alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

IN RE : PATRICK G. MIRE ,

Relator

. '

' ' ' ' ' No. 08

- 1 3

- 00020

- CV
AN ORIGINAL PROCEEDING
IN MANDAMUS

MEMORANDUM OPINION Relator, Patrick G. Mire, requests this Court to issue a writ of mandamus against the Honorable Angie Juarez Barill, presiding judge of the 346th District Court of El Paso County,
Texa s
. For the reasons that follow , we deny the relief requested.
MANDAMUS Relator filed his petition for writ of mandamus in this Court on January 29, 2013. In his petition, Relator raises two issues asserting that he has no adequate remedy by appeal and that the trial court abused its discretion by entering two orders on June 5, 2012, denying his “Motion for Abatement and Severance” and his “Motion to Dismiss and Motion to Strike Designation as Responsible Third Party Due to Misjoinder and Motion for Summary Judgment Due to
Limitations

. ” Mandamus is an extr aordinary remedy that will issue only if the Relator shows: (1) the trial court clearly abused its discretion; and (2) the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am. , 148 S.W.3d 124, 135

- 36 (Tex. 2004). Although
mandamus is not an equitable remedy, it is largely controlled by equitable principles. Rivercenter
Assocs. v. Rivera , 858 S.W.2d 366, 367 (Tex. 1993). One such principle is that equity aids the2

diligent and not those who slumber on their rights. Id . Mandamus re lief may be denied to a party due to a lack of diligence. In re Users Sys. Servs., Inc. , 22 S.W.3d 331, 337 (Tex. 1999);
Rivercenter , 858 S.W.2d at 367. A court may properly deny mandamus relief when the record does not reveal a justification for the del ay in filing a petition for writ of mandamus. Rivercenter , 858 S.W.2d at 367. Here, Relator did not file hi s petition for writ of mandamus until more than seven months after the trial court entered its orders on June 5, 2012, and one week before trial i n the underlying

c ase . Other than asserting that all the issues presented for our consideration have been previously raised below and that the parties involved in this case have not suffered any prejudice, Relator provides no explanation for the delay in fi ling this mandamus action. Furthermore, the record does not reveal a justification for Relator’s unexplained delay in seeking mandamus relief. By waiting more than seven months to request relief, Relator has not been diligent and, thus, we
conclude relie f must be denied because of laches. See Rivercenter , 858 S.W.2d at 367

- 68 ( relator waited four months to seek mandamus relief from demand for jury trial ) ; Furr’s Supermarkets,
Inc. v. Mulanax , 897 S.W.2d 442, 443 (Tex. App.

– El Paso 1995, orig. proceedin g) (relator sought mandamus relief from severance order four months after severance); TEX.R.APP.P. 52.8(a). Even assuming Relator had sought mandamus relief earlier, the record before us does not demonstrate that the trial court clearly abused its discret ion.
CONCLUSION The Relator’s petition for writ of mandamus is denied. GUADALUPE RIVERA, Justice February 13, 2013 Before McClure, C.J., Rivera, and Rodriguez, JJ.
#### IN RE KASIM

No. 473P82.

Case below: 58 N.C. App. 36.

Petition by Mary Kay Yorio Kasim for discretionary review under G.S. 7A-31 denied 21 September 1982.
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............................................................... X 

IN RE: Fosamax Products Liability : 

Litigation 1: 06-md-1789 (JFK) 

Order ............................................................... X 

This Document Relates to: All Actions : 

JOHN F. KEENAN, United States District Judge: 

This order amends the Court's Memorandum Opinion and 

Order dated September 12, 2007. The parties' briefs on the 

sharing of costs related to document production shall be 

submitted by October 9, 2007. 

SO ORDERED. 

Dated: New ~ork, New York 

September 17, 2007 

JOHN F. KEENAN 

United States District Judge 

Case 1:07-cv-03464-JFK Document 10 Filed 09/17/2007 Page 1 of 1
Case 1:07-cv-03536-GEL Document 4 Filed 05/03/2007 Page 1 of 2Case 1:07-cv-03536-GEL Document 4 Filed 05/03/2007 Page 2 of 2
#### HYDER v. WEILBAECHER

No. 133 PC.

Case below: 54 N.C. App. 287.

Petition by defendant for discretionary review under G.S. 7A-31 denied 12 January 1982.
#### STATE v. BRYANT

No. 404P82.

Case below: 57 N.C. App. 600.

Petition by defendant for discretionary review under G.S. 7A-31 denied 25 August 1982. Motion of Attorney General to dismiss appeal for lack of substantial constitutional question allowed 25 August 1982.
##### 



EXHIBIT 12.1
 GRACECHURCH CARD FUNDING (NO. 2) PLC
Certification Pursuant to Section 302 of the Sarbanes-Oxley Act 2002
  1.
    
    I have reviewed this annual report on Form 20-F, and all reports on
Form 6-K containing distribution or servicing reports filed in respect
of periods included in the year covered by this annual report, of
Gracechurch Card Funding (No. 2) PLC;2.
    
    Based on my knowledge, the information in these reports, taken as a
whole, 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 as of the last day of the period covered by this annual
report;3.
    
    Based on my knowledge, the distribution or servicing information
required to be provided to the trustee by the servicer under the
pooling and servicing, or similar, agreement, for inclusion in these
reports is included in these reports;4.
    
    I am responsible for reviewing the activities performed by the
servicer under the pooling and servicing, or similar, agreement and
based upon my knowledge and the annual compliance review required
under that agreement, and except as disclosed in the reports, the
servicer has fulfilled its obligations under that agreement; and5.
    
    The reports disclose all significant deficiencies relating to the
servicers compliance with the minimum servicing standards based upon
the report provided by an independent public accountant, after
conducting a review in compliance with the Uniform Single Attestation
Program for Mortgage Bankers or similar procedure, as set forth in the
pooling and servicing, or similar, agreement.
 By: /s/ Paul Gerard TurnerName:
    
    Paul Gerard TurnerTitle:
    
    DirectorDate:
    
    June 23, 2006
 - 26 -
Case 1:07-cv-03542-LAK Document 6 Filed 07/06/2007 Page 1 of 2
Case 1:07-cv-03542-LAK Document 6 Filed 07/06/2007 Page 2 of 2
fzmd-ex1021_1672.htm




			
	
 
	
 
	
Exhibit 10.21




 

CPM MEDICAL CONSULTANTS, LLC

 

AMENDMENT TO THE STOCKING AND SUBDISTRIBUTION AGREEMENT

 

This amendment to the stocking and subdistribution agreement ("Amendment"), dated as of January 1st, 2020 ("Effective Date"), is entered into by and between CPM Medical Consultants, LLC, a Texas Limited Liability Company having its principal place of business at 1565 N. Central Expressway, Suite 200, Richardson, TX 75080 ("Distributor"), and MedUSA Group, LLC, a Texas series limited liability company having its principal place of business at Dominion Plaza 17304 Preston Rd, ste 800 Dallas, Tx 75252 ("Subdistributor", and together with Distributor, the "Parties," and each, a "Party").

 

Whereas, both Parties agree to amend the agreement to allow the Distributor to bill all revenues for the Subdistributor and pay the Subdistributor a rate of 45% of the total sales of the case.

Compensation will be made on all collected sales by the 15th of the following month.

 

 

 

 

Now therefore, the parties hereto agree that the Agreement is amended as follows:

 


	
 
	
1.
	
The amendment to the Agreement is amended to change the billing and commission rate





	
 
	
2.
	
Except as amended hereby, the Agreement remains in full force and effect as written.




 

 

 

 

 

 

 

In Witness Whereof, both parties have executed this Amendment effective as of the Effective Date.

 


					
	
CPM Medical Consultants, LLC
	
MedUSA Group, LLC

	
/s/ Christopher C. Reeg
	
/s/ Mark W. Brooks

	
Name: Christopher C. Reeg
	
Name: Mark W. Brooks

	
Title: COO
	
Title: Manager

	
Date: February 24, 2020
	
Date: February 24, 2020
#### CANTY v. DARSIE

No. 173 PC.

Casé below: 41 N.C. App. 191.

Petition by. plaintiff for discretionary review under G.S. 7A-31 denied 12 July 1979.
**Exhibit 23.01**

Consent of Independent Registered Certified Public Accountants 

We consent to the incorporation by reference in theRegistration Statement (Form S-8 No. 333-117890) pertaining to the Xicor, Inc. 1998 employee Stock Purchase Plan, Xicor, Inc. 1990 Incentive and Non-incentive Stock Option Plan, Xicor, Inc. 1998 Nonstatutory Stock Option Plan, Xicor, Inc. 2002Stock Option Plan, Xicor, Inc. 2000 Director Option Plan, Xicor, Inc. 1995 Director Option Plan, (Form S-8 No. 333-88208) pertaining to the Elantec Semiconductor, Inc. 1983 Stock Option Plan, Elantec Semiconductor, Inc. 1994 Equity IncentivePlan, Elantec Semiconductor, Inc. 1995 Employee Stock Purchase Plan, Elantec Semiconductor, Inc. 1995 Equity Incentive Plan and Elantec Semiconductor, Inc. 2001 Equity Incentive Plan, (Form S-8 No. 333-31094) pertaining to the IntersilCorporation 1999 Equity Compensation Plan and Intersil Corporation Employee Stock Purchase Plan, (Form S-8 No. 333-50718) pertaining to the SiCOM, Inc. 1985 Incentive Stock Option Plan, SiCOM, Inc. 1996 Equity Incentive Plan and Option Issuedto Robert W. Putnam, (Form S-8 No. 333-50722) pertaining to the Employee Stock Option Plan of No Wires Needed B.V., (Form S-8 No. 333-65804) pertaining to the Intersil Corporation 1999 Equity Compensation Plan, (Form S-4No. 333-35052) and (Form S-4 No. 333-46984) and the related Prospectuses of Intersil Corporation of our reports dated February 28, 2006, with respect to the consolidated financial statements and schedule of Intersil Corporation,Intersil Corporation management’s assessment of the effectiveness of internal control over financial reporting, and the effectiveness of internal control over financial reporting of Intersil Corporation, included in this Annual Report (Form10-K) for the year ended December 30, 2005. 

 

Fort Lauderdale, Florida 

February 28, 2006
EXTENSION
AGREEMENT

     

    Mark
Stenberg holds a $1,250,000 note made by Nutrition 21, Inc. dated August 25,
2006. The maturity date of the note is extended through September 14,
2009.

     

    Nutrition
21, Inc. confirms all other provisions of the note and of the security for the
note, including provisions for accelerated maturity on certain
events.

     

    Nutrition
21, Inc. further confirms that the granting of this extension is not a waiver of
any rights under the note or a related security agreement or otherwise available
to you at law or in equity.

     

    This
extension is effective only if and when Arnold Blair signs an identical
extension agreement for a $1,250,000 note by Nutrition 21, Inc. that he
holds.

     

    Dated:
September 1, 2009

     

    
      
        	
                /s/ Mark Stenberg

              	 
      


      

    

    Mark
Stenberg

     

    NUTRITION
21, INC.

     

    
      
        
          
            
              
                
                  	
                          By 

                        	
                          /s/ Benjamin Sporn

                        	 
	 	 	 
	 
      	
                           Benjamin
      Sporn

                        	 
	 
      	
                           Vice
      President
Case 1:07-cv-03583-LBS-RLE     Document 22-11      Filed 04/28/2008     Page 1 of 2

Case 1:07-cv-03583-LBS-RLE     Document 22-11      Filed 04/28/2008     Page 2 of 2
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Case 7:07-cv-03432-CS-MDF Document 49-2 Filed 07/03/2008 Page 8 of 17
Case 7:07-cv-03432-CS-MDF Document 49-2 Filed 07/03/2008 Page 9 of 17
Case 7:07-cv-03432-CS-MDF Document 49-2 Filed 07/03/2008 Page 10 of 17
Case 7:07-cv-03432-CS-MDF Document 49-2 Filed 07/03/2008 Page 11 of 17
Case 7:07-cv-03432-CS-MDF Document 49-2 Filed 07/03/2008 Page 12 of 17
Case 7:07-cv-03432-CS-MDF Document 49-2 Filed 07/03/2008 Page 13 of 17
Case 7:07-cv-03432-CS-MDF Document 49-2 Filed 07/03/2008 Page 14 of 17
Case 7:07-cv-03432-CS-MDF Document 49-2 Filed 07/03/2008 Page 15 of 17
Case 7:07-cv-03432-CS-MDF Document 49-2 Filed 07/03/2008 Page 16 of 17
Case 7:07-cv-03432-CS-MDF Document 49-2 Filed 07/03/2008 Page 17 of 17
#### In the Matter of John Romanow, as Executor of Ruth Romanow, Appellant, v Karen Heller et al., Respondents.

Supreme Court, Appellate Term, First Department,

January 27,1987

APPEARANCES OF COUNSEL

*Jerome R. Halperin, P. C. (Jerome R. Halperin*of counsel), for appellant. *Howard J. Herman*and *Judy Shouse Levy*for respondents.

OPINION OF THE COURT

Per Curiam.

Final judgment entered April 10, 1986 affirmed, with $25 costs.

Hughes, P. J., Riccobono and Sandifer, JJ., concur.
**Exhibit 13.1**  **13.1    Certification Pursuant to Section 906 of the Sarbanes-Oxley    Act of 2002.**     Pursuant to section 906 of the Sarbanes-Oxley Act of 2002    (subsections (a) and (b) of Section 1350,    Chapter 63 of Title 18, United States Code), each of    the undersigned officers of ENEL S.p.A. (the    “Company”), does hereby certify to such officer’s    knowledge, that:     The annual report on    Form 20-F/A    for the fiscal year ended December 31, 2006 of the Company    fully complies with the requirements of section 13(a) or    15(d) of the Securities Exchange Act of 1934, and the    information contained in the annual report on    Form 20-F/A    fairly presents, in all material respects, the financial    condition and results of operations of the Company.      Date:  November 13, 2007 /s/  Fulvio    Conti    Name: Fulvio Conti     Title:     Chief Executive Officer       Date:  November 13, 2007/s/  Luigi    Ferraris    Name: Luigi Ferraris     Title:     Chief Financial Officer      Date:  November 13, 2007 /s/  Claudio    Machetti    Name: Claudio Machetti     Title:     Chief Financial Officer      A signed original of this written statement required by    Section 906 has been provided to Enel S.p.A. and will be    retained by Enel S.p.A. and furnished to the Securities and    Exchange Commission or its staff upon request.
# C_2011245EN.01000501.xml

| 24.8.2011 | EN | Official Journal of the European Union | C 245/5 |
| --- | --- | --- | --- |

24.8.2011

EN

Official Journal of the European Union

C 245/5

---

Information communicated by Member States regarding closure of fisheries

2011/C 245/05

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 18.7.2011 |
| --- | --- |
| Duration | 18.7.2011-31.12.2011 |
| Member State | The Netherlands |
| Stock or Group of stocks | HKE/2AC4-C |
| Species | Hake (Merluccius merluccius) |
| Zone | EU waters of IIa and IV |
| Type(s) of fishing vessels | — |
| Reference number | — |

Date and time of closure

18.7.2011

Duration

18.7.2011-31.12.2011

Member State

The Netherlands

Stock or Group of stocks

HKE/2AC4-C

Species

Hake (Merluccius merluccius)

Merluccius merluccius

Zone

EU waters of IIa and IV

Type(s) of fishing vessels

—

Reference number

—

Web link to the decision of the Member State:

http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
[Federal Register Volume 72, Number 196 (Thursday, October 11, 2007)]
[Notices]
[Pages 57914-57918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5015]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal Nos. 07-35]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

ACTION:  Notice.

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

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of Public Law 104-164 dated 21 
July 1996.

FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM, (703) 
601-3740.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittals 07-35 with attached transmittal, policy 
justification, and Sensitivity of Technology.

    Dated: October 3, 2007.
L.M. Bynum,
OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-M

[[Page 57915]]

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[[Page 57916]]


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[[Page 57917]]


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[[Page 57918]]


[GRAPHIC] [TIFF OMITTED] TN11OC07.003

[FR Doc. 07-5015 Filed 10-10-07; 8:45 am]
BILLING CODE 5001-06-C
Case 1:07-cv-03498-AKH Document 4 Filed 06/11/2007 Page 1 of 3
Case 1:07-cv-03498-AKH Document 4 Filed 06/11/2007 Page 2 of 3
Case 1:07-cv-03498-AKH Document 4 Filed 06/11/2007 Page 3 of 3
Case 1:07-cv-03545-DAB Document 19 Filed 10/22/2007 Page 1 of 7
Case 1:07-cv-03545-DAB Document 19 Filed 10/22/2007 Page 2 of 7
Case 1:07-cv-03545-DAB Document 19 Filed 10/22/2007 Page 3 of 7
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Case 1:07-cv-03545-DAB Document 19 Filed 10/22/2007 Page 5 of 7
Case 1:07-cv-03545-DAB Document 19 Filed 10/22/2007 Page 6 of 7
Case 1:07-cv-03545-DAB Document 19 Filed 10/22/2007 Page 7 of 7
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 40617 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
GEARY MOHAMMED MILLS , Defendant

- Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:10

- CR

- 65

- 8

Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: * Geary Mohammed Mills was convicted by a jury of conspiracy to possess with intent to distribute a controlled substance and possession of a firearm in furtherance of a drug

- trafficking crime , and he was sentenced to 24 8 months of imprisonment and five years of supervised release. This court affirmed the judgment of the district court , and Mills’s criminal proceeding was concluded when the Supreme Court denied his petition for a writ of certiorari in October

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED March 1, 2017 Lyle W. Cayce Clerk Case: 16-40617 Document: 00513892567 Page: 1 Date Filed: 03/01/2017No. 16

- 40617

2 2014

. S ee United States v. Mills , 555 F. App’x 381, 382

- 88 (5th Cir.) , cert. denied , 135 S. Ct. 140 (2014). In April 2015, Mills moved for reconsideration of the denial of his pretrial suppression motion, which denial had been affirmed on direct appeal. That motion was administratively terminated without notice
to Mills , as the criminal proceeding was no longer pending. In April 2016, Mills moved for an expedited ruling on his motion for reconsideration and sought the dismissal of the indictment against him as being void for lack of jurisdiction. To the extent that Mills’s motion for a n expedited ruling sought the dismissal of his indictment, the district court dismissed it as untimely, citing Federal Rule of Criminal Procedure 12(b)(2). Mills now appeals. We note at the outset that the superseding indictment charged Mills with violat ing 21 U.S.C. § 846 and 18 U.S.C. § 924(c)(1), two federal offenses, and that the district court thus had subject matter jurisdiction over his prosecution

. See 18 U.S.C. § 3231 . Mills’s 2014 motion sought to challenge jurisdiction on the basis of venue a nd thus had to be brought pretrial, or at least while his criminal case was still pending. See F ED

. R. C RIM

. P. 12(b)(2). We do not address here the appropriate standard of review, see United States v. McLauling , 753 F.3d 557, 559 (5th Cir. 2014), but conclude that the district court did not err in denying Mills’s motion as untimely. The motion for expedited consideration of this appeal is DENIED. AFFIRMED. Case: 16-40617 Document: 00513892567 Page: 2 Date Filed: 03/01/2017
[Federal Register Volume 72, Number 199 (Tuesday, October 16, 2007)]
[Notices]
[Page 58671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5084]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of 
the Sickle Cell Disease Advisory Committee.
    The meeting will be open to the public, with attendance limited to 
space available. Individuals who plan to attend and need special 
assistance, such as sign language interpretation or other reasonable 
accommodations, should notify the Contact Person listed below in 
advance of the meeting.

    Name of Committee: Sickle Cell Disease Advisory Committee.
    Date: October 29, 2007.
    Time: 8:30 a.m. to 4 p.m.
    Agenda: Discussion of Programs and Issues.
    Place: National Institutes of Health, 6701 Rockledge Drive, 
Conference Room 9112/9116, Bethesda, MD 20892.
    Contact Person: Robert B Moor, PhD, Health Scientist 
Administrator, Blood Diseases Program, Division of Blood Disease and 
Resources, National Heart, Lung, and Blood Institute, NIH, 6701 
Rockledge Drive, Room 10162, Bethesda, MD 20892, 301/435-0050.
    Information is also available on the Institute's/Center's home 
page: www.nhlbi.nih.gov/meetings/index.htm, where an agenda and any 
additional information for the meeting will be posted when 
available.

(Catalogue of Federal Domestic Assistance Program Nos. 933.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: October 3, 2007.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 07-5084 Filed 10-15-07; 8:45 am]
BILLING CODE 4140-01-M