alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### EDMUND C. MOORE, Appellant, v. ROBERT W. SHRECK, M.D., Respondent.

No. 16030

April 9, 1986

717 P.2d 49

*Cochrane & Rose,*Las Vegas, for Appellant.

*Barker, Gillock & Perry,*and *Jerry Busby,*Las Vegas, for Respondent.

OPINION

*Per Curiam:*

Moore’s complaint against Shreck for medical malpractice was dismissed by the district court for failure to serve the summons in a timely manner. Moore waited nineteen months from the time *164the complaint was filed until the summons was served. Shreck filed a motion to dismiss the action urging as grounds the failure to effect timely service. The motion was granted and Moore appeals the dismissal of his law suit.

This court has great sympathy with the action of the trial court and its decision to dismiss an action which clearly was not prosecuted with diligence. It is with reluctance that we reverse under these circumstances and do so only because we have concluded that such drastic action as complete dismissal of an entire law suit should not be allowed absent a rule or statute setting a specified period of time within which service must be completed. Such is the case, for example, with NRCP 41(e) with its specified two-year and five-year limitation periods, and more relevant to this case, the 120-day period within which a summons and complaint must be filed in the federal courts under FRCP 40).

It is not that the trial court acted unreasonably that brings us to the stated conclusion but rather that counsel in this case and comparable cases have not been afforded fair notice that failure to make timely service will of itself provide grounds for dismissal.

Although the practice of delay in effecting summons service is not to be approved, we do recognize that such a practice has been engaged in on a fairly widespread basis. We intend to stop this practice by amending NRCP 4 to require service of the summons and complaint to be served upon a defendant within 120 days after the filing of the complaint. The rule amendment is issued contemporaneously with this opinion. Our decision in this regard renders it unnecessary to discuss the case law cited by the parties.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE JAIME MARTINEZ-TORIBIO, 

AKA Jose Martinez-Toribio,

Petitioner,

 v.

DANA BOENTE, Acting Attorney General,

Respondent.

No. 15-72965

Agency No. A200-242-701

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted January 18, 2017**

Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.

Jose Jaime Martinez-Toribio, a native and citizen of Mexico, petitions for 

review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal 

from an immigration judge’s (“IJ”) decision denying his application for 

cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

FEB 3 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 15-72965

for substantial evidence the agency’s continuous physical presence determination. 

Gutierrez v. Mukasey, 521 F.3d 1114, 1116 (9th Cir. 2008). We deny the petition 

for review.

Substantial evidence supports the agency’s determination that MartinezToribio failed to establish the requisite continuous physical presence for 

cancellation of removal, where he presented inconsistent testimony with no 

corroboration regarding the length of his departure from the United States in 2004. 

See 8 U.S.C. §§ 1229a(c)(4)(B)-(C), 1229b(b)(1)(A).

The record does not support Martinez-Toribio’s contentions that the IJ failed 

to address or consider evidence, and that the IJ unfairly questioned his credibility. 

PETITION FOR REVIEW DENIED.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5139 Enrolled Bill (ENR)]

        H.R.5139

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten

                                 An Act

 
  To provide for the International Organizations Immunities Act to be 
    extended to the Office of the High Representative in Bosnia and 
      Herzegovina and the International Civilian Office in Kosovo.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Extending Immunities to the Office 
of the High Representative in Bosnia and Herzegovina and the 
International Civilian Office in Kosovo Act of 2010''.
SEC. 2. AUTHORITY TO EXTEND THE PROVISIONS OF THE INTERNATIONAL 
ORGANIZATIONS IMMUNITIES ACT TO THE OFFICE OF THE HIGH REPRESENTATIVE 
IN BOSNIA AND HERZEGOVINA AND THE INTERNATIONAL CIVILIAN OFFICE IN 
KOSOVO.
    The International Organizations Immunities Act (22 U.S.C. 288 et 
seq.) is amended by adding at the end the following new section:
    ``Sec. 17.  The provisions of this title may be extended to the 
Office of the High Representative in Bosnia and Herzegovina (and to its 
officers and employees) or the International Civilian Office in Kosovo 
(and to its officers and employees) in the same manner, to the same 
extent, and subject to the same conditions, as such provisions may be 
extended to a public international organization in which the United 
States participates pursuant to any treaty or under the authority of 
any Act of Congress authorizing such participation or making an 
appropriation for such participation. Any such extension may provide 
for the provisions of this title to continue to extend to the Office of 
the High Representative in Bosnia and Herzegovina (and to its officers 
and employees) or the International Civilian Office in Kosovo (and to 
its officers and employees) after that Office has been dissolved.''.
SEC. 3. BUDGET COMPLIANCE.
    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

J.A.D., ) ) Appellant, ) ) v. ) Case No. 2D19-58 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed October 11, 2019. Appeal from the Circuit Court for Pinellas County; James V. Pierce, Judge. Howard L. Dimmig, II, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Cynthia Richards, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.

KELLY, SALARIO, and ATKINSON, JJ., Concur.
Exhibit 31.1
**CERTIFICATION**
I, Thomas P. Richards, certify that:
 1. I have reviewed this annual report on Form 10-K/A(Amendment No. 2) of Grey Wolf, Inc;  2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport;  3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report;  4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:
 (a) designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared;  (b) [paragraph omitted pursuant to SEC Release Nos. 33-8238 and34-47986];  (c) evaluated the effectiveness of the registrant’s disclosurecontrols and procedures presented in this annual report ourconclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this annual reportbased on such evaluation; and  (d) disclosed in this annual report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s quarter ended December 31, 2003 that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
 5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’sboard of directors (or persons performing the equivalent functions):
 (a) all significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financialinformation; and  (b) any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’sinternal control over financial reporting.        Date:  August 10, 2004 By:  /s/ Thomas P. Richards    Thomas P. Richards    Chairman, President and Chief Executive Officer
**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER**


**AND
      CHIEF FINANCIAL OFFICER**


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




In
      connection with the accompanying to the Quarterly Report on Form 10-Q of
      Advantage Capital Development Corp. for the Quarter Ending December 31, 2006,
      I,
      Jeffrey Sternberg, Chief Executive Officer and Chief Financial Officer of
      Advantage Capital Development Corp. hereby certify pursuant to 18 U.S.C. Section
      1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
      to
      the best of my knowledge and belief, that:




1.
      Such
      Quarterly Report of Form 10-Q for the period ending December 31, 2006, 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 such Quarterly Report on Form 10-Q for the period
      ended
      December 31, 2006, fairly represents in all material respects, the financial
      condition and results of operations of Advantage Capital Development
      Corp.




Dated: March
      12, 2007






**ADVANTAGE
      CAPITAL DEVELOPMENT CORP.**




By: */s/
      Jeffrey Sternberg*


Chief
      Executive Officer


Chief
      Financial Officer


Principal
      Accounting Officer
Exhibit 12.3

WISCONSIN POWER AND LIGHT COMPANY

RATIO OF EARNINGS TO FIXED CHARGES AND RATIO OF EARNINGS TO COMBINED FIXED CHARGES
     AND PREFERRED DIVIDEND REQUIREMENTS

|                                                  | Three Months          |      
|------------------------------------------------- | --------------------- | -----
|                                                  | Ended March 31,       |      
|                                                  |                       |      
|                                                  | 2006                  | 2005 
|                                                  |                       |      
|                                                  | (dollars in millions)
|EARNINGS:                                         |                       |      
|Net income                                        | $32.7                 | $23.9
|Income taxes                                      | 19.6                  | 14.5 
|                                                  |                       |      
|Income before income taxes                        | 52.3                  | 38.4 
|Fixed charges as defined                          | 17.8                  | 13.6 
|Adjustment for undistributed equity earnings      | (1.2)                 | 1.7  
|                                                  |                       |      
|Total earnings as defined                         | $68.9                 | $53.7
|                                                  |                       |      
|FIXED CHARGES:                                   
|Interest expense                                  | $12.1                 | $8.8 
|Estimated interest component of rent expense      | 5.7                   | 4.8  
|                                                  |                       |      
|Total fixed charges as defined                    | $17.8                 | $13.6
|                                                  |                       |      
|Ratio of Earnings to Fixed Charges (Unaudited)    | 3.87                  | 3.95 
|                                                  |                       |      
|Preferred dividend requirements (pre-tax basis) * | $1.3                  | $1.3 
|                                                  |                       |      
|Fixed charges and preferred dividend requirements | $19.1                 | $14.9
|                                                  |                       |      
|Ratio of Earnings to Combined Fixed Charges and  
|Preferred Dividend Requirements (Unaudited)       | 3.61                  | 3.60 
|                                                  |                       |      

* Preferred dividend requirements
(pre-tax basis) are computed by dividing the preferred dividend requirements by one
hundred percent minus the respective year-to-date effective income tax rate.
# L_2007025EN.01000601.xml

| 1.2.2007 | EN | Official Journal of the European Union | L 25/6 |
| --- | --- | --- | --- |

1.2.2007

EN

Official Journal of the European Union

L 25/6

---

COMMISSION REGULATION (EC) No 96/2007

of 31 January 2007

amending Regulation (EC) No 1898/2005 as regards the granting of aid for the purchase of butter by non-profit making institutions and organisations

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 15 thereof,

Whereas:

| (1) | Chapter IV of Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (2) provides for the grant of aid for the purchase of butter by non-profit making institutions and organisations. In view of the reduction in the butter intervention price and the subsequent reduction of aid levels in other butter support schemes, the amount of that aid should be reduced. |
| --- | --- |

(1)

Chapter IV of Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (2) provides for the grant of aid for the purchase of butter by non-profit making institutions and organisations. In view of the reduction in the butter intervention price and the subsequent reduction of aid levels in other butter support schemes, the amount of that aid should be reduced.

| (2) | Regulation (EC) No 1898/2005 should therefore be amended accordingly. |
| --- | --- |

(2)

Regulation (EC) No 1898/2005 should therefore be amended accordingly.

| (3) | The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman, |
| --- | --- |

(3)

The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 74(1) of Regulation (EC) No 1898/2005, the amount ‘EUR 60’ is replaced by the amount ‘EUR 40’.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 31 January 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

1

(2)  
  OJ L 308, 25.11.2005, p. 1. Regulation as last amended by Regulation (EC) No 1919/2006 (OJ L 380, 28.12.2006, p. 1).

2

---
<TABLE> <S> <C>

<ARTICLE>                            5
<LEGEND>
THIS SCHEDULE  CONTAINS  SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM
BSD MEDICAL CORPORATION FINANCIAL  STATEMENTS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                                                <C>
<PERIOD-TYPE>                                            12-mos
<FISCAL-YEAR-END>                                   Aug-31-2000
<PERIOD-END>                                        Aug-31-2000
<CASH>                                                  731,494
<SECURITIES>                                                  0
<RECEIVABLES>                                           348,333
<ALLOWANCES>                                                  0
<INVENTORY>                                             905,102
<CURRENT-ASSETS>                                      2,035,375
<PP&E>                                                  791,591
<DEPRECIATION>                                          705,009
<TOTAL-ASSETS>                                        2,154,413
<CURRENT-LIABILITIES>                                   848,452
<BONDS>                                                       0
<PREFERRED-MANDATORY>                                         0
<PREFERRED>                                                   0
<COMMON>                                                174,797
<OTHER-SE>                                            1,041,387
<TOTAL-LIABILITY-AND-EQUITY>                          2,154,413
<SALES>                                               1,730,393
<TOTAL-REVENUES>                                      1,730,393
<CGS>                                                   931,372
<TOTAL-COSTS>                                         2,665,660
<OTHER-EXPENSES>                                              0
<LOSS-PROVISION>                                              0
<INTEREST-EXPENSE>                                          654
<INCOME-PRETAX>                                        (888,947)
<INCOME-TAX>                                                  0
<INCOME-CONTINUING>                                    (888,947)
<DISCONTINUED>                                                0
<EXTRAORDINARY>                                               0
<CHANGES>                                                     0
<NET-INCOME>                                           (888,947)
<EPS-BASIC>                                               (0.05)
<EPS-DILUTED>                                             (0.05)


</TABLE>
# L_2007005EN.01000301.xml

| 10.1.2007 | EN | Official Journal of the European Union | L 5/3 |
| --- | --- | --- | --- |

10.1.2007

EN

Official Journal of the European Union

L 5/3

---

COMMISSION REGULATION (EC) No 11/2007

of 9 January 2007

on the issue of system B export licences in the fruit and vegetables sector (apples)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1),

Having regard to Commission Regulation (EC) No 1961/2001 of 8 October 2001 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables (2), and in particular Article 6(6) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1510/2006 (3) fixes the indicative quantities for which system B export licences may be issued. |
| --- | --- |

(1)

Commission Regulation (EC) No 1510/2006 (3) fixes the indicative quantities for which system B export licences may be issued.

| (2) | In the light of the information available to the Commission today, there is a risk that the indicative quantities laid down for the current export period for apples will shortly be exceeded. This overrun will prejudice the proper working of the export refund scheme in the fruit and vegetables sector. |
| --- | --- |

(2)

In the light of the information available to the Commission today, there is a risk that the indicative quantities laid down for the current export period for apples will shortly be exceeded. This overrun will prejudice the proper working of the export refund scheme in the fruit and vegetables sector.

| (3) | To avoid this situation, applications for system B licences for apples after 9 January 2007 should be rejected until the end of the current export period, |
| --- | --- |

(3)

To avoid this situation, applications for system B licences for apples after 9 January 2007 should be rejected until the end of the current export period,

HAS ADOPTED THIS REGULATION:

Article 1

Applications for system B export licences for apples submitted pursuant to Article 1 of Regulation (EC) No 1510/2006, export declarations for which are accepted after 9 January and before 1 March 2007, are hereby rejected.

Article 2

This Regulation shall enter into force on 10 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 January 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

1

(2)  
  OJ L 268, 9.10.2001, p. 8. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

2

(3)  
  OJ L 280, 12.10.2006, p. 16.

3

---
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, 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.

 January 31, 2014

h0127

Order 

Clerk

January 31, 2014

147828

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 147828

COA: 302135

Wayne CC: 10-006933-FC

JAMES ANTHONY TERRELL,

Defendant-Appellant.

____________________________________/

On order of the Court, the application for leave to appeal the September 24, 2013 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.