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

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

| (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                registrant. |

| Dated:  August                3, 2007 |   |                                                                     |
|-------------------------------------------------|--------|--------------------------------------------------------------------------|
|                                            | By:    | /s/                Dennis Highby                                         |
|                                            |   | Dennis                Highby                                             |
|                                            |   | President                and Chief Executive Officer                     |
|                                            |   |                                                                     |
|                                            |   |                                                                     |
|                                            |   |                                                                     |
|                                            | By:    | /s/                Ralph W. Castner                                      |
|                                            |   | Ralph                W. Castner                                          |
|                                            |   | Vice                President and Chief Financial                Officer |

Back      to Form 10-Q
United States District Court

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

JAIME REBORN,

Plaintiff,

v. 

UNIVERSITY OF NORTH TEXAS,

Defendant.

§

§

§

§

§

§

§

§

§

CIVIL ACTION NO. 4:23-CV-00613-ALMAGD

MEMORANDUM ADOPTING THE REPORT AND 

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Came on for consideration the Report and Recommendation (“Report”) of the United 

States Magistrate Judge in this action, this matter having been heretofore referred to theMagistrate 

Judge pursuant to 28 U.S.C. § 636. On August 30, 2024, the Magistrate Judge entered a Report 

(Dkt. #31) recommending that Defendant’s Third Motion to Dismiss (Dkt. #29) be 

granted, and Plaintiff's disability discrimination claim be dismissed with prejudice. On 

September 12, 2024, Defendant filed objections to the Report (Dkt. #33). 

Accordingly, having received the Report of the Magistrate Judge, Defendant’s 

objections (Dkt. #33), and having conducted a de novo review, the Court is of the opinion that 

the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate 

Judge’s Report as the findings and conclusions of the Court. 

It is therefore ORDERED that Plaintiff’s disability discrimination claim is DISMISSED 

WITH PREJUDICE. Plaintiff's failure to accommodate claim remains pending. All relief not 

previously granted is DENIED. 

IT IS SO ORDERED. 

Case 4:23-cv-00613-ALM-AGD Document 34 Filed 09/23/24 Page 1 of 2 PageID #: 201
Case 4:23-cv-00613-ALM-AGD Document 34 Filed 09/23/24 Page 2 of 2 PageID #: 202
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

ANALYTICAL TECHNOLOGIES, LLC,

 Plaintiff,

 v.

ZAXBY’S FRANCHISING LLC

 Defendant

Civil Action No. 2:24-cv-00056-JRG-RSP

JURY TRIAL DEMANDED

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR PLAINTIFF

TO RESPOND TO DEFENDANT’S MOTION TO DISMISS 

Plaintiff Analytical Technologies (“Plaintiff”) respectfully submits this Motion for a 14-day 

Extension of Time to Respond to Zaxby’s Franchising LLC’s (“Zaxby’s”) Motion to Dismiss, filed at 

Docket 12. 

Plaintiff’s Response is currently due April 29, 2024. 

Good cause exists for Plaintiff to extend these deadlines given that Randall Garteiser was just 

added as lead counsel last week, and previous counsel intends to withdraw. Mr. Garteiser thus needs time 

to be brought up to speed on the case. The present request is not offered for the purpose of delay or 

advantage.

Counsel for Plaintiff has conferred with counsel for Defendant, and both have agreed to extend the 

deadline for Plaintiff to respond to the Motion to May 13, 2024. That extended, the Joint Letter regarding 

35 U.S.C. § 101 will be extended similarly to May 9, 2024.

Case 2:24-cv-00056-JRG-RSP Document 16 Filed 04/29/24 Page 1 of 2 PageID #: 106
Dated: April 29, 2024 Respectfully Submitted,

/s/ Randall Garteiser

Randall Garteiser

 Texas Bar No. 24038912

 rgarteiser@ghiplaw.com

GARTEISER HONEA, PLLC

119 W. Ferguson Street

Tyler, Texas 75702

Telephone: (903) 705-7420

COUNSEL FOR PLAINTIFF

CERTIFICATE OF CONFERENCE

The undersigned attorney represents and confirms that a conference was conducted with opposing 

counsel prior to filing this Motion, and counsel indicated its agreement with the relief requested herein.

/s/ Randall Garteiser

Randall Garteiser

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above document has been 

served to all counsel of record who are deemed to have consented to electronic service via the Court’s 

CM/ECF system on April 29, 2024.

/s/ Randall Garteiser

Randall Garteiser

Case 2:24-cv-00056-JRG-RSP Document 16 Filed 04/29/24 Page 2 of 2 PageID #: 107
No. 6:23-cv-00343

Randy K. Daniels,

Plaintiff,

v.

Tyler Police Department et al.,

Defendants.

ORDER

On July 10, 2023, plaintiff Randy K. Daniels, proceeding pro se, 

filed this civil rights lawsuit (Doc. 1) pursuant to 42 U.S.C. § 1983. 

The case was referred to United States Magistrate Judge K. Nicole 

Mitchell pursuant to 28 U.S.C. § 636(b).

On July 14, 2023, the magistrate judge instructed plaintiff to, 

within 30 days, either pay the $402 filing fee or submit an in forma 

pauperis application with a current six-month history of his inmate 

trust fund account or institutional equivalent. Doc. 3. Plaintiff submitted a motion for leave to proceed in forma pauperis; but he did not 

include a current six-month history of his inmate trust fund account 

or institutional equivalent. Doc. 6. Plaintiff asserted that “Administration refused to provide such information.” Doc. 6 at 2.

On August 17, 2023, the magistrate judge construed plaintiff’s 

motion for leave to proceed in forma pauperis as a request for an extension of time to submit his current six-month history of his inmate 

trust fund account or institutional equivalent. Doc. 7. The magistrate 

judge further stated that the court regularly receives in forma pauperis data sheetsfrom Smith County Jail inmates and that jail inmates 

request such information through the jail’s kiosk system. The magistrate judge instructed plaintiff to submit a compliant application by

September 18, 2023. Doc. 7. No such application was received.

On October 23, 2023, the magistrate judge issued a report recommending that plaintiff’s case be dismissed without prejudice for 

Case 6:23-cv-00343-JCB-KNM Document 13 Filed 12/20/23 Page 1 of 2 PageID #: 39
- 2 -

want of prosecution and failure to obey an order. Doc. 11. No objections have been filed.

When no party objects to the magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass 

v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996) (en 

banc). Having reviewed the magistrate judge’s report and being satisfied that it contains no clear error, the court accepts the findings 

and conclusions of the report. Accordingly, the complaint is dismissed without prejudice for failure to prosecute and for failure to 

comply with a court order. 

So ordered by the court on December 20, 2023.

J. CAMPBELL BARKER

United States District Judge

Case 6:23-cv-00343-JCB-KNM Document 13 Filed 12/20/23 Page 2 of 2 PageID #: 40
Exhibit 10.5


 


JOINDER TO REGISTRATION RIGHTS AGREEMENT


 


This JOINDER (this
“Joinder”) is made this 8th day of May 2012 by Cole A. Sirucek (the “Joining Party”) pursuant
to that certain Registration Rights Agreement (the “Agreement”) dated May 12, 2011 among Global Eagle Acquisition
Corp., a Delaware corporation (the “Company”), Global Eagle Acquisition LLC, a Delaware limited liability company
(the “Sponsor”), and the other individuals party thereto. Capitalized terms used herein but not otherwise defined
herein shall have the meanings ascribed to them in the Agreement.


 


WITNESSETH:


 


WHEREAS, pursuant
to Section 5.2 of the Agreement, other persons or entities may become a party to the Agreement upon execution of a certificate
of joinder to the Agreement; and


 


WHEREAS, concurrently
with the execution and delivery of this Joinder, the Joining Party shall become a party to the Agreement and a Holder thereunder.


 


NOW, THEREFORE,
in consideration of the agreements and obligations set forth herein and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:


 


1.       The Joining
Party acknowledges and agrees that by execution and delivery of this Joinder, the Joining Party becomes a party to the
Agreement and a Holder thereunder, subject to the terms, conditions, restrictions, representations, warranties, obligations,
agreements and covenants set forth therein. The Joining Party hereby acknowledges that the Joining Party has received a copy
of the Agreement.


 


2.       Notwithstanding
the place where this Joinder may be executed by the undersigned, the Joining Party expressly agrees that this Joinder shall be
governed by and construed under the laws of the State of Delaware as applied to agreements among Delaware residents entered into
and to be performed entirely within Delaware, without regard to the conflict of law provisions of such jurisdiction.


 


3.       If any provision
herein, or the application thereof to any circumstance of this Joinder, is held to be unenforceable, invalid or illegal by any
court, arbitration tribunal, government agency or regulatory body of competent jurisdiction, such provision shall be deemed deleted
from this Joinder or not applicable to such circumstance, as the case may be, and the enforceability, validity and legality of
the other provisions of this Joinder shall not be affected or impaired thereby.


 


[Signature Page Follows]


 



    	 



    	 



    

 


IN WITNESS WHEREOF,
the undersigned has entered into this Joinder as of the date first above stated.


  


	JOINING PARTY:	 /s/ Cole A. Sirucek	 
	 	Name: Cole A. Sirucek	 





 


[JOINDER
TO REGISTRATION RIGHTS AGREEMENT]
Steven B. TURNER, Petitioner, v. Mike KEMNA.

No. 19-7868.

Supreme Court of the United States.

April 20, 2020

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

<ARTICLE>                     5
<MULTIPLIER>                                    1,000
<CURRENCY>                               U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<EXCHANGE-RATE>                                  1.000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                    7,957
<ALLOWANCES>                                       273
<INVENTORY>                                          0
<CURRENT-ASSETS>                                11,677
<PP&E>                                         179,106
<DEPRECIATION>                                  36,197
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                           19,462
<BONDS>                                        117,967
<PREFERRED-MANDATORY>                          118,165
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (101,008)
<TOTAL-LIABILITY-AND-EQUITY>                   154,586
<SALES>                                              0
<TOTAL-REVENUES>                                 9,397
<CGS>                                                0
<TOTAL-COSTS>                                    5,215
<OTHER-EXPENSES>                                   440
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,571
<INCOME-PRETAX>                                  1,171
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              1,171
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,171 
<EPS-PRIMARY>                                      .10
<EPS-DILUTED>                                      .10
        

</TABLE>
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2194 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 2194

              To suspend temporarily the duty on Butralin.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 1999

 Mrs. Myrick introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
              To suspend temporarily the duty on Butralin.

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

SECTION 1. 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:
      

``    9902.38.00    [N-sec-butyl-4-   Free              Free              No change         On or before 12/
                     tert-butyl-2,6-                                                         31/2002          ''
                     dinitroaniline]                                                                           .
                     (CAS No. 33629-
                     47-9) (provided
                     for in
                     subheading
                     3808.30.15) and
                     any mixtures
                     containing same

    (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>
```
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 accompanying
Annual Report of Modern City Entertainment, Inc.. (the “Company”) on Form 10-Q
for the quarter ending March 31, 2008, as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), I, William Erfurth President and
Director of the Company, certify, pursuant to 18 U.S.C.Section 1350,as adopted pursuant toSection 906of the Sarbanes-Oxley Act of 2002, to
the best of my knowledge, 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 fully presents, in all material respects, the financial condition and
results of operations of the Company.


Date:
      October
      8, 2008
                By:
                /s/ William
      ErfurthWilliam
      ErfurthPresident
      and Director
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 DA VI D V ASQU EZ - CRUZ, 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. 08- 71307 A ge nc yN o. A 079- 544- 229 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 S e pt e m be r13, 2010 ** B e f o r e : S I L V E R M A N , C A L L A H A N , an dN .R . S M I T H , C ir c u it Ju d g e s . D a vi d V a s que z - C ruz , ana t i ve and c i t i z e n of M e xi c o, pe t i t i ons pr o s e f or r e v ie w o f

th e B o ar do f

I m m ig r a tio n A p p e a ls ’ ( “B I A ” ) o r d e rd e n y in g h is m o tio n to r e o p e n r e m o v a l p r o c e e d in g s . O u rju r is d ic tio n is g o v e rn e db y8 U .S .C . § 1 2 5 2 . W e r e v ie w f o rab u s e o f

d is c r e tio n th e d e n ia l o f am o tio n to r e o p e n . I

tu rr i b a rr i a v . I

NS , 

# FI LED SEP 24 2010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS08- 71307 2 321 F . 3d 889, 894 ( 9th C i r . 2003) . W e de nyi n partand di s m i s s i n partthe pe t i t i on f o rr e v i e w. T h e B I A d idn o t ab u s e its d is c r e tio n in d e n y in g V a s qu e z - C ru z ’s m o tio n to r e o p e n b e c au s e th e B I A c o n s id e r e dth e e v id e n c e s ub m itte dan da c te dw ith in its b r o a dd is c r e tio n in d e te rm in in g V a s qu e z - C ru z d idn o t s h o w p r im af a c ie e lig ib ility f o rr e lie f u n d e rth e C o n v e n tio n A g a in s t T o rtu r e . Se e I N S v . A budu , 485 U . S . 94, 104- 05 ( 1988) ( the B I A m ayde nyam ot i on t o r e ope n f orf a i l ur e t o e s t abl i s h a p r im af a c ie c a s e f

o rth e u n d e r ly in g r e lie f

s o u g h t) ; Si n gh v . I

NS , 295 F . 3d 1037, 1 0 3 9 ( 9 th C ir . 2 0 0 2 ) ( th e B I A ’s d e n ia l o f am o tio n to r e o p e n s h a ll b e r e v e r s e dif it i s “ arbi trary , i rr at i on al , or contraryt o l aw ”) . W e lac kju risd icti o n to re v iew V as qu ez -C ru z’s c h allen g e to th e B IA ’s O c to b e r2 9 , 2 0 0 7 , o r d e rd e n y in g h is ap p lic a tio n f o rc an c e lla tio n o f

r e m o v a l, b e c au s e th is p e titio n f

o rr e v ie w is n o t tim e lya s to th a t o r d e r . Se e Si n gh v . I NS , 315 F .3 d1 1 8 6 , 1 1 8 8 ( 9 th C ir . 2 0 0 3 ) . P E T IT IO N F O R R E V IE W D E N IE D i n p art; D IS M IS S E D i n p art.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

LUFKIN DIVISION

DANNY A. HILLMAN §

VS. § CIVIL ACTION NO. 9:24-cv-21

MICHELLE HILLMAN, ET AL. §

REPORT AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Danny A. Hillman, an inmate confined at the Wainwright Unit of the Texas

Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, brought the

above-styled lawsuit. 

The above-styled action was referred to the undersigned magistrate judge pursuant to 28

U.S.C. § 636 and the Local Rules for the Assignment of Duties to the United States Magistrate Judge

for findings of fact, conclusions of law, and recommendations for the disposition of the case.

Discussion

On January 31, 2024, Plaintiff was ordered to submit either the full filing fee, $405.00, or

an Application to Proceed In Forma Pauperis and a statement certified by an authorized prison

official showing the average balance in and deposits into Plaintiff’s inmate trust account for the

preceding six months. Plaintiff’s compliance was due on or before the expiration of twenty (20) days

from the date of the order. 

Federal Rule of Civil Procedure 41(b) authorizes the district court to dismiss an action for

failure to prosecute or for failure to comply with any court order. Larson v. Scott, 157 F.3d 1030,

1031 (5th Cir. 1998). “This authority [under Rule 41(b)] flows from the court’s inherent power to

control its docket and prevent undue delays in the disposition of pending cases.” Boudwin v.

Graystone Ins. Co., Ltd., 756 F.2d 399, 401 (5th Cir. 1985) (citing Link v. Wabash, R.R. Co., 370

U.S. 626, 629 (1962)). 

Case 9:24-cv-00021-MAC-ZJH Document 7 Filed 04/10/24 Page 1 of 2 PageID #: 88
As of this date, Plaintiff has failed to either pay the filing fee or submit an Application to

Proceed In Forma Pauperis as ordered. Accordingly, Plaintiff has failed to diligently prosecute this

case. Therefore, this action should be dismissed without prejudice pursuant to FED.R.CIV.P. 41(b).

Recommendation

This action should be dismissed without prejudice pursuant to FED. R. CIV. P. 41(b).

Objections

Within fourteen days after being served with a copy of the magistrate judge’s report, any

party may serve and file written objections to the findings of facts, conclusions of law and

recommendations of the magistrate judge. 28 U.S.C. § 636 (b)(1)(C).

Failure to file written objections to the proposed findings of facts, conclusions of law and

recommendations contained within this report within fourteen days after service shall bar an

aggrieved party from the entitlement of de novo review by the district court of the proposed findings,

conclusions and recommendations and from appellate review of factual findings and legal

conclusions accepted by the district court except on grounds of plain error. Douglass v. United

Servs. Auto. Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996) (en banc); 28 U.S.C. § 636(b)(1); FED. R.

CIV. P. 72.

_________________________

Zack Hawthorn

United States Magistrate Judge SIGNED this 10th day of April, 2024.

Case 9:24-cv-00021-MAC-ZJH Document 7 Filed 04/10/24 Page 2 of 2 PageID #: 89