alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES NAVY–MARINE CORPS

COURT OF CRIMINAL APPEALS

_________________________

No. 201700107

_________________________

UNITED STATES OF AMERICA

Appellee

v.

DILLAN B. MEJIA

Seaman (E-3), U.S. Navy

Appellant

_________________________

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Captain Ann K. Minami, JAGC, USN.

Convening Authority: Commanding Officer, USS NIMITZ (CVN 68).

Staff Judge Advocate’s Recommendation: Lieutenant Commander 

James M. Kennedy, JAGC, USN.

For Appellant: Lieutenant Captain James Kresge, USMCR.

For Appellee: Brian K. Keller, Esq.

_________________________

Decided 31 July 2017

_________________________

Before CAMPBELL, LOCHNER, and SAYEGH, Appellate Military Judges

_________________________

After careful consideration of the record, submitted without assignment of 

error, we affirm the findings and sentence as approved by the convening 

authority. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c). 

The supplemental court-martial order shall reflect that the lesser 

included offense to which the appellant pled guilty in Specification 2 of 

Charge II was a violation of Article 80, Uniform Code of Military Justice, 10 

U.S.C. § 880.

For the Court

R.H. TROIDL

Clerk of Court
CVRR Q2 2014 Exhibit 10.1


Exhibit 10.1


SECOND AMENDMENT TO 
SERVICES AGREEMENT




THIS SECOND AMENDMENT TO SERVICES AGREEMENT (this "Amendment") is entered into as of June 27, 2014 by and between CVR Refining, LP, a Delaware limited partnership ("MLP"), CVR Refining GP, LLC, a Delaware limited liability company ("GP"), and CVR Energy, Inc., a Delaware corporation ("CVR", and collectively with MLP and GP, the "Parties" and each, a "Party").


RECITALS


The Parties entered into a Services Agreement effective as of December 31, 2012, as amended February 17, 2014 (the "Agreement"), pursuant to which CVR agreed to provide the Services to the Services Recipients.  The Parties desire to amend the Agreement in the manner set forth in this Amendment.


The parties agree as follows:


1.Capitalized Terms.  Capitalized terms used but not defined herein have the meanings assigned to them in the Agreement.


2.The definition of “Share-Based Compensation” contained in Section 1.01 of the Agreement is amended and restated to read as follows:


"Share-Based Compensation" means any compensation accruing or payable under any incentive or other compensation plan or program of an employer based upon changes in the equity value of such employer or any of its Affiliates (but excluding the MLP, CVR Partners, LP and their respective subsidiaries).


3.Effective Date.  Each of the amendments contemplated by this Amendment is effective as of April 1, 2014 (the "Effective Date").


4.Ratify Agreement.  Except as expressly amended hereby, the Agreement will remain unamended and in full force and effect in accordance with its terms.  The amendments provided herein will be limited precisely as drafted and will not constitute an amendment of any other term, condition or provision of the Agreement.  References in the Agreement to "Agreement", "hereof", "herein", and words of similar import are deemed to be a reference to the Agreement as amended by this Amendment.


5.Counterparts.  This Amendment may be executed in any number of counterparts, each of which will be deemed to be an original and all of which constitute one agreement that is binding upon each of the parties, notwithstanding that all parties are not signatories to the same counterpart.















The parties have executed this Amendment as of the date first written above, but effective as of the Effective Date.


	
				
	CVR Refining, LP
By: CVR Refining GP, LLC, its general partner




	CVR Refining GP, LLC

	By:
	/s/ Susan M. Ball
	By:
	/s/ Susan M. Ball

	Name:
	Susan M. Ball
	Name:
	Susan M. Ball

	Title:
	Chief Financial Officer and Treasurer
	Title:
	Chief Financial Officer and Treasurer








	
		
	CVR Energy, Inc.







	By:
	/s/ John J. Lipinski

	Name:
	John J. Lipinski

	Title:
	Chief Executive Officer and President
STATE of North Carolina, v. Marina DEJESUS, Defendant, and Roland M. Loftin, Jr., Bail Agent, and Agent Associates Insurance, L.L.C., Surety.

No. COA16-1326

Court of Appeals of North Carolina.

Filed: October 3, 2017

VACATED. REMANDED.
**Exhibit 31.2**     I, Richard Pyle, Chief Financial Officer of Town Sports    International Holdings, Inc., certify that:     1. I have reviewed this quarterly report on    Form 10-Q    of Town Sports International Holdings, Inc.;     2. Based on my knowledge, this quarterly report does not    contain any untrue statement of a material fact or omit to state    a material fact necessary to make the statements made, in light    of the circumstances under which such statements were made, not    misleading with respect to the period covered by this quarterly    report;     3. Based on my knowledge, the financial statements and    other financial information included in this quarterly report    fairly present in all material respects the financial condition,    results of operations and cash flows of the registrant as of,    and for, the periods presented in this quarterly report;     4. The registrant’s other certifying officers and I    are responsible for establishing and maintaining disclosure    controls and procedures (as defined in Exchange Act    Rules 13a-15    and    15d-15(e))    for the registrant and we have:     (a) Designed such disclosure controls and procedures, or    caused such disclosure controls and procedures to be designed    under our supervision, to ensure that material information    relating to the registrant, including its consolidated    subsidiaries, is made known to us by others within those    entities, particularly during the period in which this quarterly    report is being prepared;     (b) Evaluated the effectiveness of the registrant’s    disclosure controls and procedures and presented in this report    our conclusions about the effectiveness of the disclosure    controls and procedures, as of the end of the period covered by    this report based on such evaluation; and     (c) Disclosed in this report any change in the    registrant’s internal control over financial reporting that    occurred during the registrant’s most recent fiscal quarter    that has materially affected, or is reasonably likely to    materially affect, the registrant’s internal control over    financial reporting;     5. The registrant’s other certifying officers and I    have disclosed, based on our most recent evaluation of internal    control over financial reporting, to the registrant’s    auditors and the audit committee of the registrant’s board    of directors (or persons performing the equivalent functions):     (a) All significant deficiencies and material weaknesses in    the design or operation of internal control over financial    reporting which are reasonably likely to adversely affect the    registrant’s ability to record, process, summarize and    report financial information; and     (b) Any fraud, whether or not material, that involves    management or other employees who have a significant role in the    registrant’s internal control over financial reporting.      By:     /s/  Richard Pyle    Richard Pyle*Chief Financial Officer*     Date:  May 12, 2006
Order issued: September 

## / , 2012

In The 

## (nurt ufAppia1a !Iift1i Ihtrirt uf ixas d Oattu No. 05- 12-00254-CV DALLAS INDEPENDENT SCHOOL DISTRICT, Appellant V. DOUGLAS WATSON, Appellee On Appeal from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-08-12298-D 

### ORDER We GRANT appellant’s September 13, 2012 motion for anextension oftime to file areply brief. Appellant shall file its reply briefon orbefore October 22, 2012.

/ ROLXfq4IT /HST
#### Anthony GIAIMO, Appellant, v. STATE of Missouri, Respondents.

No. ED 81941.

Missouri Court of Appeals, Eastern District, Division Four.

Sept. 2, 2003.

Richard H. Sindel, St. Louis, MO, for Appellant.

John M. Morris III, Karen L. Kramer, Jefferson City, MO, for Respondent.

Before BOOKER T. SHAW, P.J., LAWRENCE G. CRAHAN, J, and GEORGE W. DRAPER III, J.

ORDER

PER CURIAM.

Anthony Martin Giaimo (hereinafter, “Movant”) was convicted of six counts of sodomy, Section 566.060 RSMo (1994), and one count of second-degree sexual miscon*689duct, Section 566.093 RSMo (1994). Mov-ant was sentenced to five consecutive fifteen-year terms, one consecutive seven-year term, and one concurrent six-month term of imprisonment. This Court affirmed Movant’s conviction and sentence. *State v. Giaimo,*968 S.W.2d 157 (Mo.App. E.D.1998). Movant’s Rule 29.15 motion for post-conviction relief was denied by the motion court without an evidentiary hearing. Movant appealed the motion court’s denial of his Rule 29.15 motion. This Court reversed and remanded his motion, in part, and affirmed, in part. *Giaimo v. State,*41 S.W.3d 49 (Mo.App. E.D.2001).

Movant now appeals from the judgment denying his Rule 29.15 motion for post-conviction relief after his evidentiary hearing. Movant alleges the motion court erred in not granting Movant’s request for recusal or his request for a hearing before a neutral judge on the issue of impartiality. Movant further claims the hearing court made several determinations in its judgment which denied Movant his rights to due process and effective assistance of counsel.

We have reviewed the briefs of the parties and the record on appeal and find the motion court’s decision was not clearly erroneous. Rule 29.15(k); *State v. Driver,*912 S.W.2d 52, 54 (Mo. banc 1995). An extended opinion reciting the facts and restating the principles of law applicable to this case would have no precedential value. However, we have provided a memorandum opinion, only for the use of the parties, setting forth the reasons for our decision.

We affirm the judgment of the motion court. Rule 84.16(b).
In the MATTER OF ZIMMERMAN, Claim for Compensation Under the North Carolina Eugenics Asexualization and Sterilization Compensation Program, Claimant-Appellant.

No. COA15-937-2

Court of Appeals of North Carolina.

Filed: November 21, 2017

AFFIRMED.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Veterans Affairs

The Department of Veterans Affairs (VA) gives notice under Public Law 92-463 (Federal Advisory Committee Act) that the Veterans' Advisory Committee on Education will meet on October 13-14, 2005, at the Key Bridge Marriott, 1401 Lee Highway, Arlington, VA 22209. On October 13, the session will begin at 12:30 p.m. and end at 4 p.m. On October 14, the session will begin at 8:30 a.m. and end at 4 p.m. The meeting is open to the public.

The purpose of the Committee is to advise the Secretary of Veterans Affairs on the administration of education and training programs for veterans, servicepersons, reservists, and dependents of veterans under Chapters 30, 32, 35, and 36 of Title 38, and Chapter 1606 of Title 10, United States Code.

On October 13, the meeting will begin with opening remarks and an overview by Mr. James Bombard, Committee Chair. The Committee will discuss the total force GI Bill concept, use of private and corporate funds to support educational programs, claims processing improvements, and comparison of GI Bill rates to the cost of attending a 4-year public college. On October 14, the Committee will participate in a panel discussion with the National Association of Veterans' Program Administrators (NAVPA). The Committee will then review and summarize issues raised during this meeting. Oral statements will be heard at 1 p.m.

Interested persons may file written statements to the Committee before the meeting, or within 10 days after the meeting, with Mrs. Judith B. Timko, Designated Federal Officer, Department of Veterans Affairs, Veterans Benefits Administration (225B), 810 Vermont Avenue, NW., Washington, DC 20420. Any member of the public wishing to attend the meeting should contact Mrs. Timko or Mr. Michael Yunker at (202) 273-7187.

Dated: September 21, 2005.

By Direction of the Secretary.

E. Philip Riggin,

Committee Management Officer.

[FR Doc. 05-19406 Filed 9-28-05; 8:45 am]

BILLING CODE 8320-01-M
STATE of North Carolina v. David Shannon GOFF, Defendant.

No. COA17-34

Court of Appeals of North Carolina.

Filed: September 5, 2017

AFFIRMED.
# C_2008301EN.01006501.xml

| 22.11.2008 | EN | Official Journal of the European Union | C 301/65 |
| --- | --- | --- | --- |

22.11.2008

EN

Official Journal of the European Union

C 301/65

---

Order of the Court of First Instance of 1 October 2008 — Motorpress v OHIM — Sony Computer Entertainment Europe (BUZZ!)

(Case T-302/07) (1)

1

(2008/C 301/124)

Language of the case: English

Language of the case: English

The President of the Fifth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 235, 6.10.2007.

1

---
Order entered March 12, 2020

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-00956-CV

SALVADOR ROBLEDO, ET AL., Appellants

V.

VICTOR HERNANDEZ, ET AL., Appellees

On Appeal from the 44th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-10-15879

ORDER

Before the Court is the March 11, 2020 opposed motion of appellant 

Baltasar Cruz requesting a sixty-day extension of time to file his brief on the 

merits. We GRANT the motion to the extent that appellant shall file his brief no 

later than April 23, 2020. 

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE
STATE v. Robert A.D. WALDRUP

189P17-1

Supreme Court of North Carolina.

August 17, 2017

Robert A.D. Waldrup, for Waldrup, Robert A.D.

Tracy Nayer, Assistant Attorney General.

Mike Miller, District Attorney, for the State of North Carolina.

The following order has been entered on the motion filed on the 12th of June 2017 by Defendant for Trial Transcript be Used as an Exhibit:

*160"Motion Dismissed by order of the Court in conference, this the 17th of August 2017."
# C_2013377EN.01000501.xml

| 21.12.2013 | EN | Official Journal of the European Union | C 377/5 |
| --- | --- | --- | --- |

21.12.2013

EN

Official Journal of the European Union

C 377/5

---

Order of the Court (Sixth Chamber) of 7 October 2013 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Società cooperativa Madonna dei miracoli v Regione Abruzzo, Ministero delle Politiche Agricole e Forestali

(Case C-82/13) (1)

1

(Request for a preliminary ruling - Common agricultural policy - Joint actions - Non-payment of financial aid by the Commission - Withdrawal by a Member State of its contribution - Question of fact - Internal situation - Manifest lack of jurisdiction of the Court - Description of the factual context - Insufficiency - Hypothetical question - Manifest inadmissibility)

2013/C 377/08

Language of the case: Italian

Referring court

Referring court

Consiglio di Stato

Parties to the main proceedings

Parties to the main proceedings

Applicant: Società cooperativa Madonna dei miracoli

Applicant:

Defendant: Regione Abruzzo, Ministero delle Politiche Agricole e Forestali

Defendant:

Re:

Re:

Request for a preliminary ruling — Consiglio di Stato — Interpretation of Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (OJ 1988 L 185, p. 9), of Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (OJ 1988 L 374, p. 1), of Council Regulation (EEC) No 866/90 of 29 March 1990 on improving the processing and marketing conditions for agricultural products (OJ 1990 L 91, p. 1), and of Commission Decision 90/342/EEC of 7 June 1990 on the selection criteria to be adopted for investments for improving the processing and marketing conditions for agricultural and forestry products (OJ 1990 L 173, p. 71) — Joint actions — Non-payment of financial aid by the Commission — Member State not having paid its contribution following the Commission’s failure to pay the aid

Operative part of the order

Operative part of the order

| 1. | The Court of Justice of the European Union manifestly lacks jurisdiction to answer the questions referred by the Consiglio di Stato (Italy). |
| --- | --- |

1.

The Court of Justice of the European Union manifestly lacks jurisdiction to answer the questions referred by the Consiglio di Stato (Italy).

| 2. | As to the remainder, the request for a preliminary ruling is manifestly inadmissible. |
| --- | --- |

2.

As to the remainder, the request for a preliminary ruling is manifestly inadmissible.

---

(1)  OJ C 147, 25.5.2013.

1

---
Jft *r*%

JEFF L. ROSE, CHIEF JUSTICE

DAVID PURYEAR, JUSTICE

BOB PEMBERTON, JUSTICE

MELISSA GOODWIN, JUSTICE

SCOTT K. FIELD, JUSTICE

CINDY OLSON BOURLAND, JUSTICE

The Honorable Velva L. Price

Civil District Clerk

Travis County Courthouse

P.O.Box 1748

Austin, TX 78767

* DELIVERED VIA E-MAIL *

Court of Appeals

Third District of Texas

P.O. BOX 12547, AUSTIN, TEXAS 78711-2547

www. txcourls.gov/3rdcoa.aspx

(512) 463-1733

JEFFREY D. KYLE, CLERK

rch4?201:

RE: Court of Appeals Number: 03-13-00358-CV

Trial Court Case Number: D-l-GN-12-003944

Style: AEP Texas Commercial & Industrial Retail Limited Partnership

v. Public Utility Commission of Texas; Alliance for Retail Markets; Texas Energy

Association for Marketers; CPL Retail Energy, LP; WTU Retail Energy, LP; and Direct

Energy Business, LLC

Dear Honorable Velva L. Price:

The Third Court of Appeals has issued the mandate in this cause. Therefore, I am returning

the following original exhibits:

Joint Exhibit 1 (1 box of administrative record).

Very truly yours,

Jeffrey D. Kyle, Clerk

Filed in The District Court

ofTravis County, Texas

MAR 12 2015 yt

At M.

Velva L Price, District Clerk
#### STATE of Missouri, Respondent, v. Joseph V. GRUBB, Appellant.

No. WD 61528.

Missouri Court of Appeals, Western District.

June 24, 2003.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 29, 2003.

Application for Transfer Denied Aug. 26, 2003.

*111Irene C. Earns, Columbia, MO, for Appellant.

John M. Morris, III, Jefferson City, MO, for Respondent.

Before ROBERT G. ULRICH, P.J., VICTOR C. HOWARD and THOMAS H. NEWTON, JJ.

ORDER

PER CURIAM.

Joseph Grubb appeals his convictions following jury trial for one count of tampering in the first degree, section 569.080, RSMo 2000, one count of knowingly burning or exploding, section 569.055, RSMo 2000, and sentence as a prior offender to concurrent terms of seven and five years, respectively. Mr. Grub raises one point on appeal. He claims that the trial court plainly erred in sentencing him as a prior offender based on a prior military court-martial conviction because it is contrary to Missouri law to use a conviction from a military tribunal to establish prior offender status. He argues that the trial court’s finding was manifestly unjust because it violated his right to due process as guaranteed by the Fourteenth Amendment to the United States Constitution and Article I, Section 10 of the Missouri Constitution, and to his statutory right to sentencing by the jury under sections 557.036 and 558.016, RSMo 2000. The judgment of convictions is affirmed. Rule 30.25(b).
Exhibit 31.2
 CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER PURSUANT TO SECTION 302(a) OF
THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this Amendment No. 1 to annual report on Form 10-K of La Jolla Pharmaceutical
Company, Inc.; and2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact or
omit to state a material fact necessary to make the statements made, in light of the circumstances
under which such statements were made, not misleading with respect to the period covered by this
report.
  By:
    /s/ Gail A. SloanGail A. SloanVice President of Finance and Secretary (Principal Financial Officer)
Exhibit 32.4

 

 

**CERTIFICATION PURSUANT TO SECTION 906**

**OF THE SARBANES-OXLEY ACT**

 

In connection with the Annual Report of Highwoods Realty Limited Partnership (the “Operating Partnership”) on Form 10-K for the period ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Terry L. Stevens, Senior Vice President and Chief Financial Officer of Highwoods Properties, Inc., general partner of the Operating Partnership, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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, as amended; and |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------|

|   | 2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Operating Partnership. |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

| /s/ TERRYL.STEVENS                                                                       |   |
|------------------------------------------------------------------------------------------|--------|
| Terry L. StevensSenior Vice President and Chief Financial Officer of the General Partner |   |
| February 27, 2009                                                              |   |