alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered December 14, 2015

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 15
- 01493
- CV MICHAEL GAY COOK, Appellant

V. CAROLINE D. COOK, Appellee On Appeal from the County Court at Law Rockwall County, Texas Trial Court Cause No. CI15
- 070



### O RDER Appellant has filed a motion to reduce supersedeas bond. Although the clerk’s record has been filed in this appeal, the record does not contain a copy of the order setting the amount of the bond

. Accordingly, pursuant to Texas Rule o f Appellate Procedure 34.5(c)(1), we ORDER Shelli Miller, Rockwall County Clerk, to file, no later than December 28, 2015 , a supplemental clerk’s record containing a copy of that order or written verification such order cannot be
located. See T EX
. R. A PP
. P. 34.5( c). We further ORDER Deborah K. Hamon, Official Court Reporter of Rockwall County Court at Law No. 1, to file, no later than December 28, 2015, the reporter’s record of the hearing setting the supersedeas bond. The Court will take no action on ap pellant’s motion until the requested re c ords are filed.
/s/ CRAIG STODDART JUSTICE
1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

AUDRIANA KATHRYN MORSE,

Plaintiff,

vs. 

COMMISSIONER OF SOCIAL SECURITY 

ADMINISTRATION,

Defendant.

No. 1:23-CV-204

JUDGE MICHAEL J. TRUNCALE

ORDER ADOPTING REPORT AND RECOMMENDATION AND

GRANTING APPLICATION FOR ATTORNEY’S FEES

Before the Court is the Plaintiff’s Application for Attorney Fees under the Equal Access to 

Justice Act, 28 U.S.C. § 2412. [Dkt. 11.] The Commissioner did not file a response, and

Plaintiff’s certificate of conference stated that she is unopposed. Judge Stetson recommended that 

the Court grant the Plaintiff’s application, and neither party filed objections to her Report and 

Recommendation. It is therefore

ORDERED that the Report and Recommendation Regarding Attorney Fees is ADOPTED. 

It is further 

ORDERED that the Plaintiff’s application for attorney’s fees [dkt. 11] is GRANTED and 

the Commissioner of Social Security shall pay Audriana Kathryn Morse, in care of her attorney, 

David F. Chermol, an attorney fee in the amount of $1,485.00 and court costs of $402.00. This 

amount includes fees and compensation for 6.6 hours of service at $125.00 per hour, plus an 

adjustment for increased costs of living consistent with the Consumer Price Index for the relevant 

time periods. The court directs that the award be mailed to Audriana Kathryn Morse, in care of her

attorney, David F. Chermol, at his office address, Chermol & Fishman LLC, 11450 Bustleton 

Avenue, Philadelphia, PA 19116. It is further

Case 1:23-cv-00204-MJT-CLS Document 13 Filed 12/05/23 Page 1 of 2 PageID #: 1392
2

ORDERED that this award is subject to any beneficial, contractual and/or assignmentbased interests held by the Plaintiff’s attorney. If successful at the administrative level, the 

Plaintiff is granted an extension of sixty days from receipt of the Notice of Award from the Social 

Security Administration to file a motion for attorney’s fees under 42 U.S.C. § 406(b).

____________________________

Michael J. Truncale

United States District Judge SIGNED this 5th day of December, 2023.

Case 1:23-cv-00204-MJT-CLS Document 13 Filed 12/05/23 Page 2 of 2 PageID #: 1393
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER TO F ILE B RIEF

Appellate case name: John Furnace, Jr. v. The State of Texas

Appellate case number: 01

- 11

- 00481

- CR

Trial court case number: 63237

Trial court: 412th Judicial District Court of Brazoria County

O n October 11, 2012

, we ordered that appellant file a brief within 30 days

. See T EX

. R.

A PP

. P. 37.3(c) , 38.6. Appellant did not respond. On December 5, 2012 , we notified appellant

, through his retained counsel, Abraham Fisch, that a brief had not been filed

, and we required a

res ponse within 10 days. See T EX

. R. A PP

. P. 38.8(b)(2). A gain, a ppellant did not respond.

On January 15, 2013, we abate d the appeal and r emand ed the case to the trial court for a hearing , as required by Rule of Appellate Procedure 38.8(b), to determine whether appellant still wished to prosecute the appeal , whether Counsel Fisch had abandoned the appeal by failing to

file a brief , and whether appellant is indigent and sho uld have counsel appointed. See id.

On January 31 , 2013, the trial court filed a supplemental record containing its findings.

We order the appeal reinstated

.
The trial court’s order indicates that it was unable to make the findings we requested because, although noticed to appe ar
, neither Counsel Fisch nor appellant appeared at the hearing.

It is ORDERED that a ppellant’s counsel, Abraham Fisch, file in this Court

, no later

than March 19 , 2013

, a brief on appellant’s behalf that complies with Rule of Appellate

Procedure 38.1

. See T EX

. R. A PP

. P. 38.1. N o motions for extension of time will be entertained absent extraordinary circumstances

. If Abraham Fisch does not file a brief as ordered , we will issue an or der directing the trial court to issue notice and service of citation against Abraham Fisch, commanding him to appear before it and to show cause why he should not be held in contempt.

Judge’s signature: /s/ Jane Bland

 Acting individually  Acting for the Court

Date: February 28, 2013
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

In connection with the Quarterly Report on Form 10-Q of Trimeris, Inc. (the Company) for
the quarterly period ended March 31, 2007 as filed with Securities and Exchange Commission on the date hereof (the Report), I, Robert R. Bonczek, Chief Financial Officer of 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 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.



|                        |  | 
|----------------------- |  | 
|/s/ Robert R. Bonczek   |  | 
|Robert R. Bonczek       |  | 
|Chief Financial Officer |  | 

May 10, 2007

The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not being filed as part of the Report or as a separate disclosure document.

A signed original of this written statement required by § 906 has been provided to the Company and will be retained by the Company and furnished to
the Securities and Exchange Commission or its staff upon request.
Proof of Delivery

Dear Customer,

This notice serves as proof of delivery for the shipment listed below.

Please print for your records as photo and details are only available for a limited time.

Sincerely,

UPS

Tracking results provided by UPS: 05/30/2023 2:43 P.M. EST

Tracking Number

1Z9V0R083594058861

Weight

1.00 LBS

Service

UPS 2nd Day Air®

Shipped / Billed On

05/24/2023

Additional Information

Signature Required

FORT WORTH, TX, US

Delivered On

05/30/2023 11:30 A.M.

Delivered To

Received By

OFFICE

Left At

Office

Case 4:23-cv-00194-ALM Document 42-11 Filed 08/24/23 Page 1 of 1 PageID #: 373
Jack R. KOCH, petitioner, v. Adam ESTRELLA, et al.

No. 18-586.

Supreme Court of the United States

Jan. 7, 2019.

Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, Division One denied.
Exhibit 32.1

CERTIFICATION

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

AS ADOPTED PURSUANT TO

SECTION 906
OF SARBANES-OXLEY ACT OF 2002

This Certificate is being filed pursuant to 18 U.S.C. Section 1350, as adopted by Section 906
of the Sarbanes-Oxley Act of 2002. This Certification is included solely for the purposes of complying with the provisions of Section 906 of the Sarbanes-Oxley Act and is not intended to be used for any other purpose. In connection with the
accompanying Annual Report on Form 10-K of Nexxus Lighting, Inc. for the year ending December 31, 2008, the undersigned hereby certifies in his capacity as an officer of Nexxus Lighting, Inc. that to such officers knowledge:

1. such Annual Report on Form 10-K of Nexxus Lighting, Inc. for the year ending December 31, 2008, 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 Annual Report on Form 10-K of
Nexxus Lighting, Inc. for the year ending December 31, 2008, fairly presents, in all material respects, the financial condition and results of operations of Nexxus Lighting, Inc.



|               |  |  |  |  |  |                       |  |                                      
|-------------- |  |  |  |  |  | --------------------- |  | -------------------------------------
|               |  |  |  |  |  | NEXXUS LIGHTING, INC.
|               |  |  | 
|March 26, 2009 |  |  |  |  |  | /s/ Michael A. Bauer 
|               |  |  |  |  |  |                       |  | Michael A. Bauer                     
|               |  |  |  |  |  |                       |  | President and Chief Executive Officer
|               |  |  |  |  |  |                       |  | (Principal Executive Officer)        
|               |  |  |  | 
|               |  |  |  | 
|               |  |  |  |  |  |                       |  | /s/ Gary R. Langford                 
|               |  |  |  |  |  |                       |  | Gary R. Langford                     
|               |  |  |  |  |  |                       |  | Chief Financial Officer              
|               |  |  |  |  |  |                       |  | (Principal Financial Officer)
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

In connection with the Quarterly Report on Form 10-Q of Trimeris, Inc. (the Company) for the quarterly period ended
June 30, 2010 as filed with Securities and Exchange Commission on the date hereof (the Report), I, Andrew L. Graham, Chief Financial Officer of 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 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.



|                                                                    
|--------------------------------------------------------------------
|/s/ ANDREW L. GRAHAM                                                
|Andrew L. Graham                                                    
|Chief Financial Officer and Secretary (Principal Accounting Officer)

August 12, 2010

The
foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not being filed as part of the Report or as a separate disclosure document.

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



31
Andrew K. BONNER, Jr., petitioner, v. CUMBERLAND REGIONAL HIGH SCHOOL DISTRICT.

No. 17-8956.

Supreme Court of the United States

Dec. 10, 2018.

Petition for rehearing denied.
Tracey SMITH, petitioner, v. FOOD BANK OF EASTERN MICHIGAN.

No. 18M53.

Supreme Court of the United States

Oct. 15, 2018.

Motion to direct the Clerk to file a petition for writ of certiorari out of time denied.
On appeal Schulz raises over twenty issues; however, we

choose to discuss only three: (1) whether Schulz owns the beach area that abuts his property on Lake Tahoe; (2) whether the assessment of Schulz's property is just and equitable; and (3) whether NRS 321.595 is unconstitutional and whether its application amounts to a taking of Schulz's property interest without just compensation.

"In reviewing orders resolving petitions for judicial review that challenge State Board decisions," this court presumes that the State Board's determinations are valid. 

### State Bd. of Equalization v. Bakst, 122 Nev. 1403, 1408, 148 P.3d 717, 721 (2006). The taxpayer can overcome this presumption only by presenting clear and satisfactory evidence that the State Board's valuation was based on a fundamentally wrong principle, the Board refused to exercise its best judgment, or that the assessment was so excessive it implies fraud and bad faith. 

### Id. at 1409, 148 P.3d at 721.

After full consideration, we determine that all of Schulz's arguments lack merit. In 

### Schulz v. Zephyr Cove Property Owners Association, Inc., Docket No. 18344, we determined that Schulz's did not own the beach area abutting his property; 

### see also Schulz Partners, LLC v. Zephyr Cove Property Owners Association Inc. Docket No. 55006 consolidated with Docket No. 55557 (Order of Affirmance, July 5, 2011), therefore, issue preclusion bars Schulz from re-litigating the matter. 

### See Five Star Capital Corp. v. Ruby, 124 Nev. 1048, 1055, 194 P.3d 709, 713 (2008). Douglas County's and the Douglas County Assessor's assessment of Schulz's property was just and equitable because the assessor used an appropriate method under NRS 361.227 to determine the property's value. NRS 321.595 is constitutional under the public trust doctrine.

SUPREME COURT

OF NEVADA

(0) 1947A 

### e, 2See Lawrence v. Clark Cnty., 127 Nev. „ 254 P.3d 606, 612 (2011).

Lastly, Schulz could not have suffered a taking because it did not have a property interest in the land it claims that the state took. See McCarran Int'l Airport v. Sisolak, 122 Nev. 645, 658, 137 P.3d 1110, 1119 (2006).

Accordingly, we ORDER the judgment of the district court AFFIRMED.

, Hardesty



### >LAI Inca Douglas 

# CIAPA1 )
1 

# ,/ Cherry , J.

J.

cc: Hon. James Todd Russell, District Judge Harry W. Swainston Douglas County District Attorney/Minden Attorney General/Carson City Carson City Clerk

SUPREME COURT

OF NEVADA 3 PI 1947A cep
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2123 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 2123

   To amend title XVIII of the Social Security Act to provide for a 
special rule for long existing home health agencies with partial fiscal 
year 1994 cost reports in calculating the per beneficiary limits under 
             the interim payment system for such agencies.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 1999

Mr. Baldacci (for himself and Mr. Allen) 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 provide for a 
special rule for long existing home health agencies with partial fiscal 
year 1994 cost reports in calculating the per beneficiary limits under 
             the interim payment system for such agencies.

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

SECTION 1. SPECIAL RULE FOR LONG EXISTING HOME HEALTH AGENCIES WITH 
              PARTIAL FISCAL YEAR 1994 COST REPORTS.

    (a) In General.--Section 1861(v)(1)(L) of the Social Security Act 
(42 U.S.C. 1395x(v)(1)(L)) is amended by adding at the end the 
following:
    ``(x)(I) If requested by an applicable agency, the limitation under 
clause (v) shall be determined for such agency by substituting in 
subclause (I) of that clause `the reasonable costs (including 
nonroutine medical supplies) for the agency's cost report for the most 
recent partial cost reporting period ending in fiscal year 1994' for 
`the reasonable costs (including nonroutine medical supplies) for the 
agency's 12-month cost reporting period ending during fiscal year 
1994'.
    ``(II) In this clause, the term `applicable agency' means an agency 
that--
            ``(aa) was in existence prior to fiscal year 1980;
            ``(bb) had an active medicare provider number prior to such 
        date; and
            ``(cc) had less than a 12-month cost reporting period 
        ending in fiscal year 1994 because such agency changed the end 
        date of its cost reporting period during fiscal year 1994.
    ``(III) The limitation determined for an applicable agency pursuant 
to this clause shall be excluded from any calculation under this 
subparagraph of--
            ``(aa) a standardized regional average of costs; or
            ``(bb) a national median of limits.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of the Balanced Budget Act 
of 1997.
                                 <all>
```
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________ 

)

)

)

)

)

)

)

)

)

)

)

)

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the court.

CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Eastern District of Texas

6/12/23

Case 2:23-cv-00273-JRG Document 3 Filed 06/12/23 Page 1 of 2 PageID #: 129
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) . I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual) , who is

 designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):

. My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Case 2:23-cv-00273-JRG Document 3 Filed 06/12/23 Page 2 of 2 PageID #: 130
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF CMI INDUSTRIES, INC. FOR THE THREE MONTHS ENDED APRIL 4,
1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-02-1999
<PERIOD-START>                             JAN-03-1998
<PERIOD-END>                               APR-04-1998
<CASH>                                           2,633
<SECURITIES>                                         0
<RECEIVABLES>                                   55,641
<ALLOWANCES>                                     1,550
<INVENTORY>                                     61,568
<CURRENT-ASSETS>                               119,638
<PP&E>                                         248,829
<DEPRECIATION>                                (147,514)
<TOTAL-ASSETS>                                 230,046
<CURRENT-LIABILITIES>                           43,143
<BONDS>                                        128,907
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,695
<OTHER-SE>                                      40,156
<TOTAL-LIABILITY-AND-EQUITY>                   230,046
<SALES>                                        109,045
<TOTAL-REVENUES>                               109,482
<CGS>                                           92,825
<TOTAL-COSTS>                                  101,669
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,231
<INCOME-PRETAX>                                  4,582
<INCOME-TAX>                                     1,775
<INCOME-CONTINUING>                              2,807
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,807
<EPS-PRIMARY>                                    1.656
<EPS-DILUTED>                                    1.656
        

</TABLE>