alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T J OS E AN T ON I O S OR I A B AR R I GA , P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 09- 73871 A ge nc yN o. A 097- 867- 722 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d June 15, 2011 ** B efo re: C A N B Y , O ’ S C A N N L A IN , an dF IS H E R , C i rcu i tJu d g es. J os e A nt oni o S or i aB arr i ga , ana t i ve and c i t i z e n of M e xi c o, pe t i t i ons f

or re vi ew of the B oard of Im m i grat i on A pp ea l s’ order di sm i ss i ng hi s app ea l fr om an i m m i gr a t i on j udge ’ s de ni a l of hi s appl i c a t i on f

orc anc e l l a t i on of

r e m ova l . O ur j u r i s d i c t i o n i s g o v e rn e db y8 U. S . C . § 1 2 5 2 . We r e v i e w d e n o v o qu e s t i o n s o f l aw, 

# FI LED JU N 22 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS09- 73871 2 in c lu d in g c la im s o f

du e p r o c e s s v io la tio n s . V a s q u ez - Za v a la v . A s h c r o ft , 324 F . 3d 1105, 1107 ( 9th C i r . 2003) . W e di s m i s s i n partand de nyi n partthe pe t i t i on f or r e v i e w. W e l ac k j uri sdi ct i on t o revi ew the agency’ s di sc re t i on ary det erm i nat i on that S o r iaB arr ig ad idn o t d e m o n s tr a te “e x c e p tio n a l an de x tr e m e lyu n u s u a l h ar d s h ip ” to a qual i fy i ng re l at i ve. See M art i nez-R osas v. G on zales , 42 4 F . 3d 92 6, 93 0 (9th C i r. 2 0 0 5 ) . B e c au s e th e h ar d s h ip is s u e is d is p o s itiv e , se e 8 U . S . C . § 1 22 9b (b)( 1)(D ), w e do n otre ac h S ori a B arri ga’ s c on t ent i on s r egar di ng hi s c on t i nu ou s physi ca l pres ence . S ori a B arri ga’ s e qu alprot ec t i on cont ent i on re gardi ng the ri gh t s of hi s U ni t ed S t at es ci t i ze n chi l dren i s notcol orabl e. Se e U rb a n o de M

a la lu a n v . I

NS , 577 F . 2d 5 8 9 , 5 9 4 ( 9 th C ir . 1 9 7 8 ) . S o r iaB arr ig a ’s du e p r o c e s s c la im s ar e n o t p e r s u a s iv e . P E T IT IO N F O R R E V IE W D IS M IS S E D i n p art; D E N IE D i n p art .
Exhibit 32.2

CFO CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.Sec. 1350, as adopted),
Thomas P. Cawley, Chief Financial Officer of Peets Coffee & Tea, Inc. (the Company) hereby certifies that, to the best of his knowledge:

1. The Companys annual report on Form 10-K for the period ended December 28, 2008, to which this Certification is attached as Exhibit 32.2 (the Annual Report) fully complies with the requirements of section 13(a) or
section 15(d) of the Securities Exchange Act of 1934, as amended, and

2. The information contained in the Annual Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

IN WITNESS WHEREOF, the undersigned has set his hand hereto as of the 12th day
of March, 2009.



|                                        
|----------------------------------------
|/s/    THOMAS P.
CAWLEY                 
|Thomas P. Cawley Chief Financial Officer

This certification accompanies the Form 10-K to which it relates, is not deemed filed with the Securities and
Exchange Commission and is not to be incorporated by reference into any filing of Peets Coffee & Tea, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the
date of the Form 10-K), irrespective of any general incorporation language contained in such filing.
Donald J. TRUMP, President of the United States, et al., applicants, v. EAST BAY SANCTUARY COVENANT, et al.

No. 18A615.

Supreme Court of the United States

Dec. 21, 2018.

Application for stay addressed to Justice KAGAN and by her referred to the Court denied.

Justice THOMAS, Justice ALITO, Justice GORSUCH, and Justice KAVANAUGH would grant the application for stay.
Jaime ENRIQUEZ-HERNANDEZ, aka Jaime Enriques-Hernandez, Petitioner, v. UNITED STATES.

No. 19-5869

Supreme Court of the United States.

Feb. 24, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

MEDLIANT INC.,

 Plaintiff, 

v. 

KATRINA PONCE DE LEON, 

 Defendant. 

)

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 1:23–cv–00203–MAC

PLAINTIFF’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ITS 

SUR-REPLY IN FURTHER OPPOSITION TO THE MOTION TO DISMISS

The plaintiff, Medliant Inc. (“Medliant”), moves for an extension of time to file its surreply in further opposition to the motion to dismiss filed by the defendant, Katrina Ponce de 

Leon (“Defendant”). Medliant requests that its deadline to file its sur-reply be extended from 

October 17, 2023, to October 20, 2023. 

1. On September 11, 2023, Ponce de Leon moved to dismiss Medliant’s complaint

on the grounds for forum non conveniens and for failure to state a claim. Doc. 8. 

2. Medliant responded to the motion on September 25, 2023. Doc. 10. 

3. With the Court’s permission for an extension to reply, Ponce de Leon filed her 

reply in further support of her motion on October 10, 2023. Doc. 13. 

4. Pursuant to Local Rule CV-7(f), Medliant’s sur-reply is due to be filed on October 

17, 2023. See Local Rule CV-7(f). 

5. Due to scheduling issues for counsel for Medliant, Medliant respectfully requests 

that this Court grant it an additional three (3) days to file its sur-reply. If granted, Medliant’s surreply will be due on or before October 20, 2023. 

Case 1:23-cv-00203-MAC Document 14 Filed 10/17/23 Page 1 of 3 PageID #: 1038
CERTIFICATE OF CONFERENCE

 Counsel for Medliant conferred with counsel for Ponce de Leon. Counsel for Ponce de 

Leon stated it was not opposed to the relief requested in this motion.

CONCLUSION

For the reasons set forth above, Medliant respectfully requests that the deadline to file its 

sur-reply in further support of its opposition to the motion to dismiss be extended to Friday, 

October 20, 2023. Pursuant to Local Rule CV-7(a), a proposed Order is attached. 

Respectfully submitted,

/s/ R. Brandon Bundren

R. Brandon Bundren

Texas Bar No. 24050353 

Bradley Arant Boult Cummings LLP

1600 Division Street, Suite 700

Nashville, Tennessee 37203

P: 615.252.4647 

F: 615.248.3047 

bbundren@bradley.com

Attorney for Medliant Inc.

Case 1:23-cv-00203-MAC Document 14 Filed 10/17/23 Page 2 of 3 PageID #: 1039
CERTIFICATE OF SERVICE

I certify that on October 17, 2023, I electronically filed a true and correct copy of the 

foregoing with the Clerk of Court for the U.S. District Court, Eastern District of Texas, through 

the Court’s Electronic Case Filing system, which will serve all counsel of record listed below: 

David H. Seligman (pro hac vice)

Email: david@towardsjustice.org

Rachel Williams Dempsey (pro hac vice)

Email: rachel@towardsjustice.org

Juno Turner (pro hac vice)

Email: juno@towardsjustice.org 

TOWARDS JUSTICE

Attorneys for Defendant

/s/ R. Brandon Bundren

R. Brandon Bundren

Case 1:23-cv-00203-MAC Document 14 Filed 10/17/23 Page 3 of 3 PageID #: 1040
Exhibit 99.3



Report of Independent Auditors

The Board of Control of
Indiantown Cogeneration, L.P.
We have audited the accompanying consolidated balance sheet of Indiantown Cogeneration, L.P. and subsidiary as of December 31, 2002 and the related consolidated statements of operations, changes in partners' capital and cash flows for the year then ended. These financial statements are the responsibility of the Partnership's management. Our responsibility is to express an opinion on these financial statements based on our audit. The accompanying consolidated balance sheet of Indiantown Cogeneration, L.P. and subsidiary for the year ended December 31, 2001 and the related consolidated statements of operations, changes in partners' capital and cash flows for each of the two years in the period ended December 31, 2001, were audited by other auditors who have ceased operations and whose report dated January 23, 2002, expressed an unqualified opinion on those statements and included an explanatory paragraph that disclosed the change in the Partnership's method of accounting for scheduled major overhauls discussed in Note 2 to the financial statements.
We conducted our audit in accordance with auditing standards generally accepted in the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion.
In our opinion, the 2002 financial statements referred to above present fairly, in all material respects, the consolidated financial position of Indiantown Cogeneration, L.P. and subsidiary at December 31, 2002, and the consolidated results of their operations and their cash flows for the year then ended, in conformity with accounting principles generally accepted in the United States./s/   Ernst & Young LLP
February 24, 2003
McLean, Virginia
Letter Agreement



 Exhibit 10.7 

 
 



 
 April 3, 2012 
 Mikel H. Williams 
 Dear Mikel: 
 If the sale of DDi Corp. (the “Company”) is consummated pursuant to that certain Agreement and Plan of Merger (the “Merger Agreement”) by and between the Company, Viasystems Group,
Inc., (“Parent”) and Victor Merger Sub Corp., a wholly-owned Subsidiary of Parent, dated as of April 3, 2012 (“the Merger”), the Company will, immediately prior to the Closing (as defined in the Merger Agreement), contribute
to a grantor trust, with terms substantially similar to the terms of the trust agreement attached as Exhibit B to Section 6.06(g) of the Company Disclosure Schedule (the “Trust”), the cash severance described in subsections (i),
(ii) and (iii) of Section 5(e) of your employment agreement with the Company dated April 7, 2008 (the “Employment Agreement”) that is payable to you if the Company terminates your employment without “cause” or
you terminate your employment for “good reason” as such terms are defined in the Employment Agreement (the “Severance Amount”). Upon the Company’s deposit of the Severance Amount in the Trust, the Company shall have no
further obligations to you in respect of the Severance Amount, other than your rights under Sections 16 and 17 of your Employment Agreement. 

The Severance Amount will be paid to you in accordance with Sections 5(e) (including your satisfaction of the release requirement) and 17 of the
Employment Agreement. Notwithstanding anything herein or otherwise to the contrary, the provisions of Sections 16 and 17 of your Employment Agreement shall apply to any payment you receive from Parent. 

Please sign the acknowledgement below and return to me. 
  

	
	Sincerely,
	
	/s/ Kurt E. Scheuerman
	
	Kurt E. Scheuerman
	Vice President & General Counsel
	
	Acknowledged and agreed to by:
	
	 /s/ Mikel H. Williams

	Mikel H. Williams
	
	Date: April 3, 2012
NUMBER 13-15-00391-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

THE STATE OF TEXAS, Appellant,

v.

CELESTINO VIVANCO, Appellee.

____________________________________________________________

On appeal from the 117th District Court

of Nueces County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Perkes

Memorandum Opinion Per Curiam

Appellant, the State of Texas, by and through its Criminal District Attorney, the 

Honorable Mark Skurka, has filed a motion for dismissal of its appeal pursuant to Rule 

42.2 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.2(a). No 

decision of this Court having been delivered to date, we grant the motion and dismiss the 
2

appeal. Having dismissed the appeal at appellant's request, no motion for rehearing will 

be entertained, and our mandate will issue forthwith.

PER CURIAM

Do not publish. 

See TEX. R. APP. P. 47.2(b). 

Delivered and filed the

22nd day of October, 2015.
IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS 

SHERMAN DIVISION

 

UNITED STATES OF AMERICA

v. 

JUAN GABRIEL OROZCOBARRAGAN (15)

§

§

§

§

§

§

CASE NUMBER 4:23-CR-00164

ORDER ADOPTING UNITED STATES MAGISTRATE JUDGE’S

REPORT AND FINDING DEFENDANT GUILTY

The Court referred this matter to the United States Magistrate Judge for administration of 

a guilty plea under Federal Rule of Criminal Procedure 11. The Magistrate Judge conducted a 

hearing in the form and manner prescribed by Rule 11 and issued Findings of Fact and 

Recommendation on Guilty Plea. The Magistrate Judge recommended that the Court accept 

Defendant’s guilty plea and adjudge Defendant guilty on Count One of the First Superseding 

Indictment.

The parties have not objected to the Magistrate Judge’s findings.

The Court hereby ADOPTS the Findings of Fact and Recommendation on Guilty Plea of 

the United States Magistrate Judge. The court also accepts Defendant’s plea but defers acceptance 

of the plea agreement until after review of the presentence report.

In accordance with Defendant’s guilty plea, the Court finds Defendant Juan Gabriel 

Orozco-Barragan GUILTY of Count One of the First Superseding Indictment, charging a violation 

of Title 21 U.S.C. § 846 - Conspiracy to Possess with the Intent to Manufacture and Distribute 

Methamphetamine.

Case 4:23-cr-00164-ALM-AGD Document 318 Filed 08/20/24 Page 1 of 2 PageID #: 863
Case 4:23-cr-00164-ALM-AGD Document 318 Filed 08/20/24 Page 2 of 2 PageID #: 864
Exhibit 99.1

     Certification Pursuant to Section 1350 of Chapter 63 of Title 18 of the
                               United States Code

I, K.J. Semikian, the Chief Executive Officer of Telesource International, Inc.
("Telesource"), certify that (i) the Form 10-K for the twelve months ended
December 31, 2002 (the "Form 10-K") fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the
information contained in the Form 10-K fairly presents, in all material
respects, the financial condition and results of operations of Telesource.


                                                        /s/ K.J. Semikian
                                                        ------------------------
                                                        K.J. Semikian Chief
                                                        Executive Officer
                                                        Telesource
                                                        International, Inc.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM COGENTRIX
ENERGY, INC.'S CONSOLIDATED FINANCIAL STATEMENTS FOR THE SIX MONTH PERIOD
ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997<F1>
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          99,575
<SECURITIES>                                    42,118
<RECEIVABLES>                                   49,781
<ALLOWANCES>                                         0
<INVENTORY>                                     15,210
<CURRENT-ASSETS>                               209,149
<PP&E>                                         684,816
<DEPRECIATION>                                 188,227
<TOTAL-ASSETS>                                 822,974
<CURRENT-LIABILITIES>                          106,615
<BONDS>                                        595,112
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           130
<OTHER-SE>                                      58,168
<TOTAL-LIABILITY-AND-EQUITY>                   822,974
<SALES>                                        167,531
<TOTAL-REVENUES>                               180,467
<CGS>                                          132,338
<TOTAL-COSTS>                                  132,338
<OTHER-EXPENSES>                                 2,273
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              25,680
<INCOME-PRETAX>                                 20,176
<INCOME-TAX>                                     7,971
<INCOME-CONTINUING>                             12,205
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 (1,502)
<CHANGES>                                            0
<NET-INCOME>                                    10,703
<EPS-PRIMARY>                                    37.95
<EPS-DILUTED>                                    37.95
<FN>
<F1>Effective January 1, 1998, the Company changed its fiscal year to commence on
January 1 and conclude on December 31 of each year. The Company's fiscal year
previously commenced each July 1, concluding on June 30 of the following
calendar year.
</FN>


</TABLE>
EXHIBIT (10)(B)



 EXHIBIT 10(b) 
 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 







 Consent of Independent Registered Public Accounting Firm 

We consent to the reference to our firm under the caption “Experts” in the Prospectus and to the use of our reports: (1) dated
March 29, 2012, with respect to the financial statements of Transamerica Advisors Life Insurance Company of New York, and (2) dated April 23, 2012, with respect to the financial statements of ML of New York Variable Annuity Separate
Account A in Post-Effective Amendment No. 11 to the Registration Statement (Form N-4, No. 333-119611) under the Securities Act of 1933, and the related Prospectus of Merrill Lynch Investor Choice Annuity (Investor Series). 

/s/ Ernst & Young LLP 
 Des Moines, Iowa 
 April 23, 2012
DISMISS; Opinion Filed July 15, 2013.

In The Court of Appeals Fifth District of Texas at Dallas

No. 05

- 13

- 00730

- CV

IN RE ARTY LOGISTICS & TRANSPORTATION, LL C , Relator
On Appeal from the 134th Judicial District Court

Dallas County, Texas Trial Court Cause No. 12

- 08112

MEMORANDUM OPINION Before Justices Moseley, Francis, and Fillmore Opinion by Justice Moseley Relator filed this mandamus proceeding after the trial court ordered it to p roduce certain
portions of its insurer’s claim file. On July 10, 2013, the parties notified the Court that they had
settled the underlying lawsuit and filed a motion to dismiss this original proceeding. We

GRANT the motion and DISMISS relator’s petition for writ of mandamus.

130730F.P05 /Jim Moseley/ JIM MOSELEY JUSTICE
Kevin Marquette BELLINGER, petitioner, v. UNITED STATES.

No. 18-6697.

Supreme Court of the United States

Jan. 7, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
Jazsmine Arielle JOSEPH, petitioner, v. UNITED STATES.

No. 18-6597.

Supreme Court of the United States

Dec. 10, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                           3,275
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         812,615
<DEPRECIATION>                                  57,575
<TOTAL-ASSETS>                                 784,874
<CURRENT-LIABILITIES>                                0
<BONDS>                                        149,791
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         42
<COMMON>                                           162
<OTHER-SE>                                     369,443
<TOTAL-LIABILITY-AND-EQUITY>                   784,874
<SALES>                                         25,899
<TOTAL-REVENUES>                                26,824
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                14,143
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,556
<INCOME-PRETAX>                                  7,125
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              7,125
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,125
<EPS-PRIMARY>                                      .29
<EPS-DILUTED>                                      .29
        

</TABLE>
Greg ANDERSON, petitioner, v. Gary HERBERT, et al.

No. 18-638.

Supreme Court of the United States

Jan. 14, 2019.

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