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 EEV A N K U M A R, 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- 74135 A ge nc yN o. A 097- 102- 281 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 Jul y12, 2011 ** B e f o r e : S C H R O E D E R , A L A R C Ó N , an dL E A V Y , C ir c u it Ju d g e s . J e e van K um ar , ana t i ve and c i t i z e n of I ndi a , pe t i t i ons f

orr e vi e w of

the B oar d of I m m i gr a t i on A ppe a l s ’ or de rdi s m i s s i ng hi s appe a l f r om an i m m i gr a t i on ju d g e ’s ( “I J ” ) d e c is io n d e n y in g h is ap p lic a tio n f o ra s y lu m , w ith h o ld in g o f r e m o v a l, and r e l i e f

unde rthe C onve nt i on A ga i ns tT ortur e ( “ C A T ” ) . W e ha ve j ur i s di c t i on 

# FI LED JU L 14 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS08- 74135 2 u n d e r8 U .S .C . § 1 2 5 2 . W e r e v ie w f o rs ub s tan tia l e v id e n c e , L i v . A s h c r o ft , 378 F .3 d9 5 9 , 9 6 2 ( 9 th C ir . 2 0 0 4 ) , an dw e d e n yth e p e titio n f o rr e v ie w . S ub st ant i alevi dence s up po rt s the agency’ s a dv er se cr edi bi l i ty f i nd i ng w here K u m arp r o v id e din c o n s is te n t te s tim o n yr e g ar d in g w h e th e rh e h a dc o n ta c t w ith p o lic e du r in g th e 1 2 - m o n th p e r io db e tw e e n Ju n e 1 9 9 9 an dJu n e 2 0 0 0 . See Si ng h v. G on zales , 4 3 9 F . 3 d1 1 0 0 , 1 1 0 8 (9 th C i r. 2 0 0 6 ). A d d i t i o n al l y, th e ad v erse cr ed ib il ity f

in d in g is su p p o rted b y th e I J’s n eg ativ e a ss es sm en t o f K u m ar ’s d e m e an o rdu e to n o n - r e s p o n s iv e an s w e r s an dlo n g p au s e s in h is te s tim o n y . See S i n gh -Ka u rv . I

NS , 18 3 F . 3d 11 47 , 11 51 (9th C i r. 19 99 ) ( “ spec i aldefe re nce” gi ven t o c r e di bi l i tyde t e rm i na t i ons tha tar e ba s e d on de m e anor ) . I n the abs e nc e of c r e d ib le te s tim o n y , K u m ar ’s a s y lu m an dw ith h o ld in g o f r e m o v a l c la im s f

a il. See Fa ra h v . A s h c r o

ft , 3 4 8 F .3 d1 1 5 3 , 1 1 5 6 ( 9 th C ir . 2 0 0 3 ) . B e c aus e K um ar ’ s C A T c l a i m i s ba s e d on the s a m e t e s t i m onyf ound t o be not c r e di bl e , and he poi nt s t o no othe re vi de nc e the I Js houl d ha ve c ons i de r e d, s ub s tan tia l e v id e n c e a ls o s up p o rts th e d e n ia l o f C A T r e lie f

. Se e i d. a t 1 1 5 6

– 5 7 . P E T I T I ON F OR RE V I E W DE NI E D.
================================================================================

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 of Environmental Control Corp. (formerly
Boss Minerals, Inc.) on Form 10-QSB for the period ended March 31, 2006 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
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 operations
           of the Company.


Date:  May 19, 2006


/s/  Andrei Krioukov
--------------------------------------------
Andrei Krioukov, President and C.E.O.
(Principal Executive Officer)
NOT FINAL UNTIL TIME EXPI RES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

HERBERT and LESLIE GRAHAM, ) ) Appellants, ) ) v. ) Case No. 2D15-4357 ) WELLS FARGO BANK, N.A., Successor ) by Merger to Wachovia Bank, N.A., ) ) Appellee. ) ) Opinion filed April 12, 2017.

A ppeal from the Circuit Court for Highlands County; Peter F. Estrada, Judge. Kevin L. Hagen of Hagen & Hagen P.A., Ft. Lauderdale, for Appellants.Monica L. Haddad Forbes, Sara F. HolladayTobias, and Emily Y. Rottmann, of McGuireWoods LLP, Jacksonville, for A ppellee.

CASANUEVA, Judge. Herbert and Leslie Graham appeal a final judgment of foreclos ure in favor of Wells Fargo Bank, N.A., Successor by Merger to Wachovia Bank , N.A. We find merit only in their argument that the trial court erred in awarding $ 7790 in attorney's fees to- 2 - Wells Fargo without making required findings. 1 The remaining portions of the final judgment are affirmed without comment. The final judgment of foreclosure awarding Wells Fargo attorn ey's fees fails to set forth findings as to the time reasonably expended, the hourly rate, or other factors, if any, considered to explain how the trial court arri ved at the amount of fees it awarded as required by Florida Patient's Compensation Fund v. R owe, 472 So. 2d 1145 (Fla. 1985). Because these findings are required, the lack of a transcript does not affect this court's review of the order on appeal. See Guardianship o f Halpert v. Rosenbloom, 698 So. 2d 938, 939-40 (Fla. 4th DCA 1997) (noting that Rowe fi ndings are mandatory and where an order lacks such findings, the lack of a transcrip t does not preclude appellate review because reversib le error is apparent on the fa ce of the order); see also Bayer v. Glob. Renaissance Arts, Inc., 869 So. 2d 1232, 1232 (F la. 2d DCA 2004) (same). Accordingly, the award of $7790 for attorney's fees to Wells Fargo is reversed for further proceedings consistent with this opinion. Affirmed in part; reversed in part.

SLEET and ROTHSTEIN-YOUAKIM, JJ., Concur.

1 The Grahams' brief does not challenge a $2800 fee award to Choi ce Legal Group.
STATE v. Aaron Kenard WESTBROOK

301A18-1

Supreme Court of North Carolina.

November 6, 2018

Nicholas C. Woomer-Deters, Assistant Appellate Defender, for Westbrook, Aaron Kenard.

Glenn Gerding, Appellate Defender.

Joseph Finarelli, Special Deputy Attorney General, L. Michael Dodd, Special Deputy Attorney General, James R. O'Neill, District Attorney, for State of North Carolina

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 5th of November 2018 by Defendant:

"Motion Allowed by order of the Court in conference, this the 6th of November 2018."

Defendant shall have up to and including the 13th day of December 2018 to file and serve his/her brief with this Court.
STATE of North Carolina v. Pierre Jamar WALKER, Defendant.

No. COA17-357

Court of Appeals of North Carolina.

Filed: November 7, 2017

VACATED IN PART. REMANDED FOR RESENTENCING. CORRECTION OF CLERICAL ERROR.
#### Pleas W. Van Meter, *Appellant,*v. Sophie K. Van Meter, *Appellee.*

Division B.

Decision Filed January 18, 1928.

*W. D. Bell*and *Guy A. Andrews,*for Appellant;

*M. B. McDonald,*for Appellee.

Per Curiam.

This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said decree; it is, therefore, considered, ordered and decreed by the Court that the said decree of the Circuit Court be, and the same is hereby, affirmed.

Whitfield, P. J., and Terrell and Buford, J. J., concur.
Executive Order 13386

# Further Amendment to Executive Order 13369, Relating to the President's Advisory Panel on Federal Tax Reform

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to further extend the reporting deadline of the President's Advisory Panel on Federal Tax Reform, it is hereby ordered as follows:

**Section 1.**                     Section 5 of Executive Order 13369 of January 7, 2005, as amended by Executive Order 13379 of June 16, 2005, is further amended by deleting “September 30, 2005” and inserting in lieu thereof “November 1, 2005”.                

**Sec. 2.**                     Section 7 of Executive Order 13369 of January 7, 2005, is further amended by deleting “30 days after submitting its report pursuant to section 5 of this order” and inserting in lieu thereof “November 15, 2005”.                

**Sec. 3.**                     This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, entities, officers, employees or agents, or any other person.                

[FR Doc. 05-20156

Billing code 3195-01-P
STATE of North Carolina v. Ron Cornelius JOHNSON

No. COA18-241

Court of Appeals of North Carolina.

Filed: November 20, 2018

NO ERROR IN PART. REVERSED IN PART.
EX-10.1



 Exhibit 10.1 
 AMENDMENT NUMBER FOUR 
 TO THE 

HENRY SCHEIN, INC. 
 SECTION 162(m) CASH BONUS PLAN 
 WHEREAS, Henry Schein, Inc. (the
“Company”) maintains the Henry Schein, Inc. Section 162(m) Cash Bonus Plan, as amended (the “Plan”); 

WHEREAS, pursuant to Section 7.2 of the Plan, the Company has reserved the right to amend the Plan; 

WHEREAS, pursuant to the Company’s Compensation Committee Charter, the Board delegated authority to the Compensation
Committee to amend the Plan; and 
 WHEREAS, the Compensation Committee desires to amend the Plan to extend the term
thereof. 
 NOW, THEREFORE, the Plan is hereby amended, effective on the date of the Company’s 2013 annual
stockholders’ meeting, subject to stockholder approval at the 2013 annual stockholders’ meeting, as follows: 
  

	(i)	Subject to stockholder approval at the 2013 annual stockholders’ meeting, Section 7.1 of the Plan is hereby amended to add the following new paragraph to the
end thereof: 

 “(d) The Plan is amended to extend the term to December 31, 2017, effective on the date
of the Company’s 2013 annual stockholders’ meeting, subject to stockholder approval at the 2013 annual stockholders’ meeting. Notwithstanding Section 7.1(a), 7.1(b), and 7.1(c), subject to stockholder approval of the Plan, as
amended, at the 2013 annual stockholders’ meeting, a bonus may be payable under this Plan in respect to fiscal years beginning after December 31, 2013, provided that no bonus shall be payable under this Plan in respect to any fiscal year
beginning after December 31, 2017.” 
  

	(ii)	Except as amended hereby and expressly provided herein, the Plan shall remain in full force and effect. 


[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 







 IN WITNESS WHEREOF, this Amendment has been executed May 14, 2013. 

 

							
	HENRY SCHEIN, INC.
			
		 	By:	 	 /s/ Michael S. Ettinger

		 		 	Name:	 	Michael S. Ettinger
		 		 	Title:	 	Senior Vice President
SYKES, et al. v. HEALTH NETWORK SOLUTIONS, INC., et al.

251PA18-1

Supreme Court of North Carolina.

November 9, 2018

Robert E. Fields, III, Attorney at Law, Samuel Pinero, II, Attorney at Law, William A. Blancato, GAL Appellate Attorney, Leon E. Porter, Attorney at Law, Winston-Salem, for Sykes, Susan, et al.

Ellis B. Drew, III, Attorney at Law, Winston-Salem.

Jennifer K. Van Zant, Attorney at Law, Benjamin R. Norman, Attorney at Law, Greensboro, W. Michael Dowling, Attorney at Law, for Health Network Solutions, Inc., et al.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 9th of November 2018 by Defendants:

"Motion Allowed by order of the Court in conference, this the 9th of November 2018."

Defendants shall have up to and including the 21st day of December 2018 to file and serve his/her brief with this Court.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra,

 Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

September 6, 2011 

y0829 

Order 

 

September 6, 2011 

142582 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 142582 

 COA: 299537 

Chippewa CC: 07-008509-FH 

THOMAS WESLEY POE, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the October 29, 2010 

order of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
INTERSAL, INC. v. HAMILTON, et al.

115A18-1

Supreme Court of North Carolina.

October 2, 2018

David H. Harris, Jr., Attorney at Law, Durham, for Intersal, Inc.

Brian Rabinovitz, Special Deputy Attorney General, Olga Vysotskaya de Brito, Special Deputy Attorney General, for North Carolina Department of Natural and Cultural Resources, et al.

Amar Majmundar, Senior Deputy Attorney General, Charles G. Whitehead, Special Deputy Attorney General, for North Carolina Department of Natural and Cultural Resources, et al.

Jeffrey A. Doyle, Attorney at Law, Raleigh, Joshua D. Neighbors, Attorney at Law, for Friends of Queen Anne's Revenge (Non-Profit Corporation).

The following order has been entered on the motion filed on the 1st of October 2018 by Plaintiff for Extension of Time to Respond to Motion to Dismiss:

"Motion Allowed by order of the Court in conference, this the 2nd of October 2018."
# Official Journal L 216/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 216 |
| | |
| English edition | Legislation | Volume 5112 August 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 216

English edition

Legislation

Volume 5112 August 2008

---

| Contents | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory | page |
| --- | --- | --- | --- |
| | | RECOMMENDATIONS |
| | | Commission |
| | | 2008/653/EC |
| | * | Commission Recommendation of 26 May 2008 on safe and efficient in-vehicle information and communication systems: update of the European Statement of Principles on human-machine interface
  (notified under document number C(2008) 1742) | 1 |

Contents

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

page

RECOMMENDATIONS

Commission

2008/653/EC

*

Commission Recommendation of 26 May 2008 on safe and efficient in-vehicle information and communication systems: update of the European Statement of Principles on human-machine interface
  (notified under document number C(2008) 1742)

(notified under document number C(2008) 1742)

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
STATE v. Michael Eugene BOWDEN

221P18-1

Supreme Court of North Carolina.

September 20, 2018

Daniel P. O'Brien, Special Deputy Attorney General, Garry W. Frank, District Attorney, for State of North Carolina.

Michael Eugene Bowden, for Bowden, Michael Eugene.

The following order has been entered on the motion filed on the 11th of July 2018 by Defendant for Notice of Appeal:

"Motion Dismissed by order of the Court in conference, this the 20th of September 2018."

Hudson, J. and Jackson, J. recused
#### John V. Johnson, Appellant, v Jeffrey C. Benezra, Respondent.

[719 NYS2d 849]

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about April 2, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated.

In this medical malpractice matter involving long-term psychiatric treatment, plaintiffs expert’s affidavit, when considered in light of the entire factual record, sufficiently raised triable, material issues of fact regarding causation of injury as well as deviation from accepted practices. Such factual issues include whether defendant’s intervention, allegedly pursued after plaintiff decided to terminate treatment, precipitated identifiable injuries to plaintiffs fragile psychological equilibrium and to his underlying condition *(see, Stewart v New York City Health & Hosps. Corp.,*207 AD2d 703, 704, *lv denied*85 NY2d 809; *Minelli v Good Samaritan Hosp.,*213 AD2d 705, 706-707). Concur — Williams, J. P., Tom, Mazzarelli, Rubin and Saxe, JJ.
#### STATE ex rel. Ronnie GREEN v. STATE of Louisiana.

No. 2002-KH-2104.

Supreme Court of Louisiana.

Aug. 29, 2003.

In re Green, Ronnie;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. C, No. 91K4177C; to the Court of Appeal, Third Circuit, No. KH 02-00253.

Denied. La.C.Cr.P. art. 930.8; *State ex rel. Glover v. State,*93-2330 (La.9/5/95), 660 So.2d 1189.
----

**EXHIBIT      32.2**

**CERTIFICATION      OF CHIEF FINANACIAL OFFICER**

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

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

| (1)    | the                Report fully complies with the requirements of §13(a) or 15(d) of the                Securities Exchange Act of 1934, 15 U.S.C. §78m or 78o(d),                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:  October                24, 2007 |   | /s/Howard                Herman        |   |
|---------------------------------------------------|--------|----------------------------------------|--------|
|                                              |   |                                   |   |
|                                              |   | Howard                Herman           |   |
|                                              |   |                                   |   |
|                                              |   | Chief                Financial Officer |   |
In the MATTER OF: S.M.M.

No. COA18-561

Court of Appeals of North Carolina.

Filed: January 15, 2019

DISMISSED IN PART. AFFIRMED IN PART. REMANDED IN PART.
**EXHIBIT31.1**

**CHIEFEXECUTIVE OFFICER CERTIFICATION**

I, Ronald H. Miller, certify that:

1.             Ihave reviewed this quarterly report on Form 10-Q of Aventine Renewable EnergyHoldings, Inc.;

2.             Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.             Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4.             Theregistrant’s other certifying officer(s) and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

a.                                     Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b.                                    Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this reportbased on such evaluation; and

c.                                     Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

5.             Theregistrant’s other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):

a.                                     Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely 

----

affect theregistrant’s ability to record, process, summarize and report financialinformation; and

b.                                    Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

Date:  August 10,2006

/s/  Ronald H. Miller            

Ronald H. Miller

President, ChiefExecutive Officer

and Director

 

----