00377-JRG-RSP

JURY TRIAL DEMANDED

DECLARATION OF JAMES S. TSUEI IN SUPPORT OF PLAINTIFF HEADWATER

RESEARCH LLC’S MOTION TO COMPEL CORE TECHNICAL DOCUMENTS 

REQUIRED UNDER PATENT L.R. 3-4(a)

Case 2:23-cv-00379-JRG-RSP Document 74 Filed 08/21/24 Page 1 of 3 PageID #: 2946
1

I, James S. Tsuei, declare as follows:

1. I am counsel for Headwater Research LLC (“Headwater”) in the above-captioned 

action. I provide this declaration in support of Headwater’s Motion to Compel Core Technical 

Documents Required Under Patent L.R. 3-4(a). I have personal knowledge of the facts set forth 

herein, and if called upon to testify, could and would testify competently thereto.

2. Attached as Exhibit 1 is a true and correct copy of Headwater’s amended

infringement contentions claim chart for U.S. Patent No. 9,198,042, served on March 19, 2024.

3. Attached as Exhibit 2 is a true and correct copy of Headwater’s amended 

infringement contentions claim chart for U.S. Patent No. 8,924,543, served on March 19, 2024.

I declare under penalty of perjury that the foregoing is true and correct. 

Executed on August 21, 2024 at Los Angeles, California.

By: /s/ James S. Tsuei

James S. Tsuei

Case 2:23-cv-00379-JRG-RSP Document 74 Filed 08/21/24 Page 2 of 3 PageID #: 2947
2

CERTIFICATE OF SERVICE

I hereby certify that all counsel of record who are deemed to have consented to electronic 

service are being served this 21st day of August 2024, with a copy of this document via the Court’s 

CM/ECF system per Local Rule CV-5(a)(3).

/s/ James S. Tsuei

James S. Tsuei

Case 2:23-cv-00379-JRG-RSP Document 74 Filed 08/21/24 Page 3 of 3 PageID #: 2948
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
     INFORMATION FOR INCLUSION IN THE 10-QSB, FINANCIAL DATA SCHEDULE BALANCE
     SHEET DATA ONLY AS OF JUNE 30, 1997
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1997   
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   JUN-30-1997
<CASH>                                         503,661
<SECURITIES>                                   0
<RECEIVABLES>                                  3,852,657
<ALLOWANCES>                                   (117,000)
<INVENTORY>                                    3,532,491
<CURRENT-ASSETS>                               8,301,990
<PP&E>                                         5,612,498
<DEPRECIATION>                                 (563,214)
<TOTAL-ASSETS>                                 17,459,859
<CURRENT-LIABILITIES>                          5,693,103
<BONDS>                                        6,613,451
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       11,732
<OTHER-SE>                                     7,545,475
<TOTAL-LIABILITY-AND-EQUITY>                   17,459,859
<SALES>                                        9,295,703
<TOTAL-REVENUES>                               9,295,703
<CGS>                                          6,252,073
<TOTAL-COSTS>                                  6,252,073
<OTHER-EXPENSES>                               2,701,638
<LOSS-PROVISION>                               18,000
<INTEREST-EXPENSE>                             93,008
<INCOME-PRETAX>                                230,984
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            230,984
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   230,984
<EPS-PRIMARY>                                  0.02
<EPS-DILUTED>                                  0.02
        

</TABLE>
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2268 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 2268

To amend title XVIII of the Social Security Act to assure that Medicare 
beneficiaries have continued access under current contracts to managed 
        health care through the Medicare cost contract program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 1999

Mr. McInnis (for himself, Mr. Nussle, Mr. Herger, Mr. Ramstad, and Mr. 
Udall of Colorado) introduced the following bill; which was referred to 
 the Committee on Ways and Means, and in addition to the Committee on 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To amend title XVIII of the Social Security Act to assure that Medicare 
beneficiaries have continued access under current contracts to managed 
        health care through the Medicare cost contract program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Managed Care Cost Contract 
Continuation Act of 1999''.

SEC. 2. CONTINUATION OF MEDICARE MANAGED CARE COST CONTRACTS.

    (a) Permitting Indefinite Extension of Current Cost Contracts.--
Section 1876(h)(5) of the Social Security Act (42 U.S.C. 1395mm(h)(5)) 
is amended--
            (1) by striking ``(5)(A)'' and inserting ``(5)'', and
            (2) by striking subparagraph (B).
    (b) Conforming Repeal of Report Requirement.--Section 4002(b)(2)(B) 
of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 329) 
is repealed.
                                 <all>
```
`[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 197 Reported in Senate (RS)]






                                                       Calendar No. 392
106th CONGRESS
  1st Session
                                H. R. 197


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 1999

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

                            November 4, 1999

              Reported by Mr. Thompson, without amendment

_______________________________________________________________________

                                 AN ACT


 
 To designate the facility of the United States Postal Service at 410 
North 6th Street in Garden City, Kansas, as the ``Clifford R. Hope Post 
                               Office''.

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 410 
North 6th Street in Garden City, Kansas, is hereby designated as the 
``Clifford R. Hope Post Office''.

SEC. 2. REFERENCES.

    Any reference in a law, regulation, map, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be considered to be a reference to the ``Clifford R. Hope Post 
Office''.
                                     





                                                       Calendar No. 392

106th CONGRESS

  1st Session

                               H. R. 197

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service at 410 
North 6th Street in Garden City, Kansas, as the ``Clifford R. Hope Post 
                               Office''.

_______________________________________________________________________

                            November 4, 1999

                       Reported without amendment`
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2152 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 2152

    To suspend temporarily the duty on TEOF (triethyl orthoformate).

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 1999

 Mr. Jenkins introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
    To suspend temporarily the duty on TEOF (triethyl orthoformate).

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

SECTION 1. TEMPORARY SUSPENSION OF DUTY.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:
      

``    9902.29.01    TEOF (triethyl    Free              Free              No change         On or before 12/
                     orthoformate),                                                          31/2002          ''
                     used as raw                                                                               .
                     material for
                     custom
                     agricultural
                     product) (CAS
                     No. 000122-51-
                     0) (provided
                     for in
                     subheading
                     2915.13.50)....

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION

HEADWATER RESEARCH LLC, 

Plaintiff, 

v. 

VERIZON COMMUNICATIONS INC., 

CELLCO PARTNERSHIP d/b/a VERIZON 

WIRELESS, and VERIZON CORPORATE 

SERVICES GROUP, INC., 

Defendants. 

CIVIL ACTION NO. 2:23-CV-00352 

JURY TRIAL DEMANDED 

DEFENDANTS’ AND COUNTERCLAIM-PLAINTIFFS’ JURY DEMAND 

Pursuant to Local Rule CV-38(a), Defendant Verizon Communication Inc. and Defendants 

and Counterclaim-Plaintiffs Cellco Partnership, d/b/a Verizon Wireless and Verizon Corporate 

Services Group, Inc. respectfully demand a jury trial on all issues so triable. 

Case 2:23-cv-00352-JRG-RSP Document 28 Filed 10/09/23 Page 1 of 3 PageID #: 502
DATED: October 9, 2023 GIBSON, DUNN & CRUTCHER LLP 

/s/ Katherine Q. Dominguez 

 

Katherine Q. Dominguez (Lead Attorney) 

kdominguez@gibsondunn.com 

Josh A. Krevitt 

jkrevitt@gibsondunn.com 

Brian Rosenthal 

brosenthal@gibsondunn.com

GIBSON, DUNN & CRUTCHER LLP 

200 Park Avenue 

New York, New York 10166-0193 

Telephone: (212) 351-4000 

Facsimile: (212) 351-4035 

Andrew Robb 

arobb@gibsondunn.com 

GIBSON, DUNN & CRUTCHER LLP 

310 University Avenue 

Palo Alto, CA 94301 

Telephone: (650) 849-5300 

Deron R. Dacus 

ddacus@dacusfirm.com 

THE DACUS FIRM, P.C. 

821 ESE Loop 323, Suite 430 

Tyler, Texas 75701 

Phone: (903) 705-1117 

Case 2:23-cv-00352-JRG-RSP Document 28 Filed 10/09/23 Page 2 of 3 PageID #: 503
CERTIFICATE OF SERVICE 

I hereby certify that on October 9, 2023, I caused the foregoing to be electronically filed 

with the Clerk of the Court using CM/ECF, which will send notification of such filing to all 

registered participants. 

/s/ Katherine Q. Dominguez 

Katherine Q. Dominguez 

Case 2:23-cv-00352-JRG-RSP Document 28 Filed 10/09/23 Page 3 of 3 PageID #: 504
Hozay ROYAL, petitioner, v. Gurbir GREWAL, Attorney General of New Jersey, et al.

No. 18-9413.

Supreme Court of the United States

June 24, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.
```
  
 
MSCI EAFE MINI INDEX - NYSE LIFFE                                    Code-244041
OPTION AND FUTURES COMBINED POSITIONS AS OF 06/14/11          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:       46,300
COMMITMENTS
       0      424      413   42,916   42,582   43,329   43,419    2,971    2,881

CHANGES FROM 06/07/11 (CHANGE IN OPEN INTEREST:          .)
       .        .        .        .        .        .        .        .        .

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
     0.0      0.9      0.9     92.7     92.0     93.6     93.8      6.4      6.2

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       44)
       0        1        1       38       32       39       34
 
 
MSCI EMERGING MKTS MINI INDEX - NYSE LIFFE                           Code-244042
OPTION AND FUTURES COMBINED POSITIONS AS OF 06/14/11          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:       42,040
COMMITMENTS
   1,304      757    1,507   37,498   37,738   40,309   40,002    1,731    2,038

CHANGES FROM 06/07/11 (CHANGE IN OPEN INTEREST:          .)
       .        .        .        .        .        .        .        .        .

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
     3.1      1.8      3.6     89.2     89.8     95.9     95.2      4.1      4.8

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       42)
       4        3        3       25       25       32       30
```

----

Updated Jun 17, 2011
EX-10.6



 Exhibit 10.6 
 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT 
 THIS FIRST AMENDMENT TO
EMPLOYMENT AGREEMENT, dated as of April 20, 2012, is made by and between TransDigm Group Incorporated, a Delaware corporation (the “Company”), and Albert Rodriguez (the “Executive”). 

WHEREAS, the parties are parties to an Employment Agreement dated February 24, 2011 (the “Employment Agreement”);

 WHEREAS, the parties realized that there was a mutual mistake in the definition of “Good Reason” contained in the
Employment Agreement; and 
 WHEREAS, the parties would like to amend the Employment Agreement as set forth herein to correct
such mistake. 
 NOW, THEREFORE, in consideration of the foregoing and of the respective covenants and agreements set forth
below, the parties hereto agree as follows: 
 Paragraph (o) of Section 1 of the Employment Agreement is hereby
deleted in its entirety and replaced with the following: 
 “Good Reason” shall mean the occurrence of any of
the following: (i) a material diminution in the Executive’s title, duties or responsibilities, without his prior written consent, or (ii) a reduction of the Executive’s aggregate cash compensation (including bonus opportunities),
benefits or perquisites, without his prior written consent, (iii) the Company requires the Executive, without his prior written consent, to be based at any office or location that requires a relocation greater than 30 miles from Waco, Texas, or
(iv) any material breach of this Agreement by the Company. 
 Except as amended herein, the Employment Agreement shall
remain in full force and effect. 
 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first
above written. 
  

			
	TRANSDIGM GROUP INCORPORATED
		
	 By:
	 	/s/ W. Nicholas Howley
		 	  

	 Name:
	 	W. Nicholas Howley
	 Title:
	 	Chief Executive Officer
	
	 EXECUTIVE

	
	 /s/ Albert Rodriguez

	 Albert Rodriguez
Jinae RASKO, petitioner, v. NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES.

No. 18-624.

Supreme Court of the United States

Jan. 7, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.