alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-4292

___________ Jack R. Hammack; Shirley O. * Hammack, * * Plaintiffs - Appellees, * Appeal from the United States * District Court for the v. * Western District of Missouri. * Cadiz Land Company, Inc., * [UNPUBLISHED] * Defendant - Appellant. *

___________ Submitted: June 18, 1998 Filed: June 26, 1998

___________ Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges.

___________ PER CURIAM. Jack R. and Shirley O. Hammack filed the instant diversity action against Cadiz Land Co mpany, Inc. (Cadiz), and numerous others, asserting state law claims fo r co mmon law fraud and negligent misrepresentation in connection with the sale an d management of certain property the Hammacks purchased from Cadiz & s corporat e predecessor. Cadiz moved for summary judgment, asserting, among other things, that the action was barred by two settle ment agreements the Hammacks had executed with-2-

Cadiz & s predecessor. The Hammacks later moved under Federal Rule of Civi l Procedure 41(a)(2) to voluntarily dismiss Cadiz with prejudice; Cadiz, in turn, movedThe H ONORABLE ORTRIE D. SMITH, United States District Judge for the 1 Western District of Missouri. -3- for an award of attorney & s fees and non-taxable costs, asserting that it was entitled to a fee award under the prior settlement agreements. The district court granted th e 1 Hammacks & motion to dismiss Cadiz with prejudice; denied Cadiz & s motions fo r attorn ey & s fees, non-taxable costs, and sanctions; and denied Cadiz’s summary judgmen t motion as moot. Cadiz appeals that portion of the court & s order denying its request for fees and costs.
I n a diversity case, we follow state law regarding the award of attorney & s fees, absent c onflict with a federal statute or court rule. See Lamb Eng & g & Constr. Co. v. Nebraska Pu b. Power Dist. , 103 F.3d 1422, 1434 (8th Cir. 1997). Missouri la w permits an award of attorney & s fees that is authorized by contract. See Skyles v. Burge , 830 S.W.2d 497, 499 (Mo. App. 1992) (describing bases under Missouri law fo r recove ry of attorney & s fees). However, we have carefully examined the relevan t provisions of the settlement agreements and agree with the district court that they do not authorize an award of attorney & s fees to Cadiz a s a result of the voluntary dismissal of the Hammacks’ claims with prejudice. Accordingly, we affirm. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Fairly W. EARLS, Petitioner, v. Susan NOVAK, Warden.

No. 19-7283

Supreme Court of the United States.

Feb. 24, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.
# Fourth Court of Appeals **San Antonio, Texas** MEMORANDUM OPINION
N o. 04

- 11

- 00304

- CV Bradley L. CROFT , Appellant

v. AMS SA MANAGEMENT, L LC , dba Association Management Services, Appellee From the 285th Judicial District Court, Bexar County, Texas Tri al Court No. 2009

- CI

- 15857 Honorable Peter A. Sakai, Judge Presiding
PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: September 9, 2015
APPEAL DISMISSED This is an appeal of a trial court’s order imposing sanctions against Bradley Croft. By order dated January 7, 2013, this appeal was abated based on an automatic stay arising from a bankruptcy petition filed by Croft. On August 5, 2015, appellee AMS SA Management, LLC d/b/a Association Management Services filed a motion to dismiss this appeal, asserting it had purchased all of Croft’s rights in this appeal. Attached to the appellee’s motion wa s a bankruptcy order approving the sale of Croft’s rights in this appeal to “Clifton L. Lowry, on behalf of Lowry Creditors,” not to AMS SA Management, LLC.04

- 11

- 00304

- CV

- 2

- Because the bankruptcy court’s order conveyed Croft’s appellate rights, Croft’s appeal wa s no lo nger subject to the bankruptcy court’s automatic stay. Therefore, o n August 10, 2015, this court issued an order reinstating this appeal on the docket of this court. In that same order, however, we ordered that appellee AMS SA Management, LLC’s motion to dismiss be held in abeyance to allow AMS SA Management, LLC the opportunity to provide this court with proof that it purchased all of Croft’s rights in this appeal and to show it has authority to move to dismiss Croft’s appeal. On August 20, 2015, Clifton L. Lowry filed a Motion for Substitution of Party and to Dismiss Appeal. Attached to th e motion is the bankruptcy trustee’s Report of Sale of Personal Property to Clifton L. Lowry. We grant the motion. Clifton L. Lowry is substituted for Bradley Croft a s appellant in this appeal. T EX
. R. A PP
. P. 7.1(b). The appeal is dismissed. T EX
. R. A PP
. P. 42.1( A ).

PER CURIAM
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION 

WILMINGTON SAVINGS FUND 

SOCIETY, FSB, AS TRUSTEE FOR THE 

SALUDA GRADE ALTERNATIVE 

TITLE TRUST 2021-MF1, 

 Plaintiff, 

v. 

SABINE PORTFOLIO, LLC and 

ABRAHAM WIEDER, 

 Defendants. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

CIVIL ACTION NO. 1:23-CV-339-MJT 

ORDER ADOPTING 

THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION [DKT. 31] 

Plaintiff Wilmington Savings Fund Society, FSB, as Trustee for the Saluda Grade 

Alternative Title Trust 2021-MF1, brought this suit against Defendants Sabine Portfolio, LLC and 

Abraham Wieder seeking the unpaid balance of a promissory note, plus interest, damages, 

attorney’s fees, and courts costs. [Dkt. 1]. The District Court referred Plaintiff’s Amended Third 

Motion for Default Judgment [Dkts. 22, 23, 30] to the Honorable Christine L. Stetson, United 

States Magistrate Judge, for consideration and disposition. On August 21, 2024, the Magistrate 

Judge entered a Report and Recommendation [Dkt. 31] in which she recommended granting 

Plaintiff’s Amended Third Motion for Default Judgment [Dkt. 30], denying Plaintiff’s Third 

Motion for Default Judgment [Dkt. 22] as moot, and entering Final Judgment. To date, the parties 

have not filed objections to the report. 

The Court received and considered the Report and Recommendation of the United States 

Magistrate Judge pursuant to such referral, along with the record, pleadings, and all available 

Case 1:23-cv-00339-MJT Document 32 Filed 09/11/24 Page 1 of 2 PageID #: 571
2 

evidence. After careful review, the Court finds that the findings of fact and conclusions of law of 

the United States Magistrate Judge are correct. 

Accordingly, the Report and Recommendation of the United States Magistrate Judge [Dkt. 

31] is ADOPTED. Plaintiff’s Amended Third Motion for Default Judgment [Dkt. 30] is 

GRANTED. Plaintiff’s Third Motion for Default Judgment [Dkt. 22] is DENIED as moot. A 

Final Judgment will be entered by the Court. 

____________________________

Michael J. Truncale

United States District Judge SIGNED this 11th day of September, 2024.

Case 1:23-cv-00339-MJT Document 32 Filed 09/11/24 Page 2 of 2 PageID #: 572
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<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET OF THE MAXIM GROUP, INC. AND SUBSIDIARIES AS OF JULY
31, 1997 AND THE RELATED CONSOLIDATED STATEMENTS OF INCOME AND CASH FLOWS FOR
THE PERIOD ENDED JULY 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
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<CASH>                                           4,925
<SECURITIES>                                         0
<RECEIVABLES>                                   56,865
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[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Presidential Documents]
[Page 32077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11601]




                        Presidential Documents 



Federal Register / Vol. 87 , No. 103 / Friday, May 27, 2022 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 32077]]

                Proclamation 10402 of May 24, 2022

                
Honoring the Victims of the Tragedy in Uvalde, 
                Texas

                By the President of the United States of America

                A Proclamation

                As a mark of respect for the victims of the senseless 
                acts of violence perpetrated on May 24, 2022, by a 
                gunman at Robb Elementary School in Uvalde, Texas, by 
                the authority vested in me as President of the United 
                States by the Constitution and the laws of the United 
                States of America, I hereby order that the flag of the 
                United States shall be flown at half-staff at the White 
                House and upon all public buildings and grounds, at all 
                military posts and naval stations, and on all naval 
                vessels of the Federal Government in the District of 
                Columbia and throughout the United States and its 
                Territories and possessions until sunset, May 28, 2022. 
                I also direct that the flag shall be flown at half-
                staff for the same length of time at all United States 
                embassies, legations, consular offices, and other 
                facilities abroad, including all military facilities 
                and naval vessels and stations.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-fourth day of May, in the year of our Lord two 
                thousand twenty-two, and of the Independence of the 
                United States of America the two hundred and forty-
                sixth.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

[FR Doc. 2022-11601
Filed 5-26-22; 8:45 am]
Billing code 3395-F2-P
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 The Castle Group, Inc. (the Registrant) on Form 10KSB/A for the period ending December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I , Rick Wall, CEO and Chairman of the Board of Directors and acting CFO, certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  (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 result of operations of the Registrant.  Date:October 28, 2008By:/s/ Rick WallRick WallChief Executive Officer and Chairman of the Board of Directors and acting CFO
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HOME DEPOT U.S.A., INC., petitioner, v. George W. JACKSON.

No. 17-1471.

Supreme Court of the United States

Sept. 27, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Should this Court's holding in *Shamrock Oil & Gas Corp. v. Sheets,*313 U.S. 100, 61 S.Ct. 868, 85 L.Ed. 1214 (1941) -that an original plaintiff may not remove a counterclaim against it-extend to third-party counterclaim defendants?
Brian TUTTLE, petitioner, v. ALLIED NEVADA GOLD CORP., et al.

No. 18-5548.

Supreme Court of the United States

Nov. 13, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.
SANDEE BRYAN MARION

CHIEF JUSTICE

KAREN ANGELINI

MARIALYN BARNARD

REBECA C. MARTINEZ

PATRICIA 0. ALVAREZ

LUZ ELENA D, CHAPA

JASON PULLIAM

JUSTICES

COURT OF APPEALS

FOURTH COURT OF APPEALS DISTRICT

CADENA-REEVES JUSTICE CENTER

300 DOLOROSA. SUITE 3200

SAN ANTONIO, TEXAS 78205-3037

WWW.TXCOURTS.GOV/4THCOA.ASPX

KEITH E. HOTTLE

CLERK OF COURT

TELEPHONE

(210)335-2635

FACSIMILE NO.

(210)335-2762

July 12,2016

Shannon K. Dunn

Law Office ofBeth Watkins

926 Chulie Drive

San Antonio, TX 78216

Lowell Frank Denton

Denton Navarro Rocha Bernal Hyde &

Zech PC

2517 N. Main Ave.

San Antonio, TX 78212-4685

Clarissa Rodriguez

2517 N. Main Ave.

San Antonio, TX 78212-4685

Elizabeth Guerrero-Southard

Denton, Navarro, Rocha & Bernal

2517 N. Main Ave.

San Antonio, TX 78212-4685

RE: Court ofAppeals Number: 04-16-00278-CV

Trial Court Case Number: 15-02-30780-MCV

Style: City of Eagle Pass

V.

Dulce Milagro Hernandez, Individually and as Next Friend of

Adalberto Hernandez

Enclosed please find tlie order which the Honorable Court of Appeals has

issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me.

cc: Beth Watkins

Rey Perez

Joseph Casseb

Very truly yours,

KEITH E. HOTTLE, CLERK

Jacqueline S. Fennell

Legal Assistant,

Fourth Court of Appeals

210-335-3854
Jfaurtlj Court of Sppealsi

^an Antonio, tlDexas

July 12, 2016

No. 04-16-00278-CV

CITY OF EAGLE PASS,

Appellant-s

V.

Dulce Milagro HERNANDEZ, Individually and as Next Friend of Adalberto Hernandez,

Appellee-s

From the 293rd Judicial District Court, Maverick County, Texas

Trial Court No. I5-02-30780-MCV

Honorable Cynthia L. Muniz, Judge Presiding

ORDER

In this court's order ofJune 1, 2016, appellate deadlines in this case were suspended until

July 18, 2016 and the parlies were ordered to mediation with Joseph Casseb. On July 11,2016,

the parties filed a Joint Motion requesting to Extend the Time for Court ordered Mediation and to

file Appellant's brief. The parties' motion is GRANTED.

Appellate deadlines in this case are hereby suspended until August 22,2016.

It is so ORDERED on July 12, 2016.

rd, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 12th day ofJuly, 2016.

22 f ^

" i •0« 1

'^umwww^

Keim E. Hottle

Clerk ofCourt
The HONORABLE MICHAEL J. DAVIS, Uni ted States District Judge for the * District of Minnesota, sitting by designation. United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-3158

___________ Susan Phillips, * * Plaintiff - Appellant, * * v. * Appeal from the United States * District Court for the Metropolitan Zoological Park & * Eastern District of Missouri. Museum District, doing business as * the St. Louis Zoo, * [UNPUBLISHED] * Defendant - Appellee. *

___________ Submitted: February 13, 1998 Filed: April 8, 1998

___________ Before LOKEN and HANSEN, Circuit Judges, and DAVIS, District Judge. *

___________ PER CURIAM. Susan Phillips was terminated from her employment at the St. Louis Zoo in May 1994. She sued the Metropolitan Z oological Park & Museum District in state court in September 1994, asserting claims of breach of contract and intentional infliction o f emotional distress because the District refused to reinstate her to a prior position. TheThe HONORABLE CAROL E. JACKSON, United States District Judge for the 1 Eastern District of Missouri. -2- state court dismissed her first amended petition with prejudice in February 1996 , grant ingPhillips twenty days to amend. Instead, Phillips commenced this action i n April 1996, alleging sex and race discrimination in violation of Title VII, 42 U.S.C

. § 19 81, and the Missouri Human Rights Act because Phillips, a white female, wa s replaced by a les s qualified African-American male. The district court dismissed the 1 action as barred by the doctrine of res judicata as developed under Missouri law

. Phillips appeals. After careful review of the record and consideration of the parties’ conte ntions on appeal, we affirm for the reasons stated in the district court’ s Memorandum and Order dated June 20, 1997. See 8th Cir. Rule 47B. A true copy.
Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
UN PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19

- 1575

JENNIFER MARITZA IRAHETA FRANCO

,

Petitioner

,

v.

WILLIAM P. BARR, Attorney General

,
Respondent

.

On Petition for Review of a n Order of the Board of Immigration Appeals

.

Submitted : February 20, 2020 Decided: March 4, 2020

Before MOTZ and AGEE , Circuit Judges , and TRAXLER, Senior Circuit Judge.

Petition denied by un published per curiam opinion

.

Abdoul A. Konare, KONARE LAW, Frederick, Maryland, for Appellant. Joseph H. Hunt, Assistant Attorney General, Anthony P. Nicastro, Assistant Director, S. Nicole Nardone, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JU STICE , Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:

Jennifer Maritza Iraheta Franco, a native and citizen of El Salvador, petitions for

review of an order of the Board of Immigration Appe als summarily affirming the

Immigration Judge’s decision denying her applications for asylum

, withholding of

removal , and protection under the Convention Against Torture

. We have reviewed

Franco’s claims

, the administrative record , and the final administr ative order of removal,

and conclude that the record evidence does not compel a ruling contrary to any of the

agency’s factual findings, see 8 U.S.C. § 1252(b)(4)(B) (2018), and that substantial

evidence supports the agency ’s decision, see INS v. Elias

- Zac arias, 502 U.S. 478, 481

(1992).

Accordingly, we deny the petition for review for the reasons s tated by the agency

.

See In re Franco (B.I.A. Apr. 30 , 2019). We deny the Attorney General’s motion for

summary disposition as moot and dispense with oral a rgument because the facts and legal

contentions are adequately presented in the materials before this court and argument would

not aid the decisional process.

PETITION DENIED