alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 24, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-41121

Summary Calendar

 

JOHNNY MARQUEZ DE LA PLATA, II,

Plaintiff-Appellant,

versus

TIMOTHY J. REVELL, Physician; M. AMIR, Physician;

DANIEL GIDEON, Physician; MICHAEL KELLY, MD,

Director of Preventive Medicine; JEAN LOUIS, Doctor;

CLARENCE MOSELY, Senior Warden; FRANKIE RESCANO,

Assistant Warden; ROCHELLE MCKINNEY, RN/Medical

Assistant; UNIDENTIFIED PARTY, Stiles Unit Dietician;

LYNN ALLEN, Grievance Supervisor,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:01-CV-538-HC-WCR

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

Before REAVLEY, JOLLY and OWEN, Circuit Judges.

PER CURIAM:*

Johnny Marquez De La Plata, II, appeals the summary judgment

in favor of the defendants in his 42 U.S.C. § 1983 complaint. In

his complaint, De La Plata alleged that he received delayed or

inadequate treatment for his hepatitis C. 
No. 04-41121

-2-

De La Plata has failed to show a genuine issue for trial

with regard to his claim that the defendants were deliberately

indifferent to his serious medical needs. See Farmer v. Brennan,

511 U.S. 825, 847 (1994). The summary-judgment evidence showed

that De La Plata received medical care for his hepatitis C and

any delay in being tested for hepatitis C and/or receiving

treatment for his condition could be no more than negligence,

which would not rise to the level of a constitutional violation. 

See Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir. 1991). His

disagreement with his medical treatment also does not establish a

constitutional violation. Id. The judgment of the district

court is affirmed. 

AFFIRMED.
##### 



EXHIBIT 23.1 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM The Board of Directors
QLogic Corporation: We consent to the incorporation by reference in the registration statements on Form S-8 (Nos.
33-75814, 333-13137, 333-66407, 333-42880, 333-55058, 333-70112 and 333-112572) of QLogic
Corporation of our reports dated June 9, 2005 related to the consolidated balance sheets of QLogic
Corporation and subsidiaries as of April 3, 2005 and March 28, 2004, and the related consolidated
statements of income, stockholders equity and comprehensive income, and cash flows for each of the
years in the three-year period ended April 3, 2005, and the related financial statement schedule,
managements assessment of the effectiveness of internal control over financial reporting as of
April 3, 2005, and the effectiveness of internal control over financial reporting as of April 3,
2005, which reports appear in the April 3, 2005, annual report on Form 10-K of QLogic Corporation. /s/ KPMG LLP Costa Mesa, California
June 9, 2005
EXHIBIT 32.2

                            SECTION 906 CERTIFICATION

<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

         In  connection  with the  Quarterly  Report  of  Environmental  Service
Professionals, Inc. (the "Company") on Form 10-Q for the period ending September
30, 2009 (the "Report") I, Edward Torres,  Acting Chief Financial Officer of the
Company,  certify,  pursuant  to 18 USC  Section  1350,  as adopted  pursuant to
Section 906 of the  Sarbanes-Oxley Act of 2002, that to the best of my knowledge
and belief:

         (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 23, 2009


/s/ Edward Torres
---------------------------------------------
Edward Torres, Acting Chief Financial Officer

         This  certification  accompanies  the Report pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002 and shall not, except to the extent required by
the  Sarbanes-Oxley  Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
**Exhibit 31.2**

 

**CERTIFICATIONS**

 

I, John R. Murphy,certify that:

 

1. I have reviewed thisannual report on Form 10-K/A of Smurfit-Stone Container Corporation;

 

2. Based on my knowledge,this report does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report; and

 

3. Based on my knowledge,the financial statements, and other financial information included in thisreport, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, theperiods presented in this report.

 

 
| Date: June 12, 2009 |   | /s/ John R. Murphy                                 |
|--------------------------|--------|----------------------------------------------------|
|                     |   | John R. Murphy                                     |
|                     |   | Senior Vice President  and Chief Financial Officer |

 

----
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-7789
SCOTT ANTHONY BRADSHAW, Petitioner - Appellant, versus UNITED STATES OF AMERICA, Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-95-257-A) Submitted: January 11, 1996 Decided: January 25, 1996 Before RUSSELL, HALL, and WILKINSON, Circuit Judges. Affirmed by unpublished per curiam opinion. Scott Anthony Bradshaw, Appellant Pro Se. Richard Parker, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying relief on his 28 U.S.C. § 2241 (1988) petition. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Bradshaw v. United States , No. CA-95-257-A (E.D. Va. Oct. 5, 1995). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
Fernando Ramirez NORIA, Petitioner, v. UNITED STATES.

No. 19-7802.

Supreme Court of the United States.

March 30, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
David Alan WESTERFIELD, Petitioner, v. CALIFORNIA

No. 19-5122

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the Supreme Court of California denied.
Jamal BOWENS, Petitioner, v. UNITED STATES.

No. 19-6757.

Supreme Court of the United States.

March 30, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
```
 
 
VIX FUTURES - CBOE FUTURES EXCHANGE                                  Code-1170E1
OPTION AND FUTURES COMBINED POSITIONS AS OF 10/08/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
($1000 X INDEX)                                      OPEN INTEREST:      376,488
COMMITMENTS
  85,269  157,519   86,101  180,082  104,515  351,452  348,135   25,036   28,353

CHANGES FROM 10/01/13 (CHANGE IN OPEN INTEREST:     20,269)
    -143   -9,835    9,771    9,986   18,562   19,614   18,498      655    1,771

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    22.6     41.8     22.9     47.8     27.8     93.4     92.5      6.6      7.5

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      170)
      59       58       77       37       37      140      139
```

----

Updated October 28, 2013
Lamar James CRUMP, Petitioner, v. Tracy BELTZ, Warden.

No. 19-7505.

Supreme Court of the United States.

March 30, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
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  EarthShell  Corporation (the "Company")
on Form  10-Q  for the  quarter  ended  September  30,  2005 as  filed  with the
Securities and Exchange  Commission on the date hereof (the  "Report"),  each of
the  undersigned,  in the capacities and on the dates  indicated  below,  hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his 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 operation of the Company.

DATED NOVEMBER 14, 2005


By: /s/ Vincent J. Truant
    -----------------------
    Vincent J. Truant
    Chief Executive Officer


By: /s/ D. Scott Houston
    -----------------------
    D. Scott Houston
    Chief Financial Officer
d1279436_ex4-58.htm




 


 


Exhibit 4.58


 


 







 


 


ADDENDUM No 1


 


to


 


Management Agreement dated [                                   ]

as amended by the Addendum dated [                                   ]

(the "Management Agreement")


 


Between


[                                   ]


of [                                   ]


(as Owner)


 


And


 


Aliseas Marine S.A.


of Liberia,


(as Manager)


 


In respect of the management of the vessel [                                   ] (the "Vessel")


 


It is this, 1st day of June 2011, mutually agreed between the Owner and the Manager that:


 


-the per day remuneration (the "Management Fee") which is paid by the Owner to the Manager as per Clause 8.03 of the Management Agreement, currently amounting to €620 (Euros Six Hundred and Twenty), has been adjusted in accordance with the official Eurozone inflation rate for a period of 1 year, commencing on June 1, 2011 and ending on May 31st 2012. Thereafter the Management Fee shall be adjusted annually in accordance with the official Eurozone inflation rate with effect as of June 1, 2012.


 


All other fees, terms, conditions and provisions of the Management Agreement remain unaltered and in full force and effect.


 


IN WITNESS WHEREOF the parties have signed this Addendum No 1 this 1st day of June, 2011.








	
FOR THE OWNER

	  	
FOR THE MANAGER
<PAGE>

                                                                    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 filing of Brightpoint, Inc.'s (the "Company") Annual
Report on Form 10-K for the period ending December 31, 2004 (the "Report"), I,
Robert J. Laikin, the Chairman of the Board and 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:

      (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 J. Laikin
                               -------------------------------------------------
                               Robert J. Laikin
                               Chairman of the Board and Chief Executive Officer

Date: February 1, 2005
Armando Duarte ISLAS, Jr., Petitioner v. Charles L. RYAN, Director, Arizona Department of Corrections, et al.

No. 19-5051

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Mark ELLIOTT, petitioner, v. Carmen Denise PALMER, Warden.

No. 18-5453.

Supreme Court of the United States

Oct. 9, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

QJ TEAM, LLC, ET AL.

v.

TEXAS ASSOCIATION OF 

REALTORS, INC., ET AL. 

§

§

§

§

§

§

CIVIL NO. 4:23-CV-1013-SDJ

JULIE MARTIN, ET AL.

v.

TEXAS ASSOCIATION OF 

REALTORS, INC., ET AL. 

§

§

§

§

§

§

CIVIL NO. 4:23-CV-1104-SDJ

ORDER

Before the Court is Keller Williams Realty, Inc. (“Keller Williams”), and Heyl 

Group Holdings LLC, The Loken Group, Inc., Hexagon Group, LLC, DMTX, LLC, 

Keller Willis San Antonio, Inc., San Antonio Legacy Group, LLC, and DJSMM, LLC’s 

(collectively, the “Released Keller Williams Defendants”) Unopposed Motion to Stay 

Proceedings as to Keller Williams and Affiliated Entities (the “Motion”). Upon 

consideration of the Motion, the Court finds that the Motion should be GRANTED. 

It is therefore ORDERED that the above-captioned cases are STAYED

against Keller Williams and the Released Keller Williams Defendants until further 

order. Any rulings or judgments that might occur in this case while proceedings are 

stayed as to Keller Williams and the Released Keller Williams Defendants will not 

bind the QJ Team Plaintiffs, the Martin Plaintiffs, Keller Williams, or the Released 

Keller Williams Defendants (collectively, the “Parties”), and the Parties will not argue 

claim or issue preclusion arising from such rulings or judgments. If, for any reason, 

Case 4:23-cv-01013-SDJ Document 202 Filed 03/22/24 Page 1 of 2 PageID #: 734
2

final approval pursuant to Federal Rule of Civil Procedure 23 of a settlement 

resolving Plaintiffs’ claims is not granted and the Parties are otherwise unable to 

resolve these actions, proceedings in these cases will recommence as to Keller 

Williams and the Released Keller Williams Defendants from the stage at which they 

were stayed.

Case 4:23-cv-01013-SDJ Document 202 Filed 03/22/24 Page 2 of 2 PageID #: 735
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Ana Maria Lara v. Jose Sanchez

Appellate case number: 01-18-00025-CV

Trial court case number: 2016-19246

Trial court: 61st District Court of Harris County

Appellant, Ana Maria Lara, has filed a notice of interlocutory appeal of the trial 

court’s “Order Appointing Receiver for Cardenas Auto Sales.” On March 1, 2018, we 

granted the parties’ joint motion to abate the appeal pending arbitration regarding “the 

threshold issue in this matter” and abated the appeal. Lara and appellee, Jose Sanchez, 

have filed “Second Joint Status Report Regarding Arbitration Proceeding” in which they 

ask that the “appeal remain abated until June 29, 2018.”

Accordingly, the parties shall file, no later than Friday, June 29, 2018, a motion 

to reinstate and dismiss or otherwise dispose of the appeal, a motion to reinstate and 

proceed with the appeal, or a report advising the Court of the status of the arbitration

proceedings. If the parties do not respond as directed, the case may be reinstated on the 

Court’s active docket and the appeal may proceed under the applicable Texas Rules of 

Appellate Procedure.

The appeal remains abated, treated as a closed case, and removed from this 

Court’s active docket.

It is so ORDERED.

Judge’s signature: /s/ Russell Lloyd

 Acting individually  Acting for the Court

Date: _May 17, 2018_
UAET (02-2008)

Unopposed Application for Extension of Time to Answer Complaint

Attach this form to the Application for Extension of Time to Answer Complaint event.

CASE AND DEADLINE INFORMATION

Civil Action No.:

Name of party requesting extension:

Is this the first application for extension of time in this case? Yes

No

If no, please indicate which application this represents: Second

Third

Other ___________

Date of Service of Summons:

Number of days requested: 30 days

15 days

Other _____ days

New Deadline Date: (Required)

ATTORNEY FILING APPLICATION INFORMATION

Full Name:

State Bar No.:

Firm Name:

Address:

Phone:

Fax:

Email:

A certificate of conference does not need to be filed with this unopposed application.

Case 2:23-cv-00610-JRG Document 5 Filed 02/20/24 Page 1 of 1 PageID #: 106
Robert DALEY, Petitioner v. UNITED STATES.

No. 19-5287

Supreme Court of the United States.

October 7, 2019

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

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS AND CONDENSED CONSOLIDATED
BALANCE SHEETS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<CIK> 0000918904
<NAME> THE SELMER COMPANY, INC
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUL-03-1999
<CASH>                                            3003
<SECURITIES>                                         0
<RECEIVABLES>                                    78099
<ALLOWANCES>                                      7059
<INVENTORY>                                      95173
<CURRENT-ASSETS>                                177823
<PP&E>                                          113020
<DEPRECIATION>                                   26291
<TOTAL-ASSETS>                                  314136
<CURRENT-LIABILITIES>                            52992
<BONDS>                                         146547
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      103034
<TOTAL-LIABILITY-AND-EQUITY>                    314136
<SALES>                                         157717
<TOTAL-REVENUES>                                157717
<CGS>                                           106052
<TOTAL-COSTS>                                    25835
<OTHER-EXPENSES>                                  2734
<LOSS-PROVISION>                                   100
<INTEREST-EXPENSE>                                6324
<INCOME-PRETAX>                                  16672
<INCOME-TAX>                                      6839
<INCOME-CONTINUING>                               9833
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      9833
<EPS-BASIC>                                    9833.00
<EPS-DILUTED>                                  9833.00


</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2001
<PERIOD-START>                             JUL-01-2000
<PERIOD-END>                               SEP-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                         249,977
<SECURITIES>                                   295,085
<RECEIVABLES>                                7,923,446
<ALLOWANCES>                                   102,100
<INVENTORY>                                  1,748,711
<CURRENT-ASSETS>                            21,347,059
<PP&E>                                       9,843,156
<DEPRECIATION>                               2,237,984
<TOTAL-ASSETS>                              37,545,924
<CURRENT-LIABILITIES>                        7,952,217
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,475
<OTHER-SE>                                   9,165,695
<TOTAL-LIABILITY-AND-EQUITY>                37,545,924
<SALES>                                      8,275,865
<TOTAL-REVENUES>                             8,275,865
<CGS>                                        6,471,661
<TOTAL-COSTS>                                6,471,661
<OTHER-EXPENSES>                             1,826,692
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             427,691
<INCOME-PRETAX>                              (450,179)
<INCOME-TAX>                                 (157,320)
<INCOME-CONTINUING>                          (292,859)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (292,859)
<EPS-BASIC>                                     (0.12)
<EPS-DILUTED>                                   (0.12)


</TABLE>
```
 
 
CRUDE OIL, LIGHT SWEET - ICE FUTURES EUROPE                          Code-067411
FUTURES ONLY POSITIONS AS OF 07/09/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 1,000 BARRELS)                         OPEN INTEREST:      583,616
COMMITMENTS
  96,461   28,725  166,079  304,281  365,963  566,821  560,767   16,795   22,849

CHANGES FROM 07/02/13 (CHANGE IN OPEN INTEREST:     31,581)
   7,125   -3,267   14,925   10,063   19,313   32,113   30,971     -532      610

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    16.5      4.9     28.5     52.1     62.7     97.1     96.1      2.9      3.9

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      149)
      42       34       59       65       65      135      133
```

----

Updated July 13, 2013
UNITED STATES, EX REL. Laurence SCHNEIDER, Petitioner, v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, et al.

No. 19-678.

Supreme Court of the United States.

April 6, 2020

Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Kavanaugh took no part in the consideration or decision of this petition.